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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Acts and Instruments (Framework
Reform) Bill 2014
No. , 2014
(Attorney-General)
A Bill for an Act to amend the Legislative
Instruments Act 2003 and other Acts, and for other
purposes
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Acts, legislative instruments and notifiable
instruments
3
Part 1--Definitions and key concepts
3
Legislative Instruments Act 2003
3
Part 2--Registration of Acts and instruments
20
Legislative Instruments Act 2003
20
Part 3--Legislative instruments and notifiable instruments
generally
46
Legislative Instruments Act 2003
46
Part 4--Repeals
63
Acts Citation Act 1976
63
Acts Publication Act 1905
63
Ordinances and Regulations (Notification) Act 1972
63
Part 5--Amendments of other Acts
64
Acts Interpretation Act 1901
64
Defence Act 1903
69
Defence Force Discipline Act 1982
71
Defence Force Retirement and Death Benefits Act 1973
71
Family Law Act 1975
71
Federal Circuit Court of Australia Act 1999
72
Federal Court of Australia Act 1976
73
Great Barrier Reef Marine Park Act 1975
74
Health Insurance Commission (Reform and Separation of Functions)
Act 1997
74
Human Rights (Parliamentary Scrutiny) Act 2011
74
Judiciary Act 1903
75
Motor Vehicle Standards Act 1989
75
ii
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
Parliamentary Counsel Act 1970
76
Protection of the Sea (Prevention of Pollution from Ships) Act 1983
76
Radiocommunications Act 1992
76
Telecommunications Act 1997
76
Trade Marks Act 1995
77
Part 6--References to the Legislative Instruments Act 2003
78
Part 7--Application, savings and transitional
79
Schedule 2--Machinery of government changes
85
Part 1--Acts Interpretation Act 1901
85
Part 2--Application and transitional
95
Schedule 3--Updating references to instruments
97
Part 1--Repeal of Act
97
Legislative Instruments (Transitional Provisions and Consequential
Amendments) Act 2003
97
Part 2--Amendments of Acts
98
Aboriginal and Torres Strait Islanders (Queensland Reserves and
Communities Self-management) Act 1978
98
Aboriginal Land Grant (Jervis Bay Territory) Act 1986
98
Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987
98
Australian Broadcasting Corporation Act 1983
99
Australian Institute of Aboriginal and Torres Strait Islander Studies
Act 1989
100
Australian Radiation Protection and Nuclear Safety Act 1998
100
Broadcasting Services Act 1992
101
Commerce (Trade Descriptions) Act 1905
105
Competition and Consumer Act 2010
105
Customs Act 1901
106
Defence (Visiting Forces) Act 1963
107
Environment Protection and Biodiversity Conservation Act 1999
107
Export Control Act 1982
115
Fisheries Management Act 1991
115
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
iii
Foreign Proceedings (Excess of Jurisdiction) Act 1984
116
Gene Technology Act 2000
118
Health and Other Services (Compensation) Act 1995
119
Health Insurance Act 1973
119
Hearing Services Administration Act 1997
123
High Court of Australia Act 1979
124
Horticulture Marketing and Research and Development Services Act
2000
124
Imported Food Control Act 1992
126
Industrial Chemicals (Notification and Assessment) Act 1989
126
Interactive Gambling Act 2001
127
National Blood Authority Act 2003
128
National Environment Protection Measures (Implementation) Act
1998
130
National Health Act 1953
130
National Transmission Network Sale Act 1998
133
National Transport Commission Act 2003
134
Primary Industries Levies and Charges Collection Act 1991
134
Primary Industry Councils Act 1991
135
Radiocommunications Act 1992
135
Telecommunications Act 1997
136
Telstra Corporation Act 1991
137
Tobacco Advertising Prohibition Act 1992
137
Trade Representatives Act 1933
138
Wool Services Privatisation Act 2000
138
Part 3--Saving and transitional
139
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
1
A Bill for an Act to amend the Legislative
1
Instruments Act 2003 and other Acts, and for other
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Acts and Instruments (Framework
6
Reform) Act 2014.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1 to
3
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 12 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Acts, legislative instruments and notifiable instruments Schedule 1
Definitions and key concepts Part 1
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
3
Schedule 1
--Acts, legislative instruments and
1
notifiable instruments
2
Part 1
--Definitions and key concepts
3
Legislative Instruments Act 2003
4
1 Title
5
Repeal the title, substitute:
6
An Act providing for public access to Acts and instruments, for the
7
making, parliamentary scrutiny and sunsetting of legislative
8
instruments and for the repeal of spent instruments and provisions,
9
and for other purposes.
10
2 Part 1 (heading)
11
Repeal the heading, substitute:
12
Chapter 1--Introduction
13
Part 1--Preliminary
14
15
3 Section 1
16
Omit "Legislative Instruments Act 2003", substitute "Legislation Act
17
2003".
18
Note 1: This item amends the short title of the Act. If another amendment of the Act is
19
described by reference to the Act's previous short title, that other amendment has effect
20
after the commencement of this item as an amendment of the Act under its amended
21
short title (see section 10 of the Acts Interpretation Act 1901).
22
Note 2: See also Part 6 of this Schedule.
23
4 Section 2A
24
Repeal the section.
25
5 Section 3
26
Omit "Commonwealth legislative instruments by", substitute "Acts and
27
instruments by".
28
Schedule 1 Acts, legislative instruments and notifiable instruments
Part 1 Definitions and key concepts
4
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
6 Paragraph 3(a)
1
Repeal the paragraph, substitute:
2
(a) establishing the Federal Register of Legislation as a
3
permanent repository of versions (including authorised
4
versions) of Acts, legislative instruments, notifiable
5
instruments and compilations, together with associated
6
documents and information; and
7
(aa) enabling the First Parliamentary Counsel to make editorial
8
changes and some other changes in preparing compilations of
9
Acts, legislative instruments and notifiable instruments, if
10
those changes do not change the effect of the Acts or
11
instruments; and
12
7 Paragraph 3(c)
13
After "legislative instruments", insert "and notifiable instruments".
14
8 Paragraph 3(d)
15
Omit "legislative instruments", substitute "Acts and instruments".
16
9 Paragraph 3(ea)
17
Repeal the paragraph, substitute:
18
(ea) automatically repealing spent legislative instruments and
19
notifiable instruments (or provisions of those instruments)
20
that merely provide for the amendment, repeal or
21
commencement of Acts or other instruments; and
22
10 At the end of section 3
23
Add:
24
; and (g) enabling regulations to be made under this Act amending or
25
repealing legislative instruments and notifiable instruments in
26
some circumstances.
27
11 After section 3
28
Insert:
29
Acts, legislative instruments and notifiable instruments Schedule 1
Definitions and key concepts Part 1
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
5
3A Simplified outline of this Act
1
This Act provides for public access to Commonwealth Acts,
2
legislative instruments and notifiable instruments. The Act also
3
regulates other matters relating to legislative instruments and
4
notifiable instruments.
5
Acts, legislative instruments and notifiable instruments,
6
compilations and associated documents and information are
7
registered on the Federal Register of Legislation. The public has
8
online access (through an approved website) to authorised versions
9
of registered Acts, instruments and compilations, and to associated
10
documents and information.
11
The First Parliamentary Counsel maintains the Register and the
12
approved website. The First Parliamentary Counsel is given the
13
power to make editorial changes and some other changes to
14
registered Acts and instruments in preparing compilations, if those
15
changes do not change the effect of the Acts or instruments.
16
For legislative instruments and notifiable instruments, the Act
17
deals with commencement, interpretation, incorporation of external
18
material by reference and drafting standards.
19
Rule-makers for legislative instruments must undertake appropriate
20
and reasonably practicable consultation before the instruments are
21
made. Generally, legislative instruments must be tabled in both
22
Houses of Parliament and are generally subject to disallowance by
23
either House.
24
Legislative instruments and notifiable instruments (or provisions of
25
those instruments) are automatically repealed after their
26
commencement if they merely provide for the amendment, repeal
27
or commencement of Acts or other instruments. Legislative
28
instruments are generally repealed automatically (sunsetted) no
29
more than 10 years after being registered.
30
12 Sections 4 to 12
31
Repeal the sections, substitute:
32
Schedule 1 Acts, legislative instruments and notifiable instruments
Part 1 Definitions and key concepts
6
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
4 The Dictionary
1
In this Act:
2
amend: see subsection 5(1).
3
approved website: see section 15C.
4
authorised version, of a registered law or explanatory statement:
5
see section 15ZA.
6
commencement instrument, in relation to an Act, legislative
7
instrument or notifiable instrument, means an instrument providing
8
solely for the commencement of:
9
(a) the Act or instrument; or
10
(b) a provision of the Act or instrument.
11
Example: A Proclamation providing solely for the commencement of an Act.
12
compilation, of an Act, legislative instrument or notifiable
13
instrument, is a document showing the text of the Act or
14
instrument:
15
(a) as amended (if at all) and in force on a day (the compilation
16
date) stated in the document; or
17
(b) as the Act or instrument would be amended and in force on a
18
day (the compilation date) stated in the document, by
19
amendments that have not commenced, if the document
20
indicates that the amendments have not commenced; or
21
(c) as the Act or instrument is, or would be, modified by an Act
22
or an instrument, and in force on a day (the compilation date)
23
stated in the document.
24
Note:
See Part 2 of Chapter 2 for the registration of compilations.
25
compilation date: see the definition of compilation in this section.
26
disallowable legislative instrument means a legislative instrument
27
to which section 42 applies.
28
Note:
Section 42 provides for the parliamentary disallowance of legislative
29
instruments. Section 42 does not apply to some legislative instruments
30
(see section 44).
31
discretionary compilation event, for an Act, legislative instrument
32
or notifiable instrument: see section 15Q.
33
Acts, legislative instruments and notifiable instruments Schedule 1
Definitions and key concepts Part 1
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
7
editorial change, in relation to an Act, legislative instrument or
1
notifiable instrument: see section 15X.
2
enabling legislation, in relation to a legislative instrument or
3
notifiable instrument, means the primary law that authorises the
4
making of the instrument.
5
explanatory statement for a legislative instrument: see section 15J.
6
Federal Register of Legislation means the register established and
7
maintained under section 15A.
8
First Parliamentary Counsel means the person appointed to the
9
position of First Parliamentary Counsel under subsection 4(1) of
10
the Parliamentary Counsel Act 1970.
11
initial explanatory statement: see section 15J.
12
instrument means any writing or other document, and includes an
13
instrument in electronic form.
14
legislative instrument: see section 8.
15
Note:
This term has the same meaning when used in other Acts and
16
instruments: see the definition of legislative instrument in section 2B
17
of the Acts Interpretation Act 1901.
18
making, in relation to an instrument, means the signing, sealing or
19
other endorsement of the instrument by the person or body
20
empowered to make it.
21
modify: see subsection 5(2).
22
notifiable instrument: see section 11.
23
Note:
This term has the same meaning when used in other Acts and
24
instruments: see the definition in section 2B of the Acts Interpretation
25
Act 1901.
26
Office of Parliamentary Counsel means the office established by
27
subsection 2(1) of the Parliamentary Counsel Act 1970.
28
power delegated by the Parliament: an instrument made under a
29
power delegated by the Parliament includes:
30
(a) an instrument made under a power delegated by the
31
Parliament to a person or body and then, under the authority
32
Schedule 1 Acts, legislative instruments and notifiable instruments
Part 1 Definitions and key concepts
8
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
of the Parliament, further delegated by that person or body to
1
another person or body; and
2
(b) an instrument that may be made under a power delegated by
3
the Parliament as well as under a power given otherwise by
4
law.
5
Example: An instrument made under an Act as well as a prerogative power.
6
primary law means an Act or an instrument made under an Act, or
7
a provision of an Act or an instrument made under an Act.
8
register means register on the Federal Register of Legislation.
9
registered law or explanatory statement: see section 15Z.
10
repeal, in relation to an instrument or a provision of an instrument,
11
includes revoke or rescind the instrument or provision.
12
Note:
Section 5 defines amend, for a provision of an instrument, to include
13
the repeal of a provision of the instrument.
14
replacement explanatory statement: see section 15J.
15
required compilation event, for an Act, legislative instrument or
16
notifiable instrument: see section 15Q.
17
responsible person: see section 6.
18
rule-maker: see section 6.
19
rules means rules made by the First Parliamentary Counsel under
20
section 61A.
21
Note:
These rules are legislative instruments. Regulations may also be made
22
for the purposes of this Act (see section 62).
23
supplementary explanatory statement: see section 15J.
24
text includes any writing.
25
Note:
See the definition of writing in section 2B of the Acts Interpretation
26
Act 1901.
27
5 Definitions of amend and modify
28
(1) In this Act, amend includes:
29
Acts, legislative instruments and notifiable instruments Schedule 1
Definitions and key concepts Part 1
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
9
(a) for an Act or instrument--repeal, omit, insert, substitute,
1
renumber or relocate a provision of the Act or instrument;
2
and
3
(b) for a provision of an Act or instrument--any of the
4
following:
5
(i) repeal or omit the provision (or a part of it);
6
(ii) substitute another provision for the provision (or a part
7
of it);
8
(iii) insert another provision into the provision (or a part of
9
it);
10
(iv) renumber the provision (or a part of it);
11
(v) relocate the provision (or a part of it); and
12
(c) for an Act or instrument, or a provision of an Act or
13
instrument--amend by implication; and
14
(d) for an Act or instrument, or a provision of an Act or
15
instrument--change its text in any other way.
16
Note 1:
Repeal, in relation to a provision of an instrument, includes revoke or
17
rescind the provision (see the definition of repeal in section 4).
18
Note 2:
For the purposes of Part 2 of Chapter 2 (registration of compilations),
19
an Act or instrument is amended by an Act or instrument, or a
20
provision of an Act or instrument, when the amending Act or
21
provision commences (see subsection 15Q(3)).
22
(2) In this Act, modify an Act or instrument means modify the
23
operation of the Act or instrument without amending its text.
24
6 Definitions of rule-maker and responsible person
25
Rule-makers
26
(1) In this Act, rule-maker, for an instrument, means:
27
(a) for an instrument made by the Governor-General that is made
28
under enabling legislation (whether or not it may also be
29
made under any other power)--the Minister currently
30
responsible for administering the provision of the enabling
31
legislation under which the instrument is made; or
32
(b) for an instrument made by the Governor-General, in any
33
other case--the Prime Minister, or a Minister prescribed by
34
regulation for the purposes of this paragraph; or
35
Schedule 1 Acts, legislative instruments and notifiable instruments
Part 1 Definitions and key concepts
10
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
(c) for an instrument made by a person other than the
1
Governor-General--a person currently authorised to make
2
the instrument.
3
Responsible persons
4
(2) In this Act, responsible person means:
5
(a) for an Act or a provision of an Act--the Minister currently
6
responsible for administering the Act or provision; or
7
(b) for an instrument--the rule-maker for the instrument.
8
(3) If more than one Minister is currently responsible for administering
9
an Act, or a provision of an Act:
10
(a) each of those Ministers is a responsible person for the Act or
11
provision (as the case may be); and
12
(b) the performance of a function or duty under this Act (in
13
relation to the Act or provision administered) by any of the
14
Ministers discharges the function or duty.
15
Part 2--Key concepts for legislative instruments
16
and notifiable instruments
17
18
7 Simplified outline of this Part
19
What are legislative instruments?
20
Generally, the following are legislative instruments:
21
•
an instrument described or declared by a law (including this
22
Act) to be a legislative instrument;
23
•
an instrument registered on the Federal Register of Legislation
24
as a legislative instrument;
25
•
an instrument made under a power delegated by the
26
Parliament that determines the law or alters its content.
27
However, an instrument is not a legislative instrument if an Act (or
28
a regulation under this Act) so provides.
29
Acts, legislative instruments and notifiable instruments Schedule 1
Definitions and key concepts Part 1
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
11
What are notifiable instruments?
1
Generally, the following are notifiable instruments:
2
•
an instrument described or declared by a law (including this
3
Act or a regulation under this Act) to be a notifiable
4
instrument;
5
•
a commencement instrument;
6
•
an instrument (other than a legislative instrument) that is
7
registered on the Federal Register of Legislation as a
8
notifiable instrument.
9
Generally, unlike legislative instruments, notifiable instruments are
10
not subject to parliamentary scrutiny, nor are they subject to
11
automatic repeal 10 years after registration.
12
Other key concepts
13
A legislative instrument or notifiable instrument commences on the
14
day after the instrument is registered, or on another day provided
15
by the instrument. Generally, the instrument does not apply
16
retrospectively if that would adversely affect rights or impose
17
liabilities.
18
Generally, the same rules apply to the interpretation of legislative
19
instruments and notifiable instruments as apply to the interpretation
20
of Acts. Some special rules also apply to the construction of
21
instruments.
22
There are restrictions on the extent to which legislative instruments
23
or notifiable instruments can incorporate matters by reference to
24
external documents.
25
8 Definition of legislative instrument
26
(1) A legislative instrument is an instrument to which subsection (2),
27
(3), (4) or (5) applies.
28
Schedule 1 Acts, legislative instruments and notifiable instruments
Part 1 Definitions and key concepts
12
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
Note:
Instruments that can be legislative instruments may be described by
1
their enabling legislation in different ways, for example as regulations,
2
rules, ordinances or determinations.
3
Primary law provides for something to be done by legislative
4
instrument
5
(2) If a primary law gives power to do something by legislative
6
instrument, then:
7
(a) if the thing is done, it must be done by instrument; and
8
(b) that instrument is a legislative instrument.
9
Example 1: A primary law provides that "The Minister may, by legislative
10
instrument, determine licence conditions for the purposes of this
11
section.".
12
Example 2: A primary law provides as follows:
13
"(1) The Chief Executive may, by instrument, determine licence
14
conditions.
15
(2) The Chief Executive may, by instrument, exempt a person from
16
the requirement under this Act to hold a licence.
17
(3) An instrument made by the Chief Executive under subsection (1)
18
or (2) is a legislative instrument.".
19
Instruments registered on the Federal Register of Legislation
20
(3) An instrument made under a power delegated by the Parliament is
21
a legislative instrument if it is registered as a legislative
22
instrument.
23
Note:
An instrument made under a power delegated by the Parliament may
24
be a legislative instrument because it is registered as a legislative
25
instrument, whether or not it is a legislative instrument because of
26
another provision of this section.
27
Instruments that determine or alter the law etc.
28
(4) An instrument is a legislative instrument if:
29
(a) the instrument is made under a power delegated by the
30
Parliament; and
31
(b) any provision of the instrument:
32
(i) determines the law or alters the content of the law,
33
rather than determining particular cases or particular
34
circumstances in which the law, as set out in an Act or
35
another legislative instrument or provision, is to apply,
36
or is not to apply; and
37
Acts, legislative instruments and notifiable instruments Schedule 1
Definitions and key concepts Part 1
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
13
(ii) has the direct or indirect effect of affecting a privilege
1
or interest, imposing an obligation, creating a right, or
2
varying or removing an obligation or right.
3
Instruments declared to be legislative instruments
4
(5) An instrument is a legislative instrument if it is declared by
5
section 10 or 57A to be a legislative instrument.
6
Note:
Section 10 declares regulations and some other instruments to be
7
legislative instruments. Section 57A declares some instruments to be
8
legislative instruments that were made under a power delegated by the
9
Parliament before 1 January 2005, when the substantive provisions of
10
this Act commenced.
11
Instruments that are not legislative instruments
12
(6) Despite subsections (4) and (5), an instrument is not a legislative
13
instrument if it is:
14
(a) declared by an Act not to be a legislative instrument; or
15
(b) prescribed by regulation for the purposes of this paragraph.
16
(7) However, subsection (6) does not apply to an instrument that is a
17
legislative instrument under subsection (3) by registration.
18
(8) Despite anything else in this section, the following are not
19
legislative instruments, and cannot become legislative instruments
20
under subsection (3) (by being registered as legislative
21
instruments):
22
(a) an instrument that is a notifiable instrument because of
23
subsection 11(1) (primary law gives power to do something
24
by notifiable instrument);
25
(b) a commencement instrument;
26
(c) a compilation of a legislative instrument or notifiable
27
instrument;
28
(d) rules of court, or a compilation of rules of court, for the High
29
Court, the Federal Court of Australia, the Family Court of
30
Australia or the Federal Circuit Court of Australia;
31
(e) an explanatory statement for a legislative instrument, or rules
32
of court mentioned in paragraph (d).
33
Note:
Rules of court are, however, registered under this Act, and are
34
otherwise treated as if they were legislative instruments by their
35
enabling legislation.
36
Schedule 1 Acts, legislative instruments and notifiable instruments
Part 1 Definitions and key concepts
14
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
9 Inference of legislative character
1
No implication of legislative character (or otherwise)
2
(1) The fact that an instrument is a legislative instrument because of
3
subsection 8(2), (3) or (5) does not imply that the instrument is, or
4
must be, of legislative character (within the ordinary meaning of
5
that term).
6
(2) The fact that an instrument is not a legislative instrument because
7
of subsection 8(6) does not imply that the instrument is not, or
8
must not be, of legislative character (within the ordinary meaning
9
of that term).
10
No inference for other instruments
11
(3) In determining whether an instrument made under a provision of a
12
primary law is a legislative instrument under subsection 8(4), no
13
inference may be drawn from the fact that an instrument made
14
under another provision of that primary law, or any other primary
15
law, is a legislative instrument, or is not a legislative instrument.
16
Example: In determining whether a Ministerial direction under a provision of a
17
primary law is a legislative instrument, no inference may be drawn
18
from the fact that a Ministerial direction under another provision of
19
the primary law is described as a legislative instrument.
20
10 Instruments declared to be legislative instruments
21
(1) For the purposes of subsection 8(5), each of the following is a
22
legislative instrument:
23
(a) a regulation or Proclamation (other than a Proclamation that
24
is a commencement instrument) made under a power
25
delegated by the Parliament;
26
(b) a Territory Ordinance covered by subsection (2), or a
27
regulation, rule or by-law under such an Ordinance;
28
(c) an instrument prescribed by regulation for the purposes of
29
this paragraph;
30
(d) an instrument that includes a provision that amends or repeals
31
another legislative instrument.
32
Note:
Commencement instruments, which may be Proclamations, are
33
notifiable instruments: see section 11.
34
Acts, legislative instruments and notifiable instruments Schedule 1
Definitions and key concepts Part 1
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
15
(2) The following Territory Ordinances are covered by this subsection:
1
(a) an Ordinance made under a power delegated by the
2
Parliament in an Act providing for the government of a
3
non-self-governing Territory;
4
(b) an Ordinance made under subsection 12(1) of the Seat of
5
Government (Administration) Act 1910 that has not become
6
an enactment (as defined in the Australian Capital Territory
7
(Self-Government) Act 1988);
8
(c) an Ordinance made under section 27 of the Norfolk Island
9
Act 1979.
10
11 Definition of notifiable instrument
11
What is a notifiable instrument?
12
(1) If a primary law gives power to do something by notifiable
13
instrument, then:
14
(a) if the thing is done, it must be done by instrument; and
15
(b) that instrument is a notifiable instrument.
16
Example 1: A primary law provides that "The Minister may, by notifiable
17
instrument, approve a form for the purposes of this section.".
18
Example 2: A primary law provides as follows:
19
"(1) The Chief Executive may, by instrument, appoint an inspector for
20
the purposes of section [X].
21
(2) The Chief Executive may, by instrument, approve a form for the
22
purposes of section [Y].
23
(3) An instrument made by the Chief Executive under subsection (1)
24
or (2) is a notifiable instrument.".
25
(2) Each of the following is a notifiable instrument:
26
(a) a commencement instrument for an Act, legislative
27
instrument or notifiable instrument, or for a provision of an
28
Act or such an instrument;
29
(b) an instrument, other than a legislative instrument, prescribed
30
by regulation for the purposes of this paragraph;
31
(c) an instrument, other than a legislative instrument, that is
32
registered as a notifiable instrument, if the instrument is
33
made under a power delegated by the Parliament or another
34
power given by law;
35
Schedule 1 Acts, legislative instruments and notifiable instruments
Part 1 Definitions and key concepts
16
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
(d) an instrument, other than a legislative instrument, that
1
includes a provision that amends or repeals another notifiable
2
instrument.
3
Note:
The effect of paragraph (c) is that an instrument (other than a
4
legislative instrument) may be a notifiable instrument because it is
5
registered as a notifiable instrument, even if it would not otherwise be
6
a notifiable instrument because of this section. For a corresponding
7
provision relating to legislative instruments, see subsection 8(3).
8
Modification of the operation of this Act
9
(3) The enabling legislation for a notifiable instrument, or a regulation
10
under this Act in relation to a notifiable instrument, may modify
11
the operation of this Act in relation to the instrument.
12
Example: Such a regulation may provide that a provision of this Act about
13
explanatory statements that is expressed to apply in relation to
14
legislative instruments is also to apply to a particular class of
15
notifiable instruments.
16
Registration to satisfy other publication or notification
17
requirements
18
(4) If an Act or an instrument requires an instrument (other than a
19
legislative instrument), or the particulars of the instrument's
20
making, to be published or notified in the Gazette or in any other
21
way, then, unless the contrary intention appears, the requirement is
22
taken to be satisfied if the instrument is registered as a notifiable
23
instrument.
24
12 Commencement of legislative instruments and notifiable
25
instruments
26
When do legislative instruments and notifiable instruments
27
commence?
28
(1) A legislative instrument or a notifiable instrument commences:
29
(a) at the start of the day after the day the instrument is
30
registered; or
31
(b) so far as the instrument provides otherwise--in accordance
32
with such provision.
33
Note:
The instrument may provide for its commencement by enabling a
34
commencement instrument to be made: see subsection (5).
35
Acts, legislative instruments and notifiable instruments Schedule 1
Definitions and key concepts Part 1
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
17
Retrospective application
1
(2) A provision of a legislative instrument or notifiable instrument
2
does not apply in relation to a person (other than the
3
Commonwealth or an authority of the Commonwealth) if the
4
provision commences before the day the instrument is registered,
5
to the extent that as a result:
6
(a) the person's rights as at that day would be affected so as to
7
disadvantage the person; or
8
(b) liabilities would be imposed on the person in respect of
9
anything done or omitted to be done before that day.
10
(3) However, subject to subsection (2), a legislative instrument or
11
notifiable instrument may provide that a provision of the
12
instrument commences before the day the instrument is registered.
13
(4) The effect of subsection (2) or (3) in relation to an instrument is
14
subject to any contrary provision in an Act.
15
Commencement instruments
16
(5) Without limiting paragraph (1)(b), for the purposes of that
17
paragraph, a legislative instrument or notifiable instrument may
18
authorise the making of a commencement instrument in relation to
19
the legislative instrument or notifiable instrument.
20
13 Subsection 13(1)
21
Omit "rule-maker the power to make a legislative instrument",
22
substitute "person the power to make a legislative instrument or
23
notifiable instrument".
24
14 Paragraphs 13(1)(a), (b) and (c)
25
Omit "legislative" (wherever occurring).
26
15 Paragraph 13(1)(c)
27
Omit "rule-maker", substitute "person to make the instrument".
28
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Part 1 Definitions and key concepts
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Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
16 Subsection 13(2)
1
Omit "any legislative instrument would, but for this subsection, be
2
construed as being in excess of the rule-maker's power", substitute "the
3
making of a legislative instrument or notifiable instrument would, apart
4
from this subsection, be construed as being in excess of the power to
5
make the instrument".
6
17 Subsection 13(3)
7
Omit "rule-maker the power to make a legislative instrument",
8
substitute "person the power to make a legislative instrument or
9
notifiable instrument".
10
18 Subsection 13(3)
11
Omit "rule-maker may identify", substitute "person may identify".
12
19 After subsection 13(4) (before the note)
13
Insert:
14
(5) The amendment of a legislative instrument or notifiable instrument
15
by an Act does not prevent the instrument, as so amended, from
16
being amended or repealed by a person who is currently authorised
17
under the enabling legislation for the instrument to make
18
instruments of the same kind.
19
20 Section 13 (note)
20
Omit "that are not legislative instruments", substitute "other than
21
legislative instruments or notifiable instruments".
22
21 Subsection 14(1)
23
Omit "in a legislative instrument, the legislative instrument", substitute
24
"by a legislative instrument or notifiable instrument, the instrument".
25
22 Paragraph 14(1)(a)
26
Repeal the paragraph, substitute:
27
(a) by applying, adopting or incorporating, with or without
28
modification, any of the following, as in force at a particular
29
time or as in force from time to time:
30
(i) the provisions of an Act;
31
Acts, legislative instruments and notifiable instruments Schedule 1
Definitions and key concepts Part 1
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
19
(ii) the provisions of a legislative instrument covered by
1
subsection (3); or
2
23 Paragraph 14(1)(b)
3
Omit "first-mentioned legislative instrument takes effect", substitute
4
"first-mentioned instrument commences".
5
24 Subsection 14(2)
6
After "legislative instrument", insert "or notifiable instrument".
7
25 After subsection 14(2) (before the note)
8
Insert:
9
(3) The following legislative instruments are covered by this
10
subsection:
11
(a) disallowable legislative instruments;
12
(b) legislative instruments that were disallowable under the Acts
13
Interpretation Act 1901 or any other Act at any time before
14
1 January 2005.
15
Note:
The substantive provisions of this Act commenced on 1 January 2005.
16
Exception--forms
17
(4) Despite subsections (1) to (3), a legislative instrument or notifiable
18
instrument (the enabling instrument) may authorise or require a
19
form (however described) to be used for the purposes of an Act,
20
that instrument or another instrument if the enabling instrument
21
provides that:
22
(a) the form is a notifiable instrument; or
23
(b) the form is required to be publicly available in another
24
specified way.
25
Schedule 1 Acts, legislative instruments and notifiable instruments
Part 2 Registration of Acts and instruments
20
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
Part 2
--Registration of Acts and instruments
1
Legislative Instruments Act 2003
2
26 After Part 1
3
Insert:
4
Chapter 2--Registration of Acts, legislative
5
instruments and notifiable
6
instruments
7
Part 1--The Federal Register of Legislation
8
Division 1--Simplified outline of this Part
9
15 Simplified outline of this Part
10
The Federal Register of Legislation contains the following:
11
•
Acts, legislative instruments and notifiable instruments as
12
made, and explanatory statements for legislative instruments;
13
•
compilations of Acts, legislative instruments and notifiable
14
instruments;
15
•
other relevant documents and information.
16
Rule-makers for legislative instruments and notifiable instruments
17
are responsible for lodging the instruments for registration
18
(together with explanatory statements for legislative instruments).
19
Legislative instruments are not enforceable unless registered.
20
Responsible persons for Acts, and rule-makers for legislative
21
instruments or notifiable instruments, must notify the First
22
Parliamentary Counsel of some events affecting the status of the
23
Acts or instruments.
24
Acts, legislative instruments and notifiable instruments Schedule 1
Registration of Acts and instruments Part 2
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
21
Division 2--Federal Register of Legislation
1
15A Federal Register of Legislation--establishment and
2
maintenance
3
(1) The First Parliamentary Counsel must establish and maintain a
4
register of Acts, legislative instruments and notifiable instruments,
5
to be known as the Federal Register of Legislation.
6
Note 1:
The contents of the Federal Register of Legislation may be accessed
7
on the approved website (see section 15C).
8
Note 2:
The Federal Register of Legislation in its initial form consists of the
9
following:
10
(a) the contents of the Federal Register of Legislative Instruments
11
established under this Act, when this Act was known as the
12
Legislative Instruments Act 2003;
13
(b) the contents of the Acts database under the Acts Publication Act
14
1905 (which was repealed when this section commenced);
15
(c) other legislative material published on the whole-of-government
16
legislation website known as ComLaw.
17
(2) The Register must contain the following:
18
(a) Acts as made that are registered under this Part;
19
(b) legislative instruments and notifiable instruments as made
20
that are registered under this Part;
21
(c) compilations, registered under this Part, of Acts, legislative
22
instruments and notifiable instruments;
23
(d) explanatory statements, registered under this Part, for
24
legislative instruments;
25
(e) other documents registered under this Part.
26
(3) The Register may contain additional documents if the First
27
Parliamentary Counsel considers that the documents are likely to
28
be useful to users of the Register, including the following (without
29
limitation):
30
(a) Acts as made (other than Acts registered under this Part);
31
(b) instruments as made (other than legislative instruments or
32
notifiable instruments registered under this Part;
33
(c) Gazette notices;
34
(d) compilations of Acts or instruments (other than compilations
35
registered under this Part);
36
Schedule 1 Acts, legislative instruments and notifiable instruments
Part 2 Registration of Acts and instruments
22
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
(e) documents that may be considered under section 15AB of the
1
Acts Interpretation Act 1901 (and that section as applied by
2
section 13 of this Act) in working out the meaning of an Act,
3
legislative instrument or notifiable instrument, for example,
4
an explanatory memorandum for an Act.
5
(4) The First Parliamentary Counsel may include in the Register any
6
information that he or she considers likely to be useful to users of
7
the Register.
8
(5) Without limiting subsection (1), the First Parliamentary Counsel
9
may, subject to this Act and the rules, do anything he or she
10
considers necessary or desirable to ensure that the Register is
11
accurate and up-to-date, and contains material likely to be useful to
12
users of the Register.
13
15B Federal Register of Legislation--complete record of registered
14
laws
15
The Federal Register of Legislation is, for all purposes, taken to be
16
a complete and accurate record of all registered Acts, legislative
17
instruments and notifiable instruments.
18
Note:
For authorised versions of Acts, legislative instruments, notifiable
19
instruments and compilations, and judicial notice of authorised
20
versions, see Part 3 of this Chapter.
21
15C Federal Register of Legislation--access to registered material
22
on approved website
23
The First Parliamentary Counsel must ensure that registered Acts,
24
legislative instruments, notifiable instruments and compilations,
25
and other registered documents, are available to the public on a
26
website (an approved website) prescribed by the rules.
27
15D Federal Register of Legislation--correction of errors
28
Registered Acts, instruments and compilations
29
(1) If the First Parliamentary Counsel is satisfied that there is a
30
mistake, omission or other error in the Federal Register of
31
Legislation consisting of an error in the text of an Act, a legislative
32
instrument or notifiable instrument, or of a compilation of an Act
33
Acts, legislative instruments and notifiable instruments Schedule 1
Registration of Acts and instruments Part 2
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
23
or such an instrument, as registered, the First Parliamentary
1
Counsel must:
2
(a) correct the error in the Register as soon as possible; and
3
(b) include in the Register a statement that the correction has
4
been made, and a brief outline of the correction in general
5
terms.
6
(2) The correction of the Register under subsection (1):
7
(a) does not affect any right or privilege that was acquired, or
8
that accrued, because of reliance on the registered text of the
9
Act, instrument or compilation before the correction was
10
made; and
11
(b) does not impose or increase any obligation or liability that
12
was incurred before the correction was made.
13
Other errors in the Register
14
(3) The First Parliamentary Counsel may correct any other mistake,
15
omission or other error in the Register, subject to any requirements
16
of the rules.
17
Section does not apply to errors in text of Acts or instruments as
18
enacted or made, or as amended
19
(4) This section does not apply to the correction of an error:
20
(a) for a registered Act or instrument--in the text of the Act or
21
instrument as originally enacted or made; or
22
(b) for a registered compilation of an Act, legislative instrument
23
or notifiable instrument--in the text of the Act or instrument
24
as amended (if at all) and in force.
25
15E Federal Register of Legislation--keeping the Register
26
The rules may provide for, or in relation to, the following:
27
(a) keeping the Federal Register of Legislation;
28
(b) giving unique identifiers to registered Acts, legislative
29
instruments, notifiable instruments and compilations, and
30
other registered documents;
31
(c) numbering for series of legislative instruments, notifiable
32
instruments and other documents in the Register;
33
Schedule 1 Acts, legislative instruments and notifiable instruments
Part 2 Registration of Acts and instruments
24
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
(d) including additional documents in the Register and removing
1
them from the Register;
2
(e) including information in the Register, changing it and
3
removing it from the Register.
4
Division 3--Registration on Federal Register of Legislation
5
15F Registration of Acts
6
The First Parliamentary Counsel must register an Act as soon as
7
practicable after the Act is assented to.
8
15G Lodgement of legislative instruments and notifiable
9
instruments, and other material
10
Legislative instruments and notifiable instruments
11
(1) The rule-maker for a legislative instrument must lodge the
12
instrument for registration as a legislative instrument as soon as
13
practicable after the instrument is made.
14
(2) The rule-maker for a notifiable instrument must lodge the
15
instrument for registration as a notifiable instrument as soon as
16
practicable after the instrument is made.
17
(3) The rule-maker for an instrument made under a power delegated by
18
the Parliament, other than a legislative instrument or notifiable
19
instrument, may lodge the instrument for registration as a
20
legislative instrument or notifiable instrument.
21
Note:
For instruments that become legislative instruments by registration,
22
see subsection 8(3). For instruments that become notifiable
23
instruments by registration, see paragraph 11(2)(c).
24
Explanatory statements for legislative instruments
25
(4) The rule-maker for an instrument that is lodged for registration as a
26
legislative instrument must:
27
(a) lodge an initial explanatory statement for the instrument for
28
registration as soon as practicable after the instrument is
29
lodged for registration; and
30
Acts, legislative instruments and notifiable instruments Schedule 1
Registration of Acts and instruments Part 2
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
25
(b) lodge any supplementary explanatory statement or
1
replacement explanatory statement for the instrument for
2
registration as soon as practicable after it is prepared.
3
Note:
For explanatory statements and supplementary and replacement
4
explanatory statements, see section 15J.
5
Other documents
6
(5) The rule-maker for an instrument that is, or that is to be, registered
7
as a legislative instrument or notifiable instrument may lodge a
8
document that relates to the instrument for registration.
9
15H Registration of legislative instruments and notifiable
10
instruments, and other documents
11
(1) If an instrument is lodged for registration as a legislative
12
instrument or notifiable instrument in accordance with section 15G
13
and the rules, the First Parliamentary Counsel must register the
14
instrument or document:
15
(a) if the instrument is lodged for registration as a legislative
16
instrument--as a legislative instrument; or
17
(b) if the instrument is lodged for registration as a notifiable
18
instrument--as a notifiable instrument.
19
(2) If an instrument or document is lodged for registration otherwise
20
than as a legislative instrument or notifiable instrument, in
21
accordance with section 15G and the rules, the First Parliamentary
22
Counsel must register the instrument or document accordingly.
23
(3) However, the First Parliamentary Counsel must not register an
24
instrument or document if:
25
(a) for a document lodged for registration otherwise than as a
26
legislative instrument or notifiable instrument--the First
27
Parliamentary Counsel considers that:
28
(i) the document is not likely to be useful to users of the
29
Register; or
30
(ii) it would otherwise be inappropriate to register the
31
document; or
32
(b) before the instrument or document is registered, the person
33
lodging the instrument or document (or another person acting
34
on behalf of the responsible person for the instrument, or for
35
Schedule 1 Acts, legislative instruments and notifiable instruments
Part 2 Registration of Acts and instruments
26
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
the instrument to which the document relates) withdraws the
1
lodgement.
2
(4) If the First Parliamentary Counsel does not register an instrument
3
or document because of paragraph (3)(a), he or she must give
4
written notice to the person lodging the instrument or document.
5
15J Explanatory statements
6
Definition of explanatory statement
7
(1) An explanatory statement for a legislative instrument is one of the
8
following statements prepared for laying before each House of
9
Parliament:
10
(a) a statement (an initial explanatory statement) for the
11
instrument that complies with subsection (2);
12
(b) a statement (a replacement explanatory statement) for the
13
instrument that:
14
(i) replaces an explanatory statement for the instrument that
15
has already been registered; and
16
(ii) complies with subsection (2);
17
(c) a statement (a supplementary explanatory statement) for the
18
instrument that:
19
(i) amends an initial explanatory statement or a
20
replacement explanatory statement; and
21
(ii) complies with subsection (3).
22
Requirements for initial and replacement explanatory statements
23
(2) An initial explanatory statement, or a replacement explanatory
24
statement, for a legislative instrument must:
25
(a) be approved by the rule-maker; and
26
(b) explain the purpose and operation of the instrument; and
27
(c) if any documents are incorporated in the instrument by
28
reference--contain a description of the incorporated
29
documents and indicate how they may be obtained; and
30
(d) if consultation was undertaken under section 17 before the
31
instrument was made--contain a description of the nature of
32
that consultation; and
33
Acts, legislative instruments and notifiable instruments Schedule 1
Registration of Acts and instruments Part 2
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
27
(e) if no such consultation was undertaken--explain why no
1
such consultation was undertaken; and
2
(f) if the instrument is a disallowable legislative instrument--
3
contain a statement of compatibility prepared under
4
subsection 9(1) of the Human Rights (Parliamentary
5
Scrutiny) Act 2011; and
6
(g) contain such other information as is prescribed by regulation.
7
Requirements for supplementary explanatory statements
8
(3) A supplementary explanatory statement for a legislative instrument
9
must:
10
(a) be approved by the rule-maker; and
11
(b) contain such other information as is prescribed by regulation.
12
Single explanatory statements--one or more legislative instruments
13
(4) A single explanatory statement may relate to one or more
14
legislative instruments.
15
15K Registration--enforceability of legislative instruments
16
(1) A legislative instrument is not enforceable by or against any person
17
(including the Commonwealth) unless the instrument is registered
18
as a legislative instrument.
19
(2) A failure by the rule-maker to lodge an explanatory statement in
20
relation to a legislative instrument for registration as required by
21
subsection 15G(4) does not affect the validity or enforceability of
22
the instrument.
23
15L Events affecting the currency or accuracy of the Register
24
(1) The responsible person for a registered Act, legislative instrument
25
or notifiable instrument must give notice to the First Parliamentary
26
Counsel of the occurrence of any of the following events in
27
relation to the Act or instrument:
28
(a) an event resulting in, or otherwise affecting, the
29
commencement of the Act or instrument (or a provision of
30
the Act or instrument);
31
(b) a discretionary compilation event for the Act or instrument;
32
Schedule 1 Acts, legislative instruments and notifiable instruments
Part 2 Registration of Acts and instruments
28
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
(c) an event resulting in the Act or instrument (or a provision of
1
the Act or instrument) being repealed, lapsing, expiring or
2
otherwise ceasing to be in force;
3
(d) an event resulting in the Act or instrument, or a provision of
4
the Act or instrument, being (or being declared by a court or
5
tribunal to be) invalid or unenforceable;
6
(e) the responsible person's becoming aware of:
7
(i) an error in the Register to which subsection 15D(1)
8
(correction of registration errors) may apply; or
9
(ii) any other error in the Register;
10
(f) another event prescribed by the rules.
11
Example: If a registered legislative instrument is expressed to commence when a
12
particular treaty comes into force for Australia, paragraph (1)(a)
13
would require the responsible person for the instrument to notify the
14
First Parliamentary Counsel when the treaty comes into force.
15
(2) However, subsection (1) does not require the responsible person to
16
give notice to the First Parliamentary Counsel of any of the
17
following events in relation to a registered Act or instrument:
18
(a) the occurrence of a day or time specified in the Act or
19
instrument, or the making of a commencement instrument,
20
resulting in, or otherwise affecting, the commencement of the
21
Act or instrument (or a provision of the Act or instrument);
22
(b) a required compilation event for the Act or instrument;
23
(c) for a disallowable legislative instrument--the disallowance
24
of:
25
(i) the instrument (or a provision of the instrument); or
26
(ii) another legislative instrument (or a provision of another
27
legislative instrument) that amends the instrument;
28
(d) for a legislative instrument or notifiable instrument--the
29
amendment or repeal of the instrument by:
30
(i) the operation of Part 3 of Chapter 3 (repeal of spent
31
instruments or provisions); or
32
(ii) the operation of Part 4 of Chapter 3 (sunsetting of
33
legislative instruments);
34
(e) another event prescribed by the rules.
35
15M Rules for lodgement and registration
36
The rules may provide for, or in relation to, any of the following:
37
Acts, legislative instruments and notifiable instruments Schedule 1
Registration of Acts and instruments Part 2
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
29
(a) the lodgement of instruments and documents for registration,
1
including any or all of the following:
2
(i) the form in which instruments and documents must or
3
may be lodged;
4
(ii) any other matters affecting how instruments and
5
documents must or may be lodged;
6
(iii) the information that must or may be provided with
7
instruments and documents;
8
(iv) the certification of instruments and documents;
9
(v) other requirements to be satisfied for lodgement;
10
(b) the identification of instruments and documents lodged for
11
registration, including authorising the First Parliamentary
12
Counsel to do any or all of the following:
13
(i) adding a name to an unnamed instrument or document;
14
(ii) amending the name of an instrument or document;
15
(iii) adding anything to an instrument or document to assist
16
in its identification;
17
(iv) doing anything else in relation to an instrument or
18
document to assist users of the Register to identify or
19
refer to the instrument or document;
20
(c) the withdrawal of lodgement of instruments or documents;
21
(d) the registration of Acts, instruments and documents;
22
(e) the refusal of registration of instruments and documents;
23
(f) alternative arrangements for the registration of Acts,
24
instruments and documents in the event of technical
25
difficulties;
26
(g) any other matter relating to the lodgement of instruments and
27
documents;
28
(h) any other matter relating to the registration of Acts,
29
instruments and documents.
30
Schedule 1 Acts, legislative instruments and notifiable instruments
Part 2 Registration of Acts and instruments
30
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
Part 2--Compilations
1
Division 1--Simplified outline of this Part
2
15N Simplified outline of this Part
3
A compilation shows the text of an Act, legislative instrument or
4
notifiable instrument as amended (if at all) and in force on the
5
compilation date stated in the Act or instrument.
6
The First Parliamentary Counsel must generally register a
7
compilation after a registered Act or instrument is amended, and in
8
some other circumstances.
9
A rule-maker for a legislative instrument or notifiable instrument
10
must lodge a compilation for registration if the instrument is
11
amended, or in some circumstances on notice from the First
12
Parliamentary Counsel.
13
The First Parliamentary Counsel may make editorial changes and
14
some other changes in preparing a compilation of a registered Act
15
or instrument, as long as they do not change the effect of the Act or
16
instrument.
17
Division 2--Registration of compilations
18
15P Registered compilations--information requirements
19
(1) Without limiting the information that a registered compilation of
20
an Act, legislative instrument or notifiable instrument (the
21
principal law) may include, the registered compilation must
22
include the following information:
23
(a) the compilation date;
24
(b) if any editorial changes are made in preparing the
25
compilation--a statement that editorial changes have been
26
made and a brief outline of the changes in general terms;
27
(c) details (including commencement details) of any Act or
28
instrument that amends the principal law;
29
(d) the amendment history of provisions of the principal law;
30
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(e) any further information prescribed by the rules.
1
(2) However, the information mentioned in any of paragraphs (1)(c) to
2
(e) does not need to be included in the compilation if:
3
(a) the First Parliamentary Counsel is satisfied that the
4
information mentioned in that paragraph is otherwise
5
appropriately available on an approved website to users of
6
the Federal Register of Legislation; and
7
(b) the compilation indicates in general terms how users of the
8
Register may access that information on the approved
9
website.
10
15Q Definitions of required compilation event and discretionary
11
compilation event etc.
12
Definitions
13
(1) A required compilation event occurs for an Act, legislative
14
instrument or notifiable instrument when:
15
(a) the Act or instrument is expressly amended (otherwise than
16
under section 48C or 48D); or
17
(b) in the case of a disallowable legislative instrument:
18
(i) a provision of the instrument is disallowed under
19
section 42; or
20
(ii) a provision of another disallowable legislative
21
instrument has amended a provision of the instrument,
22
but the amending instrument, or the amending
23
provision, is disallowed under section 42; or
24
(c) a provision of the Act or instrument is repealed, lapses,
25
expires or otherwise ceases to be in force under another Act
26
or instrument (other than this Act), or because of the making
27
of another Act or instrument; or
28
(d) something else happens that is prescribed by the rules for the
29
purposes of this paragraph.
30
(2) A discretionary compilation event occurs for an Act, legislative
31
instrument or notifiable instrument when:
32
(a) a provision of the Act or instrument commences; or
33
(b) in the case of a legislative instrument or notifiable
34
instrument--the instrument is amended by section 48C or
35
48D; or
36
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(c) the Act or instrument is modified; or
1
(d) the Act or instrument is impliedly amended; or
2
(e) a provision of the Act or instrument is repealed, lapses,
3
expires or otherwise ceases to be in force under another
4
provision of that Act or instrument; or
5
(f) if no compilation has been registered for the Act or
6
instrument--the text of the Act or instrument as registered
7
otherwise ceases to show the text of the Act or instrument as
8
in force; or
9
(g) if a compilation has been registered for the Act or
10
instrument--the text of the latest registered compilation
11
otherwise ceases to show the text of the Act or instrument as
12
amended (if at all) and in force; or
13
(h) something else happens that is prescribed by the rules for the
14
purposes of this paragraph.
15
Note:
Sections 48C and 48D provide for the automatic repeal of amending,
16
repealing and commencement provisions of legislative instruments
17
and notifiable instruments.
18
When an Act or instrument is amended
19
(3) For the purposes of this Division, an Act or instrument is amended
20
by an Act or instrument, or a provision of an Act or instrument,
21
when the amending Act or provision commences.
22
15R Lodgement of compilations of instruments--required
23
compilation events
24
Compilation required to be prepared and lodged
25
(1) If a required compilation event occurs for a legislative instrument
26
or notifiable instrument, the rule-maker must prepare and lodge for
27
registration a compilation of the instrument for registration.
28
Compilation date
29
(2) The compilation date for the compilation must be the date of the
30
required compilation event.
31
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Time for lodgement
1
(3) The rule-maker must lodge for registration the compilation
2
required by subsection (1) within 28 days after the event occurs, or
3
a longer period allowed by the First Parliamentary Counsel.
4
Exceptions
5
(4) This section does not apply to legislative instruments or notifiable
6
instruments, or in circumstances, prescribed by rules made for the
7
purposes of this subsection.
8
Example: A circumstance prescribed by the rules may be if the First
9
Parliamentary Counsel prepares and registers a compilation of a
10
legislative instrument or notifiable instrument.
11
15S Lodgement of compilations of instruments--discretionary
12
compilation events
13
Compilation required to be prepared and lodged if notice given
14
(1) If a discretionary compilation event occurs for a legislative
15
instrument or notifiable instrument, the First Parliamentary
16
Counsel may, by written notice given to the rule-maker, require the
17
rule-maker, within a period stated in the notice, to prepare and
18
lodge for registration a compilation of the instrument for
19
registration.
20
Compilation date
21
(2) The compilation date for the compilation must be the date of the
22
discretionary compilation event.
23
Time for lodgement
24
(3) If a notice is given under subsection (1) to a rule-maker for an
25
instrument, the rule-maker must lodge for registration a
26
compilation of the instrument within the period stated in the notice,
27
or a longer period allowed by the First Parliamentary Counsel.
28
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15T Registration of compilations
1
Required compilation events for Acts
2
(1) If a required compilation event occurs for an Act, the First
3
Parliamentary Counsel must prepare and register a compilation of
4
the Act as soon as practicable afterwards.
5
Required compilation events for instruments
6
(2) If a required compilation event occurs for a legislative instrument
7
or notifiable instrument, the First Parliamentary Counsel must
8
register a compilation of the instrument:
9
(a) if a compilation is lodged for registration within 28 days after
10
the event, or within a longer period allowed by the First
11
Parliamentary Counsel--as soon as practicable after
12
lodgement; or
13
(b) if a compilation is not lodged for registration within that
14
period--as soon as practicable after the end of the period.
15
(3) However, if a required compilation event occurs for a legislative
16
instrument or notifiable instrument, and section 15R does not apply
17
because of subsection 15R(4), the First Parliamentary Counsel
18
must prepare and register a compilation of the instrument as soon
19
as practicable afterwards.
20
Discretionary compilation events for Acts and instruments
21
(4) If a discretionary compilation event occurs for an Act or a
22
legislative instrument or notifiable instrument, the First
23
Parliamentary Counsel may prepare and register a compilation of
24
the Act or instrument.
25
(5) If a discretionary compilation event occurs for a legislative
26
instrument or notifiable instrument, and the First Parliamentary
27
Counsel gives the rule-maker for the instrument a notice under
28
section 15S, the First Parliamentary Counsel must register a
29
compilation of the instrument:
30
(a) if a compilation is lodged for registration within the period
31
stated in the notice, or within a longer period allowed by the
32
First Parliamentary Counsel--as soon as practicable after
33
lodgement; or
34
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(b) if a compilation is not lodged for registration within that
1
period--as soon as practicable after the end of the period.
2
No required or discretionary compilation event for Act or
3
instrument
4
(6) The First Parliamentary Counsel may prepare and register a
5
compilation of an Act, legislative instrument or notifiable
6
instrument even if neither a required compilation event nor a
7
discretionary compilation event has occurred for the Act or
8
instrument.
9
Repeal, disallowance, lapse or expiry of Act or instrument
10
(7) The First Parliamentary Counsel must ensure that a registered
11
compilation of an Act, legislative instrument or notifiable
12
instrument is no longer shown on the Register as a compilation
13
currently in force as soon as practicable after:
14
(a) the Act or instrument is repealed, expires, lapses or otherwise
15
ceases to be in force; or
16
(b) for a disallowable legislative instrument--the instrument is
17
disallowed under section 42.
18
15U Compilations--rules
19
General
20
(1) The rules may provide for, or in relation to, any of the following in
21
relation to compilations of Acts, legislative instruments or
22
notifiable instruments:
23
(a) the format, layout and printing style required for
24
compilations, and any other presentational aspects of
25
compilations;
26
(b) the extent and form of the information mentioned in
27
subsection 15P(1) or (2) that is required to be included in
28
compilations, or made available on an approved website;
29
(c) any other matter relating to the preparation of compilations;
30
(d) the lodgement of compilations of instruments for registration,
31
including any of the following:
32
(i) the form in which compilations must or may be lodged;
33
(ii) how compilations must or may be lodged;
34
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(iii) the information that must or may be provided with or
1
for compilations;
2
(iv) the certification of compilations;
3
(v) other requirements to be satisfied for compilations;
4
(e) the withdrawal of lodgement of compilations of instruments;
5
(f) the registration of compilations of Acts and instruments;
6
(g) the refusal of registration of compilations of instruments;
7
(h) alternative arrangements for the registration of compilations
8
of Acts, and for the lodgement and registration of
9
compilations of instruments, in the event of technical
10
difficulties;
11
(i) any other matter relating to the lodgement or registration of
12
compilations of Acts or instruments.
13
Compilations reflecting retrospective amendments
14
(2) If an amendment of an Act, a legislative instrument or a notifiable
15
instrument commences retrospectively, in addition to any other
16
requirement or power under this Division in relation to the
17
lodgement or registration of a compilation of the Act or instrument
18
as a result of that amendment, the rules may provide for:
19
(a) in the case of the amendment of an Act--the registration of
20
compilations of the Act with different specified compilation
21
dates; and
22
(b) in the case of the amendment of an instrument--the
23
lodgement and registration of compilations of the instrument
24
with different specified compilation dates.
25
Note 1: In this situation, this Division may require the lodgement or
26
registration of a compilation of an Act or instrument with a
27
compilation date that is the date of retrospective commencement
28
of the amendments.
29
Note 2: Rules under subsection (2) may also require or permit the
30
lodgement or registration of an additional compilation or
31
compilations (with different compilation dates) reflecting the
32
retrospective effect of the amendments.
33
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Division 3--Editorial changes and other changes
1
15V Power to make editorial changes and other changes
2
Editorial changes
3
(1) In preparing a compilation of an Act, legislative instrument or
4
notifiable instrument for registration (including a compilation that
5
has been lodged for registration), the First Parliamentary Counsel
6
may make editorial changes to any text that is part of the Act or
7
instrument.
8
Note 1:
For what is an editorial change, see section 15X.
9
Note 2:
For what text forms part of the Act or instrument, see section 13 of the
10
Acts Interpretation Act 1901 (which applies in relation to instruments
11
under section 13 of this Act).
12
(2) The First Parliamentary Counsel may make an editorial change to
13
an Act or instrument under subsection (1) only if he or she
14
considers the change to be desirable to:
15
(a) bring the Act or instrument into line, or more closely into
16
line, with legislative drafting practice being used by the
17
Office of Parliamentary Counsel; or
18
(b) correct an error, or ensure that a misdescribed amendment of
19
the Act or instrument is given effect to as intended.
20
Presentational changes
21
(3) In preparing a compilation of an Act, legislative instrument or
22
notifiable instrument for registration (including a compilation that
23
has been lodged for registration), the First Parliamentary Counsel
24
may make changes to the Act or instrument that affect the format,
25
layout or printing style of the Act or instrument, or any other
26
presentational aspect of the Act or instrument.
27
(4) The First Parliamentary Counsel may make a change to an Act or
28
instrument under subsection (3) only if he or she considers the
29
change to be desirable to bring the Act or instrument into line, or
30
more closely into line, with legislative drafting practice being used
31
by the Office of Parliamentary Counsel.
32
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Text not part of an Act or instrument
1
(5) In preparing a compilation of an Act, legislative instrument or
2
notifiable instrument (including a compilation that has been lodged
3
for registration), the First Parliamentary Counsel may include, omit
4
or change any text that is not part of the Act or instrument,
5
including (without limitation) any of the following:
6
(a) a table of contents or other provision that only describes the
7
arrangement of the Act or instrument (or provisions of the
8
Act or instrument) into groups of provisions;
9
(b) a reader's guide, simplified outline or similar text that only
10
describes the nature or effect of the Act or instrument;
11
(c) text, known as alternative text (or "alt text"), that does not
12
form part of the Act or instrument because of
13
subsection 13(3) of the Acts Interpretation Act 1901
14
(including that subsection as applied by section 13 of this
15
Act);
16
(d) for an instrument--instrument-making words.
17
Note:
For paragraph (c), alternative text may, for example, aurally indicate
18
the effect of a graphic image in an Act or instrument to assist users of
19
an approved website who have visual disabilities.
20
No change of effect
21
(6) The First Parliamentary Counsel must not make a change to an Act
22
or instrument under this section that would change the effect of the
23
Act or instrument.
24
(7) Subsection (6) does not prevent the First Parliamentary Counsel
25
making a change to an Act or instrument mentioned in
26
paragraph (2)(m) of the definition of editorial change in
27
subsection 15X(2), or any editorial change consequential on such a
28
change, as mentioned in paragraph (2)(q) of that definition.
29
Note:
Such a change consists of the incorporation into an Act or instrument
30
of an application, savings, transitional, validation or similar provision
31
that is contained in an amending Act or instrument.
32
15W Editorial changes treated in the same way as amendments
33
If the First Parliamentary Counsel makes an editorial change to an
34
Act or instrument under section 15V in preparing a compilation,
35
then, after the registration of the compilation:
36
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(a) the Act or instrument has effect for all purposes as if the
1
change had been made by an amendment of the Act or
2
instrument that commenced on the day the compilation was
3
registered; and
4
(b) the Act or instrument may be further amended as if the
5
change had been made by an amendment of the Act or
6
instrument.
7
15X Definition of editorial change
8
(1) This section describes the kinds of editorial changes that the First
9
Parliamentary Counsel may make to an Act, legislative instrument
10
or notifiable instrument under section 15V in preparing a
11
compilation of the Act or instrument.
12
Note:
An editorial change cannot be made to an Act, legislative instrument
13
or notifiable instrument if it would change the effect of the Act or
14
instrument (see subsection 15V(6)).
15
(2) An editorial change to an Act, legislative instrument or notifiable
16
instrument is a change made by the First Parliamentary Counsel
17
that:
18
(a) goes only to a matter of spelling, punctuation, grammar or
19
syntax, or the use of conjunctives and disjunctives; or
20
(b) updates a reference to:
21
(i) a law covered by subsection (3) (or a provision of such
22
a law); or
23
(ii) a person, body or other entity, or an office, position,
24
place, document or thing; or
25
(c) changes the short title of an Act or the name of an instrument,
26
or the name of the types of provision in an instrument; or
27
(d) numbers or renumbers a provision of the Act or instrument;
28
or
29
(e) changes the order of definitions or other provisions of the Act
30
or instrument; or
31
(f) replaces a reference to a provision of a law covered by
32
subsection (3) with a different form of reference to the
33
provision; or
34
(g) changes the way of referring to or expressing a number, year,
35
date, time, amount of money or other amount, penalty,
36
quantity, measurement or other matter, idea or concept; or
37
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Example: A reference in a form to "this [blank] day of [blank] 19 ... " may
1
be changed to "[Date]".
2
(h) changes language that indicates gender or that could be taken
3
to indicate gender; or
4
(i) omits or changes a table of contents or other provision that
5
only describes the arrangement of the Act or instrument (or
6
provisions of the Act or instrument) into groups of
7
provisions; or
8
(j) omits or changes a reader's guide, simplified outline or other
9
text that only describes the nature or effect of the Act or
10
instrument; or
11
(k) omits a provision, or a reference to a law covered by
12
subsection (3) (or a provision of such a law) that has expired,
13
the operation of which is exhausted or spent, or that is
14
otherwise obsolete or redundant; or
15
(l) omits, inserts or changes a term that identifies a provision of
16
the Act or instrument as a provision, or part of a provision, of
17
the Act or instrument; or
18
Examples: The following are examples of references to provisions:
19
(a) of these regulations;
20
(b) of this regulation;
21
(c) of this section;
22
(d) hereof;
23
(e) said.
24
(m) incorporates into the Act or instrument (the principal law) an
25
application, savings, transitional, validation or similar
26
provision that is contained in another Act or instrument that
27
amends the principal law; or
28
(n) shows the effect of any amendment of the Act or instrument,
29
or is consequential on any such amendment; or
30
Example: The heading to a section may be changed to reflect the effect of
31
an amendment of the section.
32
(o) if an amendment of the Act or instrument is misdescribed by
33
an amending Act or instrument--gives effect to the
34
misdescribed amendment as intended; or
35
(p) corrects an error covered by subsection (4); or
36
(q) is consequential on any other editorial change made to the
37
Act or instrument or to another Act or instrument.
38
(3) This subsection covers the following laws:
39
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(a) an Act;
1
(b) an instrument made under an Act or another power given by
2
law;
3
(b) an Act of a State, a Territory or New Zealand, or an
4
instrument made under such an Act.
5
(4) This subsection covers the following errors:
6
(a) typographical and clerical errors;
7
(b) grammatical and spelling errors, and errors of punctuation;
8
(c) errors in numbering, cross-referencing and alphabetical
9
ordering;
10
(d) errors in references to laws or instruments, or provisions of
11
such laws, covered by subsection (3);
12
(e) errors in or arising out of an amendment of an Act or
13
instrument, including errors relating to the number of times
14
such an amendment is expressed to be made;
15
(f) any other errors of a nature similar to those mentioned in
16
paragraphs (a) to (e).
17
Part 3--Authorised versions and judicial notice
18
Division 1--Introduction
19
15Y Simplified outline of this Part
20
Authorised versions of registered Acts, legislative instruments,
21
notifiable instruments, explanatory statements for legislative
22
instruments and compilations may be sourced from the approved
23
website. Judicial notice may be taken of authorised versions and
24
related matters.
25
15Z Scope of this Part
26
This Part applies in relation to each of the following documents (a
27
registered law or explanatory statement) and, in the same way, to
28
a provision or part of each document:
29
(a) a registered Act;
30
(b) a registered legislative instrument or notifiable instrument;
31
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(c) a registered explanatory statement for a legislative
1
instrument;
2
(d) a registered compilation of an Act, legislative instrument or
3
notifiable instrument.
4
Division 2--Authorised versions and judicial notice
5
15ZA Authorised versions
6
Authorised electronic versions
7
(1) An electronic copy of a registered law or explanatory statement is
8
an authorised version of the registered law or explanatory
9
statement if:
10
(a) the electronic copy is accessed at, or downloaded from, an
11
approved website in a format prescribed by the rules; and
12
(b) either:
13
(i) the website indicates, in a way prescribed by the rules,
14
that such a copy is an authorised version; or
15
(ii) the electronic copy indicates, in a way prescribed by the
16
rules, that it is an authorised version.
17
Example: For paragraph (a), a locked pdf file may be a format prescribed by the
18
rules.
19
(2) An electronic copy of a registered law or explanatory statement is
20
an authorised version of the registered law or explanatory
21
statement if:
22
(a) it is in a format prescribed by the rules; and
23
(b) the electronic copy indicates, in a way prescribed by the
24
rules, that it is an authorised version.
25
Example: For paragraph (a), a locked pdf file may be a format prescribed by the
26
rules.
27
Authorised printed versions
28
(3) A printed copy of a registered law or explanatory statement is an
29
authorised version of the registered law or explanatory statement
30
if the copy indicates, in a way prescribed by the rules, that it is an
31
authorised version.
32
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(4) A printed copy of a registered law or explanatory statement is an
1
authorised version of the registered law or explanatory statement
2
if the copy is produced directly from another version of the
3
registered law or explanatory statement that is an authorised
4
version under subsection (1), (2) or (3), or this subsection.
5
Presumptions about an approved website and registered laws or
6
explanatory statements
7
(5) It is presumed, unless the contrary is proved, that:
8
(a) a website purporting to be an approved website is an
9
approved website; and
10
(b) if accessed at a website mentioned in paragraph (a), an Act, a
11
legislative instrument, a notifiable instrument, an explanatory
12
statement for a legislative instrument or a compilation of an
13
Act or a legislative instrument or notifiable instrument is
14
registered; and
15
(c) an electronic copy of a registered law or explanatory
16
statement accessed at, or downloaded from, an approved
17
website is an authorised version under subsection (1), if:
18
(i) the website indicates (in any way) that such a copy is an
19
authorised version; or
20
(ii) the copy indicates (in any way) that the copy is an
21
authorised version; and
22
(d) an electronic copy of a registered law or explanatory
23
statement is an authorised version under subsection (2) if the
24
copy indicates (in any way) that it is an authorised version;
25
and
26
(e) a printed copy of a registered law or explanatory statement is
27
an authorised version under subsection (3) or (4) if the copy
28
indicates (in any way) that it is an authorised version; and
29
(f) an authorised version of a registered Act, legislative
30
instrument or notifiable instrument, as made, correctly shows
31
the text of the Act or instrument as made; and
32
(g) an authorised version of a registered explanatory statement
33
for a legislative instrument correctly shows the text of the
34
statement as approved by the rule-maker (under
35
subsection 15J(2) or (3)); and
36
(h) an authorised version of a registered compilation of an Act,
37
legislative instrument or notifiable instrument correctly
38
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shows the text of the Act or instrument as amended (if at all)
1
and in force on the compilation date.
2
Forms of indication
3
(6) A way of indicating that is prescribed by rules made for the
4
purposes of subsection (1), (2) or (3), or an indication mentioned in
5
paragraph (5)(c), (d) or (e), may include an indication consisting of
6
any text, including one or more of the following:
7
(a) a logo;
8
(b) a form of words;
9
(c) a unique identifier, for a registered law or explanatory
10
statement, prescribed by the rules.
11
15ZB Judicial notice
12
(1) In proceedings in a court or tribunal, proof is not required about
13
any of the following:
14
(a) the assent, and the day of assent, of an Act;
15
(b) the making, and the day of making, of a registered legislative
16
instrument or notifiable instrument;
17
(c) the text of a registered law or explanatory statement;
18
(d) the registration, and day of registration, of a registered law or
19
explanatory statement;
20
(e) the commencement of a registered Act, legislative instrument
21
or notifiable instrument, or any provision of a registered Act,
22
legislative instrument or notifiable instrument;
23
(f) editorial changes made to an Act, legislative instrument or
24
notifiable instrument in preparing a registered compilation of
25
the Act or instrument;
26
(g) the text and compilation date of a registered compilation of
27
an Act, legislative instrument or notifiable instrument;
28
(h) whether a copy of a registered law or explanatory statement
29
is an authorised version of the registered law or explanatory
30
statement.
31
(2) A court or tribunal may inform itself of anything mentioned in
32
subsection (1) in any way it considers appropriate.
33
(3) However, the court or tribunal must consider whether the source it
34
intends to use appears to be a reliable source of information.
35
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(4) For the purposes of subsection (3), an authorised version of a
1
registered law or explanatory statement is a reliable source of
2
information.
3
(5) This section does not limit any other law providing how a court or
4
tribunal may be informed about a matter mentioned in
5
subsection (1).
6
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Part 3 Legislative instruments and notifiable instruments generally
46
Acts and Instruments (Framework Reform) Bill 2014
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Part 3
--Legislative instruments and notifiable
1
instruments generally
2
Legislative Instruments Act 2003
3
27 Part 2 (heading)
4
Repeal the heading, substitute:
5
Chapter 3--Legislative instruments and
6
notifiable instruments
7
Part 1--Drafting standards and consultation
8
9
15ZC Simplified outline of this Part
10
The First Parliamentary Counsel is responsible for promoting the
11
legal effectiveness, clarity and intelligibility of legislative
12
instruments and notifiable instruments.
13
Before a legislative instrument is made, the rule-maker must be
14
satisfied that any consultation that is appropriate and reasonably
15
practicable has taken place.
16
28 Section 16 (heading)
17
Repeal the heading, substitute:
18
16 Measures to achieve high drafting standards for legislative
19
instruments and notifiable instruments
20
29 Subsection 16(1)
21
After "legislative instruments" (wherever occurring), insert "and
22
notifiable instruments".
23
30 Paragraphs 16(2)(a), (b) and (c)
24
After "legislative instruments", insert "and notifiable instruments".
25
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Acts and Instruments (Framework Reform) Bill 2014
47
31 Paragraphs 16(3)(a) and (b)
1
Repeal the paragraphs, substitute:
2
(a) to prevent the use of gender-specific language in legislative
3
instruments and notifiable instruments in circumstances
4
where it is not necessary to identify persons by their sex; and
5
(b) to advise rule-makers for registered legislative instruments or
6
notifiable instruments if those instruments use
7
gender-specific language in those circumstances; and
8
32 Part 3 (heading)
9
Repeal the heading.
10
33 Subsection 17(1)
11
Repeal the subsection, substitute:
12
(1) Before a legislative instrument is made, the rule-maker must be
13
satisfied that there has been undertaken any consultation that is:
14
(a) considered by the rule-maker to be appropriate; and
15
(b) reasonably practicable to undertake.
16
34 Section 17 (note)
17
Omit "subsection 26(1A)", substitute "subsection 15J(2)".
18
35 Section 18
19
Repeal the section.
20
36 Part 4
21
Repeal the Part.
22
37 Part 5 (heading)
23
Repeal the heading, substitute:
24
Part 2--Parliamentary scrutiny of legislative
25
instruments
26
38 Before section 37
27
Insert:
28
Schedule 1 Acts, legislative instruments and notifiable instruments
Part 3 Legislative instruments and notifiable instruments generally
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Acts and Instruments (Framework Reform) Bill 2014
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36 Simplified outline of this Part
1
The Office of Parliamentary Counsel must generally deliver a
2
legislative instrument for laying before each House of the
3
Parliament within 6 sitting days of that House after the instrument
4
is registered (with the instrument's registered explanatory
5
statement, if applicable).
6
A legislative instrument (or a provision) may be disallowed by
7
either House within a certain time after the instrument is tabled. A
8
legislative instrument is taken to be repealed if it is disallowed.
9
Some legislative instruments are required to be tabled in
10
Parliament, but are not subject to disallowance.
11
39 Section 37 (note)
12
Repeal the note, substitute:
13
Note:
Some legislative instruments are not disallowable (see section 44).
14
40 Subsection 38(1)
15
Omit "legislative instrument registered under Division 2 of Part 4",
16
substitute "registered legislative instrument".
17
41 Subsection 38(2)
18
Repeal the subsection.
19
42 Subsection 38(3)
20
Omit "that is required to be laid before each House of the Parliament is
21
not so laid", substitute "is not laid before each House of the
22
Parliament".
23
43 At the end of subsection 38(3)
24
Add:
25
Note:
See also subsection 45(1).
26
44 Section 39
27
Repeal the section, substitute:
28
Acts, legislative instruments and notifiable instruments Schedule 1
Legislative instruments and notifiable instruments generally Part 3
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49
39 Tabling of explanatory statements
1
(1) If an explanatory statement for a legislative instrument is
2
registered, the Office of Parliamentary Counsel must arrange for a
3
copy of the explanatory statement to be delivered to each House of
4
the Parliament, to be laid before each House.
5
(2) The delivery to each House of the Parliament must be arranged:
6
(a) in the case of an initial explanatory statement:
7
(i) if practicable, at the same time as a copy of the
8
instrument is delivered to that House under section 38;
9
or
10
(ii) in any other case--within 6 sitting days of that House
11
after registration of the explanatory statement; or
12
(b) in the case of a supplementary explanatory statement or
13
replacement explanatory statement--within 6 sitting days of
14
that House after registration of the explanatory statement.
15
(3) If the initial explanatory statement for a legislative instrument is
16
lodged by the rule-maker for registration too late for it to be
17
delivered to a House of the Parliament at the same time as a copy
18
of the instrument, the rule-maker must, as soon as possible, deliver
19
to that House a written statement explaining the lateness of
20
lodgement.
21
(4) If a replacement explanatory statement replacing an initial
22
explanatory statement is registered before the initial explanatory
23
statement is delivered to each House of the Parliament under
24
subsection (1):
25
(a) this section stops applying to the initial explanatory
26
statement; and
27
(b) this section applies to the replacement explanatory statement
28
as if it were the initial explanatory statement.
29
Note:
For initial explanatory statements and supplementary and replacement
30
explanatory statements, see section 15J.
31
45 At the end of subsections 42(1) and (2)
32
Add:
33
Note:
See also subsection 45(1).
34
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Part 3 Legislative instruments and notifiable instruments generally
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Acts and Instruments (Framework Reform) Bill 2014
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46 Subsection 44(1)
1
Omit ", made on or after the commencing day,".
2
47 Subsections 44(2) and (3)
3
Repeal the subsections, substitute:
4
(2) Section 42 does not apply in relation to a legislative instrument, or
5
a provision of a legislative instrument, if:
6
(a) an Act declares, or has the effect, that section 42 does not
7
apply in relation to the instrument or provision; or
8
(b) the legislative instrument is prescribed by regulation for the
9
purposes of this paragraph.
10
(3) Prescribing a kind of instrument by regulation for the purposes of
11
paragraph (2)(b) does not imply that every instrument of that kind
12
is a legislative instrument.
13
48 Subsection 45(3)
14
Omit "Part 6", substitute "Part 4 (sunsetting of legislative instruments)".
15
49 Section 48
16
Repeal the section, substitute:
17
48 Remaking disallowed legislative instruments
18
(1) A legislative instrument or a provision of a legislative instrument
19
(the later instrument or provision) that is the same in substance as
20
a legislative instrument or a provision of a legislative instrument
21
(the disallowed instrument or provision) that has been disallowed
22
(or is taken to have been disallowed) under subsection 42(1) or (2)
23
must not be made within 6 months after the day of disallowance.
24
(2) However, the later instrument or provision may be made within
25
that time if the relevant House of the Parliament approves, by
26
resolution, the making of a legislative instrument or provision the
27
same in substance as the disallowed instrument or provision.
28
(3) For the purposes of subsection (2), the relevant House of
29
Parliament is the House of Parliament in which notice was given
30
of the motion to disallow the disallowed instrument or provision.
31
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Legislative instruments and notifiable instruments generally Part 3
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51
(4) A legislative instrument or provision made in contravention of this
1
section has no effect.
2
50 Part 5A (heading)
3
Repeal the heading, substitute:
4
Part 3--Repeal of spent legislative instruments,
5
notifiable instruments and provisions
6
Division 1A--Simplified outline of this Part
7
51 Before Division 1 of Part 5A
8
Insert:
9
48AA Simplified outline of this Part
10
A legislative instrument or notifiable instrument (or provision) that
11
only repeals or amends another instrument, or provides for its
12
commencement, is itself automatically repealed after it has
13
achieved this effect.
14
Regulations made under this Act may repeal a legislative
15
instrument or notifiable instrument (or provision) if the
16
Attorney-General is satisfied that the instrument (or provision) to
17
be repealed is spent or is no longer required.
18
52 Subsection 48A(1)
19
Repeal the subsection, substitute:
20
(1) This section repeals a legislative instrument or notifiable
21
instrument whose only legal effect is to amend or repeal one or
22
more other legislative instruments or notifiable instruments,
23
without making any application, saving or transitional provisions
24
relating to the amendment or repeal.
25
(1A) For the purposes of subsection (1), a legislative instrument or
26
notifiable instrument is not taken to make an application, saving or
27
transitional provision mentioned in that subsection merely because
28
the instrument amends another such instrument to make an
29
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Acts and Instruments (Framework Reform) Bill 2014
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application, saving or transitional provision relating to the
1
amendment or repeal.
2
53 Subsection 48A(2)
3
Repeal the subsection, substitute:
4
Time of repeal
5
(2) The repeal of the instrument by this section happens on the day
6
after the later of the following events occurs:
7
(a) whichever of the following is applicable:
8
(i) the commencement of the instrument, or of the last of
9
its provisions to commence;
10
(ii) if the last of its provisions that have not commenced are
11
repealed, or cannot commence because of the
12
occurrence of an event--that repeal, or the occurrence
13
of that event;
14
(b) the registration of the instrument.
15
54 At the end of subsection 48A(4)
16
Add:
17
Note:
See also subsection 45(2).
18
55 Subsections 48B(1) and (2)
19
Repeal the subsections, substitute:
20
(1) This section repeals a commencement instrument that provides for
21
the commencement of one of the following (a primary law) or a
22
provision (a primary provision) of one of the following:
23
(a) an Act;
24
(b) a legislative instrument or notifiable instrument.
25
Time of repeal
26
(2) The repeal of the commencement instrument by this section
27
happens on the day after the later of the following events occurs:
28
(a) whichever of the following is applicable:
29
(i) the commencement (or the last commencement) the
30
commencement instrument provides for;
31
Acts, legislative instruments and notifiable instruments Schedule 1
Legislative instruments and notifiable instruments generally Part 3
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Acts and Instruments (Framework Reform) Bill 2014
53
(ii) if the commencement instrument provides for the
1
commencement of a primary law, and the last of the
2
provisions of the primary law that have not commenced
3
are repealed--that repeal;
4
(iii) if the commencement instrument provides for the
5
commencement of a primary law, and the primary law
6
(or the last of the provisions of the primary law) cannot
7
commence because of the occurrence of an event--the
8
occurrence of that event;
9
(iv) if the commencement instrument provides for the
10
commencement of a primary provision or primary
11
provisions, and the primary provision (or the last of
12
those primary provisions) is repealed, or cannot
13
commence because of the occurrence of an event--that
14
repeal, or the occurrence of that event;
15
(b) the registration of the commencement instrument.
16
56 Subdivision C of Division 1 of Part 5A (heading)
17
Repeal the heading, substitute:
18
Subdivision C--Repeal of amending or repealing provisions of
19
instruments containing other matter
20
57 Subsection 48C(1)
21
After "legislative instrument" (first occurring), insert "or notifiable
22
instrument".
23
58 Paragraph 48C(1)(a)
24
Omit "is made on or after the commencement of this section but".
25
59 Subparagraph 48C(1)(b)(i)
26
Omit "legislative instruments", substitute "legislative instruments or
27
notifiable instruments".
28
60 Subsection 48C(2)
29
Repeal the subsection, substitute:
30
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Part 3 Legislative instruments and notifiable instruments generally
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Time of repeal
1
(2) The repeal of the provision by this section happens immediately
2
after the later of the following events occurs:
3
(a) whichever of the following is applicable:
4
(i) the commencement of the provision;
5
(ii) if the provision cannot commence because of the
6
occurrence of an event--the occurrence of that event;
7
(b) the registration of the legislative instrument or notifiable
8
instrument containing the provision.
9
61 At the end of section 48C
10
Add:
11
Repeal of associated provisions
12
(5) If subsection (1) repeals a provision of a legislative instrument or
13
notifiable instrument, this section also repeals the following
14
provisions:
15
(a) any other provision (for example, a Schedule) of the
16
instrument that only identifies another instrument or
17
provision that is amended or repealed;
18
(b) any other provision (for example, a Part heading) of the
19
instrument that only identifies (or groups) provisions that are
20
amended or repealed.
21
Note:
See also subsection 45(2).
22
62 Subdivision D of Division 1 of Part 5A (heading)
23
Repeal the heading, substitute:
24
Subdivision D--Repeal of commencement provisions of
25
instruments containing other matter
26
63 Subsection 48D(1)
27
Repeal the subsection, substitute:
28
(1) This section repeals a provision (a commencement provision) of a
29
legislative instrument or notifiable instrument, other than a
30
commencement instrument, if the commencement provision
31
provides solely for the commencement of one of the following (a
32
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Legislative instruments and notifiable instruments generally Part 3
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Acts and Instruments (Framework Reform) Bill 2014
55
primary law) or a provision (a primary provision) of one of the
1
following:
2
(a) the instrument;
3
(b) an Act;
4
(c) another instrument that is a legislative instrument or
5
notifiable instrument.
6
64 Subsection 48D(2)
7
Repeal the subsection, substitute:
8
Time of repeal
9
(2) The repeal of the commencement provision by this section happens
10
immediately after the later of the following events occurs:
11
(a) whichever of the following is applicable:
12
(i) the commencement (or the last commencement) the
13
commencement provision provides for;
14
(ii) if the commencement provision provides for the
15
commencement of a primary law, and the last of the
16
provisions of the primary law that have not commenced
17
are repealed--that repeal;
18
(iii) if the commencement provision provides for the
19
commencement of a primary law, and the primary law
20
(or the last of the provisions of the primary law) cannot
21
commence because of the occurrence of an event--the
22
occurrence of that event;
23
(iv) if the commencement provision provides for the
24
commencement of a primary provision, and the primary
25
provision is repealed, or cannot commence because of
26
the occurrence of an event--that repeal, or the
27
occurrence of that event;
28
(b) the registration of the legislative instrument or notifiable
29
instrument containing the commencement provision.
30
65 Section 48E (heading)
31
Repeal the heading, substitute:
32
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Part 3 Legislative instruments and notifiable instruments generally
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Acts and Instruments (Framework Reform) Bill 2014
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48E Regulations may repeal instruments or provisions no longer
1
required
2
66 Subsections 48E(1) and (2)
3
After "legislative instrument" (wherever occurring), insert "or notifiable
4
instrument".
5
67 Part 6 (heading)
6
Repeal the heading, substitute:
7
Part 4--Sunsetting of legislative instruments
8
68 Before section 49
9
Insert:
10
48F Simplified outline of this Part
11
Legislative instruments are automatically repealed after a fixed
12
period of time (subject to some exceptions). The automatic repeal
13
is called sunsetting.
14
Generally, legislative instruments sunset on the first 1 April or
15
1 October on or after the tenth anniversary of their registration. The
16
Attorney-General may (by legislative instrument) defer sunsetting
17
in some circumstances.
18
The Attorney-General must arrange for the tabling in each House
19
of Parliament of a list of legislative instruments that are due for
20
sunsetting on the same day. The Office of Parliamentary Counsel
21
must then arrange for each rule-maker to be given a copy of the
22
list.
23
Either House of Parliament may resolve to continue in force a
24
legislative instrument that would otherwise sunset.
25
A legislative instrument does not sunset if this Act or a regulation
26
under this Act, or another Act, provides or has the effect that this
27
Part does not apply to the instrument.
28
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57
69 Subsection 50(3)
1
Omit "Part 5A", substitute "Part 3 (repeal of spent legislative
2
instruments, notifiable instruments and provisions)".
3
70 Subsection 50(3) (note)
4
Omit "Part 5A", substitute "Part 3".
5
71 Subsection 51(3)
6
Omit "and, as such, is required under Part 4 to be registered".
7
72 Subsection 51A(3)
8
Omit "Part 5", substitute "Part 2 (parliamentary scrutiny of legislative
9
instruments)".
10
73 Subsection 54(1)
11
Omit "made before, on or after the commencing day,".
12
74 Subsections 54(2) and (3)
13
Repeal the subsections, substitute:
14
(2) This Part does not apply in relation to a legislative instrument if:
15
(a) an Act provides, or has the effect, that this Part does not
16
apply in relation to the instrument; or
17
(b) the legislative instrument is prescribed by regulation for the
18
purposes of this paragraph; or
19
(c) the legislative instrument is a regulation made for the
20
purposes of:
21
(i) paragraph 8(6)(b) (which covers instruments that are not
22
legislative instruments); or
23
(ii) paragraph 10(1)(c) (which covers instruments that are
24
legislative instruments); or
25
(iii) paragraph 11(2)(b) (which covers instruments that are
26
notifiable instruments); or
27
(iv) paragraph 44(2)(b) (which covers instruments that are
28
not subject to disallowance); or
29
(v) paragraph (b) of this subsection.
30
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Acts and Instruments (Framework Reform) Bill 2014
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(3) Prescribing a kind of instrument by regulation for the purposes of
1
paragraph (2)(b) does not imply that every instrument of that kind
2
is a legislative instrument.
3
75 Part 7 (heading)
4
Repeal the heading, substitute:
5
Chapter 4--Miscellaneous
6
76 Sections 55 and 56
7
Repeal the sections, substitute:
8
55 Simplified outline of this Chapter
9
This Chapter deals with miscellaneous matters, such as the
10
following:
11
•
publication requirements for legislative instruments other than
12
publication by registration;
13
•
parliamentary scrutiny requirements for instruments other than
14
legislative instruments or notifiable instruments, other than
15
scrutiny under this Act;
16
•
delegation powers of the First Parliamentary Counsel;
17
•
a review of Part 4 of Chapter 3 (sunsetting of legislative
18
instruments) in 2017;
19
•
the First Parliamentary Counsel's power to make rules for this
20
Act (rules are legislative instruments);
21
•
the power to make regulations under this Act, including a
22
regulation that amends any legislative instrument or notifiable
23
instrument with the agreement of the rule-maker for the
24
instrument.
25
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Legislative instruments and notifiable instruments generally Part 3
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59
56 Legislative instruments--gazettal and other publication and
1
notification requirements
2
Gazettal requirements satisfied by registration
3
(1) If a primary law requires a legislative instrument made under that
4
law or other enabling legislation, or particulars of the making of
5
the instrument, to be published or notified in the Gazette, the
6
requirement is taken to be satisfied if the instrument is registered as
7
a legislative instrument.
8
Other publication or notification requirements in addition to
9
registration
10
(2) Subsection (3) applies if a primary law as enacted or made, or as
11
amended, on or after 1 January 2005 requires a legislative
12
instrument made under that law or other enabling legislation, or
13
particulars of the making of the instrument, to be published or
14
notified otherwise than in the Gazette.
15
Note:
The substantive provisions of this Act commenced on 1 January 2005.
16
(3) The requirement for publication or notification is taken to be in
17
addition to a requirement under this Act for the legislative
18
instrument to be registered as a legislative instrument.
19
77 Subsections 57(1) and (2)
20
Repeal the subsections, substitute:
21
(1) If, before 1 January 2005, a law required a document that is a
22
legislative instrument for the purposes of this Act to be laid before
23
the Parliament within a certain time, and in a certain way,
24
compliance with section 38 on and after 1 January 2005 is taken to
25
constitute full compliance with those requirements.
26
(2) If, before 1 January 2005, a law provided for the disallowance of a
27
document that is a legislative instrument for the purposes of this
28
Act, sections 42 to 48 are taken to apply in respect of the
29
document, subject to subsection (5), to the exclusion of the
30
provision for disallowance in that law.
31
Schedule 1 Acts, legislative instruments and notifiable instruments
Part 3 Legislative instruments and notifiable instruments generally
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Acts and Instruments (Framework Reform) Bill 2014
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78 Subsections 57(3), (4) and (5)
1
Omit "the commencing day" (wherever occurring), substitute
2
"1 January 2005".
3
79 Subsection 57(5)
4
Omit "of Part 5 of this Act".
5
80 At the end of section 57
6
Add:
7
Note:
The substantive provisions of this Act commenced on 1 January 2005.
8
81 After section 57
9
Insert:
10
57A Legislative instruments made under power delegated by the
11
Parliament before 1 January 2005
12
For the purposes of subsection 8(5) (meaning of legislative
13
instrument), an instrument is a legislative instrument if:
14
(a) it is made under a power delegated by the Parliament before
15
1 January 2005; and
16
(b) in accordance with a provision of the enabling legislation, the
17
instrument:
18
(i) is declared to be a disallowable instrument for the
19
purposes of section 46A of the Acts Interpretation Act
20
1901 as in force at any time before 1 January 2005; or
21
(ii) is otherwise able to be disallowed under Part XII of the
22
Acts Interpretation Act 1901 as in force at any time
23
before 1 January 2005.
24
Note:
The substantive provisions of this Act commenced on 1 January 2005.
25
82 Paragraph 58(a)
26
Repeal the paragraph, substitute:
27
(a) a Second Parliamentary Counsel (appointed under
28
subsection 4(1) of the Parliamentary Counsel Act 1970); or
29
83 Section 59
30
Repeal the section.
31
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Legislative instruments and notifiable instruments generally Part 3
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Acts and Instruments (Framework Reform) Bill 2014
61
84 Subsection 60(1)
1
Repeal the subsection, substitute:
2
(1) Between 1 January and 31 March 2017, the Attorney-General must
3
appoint persons to a body to review the operation of Part 4 of
4
Chapter 3 (sunsetting of legislative instruments).
5
85 Subsection 60(3)
6
Omit "Part 6", substitute "Part 4 of Chapter 3".
7
86 Subsection 60(4)
8
Omit "within 9 months after the 12th anniversary of the commencing
9
day", substitute "before 1 October 2017".
10
87 Section 61
11
Repeal the section, substitute:
12
61 Legislative instrument and notifiable instrument amendments by
13
regulations under this Act
14
(1) A regulation under this Act may amend a legislative instrument or
15
notifiable instrument.
16
(2) Regulations made for the purposes of subsection (1) may include
17
amendments providing for any matters of a transitional nature
18
(including saving or application provisions) that are necessary or
19
convenient to be prescribed for amendments of the instrument
20
concerned.
21
(3) Before the Governor-General makes a regulation for the purposes
22
of subsection (1) amending an instrument, the Attorney-General
23
must be satisfied that the rule-maker for the instrument has agreed
24
to the amendment.
25
61A Rules made by First Parliamentary Counsel
26
The First Parliamentary Counsel may, by legislative instrument,
27
make rules prescribing all matters required or permitted by this Act
28
to be prescribed by the rules.
29
Schedule 1 Acts, legislative instruments and notifiable instruments
Part 3 Legislative instruments and notifiable instruments generally
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Acts and Instruments (Framework Reform) Bill 2014
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88 Paragraph 62(a)
1
After "prescribed", insert "by regulation".
2
89 Schedule 1
3
Repeal the Schedule.
4
Acts, legislative instruments and notifiable instruments Schedule 1
Repeals Part 4
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
63
Part 4
--Repeals
1
Acts Citation Act 1976
2
90 The whole of the Act
3
Repeal the Act.
4
Acts Publication Act 1905
5
91 The whole of the Act
6
Repeal the Act.
7
Ordinances and Regulations (Notification) Act 1972
8
92 The whole of the Act
9
Repeal the Act.
10
Schedule 1 Acts, legislative instruments and notifiable instruments
Part 5 Amendments of other Acts
64
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
Part 5
--Amendments of other Acts
1
Acts Interpretation Act 1901
2
93 Section 1A
3
Omit:
4
Part 1 provides that this Act applies to all Acts. This Act also
5
applies to legislative instruments and other instruments made under
6
an Act (see subsection 13(1) of the Legislative Instruments Act
7
2003 and subsection 46(1) of this Act).
8
substitute:
9
Part 1 provides that this Act applies to all Acts. This Act also
10
applies to legislative instruments, notifiable instruments and other
11
instruments made under an Act (see subsection 13(1) of the
12
Legislation Act 2003 and subsection 46(1) of this Act).
13
94 Section 1A
14
Omit:
15
Part 10 deals with non-legislative instruments. For example, it
16
provides that this Act applies to those instruments and that
17
expressions in those instruments have the same meaning as in the
18
enabling legislation.
19
substitute:
20
Part 10 deals with instruments other than legislative instruments or
21
notifiable instruments. For example, it provides that this Act
22
applies to those instruments and that expressions in those
23
instruments have the same meaning as in the enabling legislation.
24
Acts, legislative instruments and notifiable instruments Schedule 1
Amendments of other Acts Part 5
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
65
95 Subsection 2(1) (note)
1
Omit "and other instruments made under an Act: see subsection 13(1)
2
of the Legislative Instruments Act 2003", substitute ", notifiable
3
instruments and other instruments: see subsection 13(1) of the
4
Legislation Act 2003".
5
96 Section 2B
6
Insert:
7
legislative instrument has the same meaning as in the Legislation
8
Act 2003.
9
notifiable instrument has the same meaning as in the Legislation
10
Act 2003.
11
97 Section 2B (definition of Proclamation)
12
Repeal the definition, substitute:
13
Proclamation means a Proclamation by the Governor-General that
14
is registered in the Federal Register of Legislation established
15
under the Legislation Act 2003 as a legislative instrument or
16
notifiable instrument.
17
Note:
Some Proclamations provide solely for the commencement of Acts,
18
legislative instruments or notifiable instruments, or provisions of Acts
19
or such instruments. Under section 11 of the Legislation Act 2003,
20
these are notifiable instruments.
21
98 Section 3
22
Omit "it shall come into operation immediately on the expiration of the
23
last preceding day", substitute "it comes into operation at the start of the
24
day".
25
99 At the end of section 13
26
Add:
27
(3) However, text is not part of an Act, or a compilation of an Act
28
within the meaning of the Legislation Act 2003, if the text:
29
(a) only indicates the effect of an element of the Act; and
30
(b) is accessible in an electronic version of the Act or
31
compilation; and
32
Schedule 1 Acts, legislative instruments and notifiable instruments
Part 5 Amendments of other Acts
66
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
(c) does not appear in the printed text of the Act (or any
1
amendment of the Act) as enacted by the Parliament, or any
2
other printed version of the Act or compilation.
3
Note:
This text is known as alternative text or "alt text". Alternative text
4
may be accessible in an electronic version of an Act or compilation
5
that is published on an approved website under the Legislation Act
6
2003. This text may, for example, aurally indicate the effect of a
7
graphic image in an Act to assist users of the website who have visual
8
disabilities.
9
100 Section 15AE
10
Repeal the section.
11
101 Subsection 33(3AB)
12
After "except a legislative instrument", insert ", a notifiable
13
instrument".
14
102 Subsection 33(3AB) (note)
15
Omit "in section 13 of the Legislative Instruments Act 2003", substitute
16
"and notifiable instruments, in section 13 of the Legislation Act 2003".
17
103 Part 9 (heading)
18
Repeal the heading, substitute:
19
Part 9--Citation of Acts and instruments
20
104 Section 40 (heading)
21
Repeal the heading, substitute:
22
40 Citation of Acts and instruments
23
105 Before subsection 40(1)
24
Insert:
25
Citation of Acts, legislative instruments and notifiable instruments
26
(1A) In any Act, instrument or document:
27
(a) an Act may be cited by:
28
(i) the short title of the Act; or
29
Acts, legislative instruments and notifiable instruments Schedule 1
Amendments of other Acts Part 5
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
67
(ii) the secular year in which it was passed, and its number;
1
or
2
(iii) a unique identifier given to the Act in accordance with
3
rules prescribed under the Legislation Act 2003; and
4
(b) a legislative instrument or notifiable instrument may be cited
5
by:
6
(i) any name the instrument gives itself; or
7
(ii) a unique identifier given to the instrument in accordance
8
with rules prescribed under the Legislation Act 2003; or
9
(iii) if the instrument was numbered under a Commonwealth
10
law--the year it was made and its number, together with
11
a reference (if necessary) to the kind of instrument; or
12
(iv) if the instrument was notified or published in the
13
Gazette--the date and (if necessary) number and page
14
of the Gazette in which it was notified or published; or
15
(v) the date it was made, together with a reference to the
16
Act or instrument, and (if necessary) provision, under
17
which it was made.
18
Citation of Imperial Acts, State Acts and Territory Acts
19
106 Paragraph 40(1)(a)
20
Repeal the paragraph.
21
107 Part 10 (heading)
22
Repeal the heading, substitute:
23
Part 10--Instruments not covered by the
24
Legislation Act 2003, and parliamentary
25
resolutions
26
108 Subsection 46(1)
27
Omit "an authority the power to make an instrument that is neither a
28
legislative instrument for the purposes of the Legislative Instruments
29
Act 2003 nor", substitute "a person (the authority) the power to make
30
an instrument other than a legislative instrument, notifiable instrument
31
or".
32
Schedule 1 Acts, legislative instruments and notifiable instruments
Part 5 Amendments of other Acts
68
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
109 Paragraph 46(1)(b)
1
Repeal the paragraph, substitute:
2
(b) expressions used in any instrument so made have the same
3
meaning as in the Act or instrument, as in force from time to
4
time, that authorises the making of the instrument in which
5
the expressions are used; and
6
110 After subsection 46(2) (before the note)
7
Insert:
8
(3) The amendment of an instrument, other than a legislative
9
instrument or a notifiable instrument, or a rule of court, by an Act
10
does not prevent the instrument, as so amended, from being
11
amended or repealed by the authority.
12
111 Section 46 (note)
13
Omit ", in section 13 of the Legislative Instruments Act 2003",
14
substitute "and notifiable instruments, in section 13 of the Legislation
15
Act 2003".
16
112 Subsection 46AA(1)
17
Omit "that is neither a legislative instrument for the purposes of the
18
Legislative Instruments Act 2003 nor", substitute ", other than a
19
legislative instrument, a notifiable instrument or".
20
113 Paragraph 46AA(1)(a)
21
Repeal the paragraph, substitute:
22
(a) by applying, adopting or incorporating, with or without
23
modification, any of the following, as in force at a particular
24
time or as in force from time to time:
25
(i) the provisions of an Act;
26
(ii) the provisions of a legislative instrument covered by
27
subsection (3); or
28
114 Paragraph 46AA(1)(b)
29
Omit "instrument takes effect", substitute "instrument commences".
30
115 After subsection 46AA(2) (before the note)
31
Insert:
32
Acts, legislative instruments and notifiable instruments Schedule 1
Amendments of other Acts Part 5
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
69
(3) The following legislative instruments are covered by this
1
subsection:
2
(a) disallowable legislative instruments within the meaning of
3
the Legislation Act 2003;
4
(b) legislative instruments that were disallowable under this or
5
any other Act at any time before 1 January 2005.
6
Note 1:
Section 4 of the Legislation Act 2003 defines a disallowable
7
legislative instrument as a legislative instrument to which section 42
8
of that Act applies.
9
Note 2:
The substantive provisions of the Legislation Act 2003 commenced on
10
1 January 2005.
11
Exception--forms
12
(4) Despite subsections (1) to (3), an instrument (the enabling
13
instrument) to which subsection (1) applies may authorise or
14
require a form (however described) to be used for the purposes of
15
an Act, that instrument or another instrument if the enabling
16
instrument provides that:
17
(a) the form is a notifiable instrument; or
18
(b) the form is required to be publicly available in another
19
specified way.
20
116 Section 46AA (note)
21
Omit ", in section 14 of the Legislative Instruments Act 2003",
22
substitute "and notifiable instruments, in section 14 of the Legislation
23
Act 2003".
24
117 Section 46B
25
Repeal the section.
26
Defence Act 1903
27
118 Subsections 52(4) and (4A)
28
Repeal the subsections, substitute:
29
(4A) Paragraph 14(1)(a) of the Legislation Act 2003 applies in relation
30
to a determination under this section as if the reference in that
31
paragraph to legislative instruments covered by subsection 14(3) of
32
Schedule 1 Acts, legislative instruments and notifiable instruments
Part 5 Amendments of other Acts
70
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
that Act included a reference to determinations under section 58H
1
of this Act.
2
Note:
Section 14 of the Legislation Act 2003 allows legislative instruments
3
to provide for matters by reference to disallowable legislative
4
instruments as in force at a particular time or from time to time. That
5
section would, for example, allow a determination under this section
6
to provide for matters by reference to a determination under
7
section 58B as in force at a particular time or from time to time.
8
119 Subsection 58B(1)
9
Omit "instrument in writing", substitute "legislative instrument".
10
120 Subsection 58B(1A)
11
Repeal the subsection, substitute:
12
(1A) Paragraph 14(1)(a) of the Legislation Act 2003 applies in relation
13
to a determination under this section as if the reference in that
14
paragraph to legislative instruments covered by subsection 14(3) of
15
that Act included a reference to:
16
(a) determinations under section 58H of this Act; and
17
(b) determinations under section 24 of the Public Service Act
18
1999.
19
Note:
Section 14 of the Legislation Act 2003 allows legislative instruments
20
to provide for matters by reference to disallowable legislative
21
instruments as in force at a particular time or from time to time.
22
121 Subsections 58B(4), (5), (5A), (5B), (5C), (6) and (7)
23
Repeal the subsections.
24
122 Subsection 124(1A)
25
Omit "58B or".
26
123 At the end of subsection 124(1A)
27
Add:
28
Note:
In addition, section 14 of the Legislation Act 2003 allows regulations
29
to prescribe matters by reference to disallowable legislative
30
instruments as in force at a particular time or from time to time. That
31
section would, for example, allow a regulation to prescribe matters by
32
reference to a determination under section 58B as in force at a
33
particular time or from time to time.
34
Acts, legislative instruments and notifiable instruments Schedule 1
Amendments of other Acts Part 5
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
71
Defence Force Discipline Act 1982
1
124 Subsection 3(10)
2
Omit "a provision of any other regulations under any Act as in force at a
3
particular time or as in force from time to time, or any determination
4
under section 58B or 58H", substitute "a determination under
5
section 58H".
6
125 At the end of subsection 3(10)
7
Add:
8
Note:
In addition, section 14 of the Legislation Act 2003 allows regulations
9
to prescribe matters by reference to disallowable legislative
10
instruments as in force at a particular time or from time to time. That
11
section would, for example, allow a regulation to prescribe matters by
12
reference to a determination under section 58B of the Defence Act
13
1903 as in force at a particular time or from time to time.
14
Defence Force Retirement and Death Benefits Act 1973
15
126 Subsection 131(4)
16
Omit "58B or".
17
127 At the end of subsection 131(4)
18
Add:
19
Note:
In addition, section 14 of the Legislation Act 2003 allows regulations
20
to prescribe matters by reference to disallowable legislative
21
instruments as in force at a particular time or from time to time. That
22
section would, for example, allow a regulation to prescribe matters by
23
reference to a determination under section 58B of the Defence Act
24
1903 as in force at a particular time or from time to time.
25
Family Law Act 1975
26
128 Section 26E (heading)
27
Repeal the heading, substitute:
28
Schedule 1 Acts, legislative instruments and notifiable instruments
Part 5 Amendments of other Acts
72
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
26E Application of the Legislation Act 2003 to rules of court
1
129 Section 26E
2
Omit "Legislative Instruments Act 2003 (other than sections 5, 6, 7, 10,
3
11 and 16 of that Act)", substitute "Legislation Act 2003 (other than
4
sections 8, 9, 10 and 16 of that Act)".
5
130 Paragraph 33C(8)(b)
6
Omit "Legislative Instruments Act 2003", substitute "Legislation Act
7
2003".
8
131 Subsections 37A(14)
9
Omit "Legislative Instruments Act 2003 (other than sections 5, 6, 7, 10,
10
11 and 16 of that Act)", substitute "Legislation Act 2003 (other than
11
sections 8, 9, 10 and 16 of that Act)".
12
132 Subsection 40(1)
13
Omit "Legislative Instruments Act 2003", substitute "Legislation Act
14
2003".
15
133 Subsection 123(2)
16
Omit "Legislative Instruments Act 2003 (other than sections 5, 6, 7, 10,
17
11 and 16 of that Act)", substitute "Legislation Act 2003 (other than
18
sections 8, 9, 10 and 16 of that Act)".
19
134 Subsection 123(2A)
20
Omit "Legislative Instruments Act 2003", substitute "Legislation Act
21
2003".
22
135 Paragraph 125(1)(baa)
23
Omit "Legislative Instruments Act 2003 (other than the provisions of
24
Part 5", substitute "Legislation Act 2003 (other than the provisions of
25
Part 2 of Chapter 3".
26
Federal Circuit Court of Australia Act 1999
27
136 Paragraph 41(10)(b)
28
Omit "Legislative Instruments Act 2003", substitute "Legislation Act
29
2003".
30
Acts, legislative instruments and notifiable instruments Schedule 1
Amendments of other Acts Part 5
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
73
137 Subsection 81(3)
1
Omit "Legislative Instruments Act 2003 (other than sections 5, 6, 7, 10,
2
11 and 16 of that Act)", substitute "Legislation Act 2003 (other than
3
sections 8, 9, 10 and 16 of that Act)".
4
138 Subsection 81(4)
5
Omit "Legislative Instruments Act 2003", substitute "Legislation Act
6
2003".
7
139 Subsection 120(4)
8
Omit "Legislative Instruments Act 2003 (other than the provisions of
9
Part 5", substitute "Legislation Act 2003 (other than the provisions of
10
Part 2 of Chapter 3".
11
Federal Court of Australia Act 1976
12
140 Subsection 59(4)
13
Omit "Legislative Instruments Act 2003 (other than sections 5, 6, 7, 10,
14
11 and 16 of that Act)", substitute "Legislation Act 2003 (other than
15
sections 8, 9, 10 and 16 of that Act)".
16
141 Subsection 59(5)
17
Omit "Legislative Instruments Act 2003", substitute "Legislation Act
18
2003".
19
142 Section 59A (heading)
20
Repeal the heading, substitute:
21
59A Regulations modifying or adapting the Legislation Act 2003
22
143 Section 59A
23
Omit "Legislative Instruments Act 2003 (other than the provisions of
24
Part 5", substitute "Legislation Act 2003 (other than the provisions of
25
Part 2 of Chapter 3".
26
Schedule 1 Acts, legislative instruments and notifiable instruments
Part 5 Amendments of other Acts
74
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
Great Barrier Reef Marine Park Act 1975
1
144 Subsections 31(1) and (3) (notes)
2
Omit "(see item 23 of the table in subsection 44(2), and item 22 of the
3
table in subsection 54(2), of the Legislative Instruments Act 2003)",
4
substitute "(see regulations made for the purposes of subsections 44(2)
5
and 54(2) of the Legislation Act 2003)".
6
145 Section 39ZF (note)
7
Omit "(see item 22 of the table in subsection 54(2) of the Legislative
8
Instruments Act 2003)", substitute "(see regulations made for the
9
purposes of subsection 54(2) of the Legislation Act 2003)".
10
146 Subsections 39ZG(4) and 39ZH(1) (notes)
11
Omit "(see item 22 of the table in subsection 54(2) of the Legislative
12
Instruments Act 2003)", substitute "(see regulations made for the
13
purposes of subsection 54(2) of the Legislation Act 2003)".
14
Health Insurance Commission (Reform and Separation of
15
Functions) Act 1997
16
147 Section 40 (heading)
17
Repeal the heading, substitute:
18
40 Instruments under this Part not legislative instruments
19
148 Section 40
20
Omit "Legislative Instruments Act 1997", substitute "Legislation Act
21
2003".
22
Human Rights (Parliamentary Scrutiny) Act 2011
23
149 Subsection 3(1) (definition of rule-maker)
24
Omit "Legislative Instruments Act 2003", substitute "Legislation Act
25
2003".
26
Acts, legislative instruments and notifiable instruments Schedule 1
Amendments of other Acts Part 5
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
75
150 Subsection 9(1)
1
Omit "Legislative Instruments Act 2003" (first occurring), substitute
2
"Legislation Act 2003".
3
151 Subsection 9(1) (note)
4
Omit "subsection 26(1A) of the Legislative Instruments Act 2003",
5
substitute "section 15J of the Legislation Act 2003".
6
Judiciary Act 1903
7
152 Subsection 86(2)
8
Omit "Legislative Instruments Act 2003 (other than sections 5, 6, 7, 10,
9
11 and 16 of that Act)", substitute "Legislation Act 2003 (other than
10
sections 8, 9, 10 and 16 of that Act)".
11
153 Subsection 86(3)
12
Omit "Legislative Instruments Act 2003", substitute "Legislation Act
13
2003".
14
154 Paragraph 88(cb)
15
Omit "Legislative Instruments Act 2003 (other than the provisions of
16
Part 5", substitute "Legislation Act 2003 (other than the provisions of
17
Part 2 of Chapter 3".
18
Motor Vehicle Standards Act 1989
19
155 Section 7 (note)
20
Repeal the note, substitute:
21
Note:
Part 4 of Chapter 3 of the Legislation Act 2003, which deals with
22
sunsetting of legislative instruments, does not apply to a determination
23
under this section (see regulations made for the purposes of
24
subsection 54(2) of that Act).
25
156 Section 9 (note)
26
Repeal the note, substitute:
27
Note:
Part 4 of Chapter 3 of the Legislation Act 2003, which deals with
28
sunsetting of legislative instruments, does not apply to a determination
29
under this section (see regulations made for the purposes of
30
subsection 54(2) of that Act).
31
Schedule 1 Acts, legislative instruments and notifiable instruments
Part 5 Amendments of other Acts
76
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
Parliamentary Counsel Act 1970
1
157 Paragraph 3(1)(g)
2
Omit "Acts Publication Act 1905, the Legislative Instruments Act
3
2003", substitute "the Legislation Act 2003".
4
Protection of the Sea (Prevention of Pollution from Ships)
5
Act 1983
6
158 Subsection 22A(8)
7
Omit "for the purposes of the Legislative Instruments Act 2003".
8
159 Subsection 34(1) (note)
9
Repeal the note, substitute:
10
Note:
Part 4 of Chapter 3 of the Legislation Act 2003, which deals with
11
sunsetting of legislative instruments, does not apply to an order under
12
this subsection (see regulations made for the purposes of
13
subsection 54(2) of that Act).
14
160 Subsection 34(8)
15
Omit "Legislative Instruments Act 2003", substitute "Legislation Act
16
2003".
17
Radiocommunications Act 1992
18
161 Subsection 82(4)
19
Omit "Legislative Instruments Act 2003", substitute "Legislation Act
20
2003".
21
162 Paragraph 314A(5)(b)
22
Omit "Legislative Instruments Act 1997", substitute "Legislation Act
23
2003".
24
Telecommunications Act 1997
25
163 Paragraph 589(5)(b)
26
Omit "Legislative Instruments Act 1997", substitute "Legislation Act
27
2003".
28
Acts, legislative instruments and notifiable instruments Schedule 1
Amendments of other Acts Part 5
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
77
Trade Marks Act 1995
1
164 Subsection 6(3)
2
Omit "Legislative Instruments Act 2003", substitute "Legislation Act
3
2003".
4
165 Subsection 18(2)
5
Omit "Legislative Instruments Act 1995", substitute "Legislation Act
6
2003".
7
Schedule 1 Acts, legislative instruments and notifiable instruments
Part 6 References to the Legislative Instruments Act 2003
78
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
Part 6
--References to the Legislative Instruments
1
Act 2003
2
166 References to the Legislative Instruments Act 2003
3
(1)
A reference in a law of the Commonwealth in force immediately before
4
the commencement of this Schedule to the Legislative Instruments Act
5
2003, or a provision of that Act, listed in the following table has effect,
6
on and after the commencement of this Schedule, in accordance with
7
the table.
8
9
References to the Legislative Instruments Act 2003
Item
A reference to ...
is a reference to ...
1
the Legislative Instruments Act 2003
the Legislation Act 2003.
2
Part 5 of the Legislative Instruments
Act 2003
Part 2 of Chapter 3 of the
Legislation Act 2003.
3
Part 6 of the Legislative Instruments
Act 2003
Part 4 of Chapter 3 of the
Legislation Act 2003.
4
Any other provision of the
Legislative Instruments Act 2003
the provision of the Legislation Act
2003 that corresponds to the other
provision (whether or not the
provisions are identically
numbered).
(2)
Subitem (1) does not limit the effect of section 10 of the Acts
10
Interpretation Act 1901.
11
Note 1: Part 1 of this Schedule amends the Legislative Instruments Act 2003 to change the short
12
title of that Act to the Legislation Act 2003.
13
Note 2: Section 10 of the Acts Interpretation Act 1901 deals with references (in other Acts) to
14
Acts whose short title is changed. That section applies to other Commonwealth laws
15
(see section 46 of that Act and section 13 of the Legislation Act 2003).
16
Acts, legislative instruments and notifiable instruments Schedule 1
Application, savings and transitional Part 7
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
79
Part 7
--Application, savings and transitional
1
167 Application of amendments to instruments
--general
2
Subject to this Part, the amendments of Acts made by this Schedule
3
apply in relation to an instrument made before, on or after the
4
commencement of this Schedule.
5
168 Savings
--pre-commencement status of instruments and
6
ongoing effect of existing exemptions
7
Status of legislative instruments
8
(1)
An instrument made before the commencement of this Schedule that
9
was a legislative instrument under the Legislative Instruments Act 2003
10
is taken to continue to be a legislative instrument on and after that
11
commencement despite the amendments of that Act made by Part 1 of
12
this Schedule.
13
Status of non-legislative instruments
14
(2)
An instrument made before the commencement of this Schedule that
15
was not a legislative instrument under the Legislative Instruments Act
16
2003 immediately before the commencement of this Schedule is taken
17
to continue not to be a legislative instrument on and after that
18
commencement despite the amendments of that Act made by Part 1 of
19
this Schedule.
20
(3)
If, immediately before the commencement of this Schedule, a provision
21
of a legislative instrument required or permitted an instrument described
22
as not being a legislative instrument to be made, on and after that
23
commencement an instrument made under that provision is not a
24
legislative instrument.
25
Note:
Before the commencement of this Schedule, subsection 15AE(3) of the Acts
26
Interpretation Act 1901 (which is repealed by Part 5 of this Schedule) provided that if a
27
primary law (including an Act or a legislative instrument) provided for another
28
instrument to be made that was described as not being a legislative instrument, the other
29
instrument was not a legislative instrument.
30
The Legislation Act 2003, as that Act is amended by this Schedule, does not continue
31
the effect of this provision in the case of a primary law that is a legislative instrument
32
(see section 8 of that Act).
33
Schedule 1 Acts, legislative instruments and notifiable instruments
Part 7 Application, savings and transitional
80
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
Instruments may become legislative instruments by registration
1
(4)
Subitems (2) and (3) do not prevent an instrument becoming a
2
legislative instrument under subsection 8(3) of the Legislation Act 2003
3
by being registered as a legislative instrument after the commencement
4
of this Schedule.
5
Note:
The Legislative Instruments Act 2003 is renamed by this Act as the Legislation Act
6
2003.
7
169 Savings
--displacement of subsection 12(2) of the
8
Legislative Instruments Act 2003
9
(1)
This item applies to a provision of an Act (the displacing provision)
10
enacted before the commencement of this Schedule that, before that
11
commencement, had the effect of displacing the operation of
12
subsection 12(2) of the Legislative Instruments Act 2003 by enabling a
13
legislative instrument to be made that would commence before the date
14
of the registration of the instrument under that Act.
15
Example: Subsection 285(4) of the Australian Securities and Investments Commission Act 2001
16
provides that "Despite subsection 12(2) of the Legislative Instruments Act 2003,
17
regulations made for the purposes of this section may be expressed to take effect from a
18
date before the regulations are registered under that Act.". This is a displacing
19
provision.
20
(2)
On and after the commencement this Schedule, the displacing provision
21
is to be read as if it provided that subsection 12(2) of the Legislation Act
22
2003 does not apply in relation to the legislative instrument.
23
Note 1: The Legislative Instruments Act 2003 is renamed by this Act as the Legislation Act
24
2003.
25
Note 2: Generally, subsection 12(2) of that Act as amended by Part 1 of this Schedule provides
26
that a provision of a legislative instrument or notifiable instrument does not apply
27
retrospectively to the extent that it would have an adverse effect.
28
170 Application of amendments
--incorporation of material in
29
instruments
30
The amendments of section 14 of the Legislative Instruments Act 2003
31
made by Part 1 of this Schedule apply in relation to:
32
(a) a legislative instrument or notifiable instrument made on or
33
after the commencement of this Schedule that makes
34
provision in relation to any matter by applying, adopting or
35
incorporating the provisions of any document (an
36
incorporated document); and
37
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(b) an incorporated document other than a form, whether the
1
document was made, or has been amended, before, on or
2
after that commencement; and
3
(c) an incorporated document that is a form, if the document is
4
made on or after that commencement.
5
171 Application of amendments to instruments
--general
6
Paragraph 11(2)(a) of the Legislation Act 2003, as that Act is amended
7
by this Schedule, applies in relation to a commencement instrument
8
made on or after the commencement of this Schedule.
9
Note:
Paragraph 11(2)(a) of that Act provides that commencement instruments are notifiable
10
instruments. A Proclamation that provides solely for the commencement of an Act or a
11
provision of an Act is an example of a "commencement instrument".
12
Under paragraph 6(e) of the Legislative Instruments Act 2003, Proclamations made
13
before the commencement of this Schedule were declared to be legislative instruments
14
(though commencement Proclamations were not subject to disallowance: see the table
15
in subsection 44(2) of that Act).
16
172 Transitional
--lodgement of legislative instruments,
17
compilations and explanatory statements for
18
registration
19
(1)
If, immediately before the commencement of this Schedule, a
20
legislative instrument, or a compilation of a legislative instrument, had
21
been lodged for registration under the Legislative Instruments Act 2003,
22
but had not been registered, that Act, as amended by Part 2 of this
23
Schedule, applies in relation to the instrument or compilation as if it had
24
been lodged for registration as a legislative instrument or compilation
25
under that Act as so amended.
26
(2)
If, immediately before the commencement of this Schedule, an
27
explanatory statement had been lodged for registration under the
28
Legislative Instruments Act 2003, but had not been registered, that Act,
29
as amended by Part 2 of this Schedule, applies in relation to the
30
statement as if it had been lodged for registration as an explanatory
31
statement for a legislative instrument under that Act as so amended.
32
173 Transitional
--Federal Register of Legislation
33
Registration of Acts and compilations
34
(1)
An Act or a compilation of an Act in an Acts database under section 4
35
of the Acts Publication Act 1905 immediately before the
36
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commencement of this Schedule is taken to be registered on and after
1
that commencement as an Act or a compilation of an Act on the Federal
2
Register of Legislation.
3
Registration of legislative instruments, compilations, explanatory
4
statements and other documents or information
5
(2)
A legislative instrument, a compilation of a legislative instrument or an
6
explanatory statement that was registered on the Federal Register of
7
Legislative Instruments under the Legislative Instruments Act 2003
8
immediately before the commencement of this Schedule is taken to be
9
registered as follows:
10
(a) for a legislative instrument or compilation--the instrument or
11
compilation is taken to be registered on the Federal Register
12
of Legislation as a legislative instrument or a compilation of
13
a legislative instrument;
14
(b) for an explanatory statement for a legislative instrument--the
15
explanatory statement is taken to be registered on the Federal
16
Register of Legislation as an explanatory statement for the
17
instrument.
18
(3)
A document relating to a legislative instrument containing information
19
that was included in the Federal Register of Legislative Instruments
20
under section 21 of the Legislative Instruments Act 2003 immediately
21
before the commencement of this Schedule is taken to be registered on
22
the Federal Register of Legislation on and after that commencement.
23
Note:
Under section 21 of that Act, information relating to legislative instruments was able to
24
be included in the Federal Register of Legislative Instruments. Subitem (3) would
25
provide that documents containing such information are taken to be registered on the
26
Federal Register of Legislation.
27
174 Application of amendments
--gazettal and other
28
publication requirements
29
Section 56 of the Legislation Act 2003, as that Act is amended by Part 3
30
of this Schedule, applies in relation to:
31
(a) a primary law or enabling legislation whether the primary
32
law or enabling legislation is enacted or made before, on or
33
after the commencement of this Schedule; and
34
(b) an instrument made on or after the commencement of this
35
Schedule.
36
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175 Saving
--repeal of the Ordinances and Regulations
1
(Notification) Act 1972
2
Despite the repeal of the Ordinances and Regulations (Notification) Act
3
1972 by Part 4 of this Schedule, that Act continues to apply in relation
4
to the publication in the Gazette, before the commencement of that Act,
5
of a form of words mentioned in subsection 3(1) of that Act.
6
176 Application of amendments of the Acts Interpretation Act
7
1901
--definition of Proclamation
8
The definition of Proclamation in section 2B of the Acts Interpretation
9
Act 1901, as that Act is amended by Part 5 of this Schedule, is taken to
10
include a Proclamation by the Governor-General that was published in
11
the Gazette before the commencement of this Schedule.
12
177 Application of amendments of the Acts Interpretation Act
13
1901
--citation of Acts and instruments
14
Subsection 40(1A) of the Acts Interpretation Act 1901, as that Act is
15
amended by Part 5 of this Schedule, applies in relation to an Act,
16
instrument or document (the citing Act, instrument or document) that
17
cites an Act or legislative instrument:
18
(a) whether the citing Act, instrument or document was enacted,
19
made or executed before, on or after the commencement of
20
this Schedule; and
21
(b) whether the Act or legislative instrument cited was enacted or
22
made before, on or after the commencement of this Schedule.
23
178 Application of amendments of the Acts Interpretation Act
24
1901
--incorporation of material in non-legislative
25
instruments
26
The amendments of section 46AA of the Acts Interpretation Act 1901
27
made by Part 5 of this Schedule apply in relation to:
28
(a) an instrument made on or after the commencement of this
29
Schedule that makes provision in relation to any matter by
30
applying, adopting or incorporating the provisions of any
31
document (an incorporated document); and
32
(b) an incorporated document other than a form, whether the
33
document was made, or has been amended, before, on or
34
after that commencement; and
35
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(c) an incorporated document that is a form, if the document is
1
made on or after that commencement.
2
179 Saving and transitional
--repeal of section 46B of the
3
Acts Interpretation Act 1901
4
(1)
This item applies in relation to an instrument to which section 46B of
5
the Acts Interpretation Act 1901 applied that was in force immediately
6
before the commencement of this Schedule.
7
(2)
Despite the repeal of section 46B of the Acts Interpretation Act 1901 by
8
Part 2 of this Schedule:
9
(a) that section, and the Legislative Instruments Act 2003 (as
10
applied by that section), continue to apply in relation to the
11
instrument as in force immediately before the
12
commencement of this Schedule; and
13
(b) the instrument continues in force on and after that
14
commencement, subject to:
15
(i) the Act under which the instrument was made; and
16
(ii) section 46B of the Acts Interpretation Act 1901, as
17
applied by paragraph (a).
18
(3)
The rule-maker for the instrument may lodge the instrument for
19
registration as a legislative instrument under the Legislation Act 2003
20
on or after the commencement of this Schedule.
21
(4)
If the instrument is lodged for registration under subitem (3), the First
22
Parliamentary Counsel must register the instrument under that Act as a
23
legislative instrument.
24
(5)
If the instrument is registered under subitem (4):
25
(a) the requirements of Part 2 of Chapter 3 of the Legislation Act
26
2003 (which deals with parliamentary scrutiny) are taken to
27
have been satisfied in relation to the instrument; and
28
(b) that Act otherwise applies to the instrument in the same way
29
that it would in relation to any other legislative instrument
30
registered at that time.
31
Note:
Section 46B of the Acts Interpretation Act 1901 provided a notice and parliamentary
32
scrutiny regime for some instruments that were declared not to be legislative
33
instruments.
34
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85
Schedule 2
--Machinery of government
1
changes
2
Part 1
--Acts Interpretation Act 1901
3
1 Section 1A
4
Omit:
5
(d)
sections 19 to 19C (which deal with references to
6
Ministers, Departments and Secretaries of Departments
7
and with administrative changes in the operation of the
8
Commonwealth Government).
9
substitute:
10
(d)
sections 19 to 20 (which deal generally with references
11
to Ministers and Departments in Acts, and with the
12
effect of machinery of government changes on
13
references to Ministers and Departments and other
14
authorities in Acts and Commonwealth agreements).
15
2 Section 2B
16
Insert:
17
Administrative Arrangements Order:
18
(a) means an instrument (a primary AAO) made by the
19
Governor-General that is described as an Administrative
20
Arrangements Order; and
21
(b) includes an instrument made by the Governor-General that:
22
(i) amends a primary AAO; or
23
(ii) revokes a primary AAO and substitutes a new primary
24
AAO.
25
Note:
The Administrative Arrangements Order sets out, from time to time,
26
the matters dealt with by Departments of State of the Commonwealth
27
together with the legislation administered by the Ministers for those
28
Departments.
29
3 Sections 19, 19A, 19B, 19BA, 19BAA, 19BB, 19BC, 19BD,
30
19C and 20
31
Repeal the sections, substitute:
32
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19 References to Ministers in Acts
1
(1) If a provision of an Act refers to a Minister, the following table
2
provides which Minister the provision refers to in relation to a
3
particular matter (the relevant matter) on a particular day (the
4
relevant day).
5
6
References to Ministers in Acts
If the provision ...
then the Minister referred to is ...
1
refers to a Minister by using the
expression "the Minister", without
identifying the Minister
the Minister, or any of the Ministers,
administering the provision on the
relevant day, in relation to the
relevant matter.
2
refers to a Minister by reference to the
fact that the Minister administers any of
the following laws:
(a) the Act, that provision or another
provision of the Act;
(b) another Act, or a provision of
another Act
the Minister, or any of the Ministers,
administering that law on the
relevant day, in relation to the
relevant matter.
3
refers to a Minister by title (for
example, "the Attorney-General" or "the
Minister for Industry"), even if that title
no longer exists
(a) if, at the time the provision
commenced, or the reference to
the Minister was inserted, the
Minister referred to by title
administered the provision--the
Minister, or any of the Ministers,
identified by item 1; or
(b) if paragraph (a) does not apply--
the Minister currently identified
by the title, or by a substituted
reference order under
section 19B; or
(c) in any case--any other Minister
administering the Department of
State of the Commonwealth that
deals with the matters for which
the Minister mentioned in
paragraph (a) or (b) (as the case
may be) is responsible on the
relevant day.
4
refers to a Minister by describing a
the Minister, or any of the Ministers,
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87
References to Ministers in Acts
If the provision ...
then the Minister referred to is ...
matter for which the Minister is
responsible (for example, "the Minister
responsible for the environment")
administering the Department of
State of the Commonwealth that
deals with the relevant matter on the
relevant day.
(2) Instruments including the following, as in force on the relevant
1
day, or any earlier day, may be used to work out which Minister
2
(or Ministers) is referred to under subsection (1):
3
(a) an Administrative Arrangements Order;
4
(b) a substituted reference order under section 19B.
5
Note:
Substituted reference orders under section 19B may have effect
6
in relation to days before the orders are made.
7
(3) To avoid doubt, if, because of this section, a provision of an Act is
8
taken to require anything to be done by or in relation to any one of
9
2 or more Ministers, the provision is not taken to require it to be
10
done in any particular case by or in relation to more than one of
11
those Ministers.
12
Acting Ministers
13
(4) If a provision of an Act refers to a Minister, the reference is taken
14
to include a reference to a Minister or member of the Executive
15
Council for the time being acting for or on behalf of the Minister.
16
19A References to Departments in Acts
17
(1) If a provision of an Act refers to a Department, the following table
18
provides which Department the provision refers to in relation to a
19
particular matter (the relevant matter) on a particular day (the
20
relevant day).
21
22
References to Departments in Acts
Item
If the provision ...
then the Department is ...
1
refers to a Department by using the
expression "the Department",
without identifying the Department
the Department of State of the
Commonwealth that is administered
by the Minister or Ministers
administering that provision in
relation to the relevant matter, and
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References to Departments in Acts
Item
If the provision ...
then the Department is ...
that deals with that matter.
2
refers to a Department by title (for
example, "the Attorney-General's
Department" or "the Department of
Industry"), even if that title no
longer exists
(a) if, at the time the provision
commenced, or the reference to
the Department was inserted, the
Department referred to by title
was administered by the Minister
or Ministers administering that
provision in relation to the
relevant matter--the Department
identified by item 1; or
(b) if paragraph (a) does not apply--
the Department of State of the
Commonwealth identified by the
title, or by a substituted reference
order under section 19B; or
(c) in any case--any other
Department of State of the
Commonwealth that deals with
the matters for which the
Department mentioned in
paragraph (a) or (b) (as the case
may be) is responsible on the
relevant day.
3
refers to a Department by describing
a matter for which the Department is
responsible (for example, "the
Department responsible for the
environment")
the Department of State of the
Commonwealth that deals with the
relevant matter on the relevant day.
Example: A provision of an Act refers to "the Secretary of the Department" but
1
does not identify which Department is referred to. Under item 1, the
2
reference is to the Secretary of the Department administered by the
3
Minister who administers that provision in relation to the relevant
4
matter, and that deals with that matter, as worked out under
5
subsection (2).
6
(2) Instruments including the following, as in force on the relevant
7
day, or any earlier day, may be used to work out which Department
8
is identified by the table in subsection (1):
9
(a) an Administrative Arrangements Order;
10
(b) a substituted reference order under section 19B.
11
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89
Note:
Substituted reference orders under section 19B may have effect
1
in relation to days before the orders are made.
2
19B Machinery of government--substituted reference orders
3
Scope
4
(1) This section applies if:
5
(a) a provision of an Act refers to an authority (see
6
subsection (7)); and
7
(b) any of the following happens:
8
(i) the authority is abolished;
9
(ii) the name or title of the authority is changed;
10
(iii) there is a change in the matters dealt with by the
11
authority because of the effect of an Administrative
12
Arrangements Order;
13
(iv) the reference to the authority becomes no longer
14
appropriate for any other reason.
15
Substituted reference orders--Ministers, Departments, Agencies
16
and offices
17
(2) The Governor-General may make a substituted reference order
18
directing that the provision is to have effect for all purposes, on
19
and after a day specified in the order:
20
(a) as if there were substituted, for the reference to the authority
21
mentioned in subsection (1), a reference to another specified
22
authority (or authorities); or
23
(b) as if, in so far as the provision applies in a particular respect
24
specified in the order, there were substituted, for the
25
reference to the authority mentioned in subsection (1), a
26
reference to another specified authority (or authorities).
27
Note:
A substituted reference order may be amended or revoked in the same
28
way as it is made (see subsection 33(3)).
29
(3) The day specified in the order (as the day on and after which the
30
order is to have effect) may be a day before the order is made.
31
(4) A substituted reference order has effect according to its terms.
32
Note:
The order has effect for the purpose of the making of any subsequent
33
order under this section.
34
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(5) A substituted reference order is a legislative instrument.
1
Authority abolished and another established with the same name
2
(6) A substituted reference order must not be made only because an
3
authority is abolished, and, immediately after its abolition, another
4
authority of the same type, with the same name, is established.
5
Note:
However, a substituted reference order may be made if either of the
6
following happens in relation to the authority;
7
(a) there is a change in the matters dealt with by the authority
8
because of the effect of an Administrative Arrangements Order
9
(see subparagraph (1)(b)(iii));
10
(b) a reference to the authority becomes no longer appropriate for
11
any other reason (see subparagraph (1)(b)(iv)).
12
Definition of authority
13
(7) In this section:
14
authority means any of the following:
15
(a) a Minister;
16
(b) a Department of State of the Commonwealth;
17
(c) any other Agency within the meaning of the Public Service
18
Act 1999;
19
(d) an office (including an APS employee's office and any other
20
appointment or position), or the holder of an office.
21
Note:
Offices are offices in and for the Commonwealth (see section 21). An
22
example is the office of Secretary of a Department of State.
23
19C Machinery of government--references to authorities in
24
Commonwealth agreements
25
Scope
26
(1) This section applies if:
27
(a) a provision of an agreement entered into by or on behalf of
28
the Commonwealth refers to an authority (see subsection (6))
29
in relation to a particular matter (the relevant matter); and
30
(b) any of the following happens after the agreement was entered
31
into:
32
(i) the authority is abolished;
33
(ii) the name or title of the authority is changed;
34
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91
(iii) there is a change in the matters dealt with by the
1
authority because of the effect of an Administrative
2
Arrangements Order;
3
(iv) the reference to the authority becomes no longer
4
appropriate for any other reason.
5
References to authorities in Commonwealth agreements
6
(2) The following table provides which authority the provision of the
7
agreement is taken to refer to in relation to the relevant matter on a
8
particular day (the relevant day) after the most recent event
9
mentioned in paragraph (1)(b).
10
11
References to authorities in Commonwealth agreements
Item
If the provision refers to ...
then the provision is taken to refer
to ...
1
a Minister
the Minister, or any of the Ministers,
administering the Department of
State of the Commonwealth that
deals with the relevant matter on the
relevant day.
2
a Department
the Department of State of the
Commonwealth that deals with the
relevant matter on the relevant day.
3
any other authority (the relevant
authority)
an authority (including the relevant
authority):
(a) exercising the powers, or
performing the functions, of the
relevant authority on the relevant
day; or
(b) determined under subsection (4).
(3) The following instruments, as in force on the relevant day, or any
12
earlier day, may be used to work out which authority is taken to be
13
referred to under subsection (2):
14
(a) an Administrative Arrangements Order;
15
(b) a substituted reference order under section 19B.
16
Note:
Substituted reference orders under section 19B may have effect
17
in relation to days before the orders are made.
18
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(4) The Minister administering the Department of State of the
1
Commonwealth that deals with the relevant matter may, by
2
notifiable instrument, make a determination for the purposes of
3
item 3 of the table in subsection (2).
4
Note 1:
A determination may be amended or revoked in the same way as it is
5
made (see subsection 33(3)).
6
Note 2:
Notifiable instruments must be registered under the Legislation Act
7
2003, but they are not subject to parliamentary scrutiny or sunsetting
8
under that Act.
9
(5) To avoid doubt, if, because of this section, a provision of an
10
agreement entered into by or on behalf of the Commonwealth is
11
taken to require anything to be done by or in relation to any one of
12
2 or more Ministers, the provision is not taken to require it to be
13
done in any particular case by or in relation to more than one of
14
those Ministers.
15
Definition of authority
16
(6) In this section:
17
authority means any of the following:
18
(a) a Minister;
19
(b) a Department of State of the Commonwealth;
20
(c) any other Agency within the meaning of the Public Service
21
Act 1999;
22
(d) an office (including an APS employee's office and any other
23
appointment or position), or the holder of an office.
24
Note:
Offices are offices in and for the Commonwealth (see section 21). An
25
example is the office of Secretary of a Department of State.
26
19D Machinery of government changes--saving the validity of acts
27
done by authorities
28
Saving the validity of acts done by authorities
29
(1) The purported exercise or performance of a power, function or
30
duty by or on behalf of an authority (see subsection (5)) is not
31
invalid merely because, following a machinery of government
32
change, the power, function or duty:
33
(a) is conferred or imposed on another authority; or
34
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Acts and Instruments (Framework Reform) Bill 2014
93
(b) is conferred or imposed on the same authority under another
1
name or title; or
2
(c) is no longer conferred or imposed on any authority.
3
(2) Subsection (1) only applies if the authority acted on the basis of a
4
reasonable, but mistaken, belief about the occurrence, timing or
5
nature of the machinery of government change.
6
Machinery of government change
7
(3) For the purposes of this section, a machinery of government
8
change occurs if any of the following applies in relation to an
9
authority:
10
(a) the authority is abolished;
11
(b) the name or title of the authority is changed;
12
(c) there is a change in the matters dealt with by the authority
13
because of the effect of an Administrative Arrangements
14
Order;
15
(d) the authority no longer exercises or performs the power,
16
function or duty for any other reason.
17
Powers, functions and duties
18
(4) This section applies in relation to a power, function or duty
19
purportedly exercised or performed by or on behalf of an authority,
20
whether before or after the machinery of government change,
21
under any of the following:
22
(a) an Act or legislative instrument;
23
(b) an agreement entered into by or on behalf of the
24
Commonwealth;
25
(c) any other authorisation under a law of the Commonwealth.
26
Definition of authority
27
(5) In this section:
28
authority means any of the following persons or bodies:
29
(a) a Minister;
30
(b) a Department of State of the Commonwealth;
31
(c) any other Agency within the meaning of the Public Service
32
Act 1999;
33
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(d) an office (including an APS employee's office and any other
1
appointment or position), or the holder of an office.
2
Note:
Offices are offices in and for the Commonwealth (see section 21). An
3
example is the office of Secretary of a Department of State.
4
20 References to holders of appointments, offices and positions in
5
Acts and Commonwealth agreements
6
In a provision of an Act, or of an agreement entered into by or on
7
behalf of the Commonwealth, a reference in general terms to the
8
holder or occupier of an office, appointment or position includes
9
all persons who for the time being:
10
(a) hold or occupy the office, appointment or position; or
11
(b) perform the duties of the office, appointment or position.
12
Machinery of government changes Schedule 2
Application and transitional Part 2
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
95
Part 2
--Application and transitional
1
4 Application of amendments
--Schedule 2
2
The amendments of the Acts Interpretation Act 1901 made by Part 1 of
3
this Schedule apply in relation to an Act or instrument made before, on
4
or after the commencement of this Schedule, subject to this Part.
5
5 Transitional
--substituted reference orders
6
An order under section 19B or 19BA of the Acts Interpretation Act
7
1901 that was in force immediately before the commencement of this
8
Schedule continues in force on and after that commencement (subject to
9
that Act as amended by the amendments in Part 1 of this Schedule) as if
10
the order had been made by the Governor-General under section 19B of
11
that Act as that Act is amended by this Schedule.
12
6 Application and saving
--references to authorities in
13
Commonwealth agreements
14
(1)
Section 19C of the Acts Interpretation Act 1901, as that Act is amended
15
by this Schedule, applies in relation to an agreement entered into by or
16
on behalf of the Commonwealth on or after the commencement of this
17
Schedule.
18
(2)
Despite the repeal of section 19C of the Acts Interpretation Act 1901 by
19
this Act:
20
(a) that section continues to apply in relation to an agreement
21
entered into by or on behalf of the Commonwealth before the
22
commencement of this Schedule; and
23
(b) an order under subparagraph 19C(1)(c)(ii) of the Acts
24
Interpretation Act 1901 that was in force immediately before
25
that commencement in relation to such an agreement
26
continues to apply on and after that commencement, subject
27
to that section (as applied under paragraph (a) of this
28
subitem).
29
Note:
Section 19C of the Acts Interpretation Act 1901, and new section 19C of that Act as
30
amended by this Schedule, deal with references in Commonwealth agreements to a
31
Department, Minister, officer or other body.
32
Schedule 2 Machinery of government changes
Part 2 Application and transitional
96
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
7 Application
--new section 19D
1
Section 19D of the Acts Interpretation Act 1901, as amended by this
2
Schedule, applies:
3
(a) in relation to a purported exercise or performance of a power,
4
function or duty under an agreement entered into by or on
5
behalf of the Commonwealth on or after the commencement
6
of this Schedule; and
7
(b) in relation to a purported exercise or performance of a power,
8
function or duty that occurs on or after the commencement of
9
this Schedule.
10
Updating references to instruments Schedule 3
Repeal of Act Part 1
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
97
Schedule 3
--Updating references to
1
instruments
2
Part 1
--Repeal of Act
3
Legislative Instruments (Transitional Provisions and
4
Consequential Amendments) Act 2003
5
1 The whole of the Act
6
Repeal the Act.
7
Schedule 3 Updating references to instruments
Part 2 Amendments of Acts
98
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
Part 2
--Amendments of Acts
1
Aboriginal and Torres Strait Islanders (Queensland Reserves
2
and Communities Self-management) Act 1978
3
2 Subsections 10(5), (5A), (6) and (7)
4
Repeal the subsections, substitute:
5
(5) For the purposes of the Legislation Act 2003, a by-law made by the
6
Council and approved by the Minister is a legislative instrument
7
made by the Minister on the day the by-law is approved.
8
Note:
A by-law made by the Council and approved by the Minister is stated
9
to be a legislative instrument made by the Minister so that the Minister
10
may perform the functions of a rule-maker in relation to the
11
instrument under the Legislation Act 2003. For example, under that
12
Act a rule-maker for a legislative instrument is required to lodge the
13
instrument (and any amendments and compilations of the instrument)
14
for registration under that Act.
15
Aboriginal Land Grant (Jervis Bay Territory) Act 1986
16
3 Subsections 52A(11), (12), (13) and (14)
17
Repeal the subsections, substitute:
18
(11) For the purposes of the Legislation Act 2003, a by-law made by the
19
Council and received by the Minister is a legislative instrument
20
made by the Minister on the day the by-law is received.
21
Note:
A by-law made by the Council and received by the Minister is stated
22
to be a legislative instrument made by the Minister so that the Minister
23
may perform the functions of a rule-maker in relation to the
24
instrument under the Legislation Act 2003. For example, under that
25
Act a rule-maker for a legislative instrument is required to lodge the
26
instrument (and any amendments and compilations of the instrument)
27
for registration under that Act.
28
Aboriginal Land (Lake Condah and Framlingham Forest)
29
Act 1987
30
4 Subsections 15(6), (7), (8) and (9)
31
Repeal the subsections, substitute:
32
Updating references to instruments Schedule 3
Amendments of Acts Part 2
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
99
(6) For the purposes of the Legislation Act 2003, a by-law made by the
1
Kerrup-Jmara Elders Aboriginal Corporation and received by the
2
Minister is a legislative instrument made by the Minister on the
3
day the by-law is received.
4
Note:
A by-law made by the Corporation and received by the Minister is
5
stated to be a legislative instrument made by the Minister so that the
6
Minister may perform the functions of a rule-maker in relation to the
7
instrument under the Legislation Act 2003. For example, under that
8
Act a rule-maker for a legislative instrument is required to lodge the
9
instrument (and any amendments and compilations of the instrument)
10
for registration under that Act.
11
5 Subsections 23(6), (7), (8) and (9)
12
Repeal the subsections, substitute:
13
(6) For the purposes of the Legislation Act 2003, a by-law made by the
14
Kirrae Whurrong Aboriginal Corporation and received by the
15
Minister is a legislative instrument made by the Minister on the
16
day the by-law is received.
17
Note:
A by-law made by the Corporation and received by the Minister is
18
stated to be a legislative instrument made by the Minister so that the
19
Minister may perform the functions of a rule-maker in relation to the
20
instrument under the Legislation Act 2003. For example, under that
21
Act a rule-maker for a legislative instrument is required to lodge the
22
instrument (and any amendments and compilations of the instrument)
23
for registration under that Act.
24
Australian Broadcasting Corporation Act 1983
25
6 Subsection 27(5)
26
Omit "by notice in the Gazette", substitute "under subsection (6)".
27
7 Subsection 27(6)
28
Repeal the subsection, substitute:
29
(6) The Minister may, by legislative instrument, specify a service for
30
the purposes of subsection (5).
31
Schedule 3 Updating references to instruments
Part 2 Amendments of Acts
100
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
Australian Institute of Aboriginal and Torres Strait Islander
1
Studies Act 1989
2
8 Paragraphs 45(1)(b) and (c)
3
Omit ", in writing,", substitute "under subsection (2)".
4
9 Subsection 45(2)
5
Repeal the subsection, substitute:
6
(2) For the purposes of paragraph (1)(b) or (c), the Minister may, by
7
notifiable instrument, determine remuneration or allowances to be
8
paid to the holder of an office.
9
Note:
Notifiable instruments must be registered under the Legislation Act
10
2003, but they are not subject to parliamentary scrutiny or sunsetting
11
under that Act.
12
10 Subsection 48(2)
13
Repeal the subsection, substitute:
14
(2) Rules made under this section are not legislative instruments.
15
Australian Radiation Protection and Nuclear Safety Act 1998
16
11 Subsection 7(2)
17
Omit "declare by notice in writing", substitute "by legislative
18
instrument, declare".
19
12 Subsection 7(4)
20
Repeal the subsection.
21
13 Subsection 8(2)
22
Omit "declare by notice in writing", substitute "by legislative
23
instrument, declare".
24
14 Subsection 8(4)
25
Repeal the subsection.
26
Updating references to instruments Schedule 3
Amendments of Acts Part 2
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
101
Broadcasting Services Act 1992
1
15 Subsection 6(1) (paragraph (c) of the definition of
2
broadcasting service)
3
Omit "by notice in the Gazette,", substitute "under subsection (2),".
4
16 Subsection 6(2)
5
Repeal the subsection, substitute:
6
(2) For the purposes of paragraph (c) of the definition of broadcasting
7
service in subsection (1), the Minister may, by legislative
8
instrument, determine that a service, or a class of services, does not
9
fall within that definition.
10
17 Subsection 13(3)
11
Omit "by notice in the Gazette", substitute "under subsection (4)".
12
18 Subsection 13(4)
13
Repeal the subsection, substitute:
14
(4) The Minister may, by legislative instrument, specify services for
15
the purposes of subsection (3).
16
19 Subsection 19(1)
17
Omit "by notice in the Gazette", substitute "by legislative instrument".
18
20 Section 20
19
Repeal the section.
20
21 Subsection 31(1)
21
Omit "notify the ACMA in writing", substitute ", by legislative
22
instrument, notify the ACMA".
23
22 Section 32
24
Repeal the section.
25
23 Subsection 38B(14)
26
Omit "writing", substitute "legislative instrument".
27
Schedule 3 Updating references to instruments
Part 2 Amendments of Acts
102
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
24 Subsection 38B(16)
1
Repeal the subsection.
2
25 Subsections 87A(6), (7) and (8)
3
Omit "written determination", substitute "legislative instrument".
4
26 Subsection 87A(11)
5
Repeal the subsection.
6
27 Subsection 115(1)
7
Omit ", by notice published in the Gazette, specify", substitute "give
8
notice, by legislative instrument, specifying".
9
28 Subsection 115(1A)
10
Omit ", by notice published in the Gazette, amend", substitute "give
11
notice, by legislative instrument, amending".
12
29 Subsection 115(1AA)
13
Omit "publishes in the Gazette before that time a declaration",
14
substitute ", by legislative instrument registered under the Legislation
15
Act 2003 before that time, declares".
16
30 Subsection 115(1AB)
17
Omit "publish", substitute "make".
18
31 Subsection 115(1B)
19
Omit "publishes in the Gazette before that time a declaration",
20
substitute ", by legislative instrument registered under the Legislation
21
Act 2003 before that time, declares".
22
32 Subsection 115(2)
23
Omit ", by notice published in the Gazette, amend", substitute "give
24
notice, by legislative instrument, amending".
25
33 Subsection 115(3)
26
Repeal the subsection.
27
Updating references to instruments Schedule 3
Amendments of Acts Part 2
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
103
34 Section 117
1
Omit "by notice published in the Gazette,", substitute "by legislative
2
instrument,".
3
35 Subsection 120(1)
4
Omit "by notice published in the Gazette", substitute "by legislative
5
instrument".
6
36 Section 121
7
Repeal the section.
8
37 Subsection 121FP(1)
9
Omit "formulate written", substitute ", by legislative instrument,
10
formulate".
11
38 Subsection 121FP(3)
12
Repeal the subsection.
13
39 Section 146A
14
Omit "make a disallowable instrument designating", substitute ", by
15
legislative instrument, designate".
16
40 Subsections 146C(1) and (2)
17
Omit "by writing", substitute "by legislative instrument".
18
41 Subsection 146C(7)
19
Repeal the subsection.
20
42 Subsections 146CA(1) and (2)
21
Omit "by writing", substitute "by legislative instrument".
22
43 Subsection 146CA(5)
23
Repeal the subsection.
24
44 Subsection 146CA(6)
25
Repeal the subsection (not including the note).
26
Schedule 3 Updating references to instruments
Part 2 Amendments of Acts
104
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
45 Subsections 212B(1), (2), (3) and (4)
1
Omit "writing", substitute "legislative instrument".
2
46 Subsection 212B(6)
3
Repeal the subsection (not including the note).
4
47 Subclauses 3(3) and (4) of Schedule 6
5
Omit "make a written", substitute ", by legislative instrument, make a".
6
48 Subclause 3(6) of Schedule 6
7
Repeal the subclause.
8
49 Subclause 3(7) of Schedule 6
9
Repeal the subclause (not including the note).
10
50 Subclauses 4(3) and (4) of Schedule 6
11
Omit "make a written", substitute ", by legislative instrument, make a".
12
51 Subclause 4(6) of Schedule 6
13
Repeal the subclause.
14
52 Subclause 4(7) of Schedule 6
15
Repeal the subclause (not including the note).
16
53 Subclauses 13(4) and (5) of Schedule 6
17
Omit "make a written", substitute ", by legislative instrument, make a".
18
54 Subclause 13(7) of Schedule 6
19
Repeal the subclause.
20
55 Subclause 13(8) of Schedule 6
21
Repeal the subclause (not including the note).
22
56 Subclauses 15(4) and (5) of Schedule 6
23
Omit "make a written", substitute ", by legislative instrument, make a".
24
57 Subclause 15(7) of Schedule 6
25
Repeal the subclause.
26
Updating references to instruments Schedule 3
Amendments of Acts Part 2
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
105
58 Subclause 15(8) of Schedule 6
1
Repeal the subclause (not including the note).
2
59 Subclauses 21(4) and (5) of Schedule 6
3
Omit "make a written", substitute ", by legislative instrument, make a".
4
60 Subclause 21(7) of Schedule 6
5
Repeal the subclause.
6
61 Subclause 21(8) of Schedule 6
7
Repeal the subclause (not including the note).
8
62 Subclause 27(1) of Schedule 6
9
Omit "written", substitute "legislative".
10
63 Subclause 27(3) of Schedule 6
11
Repeal the subclause.
12
64 Subclause 31(1) of Schedule 6
13
Omit "in writing", substitute "by legislative instrument".
14
65 Subclause 31(2) of Schedule 6
15
Omit "notice in writing", substitute "legislative instrument".
16
66 Subclause 31(3) of Schedule 6
17
Repeal the subclause.
18
Commerce (Trade Descriptions) Act 1905
19
67 Subsection 5(5)
20
Omit "disallowable instrument for the purposes of section 46A of the
21
Acts Interpretation Act 1901", substitute "legislative instrument".
22
Competition and Consumer Act 2010
23
68 Subsection 151BUAA(1)
24
Omit "give written directions", substitute ", by legislative instrument,
25
give a direction".
26
Schedule 3 Updating references to instruments
Part 2 Amendments of Acts
106
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
69 Subsections 151BUAA(1B) and (1C)
1
Omit "give a written direction", substitute ", by legislative instrument,
2
give a direction".
3
70 Subsection 151BUAA(4)
4
Repeal the subsection.
5
71 Subsections 151CMA(1), (2) and (3)
6
Omit "written".
7
72 Subsection 151CMA(6)
8
Repeal the subsection, substitute:
9
(6) The Minister may, by legislative instrument, make a determination
10
for the purposes of subsection (1), (2) or (3).
11
73 Subsections 151CMB(1) and (2)
12
Omit "written".
13
74 Subsection 151CMB(4)
14
Repeal the subsection, substitute:
15
(4) The Minister may, by legislative instrument, make a determination
16
for the purposes of subsection (1) or (2).
17
75 Section 151CMC
18
Omit "determination under", substitute "determination made for the
19
purposes of".
20
Customs Act 1901
21
76 Subsection 4A(2)
22
Repeal the subsection.
23
77 Section 269SL
24
Repeal the section.
25
Updating references to instruments Schedule 3
Amendments of Acts Part 2
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
107
78 Subsection 269TA(1)
1
Omit "give to the Commissioner such written directions", substitute ",
2
by legislative instrument, give to the Commissioner such directions".
3
79 Subsections 269TA(3) and (4)
4
Repeal the subsections.
5
Defence (Visiting Forces) Act 1963
6
80 Section 29
7
Repeal the section.
8
Environment Protection and Biodiversity Conservation Act
9
1999
10
81 Subsection 40(4)
11
Omit "declare in writing", substitute ", by legislative instrument,
12
declare".
13
82 Subsection 40(5)
14
Repeal the subsection.
15
83 Subsection 178(1)
16
Omit "by instrument published in the Gazette", substitute "by
17
legislative instrument".
18
84 Subsection 181(1)
19
Omit "by instrument published in the Gazette", substitute "by
20
legislative instrument".
21
85 Subsection 181(5)
22
Repeal the subsection, substitute:
23
(5) To avoid doubt, the instrument first establishing the list under
24
subsection (1) is not taken to have been a legislative instrument.
25
Note:
When the list was first established, it was required to be established by
26
instrument published in the Gazette.
27
Schedule 3 Updating references to instruments
Part 2 Amendments of Acts
108
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
86 Subsection 183(1)
1
Omit "by instrument published in the Gazette", substitute "by
2
legislative instrument".
3
87 Subsection 193(1)
4
Omit "by instrument published in the Gazette", substitute "by
5
legislative instrument".
6
88 Subsection 193(3)
7
Repeal the subsection.
8
89 Paragraph 194(b)
9
Omit "an up-to-date copy", substitute "up-to-date copies".
10
90 Subsection 248(1)
11
Omit "by instrument published in the Gazette", substitute "by
12
legislative instrument".
13
91 Subsection 249(1)
14
Repeal the subsection, substitute:
15
(1) Subject to this Subdivision, the Minister may, by legislative
16
instrument, amend the list by:
17
(a) including or deleting items from the list; or
18
(b) correcting an inaccuracy or updating the name of a marine
19
species.
20
92 Subsections 249(2) and (3)
21
Repeal the subsections, substitute:
22
(2) Amendments of a list that delete items from the list take effect on
23
the first day the amendments are no longer liable to be disallowed,
24
or to be taken to have been disallowed, under section 42 of the
25
Legislation Act 2003.
26
(3) Section 42 (disallowance) of the Legislation Act 2003 does not
27
apply to a legislative instrument to which paragraph (1)(b) of this
28
section applies.
29
Updating references to instruments Schedule 3
Amendments of Acts Part 2
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
109
93 Subsection 249(4)
1
Omit "section 48 of the Acts Interpretation Act 1901", substitute "Part 2
2
of Chapter 3 of the Legislation Act 2003".
3
94 Subsection 249(5)
4
Omit "an instrument", substitute "an amendment under subsection (1)".
5
95 Paragraph 251(2)(b)
6
Omit "cause the necessary instrument to be published in the Gazette",
7
substitute "amend the list accordingly under subsection 249(1)".
8
96 Paragraph 251(3)(b)
9
Repeal the paragraph, substitute:
10
(b) relates to an addition or deletion included in an amendment
11
of the list that has already been registered as a legislative
12
instrument under the Legislation Act 2003.
13
97 At the end of section 251
14
Add:
15
Note:
Amendments of the list to add or delete an item are legislative
16
instruments (see section 249).
17
98 Subsections 303CA(1) and (9)
18
Omit "by instrument published in the Gazette", substitute "by
19
legislative instrument".
20
99 Subsection 303CA(10)
21
Repeal the subsection.
22
100 Subsection 303CB(1)
23
Omit "by instrument published in the Gazette", substitute "by
24
legislative instrument".
25
101 Subsections 303CB(3) and (4)
26
Repeal the subsections.
27
Schedule 3 Updating references to instruments
Part 2 Amendments of Acts
110
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
102 Subsection 303CH(1) (table item 3, column headed
1
"specific conditions", subparagraph (b)(i))
2
Repeal the subparagraph, substitute:
3
(i) is specified by the Minister under subsection (2) as a declared specimen; and
4
103 Subsection 303CH(2)
5
Repeal the subsection, substitute:
6
(2) The Minister may, by notifiable instrument, specify a specimen as
7
a declared specimen for the purposes of subparagraph (b)(i) of
8
item 3 of the table in subsection (1).
9
Note:
Notifiable instruments must be registered under the Legislation Act
10
2003, but they are not subject to parliamentary scrutiny or sunsetting
11
under that Act.
12
104 Subsection 303DB(1)
13
Omit "by instrument published in the Gazette", substitute "by
14
legislative instrument".
15
105 Subsection 303DB(7)
16
Repeal the subsection.
17
106 Subsection 303DC(1)
18
Repeal the subsection, substitute:
19
(1) The Minister may, by legislative instrument, amend the list
20
referred to in section 303DB by:
21
(a) doing any of the following:
22
(i) including items in the list;
23
(ii) deleting items from the list;
24
(iii) imposing a condition or restriction to which the
25
inclusion of a specimen in the list is subject;
26
(iv) varying or revoking a condition or restriction to which
27
the inclusion of a specimen in the list is subject; or
28
(b) correcting an inaccuracy or updating the name of a species.
29
107 Subsections 303DC(1B) and (2)
30
Omit "paragraph (1)(e)", substitute "paragraph (1)(b)".
31
Updating references to instruments Schedule 3
Amendments of Acts Part 2
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
111
108 Subsection 303DC(3)
1
Omit "paragraph (1)(a), (b), (c) or (d)", substitute "paragraph (1)(a)".
2
109 Subsections 303DC(4) and (5)
3
Repeal the subsections, substitute:
4
(4) Section 42 (disallowance) of the Legislation Act 2003 does not
5
apply to a legislative instrument to which paragraph (1)(b) of this
6
section applies.
7
110 Subsection 303EB(1)
8
Omit "by instrument published in the Gazette", substitute "by
9
legislative instrument".
10
111 Subsection 303EB(12)
11
Repeal the subsection.
12
112 Subsection 303EC(1)
13
Repeal the subsection, substitute:
14
(1) The Minister may, by legislative instrument, amend the list
15
referred to in section 303EB by:
16
(a) doing any of the following:
17
(i) including items in a particular part of the list;
18
(ii) deleting items from a particular part of the list;
19
(iii) imposing a restriction or condition to which the
20
inclusion of a specimen in Part 2 of the list is subject;
21
(iv) varying or revoking a restriction or condition to which
22
the inclusion of a specimen in Part 2 of the list is
23
subject; or
24
(b) correcting an inaccuracy or updating the name of a species.
25
113 Subsection 303EC(2)
26
Omit "paragraph (1)(c)", substitute "paragraph (1)(b)".
27
114 Subsection 303EC(3)
28
Omit "paragraph (1)(a), (b), (d) or (e)", substitute "paragraph (1)(a)".
29
Schedule 3 Updating references to instruments
Part 2 Amendments of Acts
112
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
115 Subsection 303EC(4)
1
Repeal the subsection.
2
116 Subsection 303EC(6)
3
Repeal the subsection, substitute:
4
(6) Section 42 (disallowance) of the Legislation Act 2003 does not
5
apply to a legislative instrument to which paragraph (1)(b) of this
6
section applies.
7
117 Subsection 303EU(1)
8
Omit "make a written", substitute ", by legislative instrument, make a".
9
118 Subsection 303EU(5)
10
Repeal the subsection.
11
119 Subsection 303FG(4)
12
Omit "by instrument published in the Gazette", substitute "by
13
legislative instrument".
14
120 Subsection 303FG(6)
15
Repeal the subsection, substitute:
16
(6) The Minister may, by legislative instrument, amend the list
17
referred to in subsection (4) by:
18
(a) including or deleting items from the list; or
19
(b) correcting an inaccuracy or updating the name of a species.
20
121 Subsection 303FG(7)
21
Repeal the subsection, substitute:
22
(7) Section 42 (disallowance) of the Legislation Act 2003 does not
23
apply to a legislative instrument to which paragraph (6)(b) of this
24
section applies.
25
122 Subsections 303GX(2) and (3)
26
Omit "notice published in the Gazette", substitute "notifiable
27
instrument".
28
Updating references to instruments Schedule 3
Amendments of Acts Part 2
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
113
123 At the end of subsection 303GX(3)
1
Add:
2
Note:
Notifiable instruments must be registered under the Legislation Act
3
2003, but they are not subject to parliamentary scrutiny or sunsetting
4
under that Act.
5
124 Subsection 324L(3)
6
Repeal the subsection, substitute:
7
(3) The Minister may remove all or part of a place, or a National
8
Heritage value of a place, only by an instrument including a
9
statement of the reasons for the removal.
10
Note 1:
The Minister must first obtain and consider the advice of the
11
Australian Heritage Council (see section 324M).
12
Note 2:
For requirements relating to the instrument under the Legislation Act
13
2003, see subsections (5) and (6) of this section.
14
125 Subsections 324L(5) and (6)
15
Repeal the subsections, substitute:
16
(5) If the instrument deals only with removal for loss of value:
17
(a) it is a legislative instrument; and
18
(b) it takes effect on the first day it is no longer liable to be
19
disallowed, or to be taken to have been disallowed, under
20
section 42 of the Legislation Act 2003.
21
(6) If subsection (5) does not apply to the instrument, it is a notifiable
22
instrument.
23
Note:
Notifiable instruments must be registered under the Legislation
24
Act 2003, but they are not subject to parliamentary scrutiny or
25
sunsetting under that Act.
26
126 Paragraph 324M(5)(b)
27
Omit "published in the Gazette", substitute "made".
28
127 Subparagraph 324R(2)(b)(i)
29
Omit "publication in the Gazette of an instrument", substitute
30
"registration under the Legislation Act 2003 of a legislative instrument".
31
Schedule 3 Updating references to instruments
Part 2 Amendments of Acts
114
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
128 Subsection 341L(4)
1
Repeal the subsection, substitute:
2
(4) The Minister may remove all or part of a place, or a
3
Commonwealth Heritage value of a place, only by an instrument
4
including a statement of the reasons for the removal.
5
Note 1:
The Minister must first obtain and consider the advice of the
6
Australian Heritage Council (see section 341M).
7
Note 2:
For requirements relating to the instrument under the Legislation Act
8
2003, see subsections (6) and (7) of this section.
9
129 Subsections 341L(6) and (7)
10
Repeal the subsections, substitute:
11
(6) If the instrument deals only with removal for loss of value:
12
(a) it is a legislative instrument; and
13
(b) it takes effect on the first day it is no longer liable to be
14
disallowed, or to be taken to have been disallowed, under
15
section 42 of the Legislation Act 2003.
16
(7) If subsection (6) does not apply to the instrument, it is a notifiable
17
instrument.
18
Note:
Notifiable instruments must be registered under the Legislation Act
19
2003, but they are not subject to parliamentary scrutiny or sunsetting
20
under that Act.
21
130 Paragraph 341M(5)(b)
22
Omit "published in the Gazette", substitute "made".
23
131 Subparagraph 341R(2)(b)(i)
24
Omit "publication in the Gazette", substitute "registration under the
25
Legislation Act 2003".
26
132 Section 371 (heading)
27
Repeal the heading, substitute:
28
371 Approved management plans are legislative instruments
29
133 Subsections 371(1) and (2)
30
Repeal the subsections, substitute:
31
Updating references to instruments Schedule 3
Amendments of Acts Part 2
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
115
(1) A management plan for a Commonwealth reserve prepared by the
1
Director, and the Board (if any) for the reserve, and approved by
2
the Minister, is a legislative instrument made by the Minister on
3
the day the plan is approved.
4
134 Subsection 517(1)
5
Omit "instrument in writing", substitute "legislative instrument".
6
135 Subsection 517(2)
7
Repeal the subsection.
8
136 Section 528 (note at the end of the definition of species)
9
Repeal the note.
10
Export Control Act 1982
11
137 Subsection 25(4)
12
Repeal the subsection, substitute:
13
(4) An order is a legislative instrument.
14
138 Subsections 25(6) and (7)
15
Repeal the subsections.
16
Fisheries Management Act 1991
17
139 Subsection 42(3)
18
Omit "disallowable instrument for the purposes of section 46A of the
19
Acts Interpretation Act 1901", substitute "legislative instrument".
20
140 Subsection 43(11)
21
Omit "disallowable instrument for the purposes of section 46A of the
22
Acts Interpretation Act 1901", substitute "legislative instrument".
23
Schedule 3 Updating references to instruments
Part 2 Amendments of Acts
116
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
Foreign Proceedings (Excess of Jurisdiction) Act 1984
1
141 Subsection 7(1)
2
Omit ", by order in writing, prohibit", substitute ", by legislative
3
instrument, make an order prohibiting".
4
142 Paragraphs 9(1)(c) and (d)
5
Omit "by instrument in writing", substitute "by legislative instrument,".
6
143 After section 10
7
Insert:
8
10A Declarations under section 9--coming into force
9
(1) An instrument under subsection 9(1) comes into force for the
10
purposes of section 10 on a day fixed by the Attorney-General by
11
notifiable instrument.
12
Note 1:
See subsection 10(8).
13
Note 2:
Notifiable instruments must be registered under the Legislation Act
14
2003, but they are not subject to parliamentary scrutiny or sunsetting
15
under that Act.
16
(2) The Attorney-General must not fix a day under subsection (1) that
17
is earlier than the first day the Attorney-General is satisfied that the
18
instrument under subsection 9(1) will no longer be liable to be
19
disallowed, or to be taken to be disallowed, under section 42 of the
20
Legislation Act 2003.
21
(3) To avoid doubt, subsections (1) and (2) do not affect the operation
22
of subsection 12(1) of the Legislation Act 2003 in relation to the
23
coming into force of the instrument under subsection 9(1) of this
24
Act for any other purpose.
25
Note:
Subsection 12(1) of the Legislation Act 2003 provides that a
26
legislative instrument commences on the day it is registered under that
27
Act, or otherwise as provided by the instrument.
28
144 Subsection 12(1)
29
Omit ", by order in writing, declare" substitute ", by legislative
30
instrument, make an order declaring".
31
Updating references to instruments Schedule 3
Amendments of Acts Part 2
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
117
145 At the end of Division 3 of Part II
1
Add:
2
12A Declarations under section 12--coming into force
3
(1) Despite subsection 12(1) of the Legislation Act 2003, an order
4
under subsection 12(1) of this Act comes into force on a day fixed
5
by the Attorney-General by notifiable instrument.
6
Note 1:
Subsection 12(1) of the Legislation Act 2003 deals with the
7
commencement of legislative instruments.
8
Note 2:
Notifiable instruments must be registered under the Legislation Act
9
2003, but they are not subject to parliamentary scrutiny or sunsetting
10
under that Act.
11
(2) The Attorney-General must not fix a day under subsection (1) that
12
is earlier than the first day the Attorney-General is satisfied that the
13
order under subsection 12(1) will no longer be liable to be
14
disallowed, or to be taken to be disallowed, under section 42 of the
15
Legislation Act 2003.
16
146 Subsection 13(1)
17
Omit "by order in writing prohibit", substitute "by legislative
18
instrument, make an order that prohibits".
19
147 Subsections 14(2) and (3)
20
Omit "by order prohibit", substitute "by legislative instrument, make an
21
order prohibiting".
22
148 Section 15
23
Repeal the section.
24
149 Paragraph 17(a)
25
Omit "notice of that order published in the Gazette in accordance with
26
subsection 48(1) of the Acts Interpretation Act 1901 as applied by
27
subsection 15(1) of this Act", substitute "order".
28
150 Paragraph 17(b)
29
Omit "notice of the order published as mentioned in paragraph (a)",
30
substitute "content of the order".
31
Schedule 3 Updating references to instruments
Part 2 Amendments of Acts
118
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
151 Subsection 19(2)
1
Repeal the subsection, substitute:
2
(2) Subsection 12(2) of the Legislation Act 2003 does not apply to
3
regulations prescribing an authority for the purposes of the
4
definition of foreign court in subsection 3(1) of this Act.
5
Note:
Subsection 12(2) of the Legislation Act 2003 is about the retrospective
6
application of legislative instruments (such as regulations).
7
Gene Technology Act 2000
8
152 Subsection 21(1)
9
Omit "may issue", substitute "may, by legislative instrument, issue".
10
153 Subsection 21(4)
11
Repeal the subsection.
12
154 Subsection 24(1)
13
Omit "may issue", substitute "may, by legislative instrument, issue".
14
155 Subsection 24(3)
15
Repeal the subsection.
16
156 Subsection 78(1)
17
Omit "by writing", substitute "by legislative instrument".
18
157 Subsection 78(4)
19
Repeal the subsection.
20
158 Subsection 80(1)
21
Omit "vary the GMO Register by written determination", substitute ",
22
by legislative instrument, vary the GMO Register".
23
159 Subsection 80(3)
24
Repeal the subsection.
25
Updating references to instruments Schedule 3
Amendments of Acts Part 2
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
119
Health and Other Services (Compensation) Act 1995
1
160 Subsection 33B(2)
2
After "determines", insert "under subsection (4)".
3
161 Subsection 33B(2A)
4
Omit "subsection (2)", substitute "subsection (4)".
5
162 Subsection 33B(4)
6
Repeal the subsection, substitute:
7
(4) The Minister may, by legislative instrument, make a determination
8
for the purposes of subsection (2).
9
Health Insurance Act 1973
10
163 Subsection 3AAA(2)
11
Omit "instrument in writing", substitute "legislative instrument".
12
164 Subsection 3AAA(4)
13
Repeal the subsection.
14
165 Subsection 3AA(3)
15
Omit "in writing", substitute "under subsection (4)".
16
166 Subsection 3AA(4)
17
Omit "in writing", substitute "by legislative instrument".
18
167 Subsection 3AA(5)
19
Repeal the subsection.
20
168 Subsection 3C(1)
21
Omit "by writing", substitute "by legislative instrument".
22
169 Subsection 3C(2)
23
Repeal the subsection, substitute:
24
(2) Subsection 12(2) of the Legislation Act 2003 does not apply to a
25
determination under subsection (1) of this section.
26
Schedule 3 Updating references to instruments
Part 2 Amendments of Acts
120
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
Note:
Subsection 12(2) of the Legislation Act 2003 is about the retrospective
1
application of legislative instruments.
2
170 Subsections 3C(4), (5) and (6)
3
Repeal the subsections.
4
171 Subsection 3GC(1)
5
Omit "in writing".
6
172 Paragraphs 3GC(2)(a) and (b)
7
Omit "in writing".
8
173 Subsection 3GC(3)
9
Omit "written".
10
174 Subsection 3GC(6)
11
Repeal the subsection, substitute:
12
(6) A determination under this section is a legislative instrument.
13
175 Sections 4BA and 4BB
14
Omit "in writing", substitute "by legislative instrument".
15
176 Section 4BC
16
Repeal the section.
17
177 Subsection 6(2)
18
Omit "by order in writing, declare", substitute "by legislative
19
instrument, make an order declaring".
20
178 Subsections 6(5), (6), (7) and (8)
21
Repeal the subsections.
22
179 Subsection 8A(1)
23
Omit "in writing", substitute "by legislative instrument".
24
180 Subsection 8A(3)
25
Repeal the subsection.
26
Updating references to instruments Schedule 3
Amendments of Acts Part 2
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
121
181 Subsection 19AB(4B)
1
Omit "in writing", substitute "by legislative instrument".
2
182 Subsection 19AB(4D)
3
Repeal the subsection.
4
183 Subsection 19C(5)
5
After "by the Minister", insert ", by legislative instrument,".
6
184 Subsection 19C(6)
7
Repeal the subsection.
8
185 At the end of subsection 20AB(3)
9
Add "under subsection (6)".
10
186 Subsection 20AB(5)
11
Omit "in writing by the Minister from time to time", substitute "by the
12
Minister under subsection (6)".
13
187 Subsection 20AB(6)
14
Repeal the subsection, substitute:
15
(6) The Minister may, by legislative instrument:
16
(a) make guidelines for the purposes of subsection (3); and
17
(b) determine conditions for the purposes of subsection (5).
18
188 Paragraph 20AC(1)(a)
19
Omit "20AB(3)", substitute "20AB(6)".
20
189 Subsection 23DB(1)
21
Omit "approve, in writing,", substitute ", by legislative instrument,
22
approve".
23
190 Subsection 23DB(2)
24
Omit "vary, in writing,", substitute ", by legislative instrument, vary".
25
191 Subsections 23DB(5), (6) and (7)
26
Repeal the subsections.
27
Schedule 3 Updating references to instruments
Part 2 Amendments of Acts
122
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
192 Subsection 23DBA(1)
1
Omit "a determination in writing", substitute "legislative instrument".
2
193 Subsection 23DBA(3)
3
Repeal the subsection.
4
194 Paragraph 23DC(2)(c)
5
Omit ", in writing,", substitute "under subsection (12)".
6
195 Subsections 23DC(12), (13) and (14)
7
Repeal the subsections, substitute:
8
(12) The Minister may, by legislative instrument, determine particulars
9
for the purposes of subsection (2).
10
196 Paragraph 23DF(2)(c)
11
Omit ", in writing,", substitute "under subsection (13)".
12
197 Subsections 23DF(13), (14) and (15)
13
Repeal the subsections, substitute:
14
(13) The Minister may, by legislative instrument, determine particulars
15
for the purposes of subsection (2).
16
198 Subsection 23DNBA(4)
17
Omit "in writing", substitute "by legislative instrument".
18
199 Subsection 23DNBA(6)
19
Repeal the subsection.
20
200 Subsection 23DSB(1)
21
Omit "The Minister may approve, in writing, for the purposes of this
22
Act", substitute "For the purposes of this Act, the Minister may, by
23
legislative instrument, approve".
24
201 Subsection 23DSB(3)
25
Repeal the subsection.
26
Updating references to instruments Schedule 3
Amendments of Acts Part 2
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
123
202 Subsection 23DU(1)
1
Omit "(1)".
2
203 Subsection 23DU(1)
3
Omit "determine, in writing,", substitute ", by legislative instrument,
4
determine".
5
204 Subsection 23DU(2)
6
Repeal the subsection.
7
205 Subsection 124H(1)
8
Omit "by instrument in writing", substitute "by legislative instrument".
9
206 Subsections 124H(3), (4) and (5)
10
Repeal the subsections.
11
207 Subsection 124X(1)
12
Omit "by signed writing", substitute "by legislative instrument".
13
208 Section 124ZA
14
Repeal the section.
15
Hearing Services Administration Act 1997
16
209 Subsection 5(3)
17
Omit "writing", substitute "legislative instrument".
18
210 Subsection 5(4)
19
Repeal the subsection.
20
211 Subsection 11(1)
21
Omit "written instrument", substitute "legislative instrument".
22
212 Subsection 11(5)
23
Repeal the subsection.
24
213 Subsection 13(1)
25
Omit "writing", substitute "legislative instrument".
26
Schedule 3 Updating references to instruments
Part 2 Amendments of Acts
124
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
214 Subsection 13(4)
1
Repeal the subsection.
2
215 Subsection 15(1)
3
Omit "written instrument", substitute "legislative instrument".
4
216 Subsection 15(8)
5
Repeal the subsection.
6
217 Subsection 17(1)
7
Omit "written instrument", substitute "legislative instrument".
8
218 Subsection 17(7)
9
Repeal the subsection.
10
High Court of Australia Act 1979
11
219 Subsection 19(2)
12
Omit "in writing", substitute ", by legislative instrument,".
13
220 Subsections 19(3), (4) and (5)
14
Repeal the subsections, substitute:
15
(3) Directions under subsection (2) commence at the start of the day
16
after the day they are registered under the Legislation Act 2003.
17
Horticulture Marketing and Research and Development
18
Services Act 2000
19
221 Subsection 19(1)
20
After "Secretary may", insert ", by legislative instrument,".
21
222 Subsection 19(1) (note 1)
22
Repeal the note.
23
223 Subsection 19(1) (note 2)
24
Omit "Note 2", substitute "Note".
25
Updating references to instruments Schedule 3
Amendments of Acts Part 2
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
125
224 Subsection 19(2)
1
Omit "on which the order is notified in the Gazette", substitute "that the
2
order is registered under the Legislation Act 2003".
3
225 Subsection 19(2) (note)
4
Repeal the note.
5
226 Subsection 19(3)
6
Repeal the subsection.
7
227 At the end of section 19
8
Add:
9
(5) An order made under this section is taken to be an enactment for
10
the purposes of the Administrative Appeals Tribunal Act 1975.
11
228 Subsection 20(1)
12
After "The Secretary may", insert ", by legislative instrument,".
13
229 Subsections 20(2), (3) and (4)
14
Repeal the subsections, substitute:
15
(2) The revocation has effect from a day specified in the revocation,
16
which must be after the day that the revocation is registered under
17
the Legislation Act 2003.
18
230 Subsection 35(1)
19
After "Secretary may", insert ", by legislative instrument,".
20
231 Subsections 35(2), (3) and (4)
21
Repeal the subsections.
22
232 Subsection 35(5)
23
Omit "or section 19".
24
Schedule 3 Updating references to instruments
Part 2 Amendments of Acts
126
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
Imported Food Control Act 1992
1
233 Subsection 3(1) (paragraphs (a) and (c) of the definition
2
of examinable food)
3
Omit "under paragraph 16(2)(a)", substitute "made for the purposes of
4
paragraph 16(2)(a)".
5
234 Paragraph 16(2)(a)
6
Omit "and, from time to time, to vary orders so made".
7
235 Paragraphs 16(2)(b)
8
Omit "under", substitute "for the purposes of".
9
236 At the end of section 16
10
Add:
11
(5) An order made by the Minister for the purposes of paragraph (2)(a)
12
is a legislative instrument.
13
Note:
The order may be varied or revoked by the Minister in the same way
14
as it is made, and subject to the same conditions (see subsection 33(3)
15
of the Acts Interpretation Act 1901).
16
237 Section 17
17
Repeal the section, substitute:
18
17 Consultation with Food Standards Australia New Zealand
19
The Minister must not make an order for the purposes of
20
paragraph 16(2)(a) without first consulting Food Standards
21
Australia New Zealand.
22
Note:
The order may be varied or revoked by the Minister in the same way
23
as it is made, and subject to the same conditions (see subsection 33(3)
24
of the Acts Interpretation Act 1901).
25
Industrial Chemicals (Notification and Assessment) Act 1989
26
238 Subsection 105(1)
27
Omit "by instrument published in the Chemical Gazette", substitute "by
28
legislative instrument".
29
Updating references to instruments Schedule 3
Amendments of Acts Part 2
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
127
239 Subsection 105(2)
1
Repeal the subsection, substitute:
2
(2) In addition to the requirement under the Legislation Act 2003 for
3
the instrument to be registered, a copy of the instrument must be
4
published in the Chemical Gazette. However, failure to publish a
5
copy does not affect the validity or enforceability of the
6
instrument.
7
Interactive Gambling Act 2001
8
240 Subsection 9A(1)
9
Omit "writing", substitute "legislative instrument".
10
241 Subsection 9A(6)
11
Repeal the subsection.
12
242 Subsection 10(1)
13
Omit "writing", substitute "legislative instrument".
14
243 Subsection 10(3)
15
Repeal the subsection.
16
244 Subsection 24(5)
17
Omit "written", substitute "legislative".
18
245 Subsection 24(7)
19
Repeal the subsection.
20
246 Subsection 31(1)
21
Omit "written", substitute "legislative".
22
247 Subsection 31(4)
23
Repeal the subsection.
24
248 Subsection 44(2)
25
Omit "written", substitute "legislative".
26
Schedule 3 Updating references to instruments
Part 2 Amendments of Acts
128
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
249 Subsection 44(4)
1
Repeal the subsection.
2
250 Subsection 45(2)
3
Omit "written", substitute "legislative".
4
251 Subsection 45(3)
5
Repeal the subsection.
6
252 Subsection 46(3)
7
Omit "written", substitute "legislative".
8
253 Subsection 46(5)
9
Repeal the subsection.
10
254 Subsection 47(3)
11
Omit "written", substitute "legislative".
12
255 Subsection 47(5)
13
Repeal the subsection.
14
256 Subsection 50(1)
15
Omit "(1) The ACMA may, by written", substitute "The ACMA may,
16
by legislative".
17
257 Subsection 50(2)
18
Repeal the subsection.
19
258 Subsection 51(1)
20
Omit "written", substitute "legislative".
21
259 Subsection 51(3)
22
Repeal the subsection.
23
National Blood Authority Act 2003
24
260 Paragraph 8(1)(j)
25
Omit "written notice", substitute "notice under subsection (2)".
26
Updating references to instruments Schedule 3
Amendments of Acts Part 2
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
129
261 Subsection 8(2)
1
Repeal the subsection, substitute:
2
(2) The Minister may, by legislative instrument, make a notice for the
3
purposes of paragraph (1)(j).
4
262 Paragraph 13(1)(d)
5
Omit "written notice", substitute "notice under subsection (2)".
6
263 Subsection 13(2)
7
Repeal the subsection, substitute:
8
(2) The Minister may, by legislative instrument, make a notice for the
9
purposes of paragraph (1)(d).
10
264 Subsections 18(1) and (3)
11
Omit "written determination made by the Minister", substitute
12
"determination made by the Minister under subsection (4)".
13
265 Subsection 18(4)
14
Repeal the subsection, substitute:
15
(4) For the purposes of subsection (1) or (3), the Minister may, by
16
legislative instrument, determine remuneration or allowances to be
17
paid to a Board member.
18
266 Subsection 22(1)
19
Omit "determine in writing", substitute ", by legislative instrument,
20
determine".
21
267 Subsection 22(3)
22
Repeal the subsection.
23
268 Subsections 30(1) and (2)
24
Omit "written determination made by the Minister", substitute
25
"determination made by the Minister under subsection (3)".
26
269 Subsection 30(3)
27
Repeal the subsection, substitute:
28
Schedule 3 Updating references to instruments
Part 2 Amendments of Acts
130
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
(3) For the purposes of subsection (1) or (2), the Minister may, by
1
legislative instrument, determine remuneration or allowances to be
2
paid to the General Manager.
3
270 Subsections 39(1) and (3)
4
Omit "written determination made by the Minister", substitute
5
"determination made by the Minister under subsection (4)".
6
271 Subsection 39(4)
7
Repeal the subsection, substitute:
8
(4) For the purposes of subsection (1) or (3), the Minister may, by
9
legislative instrument, determine remuneration or allowances to be
10
paid to a person appointed to an advisory committee.
11
National Environment Protection Measures
12
(Implementation) Act 1998
13
272 Subsection 37(3)
14
Omit ", by order published in the Gazette, prohibit or restrict",
15
substitute ", by legislative instrument, make an order that prohibits or
16
restricts".
17
273 Subsection 37(4)
18
Repeal the subsection.
19
National Health Act 1953
20
274 Subsection 84(1) (definition of CTS claim)
21
Omit "of the National Health Act 1953".
22
275 Subparagraph 86D(1)(b)(iii)
23
Omit "written determination made by the Minister for the purposes of
24
this subsection", substitute "determination made by the Minister under
25
subsection (5)".
26
276 Subsection 86D(5) (heading)
27
Repeal the heading, substitute:
28
Updating references to instruments Schedule 3
Amendments of Acts Part 2
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
131
Determinations are legislative instruments
1
277 Subsection 86D(5)
2
Repeal the subsection, substitute:
3
(5) For the purposes of subsection (1), the Minister may, by legislative
4
instrument, determine a person to be capable of giving an
5
authorisation.
6
278 Subsection 86E(1)
7
Omit "by written instrument", substitute "by legislative instrument".
8
279 Subsection 86E(5)
9
Repeal the subsection.
10
280 Subparagraph 88AA(1)(b)(iii)
11
Omit "written determination made by the Minister for the purposes of
12
this subsection", substitute "determination made by the Minister under
13
subsection (4)".
14
281 Subsection 88AA(4)
15
Repeal the subsection, substitute:
16
(4) For the purposes of subsection (1), the Minister may, by legislative
17
instrument, determine a person to be capable of giving an
18
authorisation.
19
282 Paragraph 90E(c)
20
Omit "under paragraph 92A(1)(f)", substitute "for the purposes of
21
paragraph 92A(1)(f)".
22
283 Paragraph 91(2)(c)
23
Omit "in writing by the Secretary for the purposes of this paragraph",
24
substitute "by the Secretary under subsection (3)".
25
284 Subsection 91(3)
26
Repeal the subsection, substitute:
27
(3) For the purposes of paragraph (2)(c), the Secretary may, by
28
legislative instrument, determine kinds of documentary evidence.
29
Schedule 3 Updating references to instruments
Part 2 Amendments of Acts
132
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
285 Paragraph 91(7)(d)
1
Omit "under paragraph 92A(1)(f)", substitute "for the purposes of
2
paragraph 92A(1)(f)".
3
286 At the end of paragraph 92A(1)(f)
4
Add "under subsection (1A)".
5
287 Subsection 92A(1A)
6
Repeal the subsection, substitute:
7
(1A) For the purposes of paragraph (1)(f), the Minister may, by
8
legislative instrument, determine conditions.
9
288 Subsection 98C(1)
10
Omit "from time to time", substitute "by legislative instrument".
11
289 Section 98D
12
Repeal the section.
13
290 Subsection 99(8)
14
Omit "by written determination", substitute "by legislative instrument".
15
291 Subsection 99(9)
16
Repeal the subsection.
17
292 Subsection 99AAC(2)
18
Omit "determine, in writing,", substitute ", by legislative instrument,
19
determine".
20
293 Subsection 99AAC(3)
21
Repeal the subsection.
22
294 Subsection 99L(1)
23
Omit "(1) The Minister must, by writing", substitute "The Minister
24
must, by legislative instrument".
25
295 Subsection 99L(2)
26
Repeal the subsection.
27
Updating references to instruments Schedule 3
Amendments of Acts Part 2
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
133
296 Subsections 99ZS(1) and (2)
1
Omit "notice in writing", substitute "legislative instrument".
2
297 Subsection 99ZS(3)
3
Omit "written notice", substitute "legislative instrument".
4
298 Subsections 99ZS(4) and (5)
5
Repeal the subsections, substitute:
6
(4) Guidelines take effect from:
7
(a) the first day they are no longer liable to be disallowed, or to
8
be taken to have been disallowed, under section 42 of the
9
Legislation Act 2003; or
10
(b) after that day, if the guidelines so provide.
11
299 Section 139B
12
Repeal the section.
13
National Transmission Network Sale Act 1998
14
300 Section 3
15
Omit "In this Act, unless the contrary intention appears:", substitute
16
"(1) In this Act:".
17
301 Section 3 (definition of declared remote area)
18
Omit ", in writing,", substitute "under subsection (2)".
19
302 Section 3 (paragraph (b) of the definition of emergency
20
service organisation)
21
Omit ", in writing,", substitute "under subsection (2)".
22
303 At the end of section 3
23
Add:
24
(2) The Minister may, by legislative instrument, specify:
25
(a) an area for the purposes of the definition of declared remote
26
area in subsection (1); or
27
Schedule 3 Updating references to instruments
Part 2 Amendments of Acts
134
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
(b) an organisation for the purposes of paragraph (b) of the
1
definition of emergency service organisation in
2
subsection (1).
3
304 Subsection 16(5)
4
Omit ", in writing,", substitute "under subsection (5A)".
5
305 After subsection 16(5)
6
Insert:
7
(5A) The Minister may, by legislative instrument, specify a level for the
8
purposes of this section.
9
306 Subsection 18(5)
10
Omit "in the Gazette", substitute "under subsection (6)".
11
307 At the end of section 18
12
Add:
13
(6) The Minister may, by legislative instrument, give a notice for the
14
purposes of subsection (5) in relation to assets.
15
308 Section 29
16
Repeal the section.
17
National Transport Commission Act 2003
18
309 Subsection 7(3)
19
Omit "section 49A of the Acts Interpretation Act 1901", substitute
20
"section 14 of the Legislation Act 2003".
21
310 Subsection 7(4)
22
Repeal the subsection.
23
Primary Industries Levies and Charges Collection Act 1991
24
311 Subsections 31(3) to (5)
25
Repeal the subsections, substitute:
26
Updating references to instruments Schedule 3
Amendments of Acts Part 2
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
135
(3) An order is a legislative instrument.
1
Primary Industry Councils Act 1991
2
312 Subsections 38(3) to (5)
3
Repeal the subsections, substitute:
4
(3) An order is a legislative instrument.
5
Radiocommunications Act 1992
6
313 Subsections 30(1) and 32(1)
7
Omit "written", substitute "legislative".
8
314 Section 35
9
Repeal the section.
10
315 Subsection 132(1)
11
Omit "notice published in the Gazette" substitute "legislative
12
instrument".
13
316 Subsection 133(3)
14
Repeal the subsection.
15
317 Section 139
16
Repeal the section.
17
318 Subsection 182(1)
18
Omit ", by notice published in the Gazette, require", substitute ", by
19
legislative instrument, give notice requiring".
20
319 Subsection 182(5)
21
Repeal the subsection.
22
320 Subsection 187A(1)
23
Omit "publishes", substitute "gives".
24
Schedule 3 Updating references to instruments
Part 2 Amendments of Acts
136
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
321 Subsection 190(1)
1
Omit ", by notice published in one or more newspapers circulating
2
generally in the capital city of each State and Territory,", substitute ",
3
by legislative instrument,".
4
322 Subsection 190(1)
5
Omit "notice" (last occurring), substitute "declaration".
6
323 After subsection 190(1)
7
Insert:
8
(1A) A declaration under subsection (1) must be published:
9
(a) on the ACMA's website; and
10
(b) in one or more other forms that are readily accessible by the
11
public.
12
Example: Publication in a form mentioned in paragraph (b) could be publication
13
on a website other than the ACMA's website.
14
324 Subsections 190(3) and (4)
15
Repeal the subsections.
16
Telecommunications Act 1997
17
325 Subsections 63(1), (2), (3), (5) and (6)
18
Omit "by written instrument", substitute "by legislative instrument".
19
326 Subsections 63(10), (11) and (13)
20
Repeal the subsections.
21
327 Subsection 376(1)
22
Omit "by written instrument", substitute "by legislative instrument".
23
328 Subsections 376(5) and (6)
24
Repeal the subsections.
25
329 Subsection 380(1)
26
Omit "by written instrument", substitute "by legislative instrument".
27
Updating references to instruments Schedule 3
Amendments of Acts Part 2
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
137
330 Subsections 380(4) and (5)
1
Repeal the subsections.
2
331 Subsection 384(1)
3
Omit "by written instrument", substitute "by legislative instrument".
4
332 Subsections 384(7) and (8)
5
Repeal the subsections.
6
333 Subsection 419(1)
7
Omit "by notice in the Gazette", substitute "by legislative instrument".
8
334 Subsection 419(4)
9
Repeal the subsection.
10
335 Subsection 450(1)
11
Omit "written", substitute "legislative".
12
336 Subsection 450(4)
13
Repeal the subsection.
14
Telstra Corporation Act 1991
15
337 Subsection 8AUA(1)
16
Omit "by written instrument", substitute "by legislative instrument".
17
338 Subsection 8AUA(3)
18
Repeal the subsection.
19
Tobacco Advertising Prohibition Act 1992
20
339 Subsection 17(4)
21
Omit "writing", substitute "legislative instrument".
22
340 Subsection 17(5)
23
Repeal the subsection.
24
Schedule 3 Updating references to instruments
Part 2 Amendments of Acts
138
Acts and Instruments (Framework Reform) Bill 2014
No. , 2014
341 Subsection 18(5)
1
Omit "writing", substitute "legislative instrument".
2
342 Subsection 18(6)
3
Repeal the subsection.
4
Trade Representatives Act 1933
5
343 Subsection 11(1)
6
Omit "make determinations in writing", substitute ", by legislative
7
instrument, make determinations".
8
344 Subsections 11(5), (6), (7), (8) and (9)
9
Repeal the subsections.
10
345 Section 11A
11
Repeal the section.
12
Wool Services Privatisation Act 2000
13
346 Subsection 30(1)
14
Omit "in writing", substitute "by legislative instrument".
15
347 Subsection 30(3)
16
Repeal the subsection.
17
Updating references to instruments Schedule 3
Saving and transitional Part 3
No. , 2014
Acts and Instruments (Framework Reform) Bill 2014
139
Part 3
--Saving and transitional
1
348 Saving
--validity and enforcement of instruments
2
An amendment of an Act made by Part 2 of this Schedule does not
3
affect the validity or enforceability of an instrument made under that
4
Act before the commencement of this Schedule.
5
349 Transitional
--change of provision under which
6
instrument is made
7
(1)
This item applies if an amendment of an Act made by Part 2 of this
8
Schedule has the effect of changing the provision of the Act under
9
which an instrument may (expressly or by implication) be made, from
10
one provision (the pre-amendment provision) to another (the
11
post-amendment provision).
12
(2)
An instrument made, whether expressly or by implication, under the
13
pre-amendment provision that is in force immediately before the
14
commencement of Part 2 of this Schedule continues in force on and
15
after that commencement, and may be amended or repealed, as if the
16
instrument had been made under the post-amendment provision.
17
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