Statutory Rules Publication Amendment Act 1980

Overview

The Statutory Rules Publication Amendment Act 1980 was enacted to address gaps in the legislative process regarding the incorporation of amendments into the statutory rules. The Act amends the Statutory Rules Publication Act 1903, which was the original framework governing the publication of statutory rules and amendments in Australia. The enacting body was the Parliament of Australia, which aimed to streamline the process by which amendments are incorporated into the official publication of statutory rules, enhancing the clarity and accessibility of legislative texts. This amendment specifically aimed to modernise the method of indicating amendments by allowing them to be noted in endnotes as well as footnotes, thereby ensuring that all amendments are clearly and comprehensively included within the statutory rules.

Scope and Application

The Statutory Rules Publication Amendment Act 1980 applies to the Statutory Rules Publication Act 1903, modifying its provisions to ensure the incorporation of amendments in the reprint of statutory rules. This Act extends to the entire Commonwealth of Australia, impacting federal legislative processes and documentation practices. The amendment specifies that changes to statutory rules should be included not only in the main text but also in footnotes or endnotes, thereby broadening the scope of where amendments can be formally noted within the statutory rules. There are no specific exclusions or thresholds mentioned in the Act, and it does not reference any subordinate instruments that might further extend or restrict its application. This Act ensures a more comprehensive incorporation of legislative amendments within the statutory rules framework.

Key Provisions

The Statutory Rules Publication Amendment Act 1980 (section 1) amends the Statutory Rules Publication Act 1903 (referred to as the Principal Act in section 1(2)). This Act, which came into operation on 1 January 1980 (section 2), modifies the manner in which amendments to statutory rules are incorporated in a reprint of those rules. Specifically, section 3 of the amendment Act revises subsection (2) of section 6a of the Principal Act. The amendment replaces the phrase “or a footnote” with “, or in a footnote or endnote,” thus broadening the scope of permissible locations for incorporating amendments in the reprints. Under the amended Act, the primary obligation on the parties responsible for publishing statutory rules is to ensure that any amendments are clearly and accurately incorporated into the reprints, whether in the main body of the text, a footnote, or an endnote (section 3). This amendment aims to provide greater flexibility in the presentation of statutory rules, allowing for a more streamlined and comprehensive incorporation of amendments. Failure to comply with the requirements of the Statutory Rules Publication Amendment Act 1980 may result in legal consequences. However, the Act does not explicitly state the specific offences, penalties, or civil/criminal consequences for non-compliance. Therefore, while the Act sets out the procedural requirements for incorporating amendments, it does not provide detailed information on the potential repercussions of failing to adhere to these requirements. Practitioners should therefore refer to other relevant legislation or seek legal advice to fully understand the implications of non-compliance with this Act.