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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Legislation Amendment (Sunsetting
Review and Other Measures) Bill 2018
No. , 2018
(Attorney-General)
A Bill for an Act to amend the Legislation Act 2003
and Acts Interpretation Act 1901, and for related
purposes
No. , 2018
Legislation Amendment (Sunsetting Review and Other Measures) Bill
2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 3
Schedule 1--Sunsetting review
4
Acts Interpretation Act 1901
4
Family Law Act 1975
5
Federal Circuit Court of Australia Act 1999
6
Federal Court of Australia Act 1976
6
Judiciary Act 1903
7
Legislation Act 2003
7
Schedule 2--Other measures
16
Part 1--Main amendments
16
Division 1--Amendments commencing day after Royal Assent
16
Acts Interpretation Act 1901
16
Legislation Act 2003
17
Division 2--Amendments commencing on Proclamation
18
Legislation Act 2003
18
Part 2--Consequential amendments
22
Excise Act 1901
22
Excise Tariff Act 1921
22
Income Tax Assessment Act 1997
22
Independent Contractors Act 2006
22
Taxation Administration Act 1953
22
Part 3--Contingent amendments
23
Criminal Code Act 1995
23
No. , 2018
Legislation Amendment (Sunsetting Review and Other Measures) Bill
2018
1
A Bill for an Act to amend the Legislation Act 2003
1
and Acts Interpretation Act 1901, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Legislation Amendment (Sunsetting Review and
6
Other Measures) Act 2018.
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
2
Legislation Amendment (Sunsetting Review and Other Measures) Bill
2018
No. , 2018
1
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. Schedule 1
The day after this Act receives the Royal
Assent.
3. Schedule 2,
Part 1, Division 1
The day after this Act receives the Royal
Assent.
4. Schedule 2,
Part 1, Division 2
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
5. Schedule 2,
Part 2
The day after this Act receives the Royal
Assent.
6. Schedule 2,
Part 3
The day after this Act receives the Royal
Assent.
However, the provisions do not commence
at all if Schedule 1 to the National Security
Legislation Amendment (Espionage and
Foreign Interference) Act 2018 commences
at or before that time.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
No. , 2018
Legislation Amendment (Sunsetting Review and Other Measures) Bill
2018
3
3 Schedules
1
Legislation that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Schedule 1 Sunsetting review
4
Legislation Amendment (Sunsetting Review and Other Measures) Bill
2018
No. , 2018
Schedule 1--Sunsetting review
1
2
Acts Interpretation Act 1901
3
1 Section 2B
4
Insert:
5
sitting day: see section 2M.
6
2 At the end of Part 2
7
Add:
8
2M Sitting day
9
(1) In any Act, a sitting day, in relation to a House of the Parliament,
10
is a day on which the House actually sits.
11
(2) However, if the House sat without adjourning on a previous day
12
(the earlier sitting day), any period during which the House
13
continues to sit, with or without a suspension, on a later day, until
14
it adjourns, is taken to be part of the earlier sitting day.
15
Example 1: The Senate begins sitting at 9 am on Thursday and extends (with or
16
without a suspension of the sitting) until it is adjourned at 3 pm on
17
Friday. Thursday is a sitting day for the Senate but Friday is not. This
18
example applies equally to the House of Representatives.
19
Example 2: The House of Representatives begins sitting at 9 am on Wednesday
20
and extends (with or without a suspension of the sitting) until it is
21
adjourned at 1 am on Thursday. The House of Representatives then
22
starts sitting again at 10 am on Thursday and adjourns at 3 pm on
23
Thursday. Both Wednesday and Thursday are sitting days for the
24
House of Representatives. This example applies equally to the Senate.
25
(3) For the purposes of this section, a House is taken to have adjourned
26
if:
27
(a) the Parliament is prorogued; or
28
(b) that House is dissolved; or
29
(c) if that House is the House of Representatives--that House
30
expires.
31
Sunsetting review Schedule 1
No. , 2018
Legislation Amendment (Sunsetting Review and Other Measures) Bill
2018
5
3 Subparagraph 46AA(1)(a)(ii)
1
Omit "or".
2
4 At the end of paragraph 46AA(1)(a)
3
Add:
4
(iii) the provisions of rules of court; or
5
5 Application provision
6
The amendments of paragraph 46AA(1)(a) of the Acts Interpretation
7
Act 1901 made by this Schedule apply to application, adoption or
8
incorporation of provisions by an instrument made on or after the
9
commencement of this item, whether the legislation authorising or
10
requiring the instrument was made before, on or after that
11
commencement.
12
Family Law Act 1975
13
6 Section 26E
14
After "and 16", insert "and Part 4 of Chapter 3".
15
7 Paragraph 26E(a)
16
After "legislative instrument", insert "(other than in
17
subparagraph 14(1)(a)(ii) and subsection 14(3) of that Act)".
18
8 Subsection 37A(14)
19
After "and 16", insert "and Part 4 of Chapter 3".
20
9 Paragraph 37A(14)(a)
21
After "legislative instrument", insert "(other than in
22
subparagraph 14(1)(a)(ii) and subsection 14(3) of that Act)".
23
10 Subsection 123(2)
24
After "and 16", insert "and Part 4 of Chapter 3".
25
11 Paragraph 123(2)(a)
26
After "legislative instrument", insert "(other than in
27
subparagraph 14(1)(a)(ii) and subsection 14(3) of that Act)".
28
Schedule 1 Sunsetting review
6
Legislation Amendment (Sunsetting Review and Other Measures) Bill
2018
No. , 2018
12 Application provision
1
The amendments of section 26E and subsections 37A(14) and 123(2) of
2
the Family Law Act 1975 made by this Schedule apply in relation to:
3
(a) rules of court made on or after the commencement of this
4
item; and
5
(b) rules of court in force immediately before the
6
commencement of this item.
7
Federal Circuit Court of Australia Act 1999
8
13 Subsection 81(3)
9
After "and 16", insert "and Part 4 of Chapter 3".
10
14 Paragraph 81(3)(a)
11
After "legislative instrument", insert "(other than in
12
subparagraph 14(1)(a)(ii) and subsection 14(3) of that Act)".
13
15 Application provision
14
The amendments of subsection 81(3) of the Federal Circuit Court of
15
Australia Act 1999 made by this Schedule apply in relation to:
16
(a) rules of court made on or after the commencement of this
17
item; and
18
(b) rules of court in force immediately before the
19
commencement of this item.
20
Federal Court of Australia Act 1976
21
16 Subsection 59(4)
22
After "and 16", insert "and Part 4 of Chapter 3".
23
17 Paragraph 59(4)(a)
24
After "legislative instrument", insert "(other than in
25
subparagraph 14(1)(a)(ii) and subsection 14(3) of that Act)".
26
18 Application provision
27
The amendments of subsection 59(4) of the Federal Court of Australia
28
Act 1976 made by this Schedule apply in relation to:
29
Sunsetting review Schedule 1
No. , 2018
Legislation Amendment (Sunsetting Review and Other Measures) Bill
2018
7
(a) rules of court made on or after the commencement of this
1
item; and
2
(b) rules of court in force immediately before the
3
commencement of this item.
4
Judiciary Act 1903
5
19 Subsection 86(2)
6
After "and 16", insert "and Part 4 of Chapter 3".
7
20 Paragraph 86(2)(a)
8
After "legislative instrument", insert "(other than in
9
subparagraph 14(1)(a)(ii) and subsection 14(3) of that Act)".
10
21 Application provision
11
The amendments of subsection 86(2) of the Judiciary Act 1903 made by
12
this Schedule apply in relation to:
13
(a) rules of court made on or after the commencement of this
14
item; and
15
(b) rules of court in force immediately before the
16
commencement of this item.
17
Legislation Act 2003
18
22 Section 3A
19
Omit "after their commencement".
20
23 Subparagraph 14(1)(a)(ii)
21
Omit "or".
22
24 At the end of paragraph 14(1)(a)
23
Add:
24
(iii) the provisions of rules of court; or
25
25 Subsection 38(3)
26
Omit "ceases to have effect", substitute "is repealed".
27
Schedule 1 Sunsetting review
8
Legislation Amendment (Sunsetting Review and Other Measures) Bill
2018
No. , 2018
26 Subsection 38(3) (note)
1
Repeal the note.
2
27 Paragraphs 42(1)(a) and (b)
3
After "15 sitting days of that House", insert "beginning on the first
4
sitting day".
5
28 Subsection 42(1)
6
Omit "then ceases to have effect", substitute "is repealed immediately
7
after the passing of that resolution".
8
29 Subsection 42(1) (note)
9
Repeal the note.
10
30 Paragraphs 42(2)(a) and (b)
11
After "15 sitting days of that House", insert "beginning on the first
12
sitting day".
13
31 Subsection 42(2)
14
Omit "ceases at that time to have effect", substitute "is repealed at that
15
time".
16
32 Subsection 42(2) (note)
17
Repeal the note.
18
33 Paragraphs 42(3)(a) and (b)
19
After "15 sitting days of that House", insert "beginning on the first
20
sitting day".
21
34 Paragraph 44(1)(a)
22
After "States", insert "or Territories".
23
35 Section 45 (heading)
24
Repeal the heading, substitute:
25
Sunsetting review Schedule 1
No. , 2018
Legislation Amendment (Sunsetting Review and Other Measures) Bill
2018
9
45 Reviving a legislative instrument, law or provision
1
36 Subsection 45(1)
2
Repeal the subsection.
3
37 Paragraph 45(2)(a)
4
Repeal the paragraph, substitute:
5
(a) a legislative instrument (the repealing instrument) or a
6
provision (the repealing provision) of a legislative
7
instrument is repealed by subsection 38(3) or 42(1) or (2) at a
8
particular time (the repeal time); and
9
38 Subsection 45(2)
10
Omit "the repealed instrument, law or provision revives from the
11
cessation time", substitute "the instrument, law or provision repealed by
12
the repealing instrument or repealing provision revives from the repeal
13
time".
14
39 Subsection 47(1)
15
Omit "after the instrument has been", substitute "of that House
16
beginning on the first sitting day after the instrument was".
17
40 Paragraph 47(2)(b)
18
After "15 sitting days", insert "of that House beginning on the first
19
sitting day".
20
41 Section 48AA
21
Omit "after it has achieved this effect".
22
42 Subsection 48A(1)
23
Omit "This", substitute "Subject to subsection (2), this".
24
43 Subsection 48A(2)
25
Omit "later of the following events occurs", substitute "latest of the
26
following events occurs, unless the instrument has been repealed earlier
27
by subsection 38(3) or 42(1) or (2)".
28
Schedule 1 Sunsetting review
10
Legislation Amendment (Sunsetting Review and Other Measures) Bill
2018
No. , 2018
44 Before paragraph 48A(2)(a)
1
Insert:
2
(aa) for a disallowable legislative instrument--the end of the last
3
day on which the instrument or a provision of the instrument
4
may be disallowed in a House of the Parliament;
5
45 Paragraph 48A(2)(a)
6
Before "whichever", insert "for any legislative instrument or notifiable
7
instrument--".
8
46 Paragraph 48A(2)(b)
9
Before "the registration", insert "for a legislative instrument to which
10
section 42 does not apply or for a notifiable instrument--".
11
47 Subsection 48A(4)
12
Repeal the subsection (including the note).
13
48 Subsection 48C(1)
14
Omit "This", substitute "Subject to subsection (2), this".
15
49 Subsection 48C(2)
16
Omit "later of the following events occurs", substitute "latest of the
17
following events occurs, unless the provision has been repealed earlier
18
by subsection 38(3) or 42(1) or (2)".
19
50 Before paragraph 48C(2)(a)
20
Insert:
21
(aa) if the provision is in a disallowable legislative instrument--
22
the end of the last day on which the instrument or a provision
23
of the instrument may be disallowed in a House of the
24
Parliament;
25
51 Paragraph 48C(2)(a)
26
Before "whichever", insert "if the provision is in any legislative
27
instrument or notifiable instrument--".
28
Sunsetting review Schedule 1
No. , 2018
Legislation Amendment (Sunsetting Review and Other Measures) Bill
2018
11
52 Paragraph 48C(2)(b)
1
Before "the registration", insert "if the provision is in a legislative
2
instrument to which section 42 does not apply or is in a notifiable
3
instrument--".
4
53 Paragraph 48C(2)(b)
5
Omit "containing the provision".
6
54 Subsection 48C(4)
7
Repeal the subsection.
8
55 Subsection 48D(1)
9
Omit "This", substitute "Subject to subsection (2), this".
10
56 Subsection 48D(2)
11
Omit "later of the following events occurs", substitute "latest of the
12
following events occurs, unless the commencement provision has been
13
repealed earlier by subsection 38(3) or 42(1) or (2)".
14
57 Before paragraph 48D(2)(a)
15
Insert:
16
(aa) if the commencement provision is in a disallowable
17
legislative instrument--the end of the last day on which the
18
instrument or a provision of the instrument may be
19
disallowed in a House of the Parliament;
20
58 Paragraph 48D(2)(a)
21
Before "whichever", insert "if the commencement provision is in any
22
legislative instrument or notifiable instrument--".
23
59 Paragraph 48D(2)(b)
24
Before "the registration", insert "if the commencement provision is in a
25
legislative instrument to which section 42 does not apply or is in a
26
notifiable instrument--".
27
60 Paragraph 48D(2)(b)
28
Omit "containing the commencement provision".
29
Schedule 1 Sunsetting review
12
Legislation Amendment (Sunsetting Review and Other Measures) Bill
2018
No. , 2018
61 Subparagraph 51(1)(b)(i)
1
Omit "12", substitute "24".
2
62 At the end of paragraph 51(1)(b)
3
Add:
4
or (iii) that the Attorney-General has approved this Part not
5
applying to the instrument;
6
63 Paragraph 51(1)(c)
7
Repeal the paragraph, substitute:
8
(c) the Attorney-General may issue a certificate providing that
9
the first-mentioned instrument is repealed by this section on a
10
1 April or 1 October that is on or before the second
11
anniversary of the sunsetting day and that is specified in the
12
certificate; and
13
64 Subsection 51(2)
14
Repeal the subsection.
15
65 At the end of section 51
16
Add:
17
(4) Section 42 does not apply to a certificate issued under
18
paragraph (1)(c) if the day specified in the certificate is on or
19
before the first anniversary of the sunsetting day.
20
(5) The explanatory statement for a certificate issued under
21
paragraph (1)(c) must include a statement of the reasons for the
22
issue of the certificate.
23
66 Paragraph 51A(1)(b)
24
Omit "and", substitute "or".
25
67 At the end of section 51A
26
Add:
27
(4) The explanatory statement for the sunset-altering instrument must
28
include a statement of the reasons for the making of the instrument.
29
Sunsetting review Schedule 1
No. , 2018
Legislation Amendment (Sunsetting Review and Other Measures) Bill
2018
13
68 Subsection 53(1)
1
After "on a day", insert "(the repeal day)".
2
69 Subparagraph 53(1)(a)(i)
3
Omit "laid before a House of the Parliament under section 51",
4
substitute "under section 51 that is laid before a House of the Parliament
5
in accordance with section 38".
6
70 Paragraph 53(1)(b)
7
Omit "within 6 months after the copy or list is laid before the House",
8
substitute "before the repeal day".
9
71 Paragraph 54(1)(a)
10
After "States", insert "or Territories".
11
72 Section 55
12
Omit "2017", substitute "2027".
13
73 Subsections 60(1) and (4)
14
Omit "2017", substitute "2027".
15
74 Application and saving provisions
16
(1)
The amendments of paragraph 14(1)(a) of the Legislation Act 2003
17
made by this Schedule apply to application, adoption or incorporation
18
of provisions by an instrument made on or after the commencement of
19
this item, whether the enabling legislation for the instrument was made
20
before, on or after that commencement.
21
(2)
The amendments of section 38 of the Legislation Act 2003 made by this
22
Schedule apply in relation to a legislative instrument that is registered
23
on or after the commencement of this item.
24
(3)
The amendments of section 42 of the Legislation Act 2003 made by this
25
Schedule apply in relation to a legislative instrument, a copy of which is
26
laid before a House of Parliament on or after the commencement of this
27
item.
28
Schedule 1 Sunsetting review
14
Legislation Amendment (Sunsetting Review and Other Measures) Bill
2018
No. , 2018
(4)
The amendment of paragraph 44(1)(a) of the Legislation Act 2003 made
1
by this Schedule applies in relation to a legislative instrument that is
2
made on or after the commencement of this item.
3
(5)
Despite the repeal of subsection 45(1) of the Legislation Act 2003 made
4
by this Schedule, that subsection, as in force immediately before the
5
commencement of this item, continues to apply on and after that
6
commencement in relation to:
7
(a) so far as that subsection relates to subsection 38(3) of that
8
Act--a legislative instrument that was registered before that
9
commencement; and
10
(b) so far as that subsection relates to subsection 42(1) or (2) of
11
that Act--a legislative instrument, a copy of which was laid
12
before a House of Parliament before that commencement.
13
(6)
The amendments of subsection 45(2) of the Legislation Act 2003 made
14
by this Schedule apply in relation to a legislative instrument or a
15
provision of a legislative instrument that is repealed by subsection 38(3)
16
or 42(1) or (2) of that Act on or after the commencement of this item.
17
(7)
Subsection 45(2) of the Legislation Act 2003, as in force immediately
18
before the commencement of this item, continues to apply on and after
19
that commencement in relation to:
20
(a) so far as that subsection relates to subsection 38(3) of that
21
Act--a legislative instrument referred to in
22
paragraph 45(2)(a) of that Act that was registered before that
23
commencement; and
24
(b) so far as that subsection relates to section 42 of that Act--a
25
legislative instrument referred to in paragraph 45(2)(a) of that
26
Act, a copy of which was laid before a House of Parliament
27
before that commencement.
28
(8)
The amendments of sections 48A, 48C and 48D of the Legislation Act
29
2003 made by this Schedule apply in relation to a legislative instrument,
30
or a notifiable instrument, that is made on or after the commencement
31
of this item.
32
(9)
The amendments of subsection 51(1) of the Legislation Act 2003 made
33
by this Schedule apply in relation to a certificate issued on or after the
34
commencement of this item, whether the relevant legislative instrument
35
Sunsetting review Schedule 1
No. , 2018
Legislation Amendment (Sunsetting Review and Other Measures) Bill
2018
15
referred to in paragraph 51(1)(a) of that Act was registered before, on or
1
after that commencement.
2
(10)
The repeal of subsection 51(2), and the addition of subsections 51(4)
3
and (5), of the Legislation Act 2003 made by this Schedule apply in
4
relation to a certificate issued on or after the commencement of this
5
item.
6
(11)
The amendments of section 51A of the Legislation Act 2003 made by
7
this Schedule apply in relation to a sunset-altering instrument that is
8
made on or after the commencement of this item, whether the relevant
9
instruments to be reviewed were made before, on or after that
10
commencement.
11
(12)
The amendments of section 53 of the Legislation Act 2003 made by this
12
Schedule apply in relation to a legislative instrument, where the copy of
13
the certificate, or the list, is laid before a House of the Parliament
14
before, on or after the commencement of this item.
15
(13)
The amendment of paragraph 54(1)(a) of the Legislation Act 2003 made
16
by this Schedule applies in relation to:
17
(a) a legislative instrument made on or after the commencement
18
of this item; and
19
(b) a legislative instrument in force immediately before the
20
commencement of this item.
21
Schedule 2 Other measures
Part 1 Main amendments
16
Legislation Amendment (Sunsetting Review and Other Measures) Bill
2018
No. , 2018
Schedule 2--Other measures
1
Part 1--Main amendments
2
Division 1
--Amendments commencing day after Royal
3
Assent
4
Acts Interpretation Act 1901
5
1 At the end of paragraph 10(c)
6
Add "(whether or not the re-enacted provision has the same number as
7
the repealed provision)".
8
2 At the end of paragraph 10A(c)
9
Add "(whether or not the re-enacted or re-made provision has the same
10
number as the repealed provision)".
11
3 Paragraph 46AA(1)(b)
12
Repeal the paragraph, substitute:
13
(b) subject to subsection (2), by applying, adopting or
14
incorporating, with or without modification, any matter
15
contained in any other instrument or writing as in force or
16
existing at:
17
(i) the time the first-mentioned instrument commences; or
18
(ii) a time before the first-mentioned instrument commences
19
(whether or not the other instrument is still in force, or
20
the other writing still exists, at the time the
21
first-mentioned instrument commences).
22
4 Application provision
23
The repeal and substitution of paragraph 46AA(1)(b) of the Acts
24
Interpretation Act 1901 made by this Division applies to application,
25
adoption or incorporation of provisions by an instrument made on or
26
after the commencement of this item, whether the legislation
27
authorising or requiring the instrument was made before, on or after that
28
commencement.
29
Other measures Schedule 2
Main amendments Part 1
No. , 2018
Legislation Amendment (Sunsetting Review and Other Measures) Bill
2018
17
Legislation Act 2003
1
5 After subsection 12(1)
2
Insert:
3
Retrospective commencement
4
(1A) Despite any principle or rule of common law, a legislative
5
instrument or notifiable instrument may provide that the
6
instrument, or a provision of the instrument, commences before the
7
instrument is registered.
8
Note:
The effect of this subsection is to allow legislative and notifiable
9
instruments to commence retrospectively (subject to subsection (2)).
10
This subsection is subject to a contrary provision (see subsection (4)).
11
6 Subsections 12(2) and (3)
12
Repeal the subsections, substitute:
13
Retrospective application
14
(2) However, if a legislative instrument or notifiable instrument, or a
15
provision of such an instrument, commences before the instrument
16
is registered, the instrument or provision does not apply in relation
17
to a person (other than the Commonwealth or an authority of the
18
Commonwealth) to the extent that as a result of that
19
commencement:
20
(a) the person's rights as at the time the instrument is registered
21
would be affected so as to disadvantage the person; or
22
(b) liabilities would be imposed on the person in respect of
23
anything done or omitted to be done before the instrument is
24
registered.
25
7 Before subsection 12(4)
26
Insert:
27
Retrospective commencement or application subject to contrary
28
provision
29
8 Subsection 12(4)
30
Omit "(2) or (3)", substitute "(1A) or (2)".
31
Schedule 2 Other measures
Part 1 Main amendments
18
Legislation Amendment (Sunsetting Review and Other Measures) Bill
2018
No. , 2018
9 Paragraph 14(1)(b)
1
Repeal the paragraph, substitute:
2
(b) subject to subsection (2), by applying, adopting or
3
incorporating, with or without modification, any matter
4
contained in any other instrument or writing as in force or
5
existing at:
6
(i) the time the first-mentioned instrument commences; or
7
(ii) a time before the first-mentioned instrument commences
8
(whether or not the other instrument is still in force, or
9
the other writing still exists, at the time the
10
first-mentioned instrument commences).
11
10 Application provisions
12
(1)
The amendments of section 12 of the Legislation Act 2003 made by this
13
Division apply in relation to any instrument made on or after the
14
commencement of this item, whether the enabling legislation for the
15
instrument was made before, on or after that commencement.
16
(2)
The repeal and substitution of paragraph 14(1)(b) of the Legislation Act
17
2003 made by this Division applies to application, adoption or
18
incorporation of provisions by an instrument made on or after the
19
commencement of this item, whether the enabling legislation for the
20
instrument was made before, on or after that commencement.
21
Division 2
--Amendments commencing on Proclamation
22
Legislation Act 2003
23
11 Section 15D
24
Repeal the section, substitute:
25
15D Federal Register of Legislation--rectification of Register
26
(1) If:
27
(a) the First Parliamentary Counsel becomes aware that the
28
Register contains an error; and
29
(b) the error is that:
30
Other measures Schedule 2
Main amendments Part 1
No. , 2018
Legislation Amendment (Sunsetting Review and Other Measures) Bill
2018
19
(i) for an Act as assented to--the text of the Act as it
1
appears in the Register is not the same as the text of the
2
Act as assented to; or
3
(ii) for a legislative instrument or notifiable instrument as
4
made by the rule-maker--the text of the instrument as it
5
appears in the Register is not the same as the text of the
6
instrument as made by the rule-maker; or
7
(iii) for a compilation--the compilation as it appears in the
8
Register does not represent the state of the law that it
9
purports to represent; or
10
(iv) for any other document on the Register--the text of the
11
document as it appears in the Register is not the same as
12
the text of the original document;
13
the First Parliamentary Counsel must arrange for the error in the
14
Register to be rectified as soon as possible.
15
Note:
A disallowable legislative instrument may be required to be re-tabled
16
in the Parliament as a result of the rectification (see section 15DA).
17
(2) The First Parliamentary Counsel must include in the Register a
18
statement that the rectification has been made, and a brief outline
19
of the rectification in general terms.
20
(3) The rectification:
21
(a) does not affect any right or privilege that was acquired, or
22
that accrued, because of reliance on the content of the
23
Register before the rectification was made; and
24
(b) does not impose or increase any obligation or liability that
25
was incurred before the rectification was made.
26
Rectification does not affect time of registration
27
(4) To avoid doubt, the rectification of an error under subsection (1) in
28
relation to an instrument does not affect the time at which the
29
instrument is taken to have been registered.
30
Note:
For example, subsection (1) does not affect the commencement of an
31
instrument that is expressed to commence on the day after registration.
32
Schedule 2 Other measures
Part 1 Main amendments
20
Legislation Amendment (Sunsetting Review and Other Measures) Bill
2018
No. , 2018
15DA Requirement for re-tabling and new disallowance period after
1
rectification of Register
2
(1) This section applies if:
3
(a) the First Parliamentary Counsel rectifies an error in the
4
Register referred to in subparagraph 15D(1)(b)(ii); and
5
(b) the rectification results in a version (the originally tabled
6
version) of a disallowable legislative instrument that was
7
previously registered being replaced by another version (the
8
correct version) of the instrument; and
9
(c) at the time of the rectification, the originally tabled version of
10
the instrument has been laid before either or both Houses of
11
the Parliament under subsection 38(1).
12
Requirement for re-tabling
13
(2) The First Parliamentary Counsel must arrange for a copy of the
14
correct version of the instrument to be delivered to each House of
15
the Parliament to be laid before each House within 6 sitting days of
16
that House after the rectification.
17
Note:
The re-tabling of the instrument does not affect any disallowance of
18
the instrument. In all other cases, the re-tabling of the instrument starts
19
a new disallowance period (see subsections (3) and (4)).
20
Application of new disallowance period
21
(3) The following applies (subject to subsection (4)) for the purposes
22
of this Act:
23
(a) the instrument is taken to have been delivered to, and laid
24
before, a House of the Parliament under subsection 38(1)
25
when the instrument is delivered to, and laid before, that
26
House under subsection (2) of this section (except for the
27
purposes of subsection 39(2));
28
(b) the instrument becomes subject to disallowance under Part 2
29
of Chapter 3;
30
(c) section 46 applies as if the instrument had been registered at
31
the time of the rectification;
32
(d) if the disallowance period for the originally tabled version
33
has ended--any repeal of the instrument or a provision of the
34
Other measures Schedule 2
Main amendments Part 1
No. , 2018
Legislation Amendment (Sunsetting Review and Other Measures) Bill
2018
21
instrument under section 48A or 48C is taken not to have
1
occurred;
2
(e) if:
3
(i) a notice of motion to disallow the instrument or a
4
provision of the instrument has been given in a House of
5
the Parliament; and
6
(ii) the notice has not been withdrawn; and
7
(iii) the motion has not been disposed of;
8
at the time the correct version of the instrument is laid before
9
a House as mentioned in subsection (2)--that notice of
10
motion is taken to have been given in that House on the
11
sitting day of that House after the correct version of the
12
instrument is laid before that House;
13
(f) if a provision of the instrument (but not the whole
14
instrument) has previously been disallowed--the laying
15
before a House of the Parliament as mentioned in
16
subsection (2) does not affect the previous disallowance of
17
the provision.
18
(4) Subsection (3) does not apply in relation to an instrument if, at the
19
time the instrument is delivered to a House of the Parliament under
20
subsection (2), the instrument has been disallowed.
21
Section does not affect time of registration
22
(5) To avoid doubt, the laying before a House of the Parliament of an
23
instrument as mentioned in subsection (2) does not affect the time
24
at which the instrument is taken to have been registered (except as
25
provided by paragraph (3)(c)).
26
12 Subparagraph 15L(1)(e)(i)
27
Omit "(correction of registration errors)", substitute "(Federal Register
28
of Legislation--rectification of Register)".
29
13 Application provision
30
The repeal and substitution of section 15D of the Legislation Act 2003
31
made by this Division applies in relation to errors rectified on or after
32
the commencement of this item.
33
Schedule 2 Other measures
Part 2 Consequential amendments
22
Legislation Amendment (Sunsetting Review and Other Measures) Bill
2018
No. , 2018
Part 2--Consequential amendments
1
Excise Act 1901
2
14 Subsection 164A(2)
3
Omit "12(3)", substitute "12(1A)".
4
Excise Tariff Act 1921
5
15 Subsection 6CA(1A) (note)
6
Omit "12(3)", substitute "12(1A)".
7
Income Tax Assessment Act 1997
8
16 Subsections 293-115(7) and 293-145(2A)
9
Omit "12(3)", substitute "12(1A)".
10
Independent Contractors Act 2006
11
17 Subsection 42(4)
12
Omit "12(3)", substitute "12(1A)".
13
Taxation Administration Act 1953
14
18 Subsection 133-130(4) in Schedule 1
15
Omit "12(3)", substitute "12(1A)".
16
Other measures Schedule 2
Contingent amendments Part 3
No. , 2018
Legislation Amendment (Sunsetting Review and Other Measures) Bill
2018
23
Part 3--Contingent amendments
1
Criminal Code Act 1995
2
19 Subsection 80.1AA(2A) of the Criminal Code
3
Omit "12(3)", substitute "12(1A)".
4