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This is a Bill, not an Act. For current law, see the Acts databases.
1996-97-98
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a
first
time
Legislative
Instruments Bill 1996
No. ,
1998
(Attorney-General)
A
Bill for an Act relating to the making, registration, Parliamentary scrutiny and
periodic repeal of legislative instruments, and for related
purposes
9800820—672/3.3.1998—(8/98) Cat. No.
97 2699 3 ISBN 0644 516178
Contents
Aboriginal and Torres Strait Islander Commission Act
1989 0644516178.html
Acts Interpretation Act
1901 0644516178.html
Amendments Incorporation Act
1905 0644516178.html
Commonwealth Electoral Act
1918 0644516178.html
Defence Act
1903 0644516178.html
Family Law Act
1975 0644516178.html
Federal Court of Australia Act
1976 0644516178.html
Industrial Relations Act
1988 0644516178.html
Judiciary Act
1903 0644516178.html
Public Service Act
1922 0644516178.html
Remuneration Tribunal Act
1973 0644516178.html
Statutory Rules Publication Act
1903 0644516178.html
A Bill for an Act
relating to the making, registration, Parliamentary scrutiny and periodic repeal
of legislative instruments, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Legislative Instruments Act
1996.
(1) Subject to subsections (2) and (3), this Act commences on a day to be
fixed by Proclamation.
(2) The day fixed by Proclamation for the
purposes of subsection (1) must be the first day of a month of a year.
(3) If this Act does not commence within 6 months after the day on which
this Act receives the Royal Assent, it commences on the first day of the first
month:
(a) that is a month of a year; and
(b) that occurs after the end of that 6 months.
Subject to section 2, each Act that is specified in Schedule 4 to this
Act is amended or repealed as set out in the applicable items in the Schedule,
and any other item in the Schedule has effect according to its terms.
(1) In this Act, unless the contrary intention appears:
ADJR Act means the Administrative Decisions (Judicial
Review) Act 1977.
commencing day means the day on which this Act
commences.
Corporations Law of the Capital Territory means the
Corporations Law of the Australian Capital Territory and the Jervis Bay
Territory.
enabling legislation, in relation to a legislative
instrument, means the Act or legislative instrument, or the part of an Act or of
a legislative instrument, that authorises the making of the legislative
instrument concerned.
explanatory statement, in relation to a legislative
instrument, means the statement prepared by the rule-maker in accordance with
the requirements of section 44.
government business enterprise means a body
whose name is included in Schedule 3.
Note: Schedule 3 may be amended by regulations. See
subsection 75(2).
Index, in relation to the Register, means the Part of the
Register compiled in accordance with Division 6 of Part 4.
legislative instrument has the meaning given by
section 5.
Legislative Instrument Proposal means a Legislative
Instrument Proposal prepared under section 21.
lodge, in respect of a document required to be lodged under
Part 4 with the Principal Legislative Counsel, means:
(a) if the document to be lodged is required to be an original
document—give or send by certified mail or in any other manner prescribed
for the purpose; and
(b) if the document to be lodged is not required to be an original
document—give, send by certified mail or in any other manner prescribed
for the purpose, or transmit electronically.
making, in relation to an instrument that will become, or
that is, a legislative instrument, means the signing, sealing or other
endorsement of an instrument by the person or body empowered to make it whereby
it becomes or became that legislative instrument.
prescribed authority means:
(a) a body corporate, or an unincorporated body, established for a public
purpose by, or in accordance with the provisions of, an Act, other
than:
(i) an unincorporated company or association; or
(ii) a body that is declared by the regulations not to be a prescribed
authority for the purposes of this Act; or
(b) any other body, whether incorporated or unincorporated, declared by
the regulations to be a prescribed authority for the purposes of this Act;
or
(c) the person holding, or performing the duties of, an office established
by an Act; or
(d) the person holding, or performing the duties of, an appointment
declared by the regulations to be an appointment the holder of which is a
prescribed authority for the purposes of this Act.
Principal Legislative Counsel means the officer
of the Department designated as the Principal Legislative Counsel under Part
2.
principal officer, in relation to a prescribed
authority, means:
(a) the person who constitutes, or is acting as the person who
constitutes, the authority or, if the authority is constituted by 2 or more
persons, the person who is entitled to preside at any meeting of the authority
at which he or she is present; or
(b) if the affairs of the authority are administered or managed by a board
or other group of persons—the person who is entitled to preside at any
meeting of that board or other group at which he or she is present.
Register means the Federal Register of Legislative
Instruments established under section 36.
regulatory review body means a body (whether corporate or
unincorporate) or a branch or part of the Australian Public Service that is
declared by the regulations to be the regulatory review body for the purposes of
this Act.
responsible Minister, in relation to a legislative instrument
or a proposed legislative instrument, means the Minister administering the
enabling legislation for that instrument.
rule-maker has the meaning given by subsection
(3).
State includes the Australian Capital Territory and the
Northern Territory.
Statutory Rules series means the series of
statutory rules printed in accordance with the requirements of subsection 5(1)
of the Statutory Rules Publication Act 1903 as in force from time to time
before the commencing day.
working day means a day that is not a Saturday, a
Sunday or a public holiday in the Australian Capital Territory.
(2) In this Act, if an act or thing is required to be done within a
specified number of working days of a particular event, that act or thing can be
done at any time after that event during normal business hours:
(a) on the day on which the event occurred (if it is a working day);
or
(b) on a working day included in the specified number of working days next
following that day.
(3) In this Act, unless the contrary intention appears:
(a) a reference to an entry in the Register is a reference to particulars
kept by use of a computer and comprising the Register; and
(b) a reference to a document being registered, or entered on the
Register, is a reference to the recording of an image of that document as part
of the Register; and
(c) a reference to a rule-maker, in relation to a legislative instrument
or a proposed legislative instrument, is a reference to:
(i) if the legislative instrument is, or will be, authorised to be made by
the Governor-General and the reference appears in section 10—the
Governor-General; and
(ii) if the legislative instrument is, or will be, authorised to be made
by the Governor-General and the reference appears in any other provision of this
Act—the responsible Minister; and
(iii) if the legislative instrument is, or will be, authorised to be made
by a person other than the Governor-General or by a body—that other person
or body; and
(d) a
reference in this Act to a rule-maker who makes, or proposes to make, a
legislative instrument includes a reference to the person who is, or will be,
taken to be the rule-maker of the instrument in spite of the fact that that
person may not actually make, or may not propose to make, the instrument
concerned.
(1) Subject to subsection (4) and to section 7, a legislative instrument
is an instrument in writing:
(a) that is of a legislative character; and
(b) that is or was made in the exercise of a power delegated by the
Parliament.
(2) Without limiting the generality of subsection (1), an instrument is
taken to be of a legislative character if:
(a) it determines the law or alters the content of the law, rather than
applying the law in a particular case; and
(b) it has the direct or indirect effect of affecting a privilege or
interest, imposing an obligation, creating a right, or varying or removing an
obligation or right.
(3) Without limiting the generality of subsection (1), each of the
following instruments is, subject to subsection (4) and to section 7, a
legislative instrument:
(a) an instrument:
(i) made in the exercise of a power delegated by the Parliament before, on
or after the commencing day; and
(ii) described as a regulation by the enabling legislation;
(b) an instrument, other than a regulation:
(i) made in the exercise of a power delegated by the Parliament before the
commencing day; and
(ii) required to be printed and sold as a statutory rule under subsection
5(1) of the Statutory Rules Publication Act 1903 as in force at any time
before the commencing day;
(c) an instrument:
(i) made in the exercise of a power delegated by the Parliament before, on
or after the commencing day in an Act providing for the government of a non
self-governing Territory; and
(ii) described in that Act as an Ordinance or as a rule, regulation or
by-law made under such an Ordinance;
(d) an instrument made in the exercise of a power delegated by the
Parliament before the commencing day and, in accordance with a provision of the
enabling legislation:
(i) declared to be a disallowable instrument for the purposes of section
46A of the Acts Interpretation Act 1901 as in force at any time before
the commencing day; or
(ii) otherwise able to be disallowed under Part XII of the Acts
Interpretation Act 1901 as in force at any time before the commencing
day;
(e) a Proclamation made under enabling legislation;
whether the instrument is made before, on or after the commencing
day.
(4) An instrument is not a legislative instrument if:
(a) it is of a kind listed in the table set out in Schedule 1;
or
(b) it is made under an Act or a legislative instrument or a part of an
Act or legislative instrument:
(i) that first authorised the making of the first-mentioned instrument on
or after the commencing day; and
(ii) that declared the first-mentioned instrument not to be a legislative
instrument for the purposes of this Act.
(4A) A declaration in a legislative instrument (whether the declaration is
included in the instrument, before, on or after the commencing day) to the
effect that another instrument will not be, or is not, a legislative instrument
for the purposes of this Act is of no effect unless:
(a) the Attorney-General has given the rule-maker a certificate, in
writing, before the inclusion of the declaration in the first-mentioned
instrument, that he or she agrees to the inclusion of the declaration in the
first-mentioned instrument; and
(b) the certificate sets out the reasons for so agreeing.
(5) The inclusion of a kind of instrument in the table set out in Schedule
1 does not imply that such an instrument would, if it were not so included, be a
legislative instrument under subsection (1).
(6) If:
(a) the making of an instrument is authorised before the commencing day;
and
(b) the instrument is of a kind included in the table set out in Schedule
1 or is not otherwise a legislative instrument; and
(c) the instrument is required:
(i) to have its text, or particulars of its making, published in the
Gazette; or
(ii) to be laid before either or both of the Houses of the Parliament
without provision for its disallowance;
that requirement is unaffected by this legislation whether the instrument
is made before, on or after the commencing day.
A reference in this Act to a power delegated by the Parliament includes a
reference to a power delegated by the Parliament to a rule-maker and then, under
the authority of the Parliament, further delegated by the rule-maker to another
rule-maker.
Rules of court for the High Court, the Federal Court of Australia, the
Family Court of Australia and the Industrial Relations Court of Australia are
not legislative instruments for the purposes of this Act.
(1) If a person or body having authority to make instruments of a
particular kind is uncertain whether an instrument of that kind:
(a) that was made before the commencing day; and
(b) that is not entered in the Register;
is, or is not, a legislative instrument, the person or body may, at any
time before the day that would be the last day for lodging the instrument for
registration if it were a legislative instrument, apply, in writing, to the
Attorney-General to determine the matter.
(2) If a person or body having authority to make an instrument of a
particular kind:
(a) proposes to make an instrument of that kind on or after the commencing
day; and
(b) is uncertain whether an instrument of that kind will be, or will not
be, a legislative instrument;
the person or body may apply, in writing, to the Attorney-General to
determine the matter.
(3) The regulations may make provision in relation to the content and form
of, and manner of making, applications under subsections (1) and (2).
(4) If application is made to the Attorney-General in respect of an
instrument, or an instrument of a particular kind, the Attorney-General
must:
(a) determine whether that instrument is, or is not, or whether an
instrument of that kind will be, or will not be, a legislative instrument;
and
(b) issue a certificate, in writing, to that effect, and set out the
reasons for that decision in the certificate; and
(c) give the certificate to the Principal Legislative Counsel and give a
copy of the certificate to the applicant.
(5) Subject only to its reconsideration in the circumstance described in
subsection (6), a certificate given by the Attorney-General under this section
is, for all purposes, conclusive of the question whether the instrument to which
the certificate relates is, or is not, or whether an instrument of the kind to
which the certificate relates will be, or will not be, a legislative
instrument.
(6) If:
(a) the Attorney-General issues a certificate under this section to the
effect that a particular instrument is, or is not, or that an instrument
of a particular kind will be, or will not be, a legislative instrument;
and
(b) the Federal Court of Australia (the Court)
subsequently reviews the decision to issue the certificate under the
ADJR Act and makes an order under section 16 of that Act to quash or set
aside the decision;
the Attorney-General must reconsider the matter and issue a replacement
certificate.
(7) Despite section 16 of the ADJR Act, the order of the Court to quash or
set aside the decision to issue a certificate under this section takes effect
only from the time immediately before the issue of the replacement
certificate.
(8) If the Attorney-General decides, on reconsideration of the
matter:
(a) that an instrument that he or she has certified to be a legislative
instrument is not such an instrument; or
(b) that an instrument of a kind that he or she has certified will be a
legislative instrument will not be such an instrument;
then:
(c) that instrument, or an instrument of that kind made after the issue of
the original certificate, that would, but for its registration, have been
required to be notified in the Gazette, must be so notified as soon as
practicable but not later than 3 working days after the issue of the replacement
certificate; and
(d) if the instrument is so notified, it is taken for all purposes always
to have been notified as required; and
(e) any act or thing done in accordance with the instrument, whether
before or after its notification, is validly done.
(9) If the Attorney-General decides, on reconsideration of the
matter:
(a) that an instrument that he or she certified not to be a legislative
instrument is such an instrument; or
(b) that an instrument of a kind that he or she has certified will not be
a legislative instrument will be such an instrument;
then:
(c) that instrument, or an instrument of that kind made after the issue of
the original certificate, must be registered:
(i) by the date required for registration under Division 4 of Part 4 if
that Division is applicable to the instrument; or
(ii) if that Division is not applicable or that date has already
passed—as soon as practicable but not later than 3 working days after the
issue of the replacement certificate; and
(d) if the instrument is so registered, it is taken, for all purposes of
this Act, to have been so registered within the time required by this Act for
its registration; and
(e) any act or thing done in accordance with, or in reliance on, the
instrument, whether before or after its registration, is taken to have been
validly done.
(10) If the Attorney-General decides, on reconsideration of the
matter:
(a) that an instrument that he or she has certified to be a legislative
instrument is such an instrument; or
(b) that an instrument of a kind that he or she has certified will be a
legislative instrument will be such an instrument;
then:
(c) the requirement for registration of that instrument or of an
instrument of that kind is unaffected; and
(d) any registration of that instrument or of an instrument of that kind
that is already effected remains effective.
(11) In any case where, under the ADJR Act, the Court makes an order
quashing or setting aside a decision to issue a certificate under this section,
the rule-maker in relation to the particular instrument, or to an instrument of
a particular kind, to which the decision related, must:
(a) as soon as practicable after that order is made, notify the Principal
Legislative Counsel, in writing, of the Court’s decision; and
(b) as soon as practicable after the issue of a replacement
certificate—give the replacement certificate to the Principal Legislative
Counsel and give a copy of the certificate to the applicant for the original
certificate.
(1) A legislative instrument that is made on or after the commencing day,
or a particular provision of such an instrument, takes effect from:
(a) the day specified in the instrument for the purposes of the
commencement of the instrument or provision; or
(b) the day and time specified in the instrument for the purposes of the
commencement of the instrument or provision; or
(c) the day, or day and time, of commencement of an Act, or of a provision
of an Act, that is specified in the instrument for the purposes of the
commencement of the instrument or provision; or
(d) in any other case—the first moment (according to the time
applicable in the Australian Capital Territory) of the day next following the
day when it is registered.
Note: There are certain instruments that, by virtue of
subsection 67(2), are made before, but treated as having been made on, the
commencing day.
(2) The effect of subsection (1) on a legislative instrument is subject to
any contrary provision for commencement of the instrument in the enabling
legislation for the instrument if the enabling legislation is an Act or a
provision of an Act.
(3) Despite subsection (1) and section 67, an application order
that:
(a) is made wholly or partly under section 111A of the Corporations Law of
the Capital Territory; and
(b) is a legislative instrument;
commences when it would commence if it were not a legislative instrument to
which this Act applied.
(4) Despite subsection (1) and section 67, a legislative instrument made
by the Australian Securities Commission under subsection 11(1A) of the
Australian Securities Commission Act 1989 or wholly or partly under the
Corporations Law of the Capital Territory commences when it would commence if it
were not a legislative instrument to which this Act applied.
(5) A legislative instrument, or a provision of a legislative instrument,
has no effect if, apart from this subsection, it would take effect before it is
entered on the Register and as a result:
(a) the rights of a person (other than the Commonwealth or an authority of
the Commonwealth) as at the time of registration would be adversely affected;
or
(b) liabilities would be imposed on a person (other than the Commonwealth
or an authority of the Commonwealth) in respect of anything done or omitted to
be done before the time of registration.
(1) If enabling legislation confers on a rule-maker the power to make a
legislative instrument then, unless the contrary intention appears:
(a) the Acts Interpretation Act 1901 applies to any legislative
instrument so made as if it were an Act and as if each provision of the
legislative instrument were a section of an Act; and
(b) expressions used in any legislative instrument so made have the same
meaning as in the enabling legislation; and
(c) any legislative instrument so made is to be read and construed subject
to the enabling legislation, and so as not to exceed the power of the
rule-maker.
(2) If any legislative instrument would, but for subsection (1), be
construed as being in excess of the rule-maker’s power, it is to be taken
to be a valid instrument to the extent to which it is not in excess of that
power.
(3) If enabling legislation confers on a rule-maker the power to make a
legislative instrument:
(a) specifying, declaring or prescribing a matter or thing; or
(b) doing anything in relation to a matter or thing;
then, in exercising the power, the rule-maker may identify the matter or
thing by referring to a class or classes of matters or things.
Note: This section has a parallel, in relation to
instruments that are not legislative instruments, in section 46 of the Acts
Interpretation Act 1901.
If enabling legislation authorises or requires provision to be made in
relation to any matter in a legislative instrument, the legislative instrument
may, unless the contrary intention appears, make provision in relation to that
matter by applying, adopting or incorporating, with or without
modification:
(a) the provisions of any Act, or of any legislative instrument, as in
force at a particular time or as in force from time to time; or
(b) any matter contained in any other instrument or writing as in force or
existing at the time when the first-mentioned legislative instrument takes
effect, but not as in force or existing from time to time.
Note: This section has a parallel, in relation to
instruments that are not legislative instruments, in section 46A of the Acts
Interpretation Act 1901.
The repeal of any legislative instrument, or of any provision of a
legislative instrument, does not, unless the contrary intention appears in the
Act or legislative instrument effecting the repeal:
(a) revive anything not in force or existing at the time at which the
repeal takes effect; or
(b) affect the previous operation of the instrument or provision or
anything duly done or suffered under the instrument or provision; or
(c) affect any right, privilege, obligation or liability acquired, accrued
or incurred under the instrument or provision; or
(d) affect any penalty, forfeiture or punishment incurred in respect of
any offence committed against the instrument or provision; or
(e) affect any investigation, legal proceeding or remedy in respect of any
such right, privilege, obligation, liability, penalty, forfeiture or
punishment;
and any such investigation, legal proceeding or remedy may be instituted,
continued or enforced, and any such penalty, forfeiture or punishment may be
imposed, as if the repealing Act or instrument had not been enacted or
made.
Despite section 9 of the Corporations Act 1989, this Act applies
in relation to:
(a) legislative instruments that are reserved laws; and
(b) legislative instruments for which the enabling legislation is a
reserved law.
For this purpose, reserved law has the meaning given by
section 9 of the Corporations Act 1989.
An officer of the Senior Executive Service in the Department is to be
designated by the Secretary to the Department to be the Principal Legislative
Counsel.
The Principal Legislative Counsel is responsible for:
(a) ensuring that all legislative instruments are of a high standard;
and
(b) maintaining the Register; and
(c) maintaining a database of all electronic copies given to the Principal
Legislative Counsel under Part 4; and
(d) ensuring that all original legislative instruments lodged with the
Principal Legislative Counsel under Part 4 (other than instruments made or
approved by the Governor-General) are retained and, as necessary, transferred to
the Australian Archives for storage; and
(e) delivering to each House of the Parliament copies of all legislative
instruments for which, in accordance with Part 5, Parliamentary scrutiny is
required.
(1) To ensure that legislative instruments are of a high standard, the
Principal Legislative Counsel may take any steps he or she considers likely to
promote their legal effectiveness, their clarity and their intelligibility to
anticipated users.
(2) The steps referred to in subsection (1) include, but are not limited
to:
(a) undertaking or supervising the drafting of legislative instruments;
and
(b) scrutinising preliminary drafts of legislative instruments;
and
(c) providing advice concerning the drafting of legislative instruments;
and
(d) providing training in drafting and matters related to drafting to
officers and employees of other Departments or agencies; and
(e) arranging the temporary secondment to other Departments or agencies of
staff responsible to the Principal Legislative Counsel; and
(f) providing drafting precedents to officers and employees of other
Departments or agencies.
(1) The purposes of this Part are:
(a) to encourage consultation before the making of legislative
instruments; and
(b) to provide for procedures for consultation:
(i) that must be followed in relation to some legislative instruments
likely to have a direct, or a substantial indirect, effect on business;
and
(ii) that may be followed in any other case if the rule-maker considers
that the procedures are appropriate.
(2) The Parliament’s intention in encouraging consultation before
the making of legislative instruments is to improve the quality of proposed
legislative instruments by:
(a) drawing on the expertise of persons in fields relevant to the proposed
instruments; and
(b) ensuring that persons likely to be affected by the proposed
instruments have an adequate opportunity to comment on the policy and content of
the proposed instruments.
If:
(a) a legislative instrument is proposed to be made at any time on or
after the first day of the seventh month after the commencing day; and
(b) the instrument will be made under enabling legislation comprising an
Act that is listed in column 1 of the table set out in Schedule 2 or, if a part
of an Act is listed in column 2 of that table, under enabling legislation
comprising that part of that Act;
the rule-maker must comply with the obligations of sections 20 to 25,
except to the extent that the rule-maker is not required to do so because of the
operation of section 28, 30 or 31 or of subsection 61(5).
For the purposes of consultation procedures required by this Part, the
responsible Minister in relation to a proposed legislative instrument (whether
that Minister is the rule-maker or not):
(a) must decide whether or not there is a particular body or organisation
that sufficiently represents, or a combination of particular bodies or
organisations that together sufficiently represent, the interests of most
persons, or of all persons, likely to be affected by the instrument or by
instruments of that kind; and
(b) must record the decision in writing and set out the reasons for the
decision.
A rule-maker who proposes to make a legislative instrument must, subject
to sections 28 and 30 and subsection 61(5), in such manner as the rule-maker
determines to be appropriate to the circumstances:
(a) notify the persons most likely to be affected by the proposed
instrument or, if the responsible Minister has identified particular bodies or
organisations as sufficiently representing most or all of those persons, notify
those bodies or organisations:
(i) of the issues giving rise to the need for the proposed instrument;
and
(ii) of the objective to be achieved by making the proposed instrument;
and
(b) invite those persons, or those bodies and organisations, to make
written submissions, before a date specified in the notification, commenting on
the issues and the objective, and on possible ways (whether legislative or
otherwise) of achieving the objective.
(1) If, after consideration of the submissions (if any) made in response
to a notification under section 20 concerning a proposed legislative instrument
and any other relevant matters, the rule-maker continues to consider that a
legislative instrument is the preferable means for achieving the objective
notified under section 20, the rule-maker must, subject to sections 28 and 30
and subsection 61(5), prepare a written Legislative Instrument
Proposal.
(2) A Legislative Instrument Proposal must contain:
(a) a full statement of the issues giving rise to the need for the
proposed legislative instrument and of the objective of the instrument;
and
(b) a statement of the various options (whether legislative or otherwise
and whether raised in submissions referred to in subsection (1) or not) that may
constitute viable means for achieving the objective; and
(c) a statement of the direct and indirect social and economic costs and
benefits of each such option; and
(d) an evaluation of the options with a recommendation.
(3) Without limiting the generality of paragraph (2)(c), the statement of
costs and benefits of an option must include:
(a) an evaluation of the impact of the option on particular groups in the
community; and
(b) a statement of the costs and benefits so far as competition, resource
allocation, administration and compliance are concerned; and
(c) if the option restricts competition—consideration of whether the
restriction is necessary to achieve the stated objective and, if so,
consideration of whether the option should be pursued despite the
restriction.
(4) The rule-maker must, as soon as practicable after preparing the
Legislative Instrument Proposal, submit it to the regulatory review body and
seek the body’s written certification that the Proposal meets the
requirements of this Part.
(5) If the regulatory review body is satisfied:
(a) that the notification, under section 20, of the proposal to make a
legislative instrument was adequate; and
(b) that the Legislative Instrument Proposal sufficiently addresses the
matters that it is required to address under subsection (2);
the regulatory review body must certify in writing that the Legislative
Instrument Proposal meets the requirements of this Part and set out the reasons
for being so satisfied.
(1) As soon as practicable after the regulatory review body has certified
that a Legislative Instrument Proposal prepared in respect of a particular
legislative instrument meets the requirements of this Part, the rule-maker
concerned must, subject to sections 28, 30 and 31 and subsection
61(5):
(a) invite written submissions relating to the proposed instrument;
or
(b) invite participation in a public hearing relating to the proposed
instrument.
(2) The responsible Minister in relation to a proposed legislative
instrument may direct the rule-maker to invite participation in a public hearing
relating to the proposed instrument (whether written submissions have already
been invited under subsection (1) or not).
(3) The rule-maker must obey a direction to invite participation in a
public hearing.
(4) The rule-maker must advise the responsible Minister if the rule-maker
believes that the proposed instrument is, or is likely to be, controversial or
sensitive.
(5) Subsections (2), (3) and (4) do not apply in relation to a proposed
legislative instrument if the responsible Minister is the rule-maker.
(6) If the responsible Minister becomes satisfied (as a result of advice
under subsection (4) or otherwise) that the proposed instrument is, or is likely
to be, controversial or sensitive, the responsible Minister must:
(a) if the responsible Minister is the rule-maker—decide whether or
not to invite participation in a public hearing relating to the proposed
instrument; or
(b) if the responsible Minister is not the rule-maker—decide whether
or not to direct the rule-maker to invite participation in a public hearing
relating to the proposed instrument.
The responsible Minister must record in writing his or her decision and the
reasons for it.
(1) An invitation under section 22 must:
(a) declare the intention to make the proposed legislative instrument;
and
(b) describe how to obtain or inspect copies of the Legislative Instrument
Proposal; and
(c) describe how to obtain or inspect copies of either:
(i) a statement providing a broad description of the proposed instrument;
or
(ii) a preliminary draft of the proposed instrument; and
(d) if written submissions are invited—indicate the time by which,
and the place at which, those submissions may be made in relation to either or
both of:
(i) the Legislative Instrument Proposal; and
(ii) the statement or preliminary draft.
(2) An invitation to participate in a public hearing must also invite
anyone having an interest in the proposed instrument to express his or her views
at a time and place indicated in the invitation.
(3) For the purposes of paragraph (1)(d) and subsection (2), the time by
which a written submission may be made or at which views may be expressed must
be a time:
(a) on a day at least 21 days after the day the invitation is advertised
or given; or
(b) on an earlier day specified in writing by the Attorney-General in
special circumstances.
(4) If the rule-maker of a proposed legislative instrument:
(a) advertises or gives an invitation (the earlier
invitation) to make written submissions relating to the proposed
instrument; and
(b) later advertises or gives an invitation (the later
invitation) to participate in a public hearing relating to the proposed
instrument;
the time specified in the later invitation for making written submissions
must not be earlier than the time specified in the earlier invitation.
(1) An invitation under section 22 must be advertised in:
(a) each State; and
(b) the Jervis Bay Territory; and
(c) each inhabited external Territory where the enabling legislation for
the proposed instrument applies.
The advertising must be included in one or more newspapers circulating in
the relevant States and Territories or broadcast on electronic media received in
the relevant States or Territories.
(2) An invitation under section 22 seeking written submissions concerning
a proposed legislative instrument must, if the responsible Minister has, under
section 19, identified at least one representative body or organisation, be
given to each such body or organisation, irrespective of its being given to any
other person.
(1) Any written submission that relates to a proposed legislative
instrument and is received by the time specified in the invitation under section
22 must be considered before the proposed legislative instrument is
made.
(2) Any submission made at a public hearing in relation to a proposed
legislative instrument must be considered before the proposed instrument is
made.
(3) If the rule-maker of a proposed legislative instrument has invited
written submissions in relation to the proposed instrument and later invites
participation in a public hearing relating to the proposed instrument, the later
invitation does not prevent a person from making a written submission in
accordance with the earlier invitation.
(1) Subject to subsection (2), a written submission received in response
to a notification under section 20, or to an invitation under section 22,
concerning a proposed legislative instrument, or a part of such a submission
may:
(a) be identified as a submission received in the course of consultation
relating to that instrument; and
(b) be referred to in the course of that consultation; and
(c) be made available to other participants in that consultation on
request.
(2) If:
(a) a person makes a submission referred to in subsection (1);
and
(b) the person indicates, in writing, at the time of making the
submission, that the submission, or any part of it, is sensitive;
then, to the extent that any of the activities referred to in a paragraph
of subsection (1) involves a disclosure of the information contained in the
submission, or in that part of the submission, that activity must not be carried
out unless there has been prior consultation with the person making the
submission.
(3) The Freedom of Information Act 1982 applies in relation to
written submissions received under this Part.
(1) A rule-maker who makes a legislative instrument must, in all cases,
prepare a written consultation statement in respect of the instrument.
(2) The rule-maker must indicate in the consultation statement whether,
disregarding the operation of sections 28, 30 and 31 and of subsection 61(5),
the rule-maker would have been required to comply with the obligations of
sections 20 to 25 and:
(a) if the rule-maker would not have been so required to comply with the
obligations of sections 20 to 25:
(i) indicate whether there was any consultation prior to the making of the
legislative instrument; and
(ii) if there was any such consultation—provide brief particulars of
that consultation; or
(b) if the rule-maker would have been so required to comply with the
obligations of sections 20 to 25—include in the consultation statement all
particulars required under subsection (3).
(3) The consultation statement in respect of a legislative instrument must
include:
(a) if a notification was made under section 20 in respect of the
instrument—a description of that notification including a statement of the
persons, bodies or organisations notified, the method of notification employed
and the submissions received; and
(b) if an invitation was given under section 22 in respect of the
instrument—a description of any consultation arising from that invitation
including a statement of the methods of advertisement employed, the reasons for
choosing the method employed, the persons, bodies or organisations invited to
participate and the submissions received or views expressed; and
(c) if, under section 19, the responsible Minister had identified any body
or organisation as representing some or all of the persons likely to be affected
by the instrument—particulars of that body or organisation; and
(d) if, under subsection 21(5), the regulatory review body had certified
that it was satisfied of the matters referred to in paragraphs (a) and (b) of
that subsection—a statement that the regulatory review body had so
certified; and
(e) if, under subsection 22(6), the responsible Minister was satisfied
that the instrument would be likely to be controversial or sensitive—a
statement to that effect indicating the reasons for being so satisfied;
and
(f) if, under subsection 23(3), the Attorney-General specified a day less
than 21 days after the advertising or giving of an invitation under section 22
to respond to that invitation—a statement of the reasons for so doing;
and
(g) if compliance with consultation procedures under this Part was not
required because the rule-maker was satisfied of the matter referred to in
subparagraph 28(1)(a)(i) or (ii) and the regulatory review body had certified
that it was also satisfied of the matter—a statement that the rule-maker
was so satisfied and that the regulatory review body had so certified;
and
(h) if compliance with consultation procedures under this Part was not
required because the rule-maker was satisfied of the matter referred to in
subparagraph 28(1)(a)(iii), (iv), (v), (vi), (vii) or (viii)—a statement
that the rule-maker was so satisfied; and
(i) if compliance with consultation procedures under this Part was not
required because the rule-maker was satisfied under section 30 that there was an
adequate reason for not complying with those procedures—a statement that
the rule-maker was so satisfied; and
(j) if compliance with certain consultation procedures set out in sections
22 to 25 was not required because the regulatory review body had certified under
section 21 that it was satisfied of the matters referred to in paragraphs
21(5)(a) and (b) and under section 31 that it was satisfied of the matter or
matters referred to in paragraph 31(1)(b) or (2)(b) —a statement that the
regulatory review body had so certified.
(4) The following documents must be attached to the consultation
statement:
(a) a copy of any notification under section 20;
(b) a copy of any Legislative Instrument Proposal;
(c) if the responsible Minister identified a representative body or
organisation under section 19—a copy of the record of the responsible
Minister’s decision;
(d) if, under section 21, the regulatory review body certified that it was
satisfied of the matters referred to in paragraphs 21(5)(a) and (b)—a copy
of that certificate;
(e) if, under subsection 22(6), the responsible Minister was satisfied
that a proposed legislative instrument was, or would be likely to be,
controversial or sensitive—a copy of the record of the responsible
Minister’s decision under that subsection whether or not to hold a public
hearing;
(f) if, under subsection 23(3), the Attorney-General specified a day less
than 21 days after the advertising or giving of an invitation under section 22
to respond to the invitation—a copy of the writing in which the
Attorney-General specified the day;
(g) if, under section 28 or 30, the rule-maker was satisfied of a matter
as referred to in paragraph (3)(g), (h) or (i)—a copy of the record of the
rule-maker’s decision;
(h) if, under section 28, the regulatory review body certified that it was
satisfied of a matter referred to in subparagraph 28(1)(a)(i) or (ii)—a
copy of that certificate;
(i) if, under paragraph 31(1)(b) or (2)(b), the regulatory review body
certified that it was satisfied of the matter or matters referred to in that
paragraph—a copy of that certificate.
(1) Despite the inclusion of enabling legislation in the table set out in
Schedule 2, the rule-maker is not required to comply with sections 20 to 25 in
relation to the making of a legislative instrument that the rule-maker proposes
to make under that enabling legislation if:
(a) the rule-maker is satisfied that:
(i) the instrument is not likely to have a direct, or a substantial
indirect, effect on business; or
(ii) the instrument is of a minor or machinery nature and does not
substantially alter existing arrangements; or
(iii) the instrument merely meets an obligation of the Commonwealth under
an international agreement by repeating or adopting the terms of all or part of
an instrument for which the agreement provides or to which the agreement makes
reference; or
(iv) the instrument gives effect, in terms announced in the Budget, to a
specific Budget decision within the meaning of subsection (2); or
(v) the instrument is required because of an issue of national security;
or
(vi) the instrument is an airworthiness directive proposed to be made
under subregulation 37A(4) of the Civil Aviation Regulations to incorporate an
airworthiness directive issued by the aviation authority of the country of
manufacture or design in relation to an aircraft, aircraft component or aircraft
equipment; or
(vii) the instrument is an application order proposed to be made under
section 111A of the Corporations Law of the Capital Territory; or
(viii) the instrument is a Proclamation that provides solely for the
commencement of that enabling legislation or of any provision of that enabling
legislation; and
(b) if the rule-maker is satisfied of the matter referred to in
subparagraph (a)(i) or (ii)—the regulatory review body has certified in
writing that it is also satisfied of that matter and set out the reasons for
being so satisfied.
(2) For the purposes of subparagraph (1)(a)(iv), a decision is a specific
Budget decision only if it is a decision announced in the Budget and it
proposes:
(a) to repeal, impose, or adjust a tax, fee or charge; or
(b) to confer, revoke or alter an entitlement; or
(c) to impose, revoke or alter an obligation.
(3) For the purposes of subparagraph (1)(a)(vi), an airworthiness
directive issued by the aviation authority of the country of manufacture or
design in relation to an aircraft, aircraft component or aircraft equipment
includes an airworthiness directive issued by the aviation authority in relation
to:
(a) an aircraft or a specified type or category of aircraft; or
(b) an aircraft component or a specified type or category of aircraft
component; or
(c) an item of aircraft equipment or a specified type or category of
aircraft equipment.
(4) If the rule-maker is satisfied of the matter referred to in a
subparagraph of paragraph (1)(a), the rule-maker must record that decision in
writing and set out the reasons for being so satisfied.
(1) If:
(a) sections 20 to 25 were not complied with by the rule-maker in relation
to the making of a legislative instrument following a decision by the rule-maker
that he or she is satisfied of a matter referred to in a subparagraph of
paragraph 28(1)(a); and
(b) the Federal Court of Australia (the Court) reviews the
decision under the ADJR Act; and
(c) the Court makes an order under section 16 of the ADJR Act to quash or
set aside the decision;
the rule-maker must reconsider the question whether he or she is satisfied
of any of the matters referred to in a subparagraph of paragraph 28(1)(a) in
relation to the instrument.
(2) The rule-maker must record his or her decision on reconsidering the
matter and set out the reasons for that decision.
(3) If:
(a) the rule-maker, on reconsideration of the matter, is not satisfied of
any of the matters referred to in a subparagraph of paragraph 28(1)(a) in
relation to the instrument; and
(b) the instrument has already come into force;
then the instrument, as in force immediately before the end of the year
that begins when the rule-maker is not so satisfied, is taken to cease to be in
force at the end of that year as if it had been repealed by another legislative
instrument.
(4) For the purposes of subsection (3), a reference to the instrument as
in force at a time includes a reference to any saving or transitional provisions
relating to that instrument contained in an Act or another legislative
instrument that is in force at that time.
(5) If:
(a) a legislative instrument (the amending instrument) had
made amendments to another legislative instrument (the principal
instrument); and
(b) the amending instrument is taken to cease to be in force at a
particular time under subsection (3);
the provisions of the principal instrument as in force immediately before
that time that are inserted by, or that depend on, the amending instrument are
also taken to cease to be in force at that time as if they had been repealed by
another legislative instrument.
(6) If:
(a) a legislative instrument or particular provisions of a legislative
instrument would be taken to cease to be in force under this section (whether
because of subsection (3) or (5) or because of a previous operation of this
subsection) at a time (the sunsetting time); and
(b) the Attorney-General is satisfied, on written application by the
rule-maker, that a proposed instrument (the replacement
instrument) made in substitution for the instrument or provisions will
not be able to be completed before the sunsetting time for any of the following
reasons:
(i) because more time is required for the drafting of the replacement
instrument;
(ii) because more time is required for the purposes of complying with the
consultation requirements in relation to the making of the replacement
instrument;
(iii) because the dissolution or expiration of the House of
Representatives or the prorogation of the Parliament renders it inappropriate to
make any replacement instrument before a new government is formed;
then:
(c) the Attorney-General may issue a certificate providing that the
first-mentioned instrument or provisions are taken to cease to be in force under
this section at a specified time not later than 12 months after the sunsetting
time; and
(d) if the Attorney-General issues such a certificate, the first-mentioned
instrument or provisions are taken to cease to be in force at the specified time
instead of the sunsetting time as if repealed by another legislative
instrument.
(7) If the Attorney-General issues a certificate under paragraph (6)(c),
he or she must:
(a) include in the certificate a statement of the reasons for the issue of
a certificate; and
(b) cause a copy of the certificate to be laid before each House of the
Parliament not later than 6 sitting days of that House after the issue of the
certificate.
(8) The application made by the rule-maker in applying for a certificate
under subsection (6) must:
(a) set out the steps (if any) that the rule-maker has taken, or proposes
to take, to deal with the ceasing to be in force of the instrument or provisions
concerned; and
(b) set out the circumstances that prevented the taking, or the
completion, of such steps.
(1) Subject to subsection (2), if:
(a) the rule-maker would, but for this subsection, be required to comply
with sections 20 to 25 in relation to the making of a legislative instrument
under enabling legislation that is included in the table set out in Schedule 2;
and
(b) the rule-maker has not made a decision that he or she is satisfied of
a matter referred to in a subparagraph of paragraph 28(1)(a) in relation to the
instrument;
the rule-maker may decide not to comply with sections 20 to 25 if the
rule-maker is satisfied that, in the particular circumstances of the case, there
is an adequate reason for that non-compliance.
(2) The rule-maker must not make a decision under subsection (1) in
relation to a legislative instrument that is substantially the same as a
legislative instrument in respect of which a decision under that subsection had
been made at an earlier time if the reasons for both decisions are substantially
the same.
(3) The rule-maker must record a decision under subsection (1) in writing
and set out the reason or reasons.
(4) If the rule-maker makes a decision under subsection (1) in relation to
a legislative instrument, the legislative instrument as in force immediately
before the end of the year beginning on the day of its commencement is taken to
cease to be in force at the end of that year as if it had been repealed by
another legislative instrument.
(5) For the purposes of subsection (4):
(a) a reference to a legislative instrument as in force at a time includes
a reference to any saving or transitional provisions relating to the instrument
that are contained in an Act or legislative instrument that is in force at that
time; and
(b) if a legislative instrument has 2 or more days of commencement, a
reference to the day of commencement of the instrument is a reference to the
earliest of those days.
(6) If:
(a) a legislative instrument (the amending instrument) had
made amendments to another legislative instrument (the principal
instrument); and
(b) the amending instrument is taken to cease to be in force at a
particular time under subsection (4);
the provisions of the principal instrument as in force immediately before
that time that are inserted by, or that depend on, the amending instrument are
also taken to cease to be in force at that time as if they had been repealed by
another legislative instrument.
(7) If:
(a) a legislative instrument or particular provisions of a legislative
instrument would be taken to cease to be in force under this section (whether
because of subsection (4) or (6) or because of a previous operation of this
subsection) at a time (the sunsetting time); and
(b) the Attorney-General is satisfied, on written application by the
rule-maker, that a proposed instrument (the replacement
instrument) made in substitution for the instrument or provisions will
not be able to be completed before the sunsetting time for any of the following
reasons:
(i) because more time is required for the drafting of the replacement
instrument;
(ii) because more time is required for the purposes of complying with the
consultation requirements in relation to the making of the replacement
instrument;
(iii) because the dissolution or expiration of the House of
Representatives or the prorogation of the Parliament renders it inappropriate to
make any replacement instrument before a new government is formed;
then:
(c) the Attorney-General may issue a certificate providing that the
first-mentioned instrument or provisions are taken to cease to be in force under
this section at a specified time not later than 12 months after the sunsetting
time; and
(d) if the Attorney-General issues such a certificate, the first-mentioned
instrument or provisions are taken to cease to be in force at the specified time
instead of the sunsetting time as if repealed by another legislative
instrument.
(8) If the Attorney-General issues a certificate under paragraph (7)(c),
he or she must:
(a) include in the certificate a statement of the reasons for the issue of
a certificate; and
(b) cause a copy of the certificate to be laid before each House of the
Parliament not later than 6 sitting days of that House after the issue of the
certificate.
(9) The application made by the rule-maker in applying for a certificate
under subsection (7) must:
(a) set out the steps (if any) that the rule-maker has taken, or proposed
to take, to deal with the ceasing to be in force of the instrument or provisions
concerned; and
(b) set out the circumstances that prevented the taking, or the
completion, of such steps.
(1) If the regulatory review body:
(a) has certified, under section 21, that a Legislative Instrument
Proposal meets the requirements of this Part; and
(b) certifies under this paragraph, that the consultation required to be
undertaken by the rule-maker in relation to the making of the instrument under
the enabling legislation or an enabling agreement constitutes a level of
consultation comparable with that required under sections 22, 23, 24 and
25;
the rule-maker is not required to comply with sections 22, 23, 24 and 25 in
relation to that instrument.
(2) If the regulatory review body:
(a) has certified, under section 21, that a Legislative Instrument
Proposal meets the requirements of this Part; and
(b) certifies, under this paragraph, that, in the particular circumstances
of the case:
(i) the costs of undertaking consultation in accordance with sections 22,
23, 24 and 25 in relation to the legislative instrument would outweigh any
benefits from that consultation; and
(ii) the consultation required to be undertaken by the rule-maker in
relation to the making of the instrument under the enabling legislation or an
enabling agreement constitutes a sufficient level of consultation;
the rule-maker is not required to comply with sections 22, 23, 24 and 25 in
relation to that instrument.
(3) In this section:
enabling agreement, in relation to a legislative instrument,
means an agreement between the Commonwealth and a State or States, or an
international agreement, pursuant to which the enabling legislation for the
legislative instrument is enacted.
(1) Sections 19 to 31 apply, with any modifications prescribed by the
regulations, in relation to a proposed legislative instrument that:
(a) is to be made in the exercise of a power delegated by the Parliament
at any time in an Act providing for the government of a Territory; and
(b) is to be an instrument described in that Act as an Ordinance or as a
rule, regulation by-law or plan of management made under such an
Ordinance.
(2) The regulations may prescribe different modifications for the purposes
of proposed instruments to be made under Acts providing for the government of
different Territories.
(3) In this section:
modifications includes additions, omissions and
substitutions.
Territory includes the external Territories but does not
include the Australian Capital Territory or the Northern Territory.
A failure to comply with this Part does not affect the validity or
enforceability of a legislative instrument.
The regulations may, from time to time, amend the table set out in
Schedule 2:
(a) so as to have the effect of including in the table enabling
legislation (whenever enacted or made and whether amended or not) that
authorises the making of legislative instruments that will be likely to have a
direct, or a substantial indirect, effect on business; or
(b) so as to have the effect of omitting from the table enabling
legislation (whenever enacted or made and whether amended or not) if that
legislation has ceased to be appropriate for inclusion in the table:
(i) because it has been repealed or revoked, or amended so as no longer to
authorise the making of legislative instruments; or
(ii) because no legislative instruments authorised by that legislation
will any longer be likely to have a direct, or a substantial indirect, effect on
business.
Note: Regulations having the effect of omitting enabling
legislation from the table set out in Schedule 2 require the consent of the
Attorney-General. See subsection 75(3).
The purpose of this Part is to establish the Federal Register of
Legislative Instruments and to set out the circumstances in which documents are
required to be entered on the Register, the procedures for entering those
documents and the consequences of failing to enter those documents.
(1) There is to be kept in the Department, under the control of the
Principal Legislative Counsel, a register of legislative instruments to be known
as the Federal Register of Legislative Instruments.
(2) The Register is to be divided into 4 parts, Part A, Part B, Part C and
the Index to the Register.
(3) Parts A, B and C consist respectively of scanned images of documents
entered on the Register in accordance with the requirements of Divisions 3, 4
and 5.
(4) The Index is an index to the material contained in Parts A, B and C
prepared in accordance with Division 6.
(1) The Register is to be kept by use of a computer as provided by the
regulations.
(2) The regulations may provide for the manner in which the Register is to
be kept including, but without limiting the generality of subsection (1), the
manner of:
(a) recording information required to be kept on the Register (whether by
electronic scanning of documents or otherwise); and
(b) altering entries on the Register; and
(c) providing access to information on the Register.
(1) The Principal Legislative Counsel must ensure that the Register is
able to be inspected by the public.
(2) The Principal Legislative Counsel is taken to comply with subsection
(1) by ensuring that members of the public have reasonable access:
(a) to computer terminals to inspect the Index to the Register;
and
(b) to copies of instruments and information contained in the
Register.
(1) The Register is, for all purposes, to be taken to be a complete and
accurate record of the documents whose particulars are contained within
it.
(2) In any proceedings, proof is not required about the provisions and
coming into operation (in whole or in part) of a legislative
instrument:
(a) that is extracted from the Register; and
(b) that is printed by the Government Printer.
(3) A court or tribunal may inform itself about those matters in any way
that it thinks fit.
(4) It is presumed, unless the contrary is proved, that a document that
purports:
(a) to be an extract from Part A, B or C of the Register; and
(b) to have been printed by the Government Printer;
is what it purports to be.
(5) If:
(a) subsection (4) applies to a document; and
(b) the document purports to be a copy of, or to be a copy of a part of, a
document that was registered in Part A, B or C of the Register on a particular
day and at a particular time;
then it is presumed, unless the contrary is proved and subject to the
operation of section 71 in the circumstances described in that section, that the
last-mentioned document was registered in that Part of the Register on that day
and at that time.
(1) If:
(a) the Principal Legislative Counsel becomes aware that the Register is
erroneous because of a mistake, an omission, or a false entry in Part A, B or C
of the Register; and
(b) the Principal Legislative Counsel is satisfied that:
(i) the error can be rectified; and
(ii) the error lies in the document as it appears in the Register and not
in the document (whether an original document or a copy of an original document)
in the form in which it was lodged for registration;
the Principal Legislative Counsel must rectify the error as soon as
possible.
(2) The Principal Legislative Counsel may alter the Index at any time for
any purpose whatsoever, including:
(a) the making of changes necessitated by a rectification of the Register
under subsection (1); or
(b) the annotation of the Index to provide information concerning the
disallowance, repeal or revival of a legislative instrument or a provision of a
legislative instrument, the revocation of an Attorney-General’s
certificate or any other information that the Principal Legislative Counsel
considers likely to be useful to users of the Register.
If a legislative instrument:
(a) is made on or after the commencing day; or
(b) is to be treated, under subsection 67(2), as if made on that
day;
the legislative instrument must be registered in Part A.
(1) If a legislative instrument is required to be registered under section
41, the rule-maker must, as soon as possible after the making of that
legislative instrument, lodge the original instrument for registration with the
Principal Legislative Counsel.
(2) Subsection 55(2) (which provides that certain instruments are
enforceable even if they have not been registered) does not affect subsection
(1). This subsection is for the avoidance of doubt.
(3) If:
(a) the Principal Legislative Counsel has no reason to doubt that the
instrument lodged is the original instrument concerned; and
(b) a copy of the instrument has not already been registered under section
43;
the Principal Legislative Counsel must register the instrument.
(1) The Principal Legislative Counsel may register a copy of an original
legislative instrument if he or she is satisfied that:
(a) registration is urgently required; and
(b) the rule-maker is unable to lodge the original instrument on the day
on which, or at the time at which, registration is sought; and
(c) the copy is a true copy of the original instrument; and
(d) the rule-maker gives the Principal Legislative Counsel a written
assurance that the original instrument will be lodged as soon as possible and
not later than 3 working days after registration of the copy.
(2) The copy must:
(a) be a good quality copy of the original instrument on A4 paper;
and
(b) show signatures and dates as appearing on the original instrument;
and
(c) show all of the material printed on the original instrument;
and
(d) show the handwritten notations (if any) appearing on the original
instrument.
(1) The rule-maker must, at the time of, or as soon as practicable after,
lodging a legislative instrument, or a copy of a legislative instrument, with
the Principal Legislative Counsel for registration in Part A, also lodge with
the Principal Legislative Counsel a statement to be known as the explanatory
statement explaining the purpose and operation of the instrument.
(2) The explanatory statement:
(a) must also contain:
(i) if any documents are incorporated in the instrument by
reference—a description of the documents so incorporated; and
(ii) a statement explaining how the instrument was drafted and describing
any steps that were taken under section 16 to ensure the instrument would be of
a high standard; and
(iii) a statement indicating whether either or both of a notification
under section 20 or an invitation under section 22 has been given in respect of
the instrument; and
(b) must be accompanied by a consultation statement in respect of the
instrument prepared under section 27.
(2A) If the Attorney-General issues a certificate under subsection 5(4A)
in relation to a declaration that, on or after the commencing day, is included
in a legislative instrument, the explanatory statement relating to the
legislative instrument in which, or by which, that declaration is included must
be accompanied by a copy of the certificate.
(3) A failure by the rule-maker to provide the explanatory statement in
relation to an instrument in accordance with subsection (1) does not affect the
validity or enforceability of the instrument.
Note: The obligation imposed on a rule-maker to comply with
this section is not affected by the rule-maker’s compliance with
subsection 59(2).
If a copy of an original legislative instrument has been registered under
section 43, the rule-maker must lodge the original instrument with the Principal
Legislative Counsel in accordance with the assurance given under that
section.
(1) Original instruments received by the Principal Legislative Counsel
under section 42 or 45 are to be retained by the Principal Legislative Counsel
and, as necessary, transferred to the Australian Archives for storage.
(2) Subsection (1) does not apply to an original instrument that is made
or approved by the Governor-General.
Within 3 working days of an instrument being registered, whether
registration takes place by use of the original instrument or a copy of the
original instrument, the rule-maker must give the Principal Legislative Counsel
an electronic copy of the instrument in accordance with the
regulations.
If:
(a) a legislative instrument was made before the commencing day;
and
(b) the legislative instrument is not required to be treated under
subsection 67(2) as if it had been made on that day; and
(c) the legislative instrument is in force;
the legislative instrument must be registered in Part B.
(1) If:
(a) a legislative instrument is required to be registered under section
48; and
(b) the legislative instrument is made during a period referred to in the
table below; and
(c) the legislative instrument has not already been registered in Part
B;
the rule-maker must, before the day set out in the table in respect of the
period, lodge for registration with the Principal Legislative Counsel:
(d) the original instrument; and
(e) if the instrument amends another instrument (the principal
legislative instrument) that has not already been registered
in Part B:
(i) the original of the principal legislative instrument; and
(ii) the original of each other legislative instrument (if any) that is
required to be registered in Part B and that amends the principal legislative
instrument.
|
Lodgment of legislative instruments made before commencing
day |
||
|---|---|---|
|
|
Period within which legislative instrument made |
Day before which lodgment required |
|
1 |
1 January 1990 to the day before the commencing day |
The first day of the ninth month after the commencing day |
|
2 |
1 January 1980—31 December 1989 |
The first day of the 15th month after the commencing day |
|
3 |
Before January 1980 |
The first day of the 27th month after the commencing day |
(2) If:
(a) a legislative instrument is made on or after the commencing day;
and
(b) the legislative instrument amends another legislative instrument (the
principal legislative instrument) made before the commencing day;
and
(c) the principal legislative instrument has not already been registered
in Part B;
the rule-maker must lodge for registration with the Principal Legislative
Counsel before the day determined in accordance with subsection (3):
(d) the original of the principal legislative instrument; and
(e) the original of any other legislative instrument that is required to
be registered under Part B and that amends the principal legislative
instrument.
(3) For the purposes of subsection (2), the day by which originals of
instruments must be lodged for registration is:
(a) the day determined under subsection (1) if there had been no amendment
of the principal legislative instrument (within the meaning of that subsection)
after the commencing day; or
(b) the day occurring 28 days after the registration of the
first-mentioned legislative instrument in subsection (2);
whichever first occurs.
(4) If:
(a) the Principal Legislative Counsel has no reason to doubt that an
instrument lodged in accordance with this section is the original instrument
concerned; and
(b) a copy of the instrument has not already been registered under section
50;
the Principal Legislative Counsel must register the instrument.
Note: Section 56 describes what happens if a legislative
instrument required to be registered in Part B of the Register is not registered
on or before the last day for lodging the instrument for
registration.
(5) Subsections 56(3) and (5) (which provide for some legislative
instruments to continue in force even if they are not lodged for registration as
required by this section) do not affect the requirements of this section. This
subsection is for the avoidance of doubt.
Example 1: Legislative instrument B was made in 1991 and it
amends legislative instrument C that was made in 1960 and is yet to be
registered. Under subsection (1) both instruments will be required to be
registered in Part B of the Register before the first day (the deadline
day) of the ninth month after the commencing day unless the making of a
further instrument that also amends instrument C has the effect, as in example
2, of requiring registration of instruments B and C at an earlier
time.
Example 2: If legislative instrument C in example 1 is
amended both by instrument B in that example and also by another instrument,
namely instrument A that is made after the commencing day and before the
deadline day, subsection (2) requires legislative instruments B and C to be
registered in Part B of the Register before the earlier of the deadline day and
a day 28 days after the registration (in Part A of the Register) of instrument
A.
(1) The Principal Legislative Counsel may register a copy of an original
legislative instrument if he or she is satisfied that:
(a) the original instrument:
(i) is no longer in existence; or
(ii) cannot reasonably be located; and
(b) the copy is a true copy of the original instrument.
(2) The copy must:
(a) be a good quality copy of the original instrument, on A4 paper;
or
(b) if the instrument was originally published in the Gazette or in
the Statutory Rules series—consist of a copy of the full text of the
instrument as so published.
(3) The Principal Legislative Counsel may register a document, being a
copy of the full text of a legislative instrument that:
(a) was made or approved by the Governor-General; and
(b) was published in the Statutory Rules series;
if the Principal Legislative Counsel is satisfied that the document is a
true copy of the full text of the instrument as it was approved or made by the
Governor-General.
A certificate issued by the Attorney-General under section 8 must be
registered in Part C of the Register as soon as practicable after its receipt by
the Principal Legislative Counsel.
(1) The Principal Legislative Counsel is to be responsible for the
creation and maintenance in the Register of an index to the documents whose
texts are in Parts A, B and C of the Register.
(2) So far as the Index relates to documents whose texts are in Parts A
and B, the Index is to be compiled, in part, from information supplied by the
rule-maker in accordance with subsection (3).
(3) Information referred to in subsection (2) must:
(a) be provided:
(i) with the original instrument lodged under section 42 or 49;
or
(ii) with the copy of the instrument lodged under section 43 or 50;
and
(b) have such content and be in such form as the regulations
provide.
(4) Without limiting the generality of subsection (1), the Index is to
contain:
(a) in respect of a legislative instrument:
(i) the identifying number of the instrument; and
(ii) the name of the enabling legislation; and
(iii) the particular provision of the enabling legislation under which the
instrument was made; and
(iv) the time and date of registration of the instrument; and
(v) a brief description of the subject matter of the instrument;
and
(vi) a reference to any document incorporated in the instrument;
and
(vii) if, at the time of the registration of the instrument, the
instrument or a provision of the instrument would be taken to cease to be in
force at a particular time under section 30 or 66—the time at which the
instrument or provision will be so taken to cease to be in force; and
(viii) if the instrument or provision of the instrument would be taken to
cease to be in force at a particular time as a result of a decision made under
subsection 29(1)—the time at which the instrument or provision would be so
taken to cease to be in force; and
(ix) if, as a result of a reconsideration of the question whether an
instrument is or is not a legislative instrument, the instrument is lodged for
registration under Division 3 of Part 4 in accordance with paragraph 8(9)(c)
later than would have been the case if the instrument had originally been
determined to be a legislative instrument—the fact that the instrument is
lodged late in accordance with that paragraph and brief particulars of the
identifying numbers of the original and replacement certificates under section 8
that relate to the instrument; and
(x) if, as a result of a reconsideration of the question whether an
instrument is or is not a legislative instrument, the instrument is lodged for
registration under Division 4 of Part 4 in accordance with paragraph 8(9)(c)
later than the day required for its lodgment under that Division—the fact
that the instrument is lodged late in accordance with that paragraph and brief
particulars of the identifying numbers of the original and replacement
certificates under section 8 that relate to the instrument; and
(xi) any other information prescribed for the purpose of this paragraph;
and
(b) in respect of a certificate under section 8:
(i) the identifying number of the certificate; and
(ii) the name of the enabling legislation under which the instrument the
subject of the certificate was, or would be, made; and
(iii) the particular provision of that legislation under which the
instrument was, or would be, made; and
(iv) the time and date of registration of the certificate; and
(v) a brief description of the subject matter of the instrument or kind of
instrument in respect of which the certificate was given; and
(vi) if the decision to issue the certificate is quashed by the Federal
Court of Australia—brief particulars of the Court’s decision and the
identifying number of the related replacement certificate; and
(vii) if the certificate is a replacement certificate—full
particulars of the information referred to in subparagraphs (i) to (v), and, if
any information is prescribed under subparagraph (viii), of that information, in
respect of the replacement certificate; and
(viii) any other information prescribed for the purpose of this
paragraph.
(5) In addition to the matters referred to in subsection (4), the
Principal Legislative Counsel must use his or her best endeavours to ensure that
the information in the Index in relation to a legislative instrument
includes:
(a) if the Federal Court of Australia has quashed or set aside a decision
by the rule-maker made under paragraph 28(1)(a) in relation to the legislative
instrument—details of the Court’s decision; and
(b) if the rule-maker has made a further decision under paragraph 28(1)(a)
in relation to the legislative instrument on reconsideration of a decision so
quashed or set aside—details of that further decision; and
(c) if the instrument, or a provision of the instrument, has been amended
by an Act—a statement of that fact; and
(d) if the instrument is not operative because the Act or other
legislative instrument under which the first-mentioned instrument was made has
been revoked or repealed or has ceased to have effect—a statement of that
fact.
(1) If the rule-maker of a registered legislative instrument ever becomes
aware that the instrument, or a provision of the instrument, was not validly
made, the rule-maker must forthwith inform the Principal Legislative Counsel, in
writing, that the rule-maker is so aware and of the reason for the
invalidity.
(2) If the Principal Legislative Counsel is satisfied, either by notice
provided under subsection (1) or otherwise, that a registered instrument, or a
provision of a registered instrument, was not validly made, the Principal
Legislative Counsel must annotate the Register to that effect.
(1) If, at any time, the Attorney-General becomes aware that an entry
required to be made in the Index in relation to a legislative instrument or to a
certificate given by the Attorney-General has not been made, the
Attorney-General must, within 6 sitting days of each House of the Parliament
after becoming so aware, lay before that House a statement explaining why the
entry has not been made.
(2) The obligation imposed under subsection (1) does not extend to any
deficiency in the Index that arises:
(a) because of a failure to include information of the kind referred to in
subsection 52(5); or
(b) because of a minor clerical error in, or omission from, the
information included in the Index.
(1) A legislative instrument that is required to be registered in Part A
is not enforceable by or against the Commonwealth, or by or against any other
person or body, unless the instrument is registered.
(2) Despite subsection (1), a legislative instrument that was required to
be registered in Part A but was not registered before it commenced is taken to
have been enforceable from its commencement until the time it was registered
if:
(a) the instrument:
(i) is an application order made wholly or partly under section 111A of
the Corporations Law of the Capital Territory; or
(ii) was made by the Australian Securities Commission under subsection
11(1A) of the Australian Securities Commission Act 1989 or wholly or
partly under the Corporations Law of the Capital Territory; and
(b) the Attorney-General certifies in writing that:
(i) he or she is satisfied that the responsible officer was unaware of the
requirement to register the instrument; and
(ii) in the circumstances it was reasonable for the responsible officer to
be unaware of the requirement; and
(c) the instrument is lodged with the Principal Legislative Counsel for
registration in Part A within 28 days after the responsible officer becomes
aware of the requirement for registration.
(3) For the purposes of subsection (2), the responsible
officer for a legislative instrument is:
(a) if the legislative instrument is an application order referred to
subparagraph (2)(a)(i)—the Secretary to the Treasury; and
(b) if the legislative instrument is a legislative instrument referred to
in subparagraph (2)(a)(ii)—the Chairperson of the Australian Securities
Commission.
(1) This section applies to a legislative instrument if:
(a) the instrument is required to be registered in Part B; and
(b) the original instrument, or a copy of it, is not registered on or
before the last day for lodging the instrument for registration (the last
lodgment day) worked out under section 49.
(2) On the day after the last lodgment day, the instrument:
(a) ceases to be enforceable by or against the Commonwealth, or by or
against any other person or body; and
(b) is taken to have been repealed by this Act.
(3) Despite subsection (2), an instrument is taken to have continued in
force after the last lodgment day if:
(a) the instrument is connected with the collection of revenue;
and
(b) the Attorney-General certifies in writing that:
(i) he or she is satisfied that the responsible officer was unaware of the
requirement to register the instrument; and
(ii) in the circumstances it was reasonable for the responsible officer to
be unaware of the requirement; and
(c) the instrument is lodged with the Principal Legislative Counsel for
registration in Part B of the Register within 28 days after the responsible
officer becomes aware of the requirement for registration.
(4) For the purposes of subsection (3), the responsible
officer for a legislative instrument is:
(a) if the enabling legislation for the instrument is a taxation law (as
defined in the Taxation Administration Act 1953)—the Commissioner
of Taxation; or
(b) if the enabling legislation is a law of customs or excise (as defined
in the Customs Administration Act 1985)—the Chief Executive Officer
of Customs; or
(c) if the enabling legislation for the instrument is not described in
paragraph (a) or (b)—the Secretary to the Department that is administered
by the responsible Minister.
(5) Despite subsection (2), an instrument is taken to have continued in
force after the last lodgment day if:
(a) the instrument:
(i) is an application order made wholly or partly under section 111A of
the Corporations Law of the Capital Territory; or
(ii) was made by the Australian Securities Commission under subsection
11(1A) of the Australian Securities Commission Act 1989 or wholly or
partly under the Corporations Law of the Capital Territory; and
(b) the Attorney-General certifies in writing that:
(i) he or she is satisfied that the responsible officer was unaware of the
requirement to register the instrument; and
(ii) in the circumstances it was reasonable for the responsible officer to
be unaware of the requirement; and
(c) the instrument is lodged with the Principal Legislative Counsel for
registration in Part B of the Register within 28 days after the responsible
officer becomes aware of the requirement for registration.
(6) For the purposes of subsection (5), the responsible
officer for a legislative instrument is:
(a) if the legislative instrument is an application order referred to
subparagraph (5)(a)(i)—the Secretary to the Treasury; and
(b) if the legislative instrument is a legislative instrument referred to
in subparagraph (5)(a)(ii)—the Chairperson of the Australian Securities
Commission.
The purpose of this Part is to facilitate the scrutiny by the Parliament
of registered legislative instruments and to set out the circumstances and
manner in which such instruments may be disallowed, as well as the consequences
of disallowance.
(1) A copy of each legislative instrument required under Division 3 of
Part 4 to be registered must be laid before each House of the Parliament not
later than 6 sitting days of that House after the instrument is registered and,
for that purpose, must be delivered to that House by the Principal Legislative
Counsel.
(2) For the avoidance of doubt, subsection (1) applies in relation to any
legislative instrument made on or after the commencing day even though the
enabling legislation for legislative instruments of that kind:
(a) may have been enacted or made before the commencing day; and
(b) may have provided that legislative instruments of that kind are not
disallowable.
(3) If a copy of a legislative instrument that is required to be laid
before each House of the Parliament is not so laid in accordance with this
section, the legislative instrument thereupon ceases to have effect.
(1) If a rule-maker lodges an explanatory statement relating to a
legislative instrument with the Principal Legislative Counsel:
(a) at the time of lodging the legislative instrument for registration;
or
(b) at a later time before a copy of the legislative instrument is
delivered to each House of the Parliament to be laid before it;
the Principal Legislative Counsel must also deliver to that House, to be
laid before it, with the copy of that legislative instrument, a copy of that
explanatory statement and of any documents required to accompany the explanatory
statement under section 44 that were lodged with the explanatory
statement.
(2) If a rule-maker fails to lodge with the Principal Legislative Counsel
an explanatory statement or any document (the missing document)
required to accompany the explanatory statement relating to a legislative
instrument before the Principal Legislative Counsel delivers a copy of the
instrument to a particular House of the Parliament, the rule-maker must, as soon
as possible, deliver to that House, to be laid before it:
(a) a copy of the explanatory statement or missing document; and
(b) a written statement why the explanatory statement or missing document
was not provided to the Principal Legislative Counsel in time to be delivered to
the House with the legislative instrument.
A House of the Parliament may, at any time while a legislative instrument
is subject to disallowance, require any document incorporated by reference in
the instrument to be made available for inspection by that House:
(a) at a place acceptable to the House; and
(b) at a time specified by the House.
(1) If:
(a) notice of a motion to disallow a legislative instrument or a provision
of a legislative instrument is given in a House of the Parliament within 15
sitting days of that House after a copy of the instrument was laid before that
House; and
(b) within 15 sitting days of that House after the giving of that notice,
the House passes a resolution, in pursuance of the motion, disallowing the
instrument or provision;
the instrument or provision so disallowed thereupon ceases to have
effect.
(2) If:
(a) notice of a motion to disallow a legislative instrument or a provision
of a legislative instrument is given in a House of the Parliament within 15
sitting days of that House after a copy of the instrument was laid before that
House; and
(b) at the end of 15 sitting days of that House after the giving of that
notice of motion:
(i) the notice has not been withdrawn, the motion has not been called on,
and the House has not passed a resolution deferring its consideration;
or
(ii) the motion has been called on, moved and seconded and has not been
withdrawn or otherwise disposed of;
the instrument or provision specified in the motion is thereupon taken to
have been disallowed and ceases at that time to have effect.
(3) If:
(a) notice of a motion to disallow a legislative instrument or a provision
of a legislative instrument is given in a House of the Parliament within 15
sitting days of that House after a copy of the instrument was laid before that
House; and
(b) before the end of 15 sitting days of that House after the giving of
that notice of motion, the House of Representatives is dissolved or expires, or
the Parliament is prorogued; and
(c) at the time of the dissolution, expiry or prorogation, as the case may
be:
(i) the notice has not been withdrawn, the motion has not been called on,
and the House has not passed a resolution deferring its consideration;
or
(ii) the motion has been called on, moved and seconded and has not been
withdrawn or otherwise disposed of;
the legislative instrument is taken, for the purposes of subsections (1)
and (2), to have been laid before the first-mentioned House on the first sitting
day of that first-mentioned House after the dissolution, expiry or prorogation,
as the case may be.
(4) If:
(a) notice of a motion to disallow a legislative instrument or a provision
of a legislative instrument is given in a House of the Parliament within 15
sitting days of that House after a copy of the instrument was laid before that
House; and
(b) within 15 sitting days of that House after the giving of that notice,
the House passes a resolution deferring consideration of the motion for a period
specified in the resolution (the deferral period) starting
at the passing of the resolution and not exceeding 6 months; and
(c) the resolution is expressed to defer consideration of the motion so as
to enable the remaking or the amendment of the instrument or provision within
the deferral period to achieve an objective specified in the
resolution;
subsections (2) and (3) have effect as if:
(d) the reference in each subsection to the end of 15 sitting days of a
House after the giving of notice of a motion to disallow the instrument or
provision were a reference to the end of the first sitting day of that House
after the deferral period fixed in respect of the motion; and
(e) the references in each subsection to the House not passing a
resolution deferring consideration of the motion were omitted.
(5) If a House of the Parliament passes a resolution deferring
consideration of a motion to disallow a legislative instrument or a provision of
a legislative instrument, the rule-maker, in making a further legislative
instrument (the new instrument) either amending, or repealing and
replacing, the original instrument so as to achieve the objective specified in
the resolution, is not required to enter into further consultation under Part 3
or to prepare a consultation statement under section 27 of that Part.
(6) When a new instrument is made:
(a) the rule-maker is required to lodge the instrument with the Principal
Legislative Counsel for registration in accordance with the requirements of this
Act; and
(b) the explanatory statement to be lodged with the Principal Legislative
Counsel concerning the instrument is not required to contain a statement of the
kind referred to in subparagraph 44(2)(a)(iii) but must:
(i) indicate that the instrument has been prepared in accordance with this
section to achieve an objective specified in the resolution deferring
consideration; and
(ii) indicate whether further consultation has occurred and, if so, the
nature of that consultation; and
(c) the Principal Legislative Counsel must attend to the delivery to the
Parliament of the instrument and of the related explanatory statement in
accordance with the requirements of this Part.
(7) This section does not apply in relation to a legislative instrument,
or a provision of a legislative instrument, made on or after the commencing day,
if the enabling legislation for the instrument:
(a) facilitates the establishment or operation of an intergovernmental
body or scheme involving the Commonwealth and one or more States; and
(b) allows legislative instruments of that kind to be made by the body or
for the purposes of the body or scheme; and
(c) either:
(i) had the effect that legislative instruments of that kind could not be
disallowed before the commencing day; or
(ii) has the effect that legislative instruments of that kind cannot be
disallowed.
(8) This section does not apply in relation to the following instruments
or provisions of the following instruments:
(a) a Proclamation that provides solely for the commencement of an Act or
of a provision of an Act;
(b) a certificate issued by the Attorney-General under subsection 5(4A),
29(6), 30(7), 66(7) or 66(9);
(c) a Proclamation under section 5 of the Flags Act 1953;
(ca) a legislative instrument (other than a regulation) under Part 1, 2 or
9 of the Migration Act 1958, or a legislative instrument under Part 1, 2
or 5, or Schedule 2 or 6, of the regulations made under that Act;
(d) a Proclamation under section 2A, 2B or 12, subsection 13(1), section
20B, subsection 26(2) or section 26A of the Quarantine Act
1908;
(e) a legislative instrument that, in accordance with the provisions of
the enabling legislation, does not come into operation unless it is approved by
either or both of the Houses of the Parliament;
(f) a rule or order made:
(i) under the Courses and Degrees Statute of the Australian National
University; or
(ii) if that Statute is repealed and replaced with another Statute of the
University to the same effect—under that other Statute;
(g) a rule or order made:
(i) under the Academic Progress Statute 1990 of the University of
Canberra; or
(ii) under the Courses and Awards Statute 1992 of that University;
or
(iii) under the Honorary Degrees Statute 1992 of that University;
or
(iv) if any of those Statutes is repealed and replaced with another
Statute to the same effect—under that other Statute.
(1) If a legislative instrument, or a provision of a legislative
instrument (the affected instrument or provision), ceases, at a
particular time, to have effect under subsection 58(3) or 61(1) or (2), the
operation of that subsection in relation to the affected instrument or provision
has the same effect as if the affected instrument or provision had been repealed
with effect from that time.
(2) If:
(a) the affected legislative instrument or provision ceases, at a
particular time, to have effect under subsection 58(3) or 61(1) or (2);
and
(b) the affected instrument or provision repealed, in whole or in part,
another legislative instrument or law, or a provision of another legislative
instrument or law, that was in force immediately before the time when the
affected instrument or provision came into operation;
the operation of that subsection has the effect of reviving the other
legislative instrument, law or provision, from that first-mentioned time, as if
the affected instrument or provision had not been made.
(1) If a legislative instrument (the original legislative
instrument) has been registered, no legislative instrument the same in
substance as the original legislative instrument is to be made during the period
defined by subsection (2) unless both Houses of the Parliament by resolution
approve the making of an instrument the same in substance as the original
legislative instrument.
(2) The period referred to in subsection (1) is the period starting on the
day on which the original legislative instrument was registered and ending at
the end of 7 days after:
(a) if the original legislative instrument has been laid, in accordance
with subsection 58(1), before both Houses of the Parliament on the same
day—that day; or
(b) if the original legislative instrument was so laid before both Houses
on different days—the later of those days; or
(c) if the original legislative instrument has not been so laid before
both Houses—the last day on which subsection 58(1) could have been
complied with.
(3) An instrument made in contravention of this section has no
effect.
(1) If notice of a motion to disallow a legislative instrument, or a
provision of a legislative instrument, has been given in a House of the
Parliament within 15 sitting days after the instrument has been laid before that
House, a legislative instrument, or a provision of a legislative instrument,
that is the same in substance as the first-mentioned instrument or provision,
must not be made unless:
(a) the notice has been withdrawn; or
(b) the instrument or provision is taken to have been disallowed under
subsection 61(2); or
(c) the motion has been withdrawn or otherwise disposed of; or
(d) subsection 61(3) has applied in relation to the instrument.
(2) If:
(a) because of subsection 61(3), a legislative instrument is taken to have
been laid before a House of the Parliament on a particular day; and
(b) notice of a motion to disallow the instrument or a provision of the
instrument has been given in that House within 15 sitting days after that
day;
a legislative instrument, or a provision of a legislative instrument, that
is the same in substance as the first-mentioned instrument or provision must not
be made unless:
(c) the notice has been withdrawn; or
(d) the first-mentioned instrument or provision is taken to have been
disallowed under subsection 61(2); or
(e) the motion has been withdrawn or otherwise disposed of; or
(f) subsection 61(3) has applied again in relation to the first-mentioned
instrument.
(3) A legislative instrument or a provision of a legislative instrument
made in contravention of this section has no effect.
(4) This section does not limit the operation of section 63 or
65.
(5) If a legislative instrument or a provision of a legislative instrument
has been the subject of a resolution under subsection 61(4), this section does
not prevent the making of an instrument whose sole effect is to remake or amend
the legislative instrument or provision so as to achieve an objective specified
in that resolution.
(1) If, under section 61, a legislative instrument or a provision of a
legislative instrument is disallowed, or is taken to have been disallowed, a
legislative instrument, or a provision of a legislative instrument, that is the
same in substance as the first-mentioned instrument or provision must not be
made within 6 months after the day on which the first-mentioned instrument or
provision was disallowed or was taken to have been disallowed unless:
(a) if the first-mentioned instrument or provision was disallowed by
resolution—the resolution has been rescinded by the House of the
Parliament by which it was passed; or
(b) if the first-mentioned instrument or provision was taken to have been
disallowed—the House of the Parliament in which notice of the motion to
disallow the instrument or provision was given by resolution approves the making
of a legislative instrument or provision the same in substance as the
first-mentioned instrument or provision.
(2) Any legislative instrument or provision made in contravention of this
section has no effect.
(1) This section does not apply to:
(a) any legislative instrument that gives effect to an international
obligation of Australia; or
(b) any legislative instrument that confers heads of power on a
self-governing Territory; or
(c) any legislative instrument that establishes a body having power to
enter into contracts for the purposes of the body’s functions;
or
(d) a Proclamation under section 5 of the Flags Act 1953;
or
(e) a Proclamation that provides solely for the commencement of an Act or
a provision of an Act.
(2) Subject to subsections (5), (6) and (7), if a legislative instrument
to which this section applies (the principal legislative
instrument):
(a) is made before the commencing day and does not amend an earlier
legislative instrument that continues in force after the making of the principal
legislative instrument; and
(b) is required to be lodged for registration in Part B of the Register
before a day (the deadline day) determined in accordance with
section 49;
then:
(c) the principal legislative instrument; and
(d) the provisions of any other legislative instrument (whether or not
made before the commencing day) that amend, or make provision that otherwise
relates to the operation of, the principal legislative instrument;
as in force immediately before the fifth anniversary of the deadline day,
cease to be in force on that anniversary as if they had been repealed by another
legislative instrument.
(3) Subject to subsections (5), (6) and (7), if a legislative instrument
to which this section applies (the principal legislative
instrument) is made on or after the commencing day and does not amend an
earlier legislative instrument that continues in force after the making of the
principal legislative instrument then:
(a) the principal legislative instrument; and
(b) the provisions of any other legislative instrument that amend, or make
provision that otherwise relates to the operation of, the principal legislative
instrument;
as in force immediately before the fifth anniversary of the day of
commencement of the principal legislative instrument, cease to be in force on
that anniversary as if they had been repealed by another legislative
instrument.
Example 1: Legislative instrument A was made before January
1980. It has been amended by legislative instrument B that was made 2 days
before the commencing day. Because of the operation of subsection 49(1), both
instruments must be lodged before the first day (the deadline day)
of the ninth month after the commencing day. Under subsection (2), both
instruments will cease to be in force on the fifth anniversary of the deadline
day.
Example 2: Legislative instrument C was made 2 days after
the commencing day. It has been amended by legislative instrument D, which was
made 3 years after the commencing day and which also amends legislative
instrument E. Under subsection (3), instrument C and those provisions of
instrument D that amend or relate to instrument C will cease to be in force on
the fifth anniversary of the day of commencement of instrument
C.
(4) If a legislative instrument has 2 or more days of commencement, then,
for the purposes of subsection (3), the day of commencement of that instrument
is the earliest of those days.
(5) If:
(a) the purpose of a legislative instrument to which this section applies
is to confer rights on a person that are intended to have a long-term effect;
and
(b) the Governor-General is satisfied that the operation of subsection (2)
or (3) in relation to that instrument will frustrate that purpose;
then:
(c) the Governor-General may make regulations to provide that the
subsection has effect as if a reference to the fifth anniversary of a day
specified in that subsection were a reference to the fifteenth anniversary of
that day; and
(d) if the Governor-General makes the regulations, the instrument is taken
to cease to be in force on the fifteenth anniversary, instead of the fifth
anniversary, of that day.
(6) If a legislative instrument:
(a) is a Proclamation made under section 2A, 2B or 12, subsection 13(1),
section 20B, subsection 26(2) or section 26A of the Quarantine Act 1908;
and
(b) is not a legislative instrument to which paragraph 66(1)(a)
applies;
subsection (2) or (3) of this section (whichever is applicable) has effect
as if a reference to the fifth anniversary of a day specified in that subsection
were a reference to the fifteenth anniversary of that day.
(7) If:
(a) a legislative instrument or particular provisions of a legislative
instrument would be taken to cease to be in force under this section (whether
because of the operation of subsection (2), (3), (5) or (6) or because of a
previous operation of this subsection) at a time (the sunsetting
time); and
(b) the Attorney-General is satisfied, on written application by the
rule-maker, that a proposed instrument (the replacement
instrument) made in substitution for the instrument or provisions will
not be able to be completed before the sunsetting time for any of the following
reasons:
(i) because more time is required for the drafting of the replacement
instrument;
(ii) because more time is required for the purposes of complying with the
consultation requirements in relation to the making of the replacement
instrument;
(iii) because the dissolution or expiration of the House of
Representatives or the prorogation of the Parliament renders it inappropriate to
make any replacement instrument before a new government is formed;
then:
(c) the Attorney-General may issue a certificate providing that the
first-mentioned instrument or provisions are taken to cease to be in force under
this section at a specified time not later than 12 months after the sunsetting
time; and
(d) if the Attorney-General issues the certificate, the first-mentioned
instrument or provisions are taken to cease to be in force at the specified time
instead of the sunsetting time as if repealed by another legislative
instrument.
(8) The application made by the rule-maker in applying for a certificate
under subsection (7) must:
(a) set out the steps (if any) that the rule-maker has taken, or proposed
to take, to deal with the ceasing to be in force of the instrument or provisions
concerned; and
(b) set out the circumstances that prevented the taking, or the
completion, of such steps.
(9) If:
(a) a legislative instrument or particular provisions of a legislative
instrument would be taken to cease to be in force because of the operation of
subsection (2), (3), (5) or (6) at a time (the sunsetting time);
and
(b) the Attorney-General is satisfied, on written application by the
rule-maker, that:
(i) the instrument or provisions would (apart from the operation of this
subsection) cease to be in force within 12 months after the sunsetting time;
or
(ii) it is announced government policy that the instrument or provisions
will (but for the operation of this subsection) cease to be in force within 12
months after the sunsetting time (whether or not because of the making of an
instrument or provisions in substitution for the first-mentioned instrument or
provisions);
then:
(c) the Attorney-General may issue a certificate providing that the
first-mentioned instrument or provisions are taken to cease to be in force under
this subsection at a specified time not later than 12 months after the
sunsetting time unless they have earlier ceased to be in force in a circumstance
set out in subparagraph (b)(i) or (ii); and
(d) if the Attorney-General issues the certificate, the first-mentioned
instrument or provisions are taken to cease to be in force at the specified time
instead of the sunsetting time as if repealed by another legislative instrument
unless they have earlier ceased to be in force in a circumstance so set
out.
(10) If the Attorney-General issues a certificate under paragraph (7)(c)
or (9)(c), he or she must:
(a) include in the certificate a statement of the reasons for the issue of
a certificate; and
(b) cause a copy of the certificate to be laid before each House of the
Parliament not later than 6 sitting days of that House after the issue of the
certificate.
(1) This section applies to a legislative instrument made before the
commencing day:
(a) that was a disallowable instrument for the purposes of section 46A of
the Acts Interpretation Act 1901 as in force at any time before the
commencing day; or
(b) that was otherwise able to be disallowed under Part XII of the Acts
Interpretation Act 1901 as in force at any time before the commencing day;
or
(c) that was otherwise required to be published, or to have notice of its
making published, in the Gazette.
(2) If a legislative instrument to which this section applies, or notice
of the making of such an instrument, had not been published in the
Gazette before the commencing day:
(a) that instrument is to be treated, for all purposes of this Act, as if
it had been made on the commencing day; and
(b) the obligations in relation to that instrument under the Acts
Interpretation Act 1901, and under the Statutory Rules Publication Act
1903, as in force immediately before the commencing day, cease to
apply;
but the tenor of the instrument is not affected.
(3) Despite subsection (2), section 59 does not apply in relation to a
legislative instrument described in that subsection.
(4) If a legislative instrument to which this section applies, or notice
of the making of such an instrument, had been published in the Gazette
before the commencing day, the obligations in relation to that instrument under
Part XII of the Acts Interpretation Act 1901, and under the Statutory
Rules Publication Act 1903, as in force at any time before the commencing
day, continue to apply in relation to that instrument as if that Part and that
Act had not been repealed.
(1) If:
(a) the making of a legislative instrument was authorised before the
commencing day; and
(b) a legislative instrument is so made on or after the commencing day;
and
(c) the enabling legislation required the text of the instrument, or
particulars of its making, to be published in the Gazette;
any such requirement in respect of the instrument is taken to be satisfied
if the instrument is entered on the Register.
(2) Subsection (1) does not apply to a legislative instrument that
is:
(a) an application order made wholly or partly under section 111A of the
Corporations Law of the Capital Territory; or
(b) made by the Australian Securities Commission under subsection 11(1A)
of the Australian Securities Commission Act 1989 or wholly or partly
under the Corporations Law of the Capital Territory.
(3) If:
(a) the making of a legislative instrument was authorised on or after the
commencing day; and
(b) the enabling legislation required the text of the instrument, or
particulars of its making, to be published in the Gazette;
the requirements for publication in the Gazette is in addition to
any requirement under this Act for the instrument to be entered on the
Register.
(1) Despite provisions in force immediately before the commencing day in
relation to a document that is a legislative instrument for the purposes of this
Act concerning:
(a) the time within which; and
(b) the means by which;
such an instrument is required to be tabled before the Parliament,
compliance, on and after that day, with the tabling requirements of this Act is
taken to constitute full compliance with the tabling requirements of those
first-mentioned provisions.
(2) Despite provisions in force immediately before the commencing day that
provide for the disallowance of a document that is a legislative instrument
(otherwise than because of the application, without modification, of the
disallowance provisions of Part XII of the Acts Interpretation Act 1901),
the disallowance provisions of this Act are taken to apply, subject to
subsection (3), in respect of that document to the exclusion of those other
provisions.
(3) If particular disallowance provisions of the kind referred to in
subsection (2) are prescribed as provisions to which subsection (2) does not
apply, then those provisions continue to apply, on and after the commencing day,
despite the provisions to different effect in sections 61 to 65 of Part 5 of
this Act.
(1) The responsible Minister in relation to a legislative instrument
proposed to be made for the purposes of a prescribed authority may, by signed
instrument, delegate his or her power to make a decision under section 19 in
relation to that instrument to the principal officer of that
authority.
(2) The Principal Legislative Counsel may, by signed instrument, delegate
to an officer of the Department any of the powers or functions of the Principal
Legislative Counsel under this Act.
(1) If, before the commencing day:
(a) an electronic database of the scanned images of instruments that, on
that day, will be legislative instruments within the meaning of section 5 is
established within the Department in anticipation of the enactment of this Act;
and
(b) that database is divided into parts that correspond with the Parts of
the Register as described in subsection 36(2);
that database becomes, on that day, the Federal Register of Legislative
Instruments established by section 36 and the respective parts of that database
become the respective Parts of the Register.
(2) If:
(a) before the commencing day, a scanned image of an instrument referred
to in subsection (1) is entered in a part of the database referred to in that
subsection that corresponds with Part B of the Register; and
(b) the instrument will, on the commencing day, be a legislative
instrument to which section 48 applies;
that instrument is taken, on that day, to have been entered in Part B of
the Register under Division 4 of Part 4 of this Act despite its inclusion in the
database with effect from an earlier day.
(1) During the 3 months starting on the third anniversary of the
commencing day, the Attorney-General must appoint persons to a body to review
the operation of this Act and related matters.
(2) The persons appointed must include:
(a) a representative of the Administrative Review Council established by
the Administrative Appeals Tribunal Act 1975; and
(b) a representative of the Attorney-General’s Department;
and
(c) a representative of the Department of Finance; and
(d) a representative of the regulatory review body; and
(e) a person with extensive experience or expertise in business;
and
(f) a person with extensive experience or expertise in consumer affairs;
and
(g) a person with extensive experience or expertise in delegated
legislation.
(3) The representative of the Administrative Review Council appointed to
the body is to be the Chairman of the body.
(4) A person appointed to the body may resign from it by giving the
Attorney-General a signed notice of resignation.
(5) If a person appointed to the body dies, resigns or ceases to be a
suitable person to represent the particular organisation or area of expertise
that he or she was appointed to represent, the Attorney-General may appoint to
the body another person with similar qualifications.
(6) The body must review all aspects of the operation of this Act
including, but without limiting the generality of the foregoing:
(a) the extension of the consultation procedures in the Act to proposals
for legislative instruments that are not likely to have a direct, or a
substantial indirect, effect on business; and
(b) the methods for assessing costs and benefits of proposed legislative
instruments; and
(c) the continued exclusion from the Act of certain instruments relating
to terms and conditions of public sector employment described in item 14 of
Schedule 1; and
(d) the continued exclusion from the Act of standards under the
Australia New Zealand Food Authority Act 1991; and
(e) the continued exclusion from the Act of Ministerial directions to
government business enterprises; and
(f) the continued modification of the Act so far as concerns its
application to particular instruments made under the Australian Securities
Commission Act 1989 or the Corporations Law of the Capital Territory;
and
(g) the registration of documents incorporated by reference in legislative
instruments; and
(h) the operation of sections 29 and 30 of the Act.
(7) The body must give the Attorney-General a written report on the review
within 15 months after the third anniversary of the commencing day.
(8) The Attorney-General must cause the report to be laid before each
House of the Parliament within 6 sitting days of the House after the
Attorney-General receives the report.
(9) Regulations may be made to make provision for and in relation
to:
(a) terms and conditions of the appointment of a person to the body;
and
(b) conduct of the business of the body.
(1) During the 3 months starting on the seventh anniversary of the
commencing day, the Attorney-General must appoint persons to a body to review
the operation of sections 29, 30 and 66 (the sunsetting
provisions) and any related matters.
(2) For the purpose of subsection (1), subsections 72(2), (3), (4), (5)
and (9) apply as if:
(a) a reference to the body in those provisions were a reference to the
body referred to in subsection (1) of this section; and
(b) a reference to a person appointed to the body in those subsections
were a reference to a person appointed to the body referred to in subsection (1)
of this section.
(3) The body referred to in subsection (1) must review all aspects of the
operation of the sunsetting provisions (including the operation of any
regulations made under any of those provisions) and any other related
matters.
(4) The body must give the Attorney-General a written report on the review
within 9 months after the seventh anniversary of the commencing day.
(5) The Attorney-General must cause the report to be laid before each
House of the Parliament within 6 sitting days of the House after the
Attorney-General receives the report.
(1) If legislation introduced into the Parliament before the commencing
day but coming into force on or after that day:
(a) authorises an instrument to be made in the exercise of a power
delegated by the Parliament; and
(b) is expressed to require that instrument to be published as a statutory
rule under the Statutory Rules Publication Act 1903;
that instrument is taken to be an instrument referred to in paragraph
5(3)(b).
(2) If legislation introduced into the Parliament before the commencing
day but coming into force on or after that day:
(a) authorises an instrument to be made in the exercise of a power
delegated by the Parliament; and
(b) is expressed to declare that instrument to be a disallowable
instrument for the purposes of section 46A of the Acts Interpretation Act
1901;
that instrument is taken to be an instrument referred to in subparagraph
5(3)(d)(i).
(1) Subject to subsection (3), the Governor-General may make regulations
prescribing all matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.
(2) Without limiting the generality of subsection (1), the regulations
may, at any time, amend Schedule 3:
(a) by adding the name of a body to the Schedule; or
(b) by omitting from the Schedule the name of a body included in the
Schedule.
(3) The Governor-General must not make a regulation for the purpose of
subparagraph 34(b)(ii) unless the Governor-General is satisfied that the
Attorney-General has determined, in writing, that no legislative instrument
authorised by enabling legislation that is proposed to be omitted from the table
set out in Schedule 2 will any longer be likely to have a direct, or a
substantial indirect, effect on business.
|
Instruments that are not legislative instruments |
|
|---|---|
|
Item |
Particulars of instrument |
|
1 |
Instruments relating to aviation security: (a) under Part 3 of the Air Navigation Act 1920; or (b) under Part XVIA of the Air Navigation Regulations under that
Act |
|
2 |
Orders and instructions under section 14 of the Australian Federal
Police Act 1979 |
|
3 |
Guidelines under section 8A of the Australian Security Intelligence
Organization Act 1979 |
|
4 |
By-laws under section 271 of the Customs Act 1901 that describe or
define goods for the purposes of item 43, 45, 46, 47, 52, 55, 56, 57 or 60 of
Schedule 4 to the Customs Tariff Act 1995 |
|
5 |
Determinations made under section 273 of the Customs Act
1901 |
|
6 |
Instructions under section 9A of the Defence Act 1903 |
|
7 |
Awards and agreements under the Industrial Relations Act
1988 |
|
8 |
Standards under the Australia New Zealand Food Authority Act 1991 if
those standards are made before the end of the period of 6 years starting on the
commencing day |
|
9 |
Private rulings within the meaning of section 14ZAA of the Taxation
Administration Act 1953 |
|
10 |
Public rulings within the meaning of section 14ZAAA of the Taxation
Administration Act 1953 |
|
11 |
Laws of a self-governing Territory, other than: (a) Ordinances made under subsection 12(1) of the Seat of Government
(Administration) Act 1910 that have not become enactments (as defined in the
Australian Capital Territory (Self-Government) Act 1988); and (b) Ordinances made under section 27 of the Norfolk Island Act 1979;
and (c) rules, regulations and by-laws made under Ordinances described in
paragraph (a) or (b) |
|
12 |
Laws of a State or self-governing Territory that apply in a non
self-governing Territory and instruments made under those laws |
|
13 |
Ordinances of the former Colony of Singapore that apply in a non
self-governing Territory and instruments made under those Ordinances |
|
14 |
Instruments: (a) that determine terms and conditions of employment of persons employed
by the Commonwealth, by Commonwealth statutory authorities or by government
business enterprises, or as members of the Defence Force or the Australian
Federal Police; and (b) that are not statutory rules within the meaning of the Statutory
Rules Publication Act 1903 as in force immediately before the commencing
day; if those instruments are made before the end of the period of 6 years
starting on the commencing day. |
|
15 |
Instruments made by a tribunal to give effect to a decision of the tribunal
following a hearing process |
|
16 |
Ministerial directions issued to government business enterprises |
|
Particulars of enabling legislation |
|
|---|---|
|
Column 1
|
Column 2 Part of Act (if whole Act not relevant) |
|
Aboriginal and Torres Strait Islander Heritage Protection Act
1984 |
|
|
Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987 |
|
|
Aboriginal Land Grant (Jervis Bay Territory) Act 1986 |
|
|
Aboriginal Land Rights (Northern Territory) Act 1976 |
|
|
Advance Australia Logo Protection Act 1984 |
|
|
Affirmative Action (Equal Employment Opportunity for Women) Act
1986 |
|
|
Aged or Disabled Persons Care Act 1954 |
|
|
Agricultural and Veterinary Chemicals Act 1994 |
|
|
Agricultural and Veterinary Chemicals (Administration) Act 1992 |
|
|
Agricultural and Veterinary Chemicals Code Act 1994 |
|
|
Agricultural and Veterinary Chemical Products (Collection of Levy) Act
1994 |
|
|
Agricultural and Veterinary Chemical Products Levy Imposition (Customs) Act
1994 |
|
|
Agricultural and Veterinary Chemical Products Levy Imposition (Excise) Act
1994 |
|
|
Agricultural and Veterinary Chemical Products Levy Imposition (General) Act
1994 |
|
|
Aircraft Noise Levy Act 1995 |
|
|
Aircraft Noise Levy Collection Act 1995 |
|
|
Air Navigation Act 1920 |
|
|
Airports (Business Concessions) Act 1959 |
|
|
Airports (Surface Traffic) Act 1960 |
|
|
Air Services Act 1995 |
|
|
Antarctic Marine Living Resources Conservation Act 1981 |
|
|
Antarctic Treaty (Environment Protection) Act 1980 |
|
|
Anti-dumping Authority Act 1988 |
|
|
Ashmore and Cartier Islands Acceptance Act 1933 |
|
|
Atomic Energy Act 1953 |
|
|
Audit Act 1901 |
|
|
Australia Council Act 1975 |
|
|
Australian Antarctic Territory Act 1954 |
|
|
Australian Broadcasting Corporation Act 1983 |
|
|
Australian Capital Territory (Planning and Land Management) Act
1988 |
The whole Act other than section 27 |
|
Australian Film Commission Act 1975 |
|
|
Australian Heritage Commission Act 1975 |
|
|
Australian Horticultural Corporation Act 1987 |
|
|
Australian Industry Development Corporation Act 1970 |
|
|
Australian Institute of Marine Science Act 1972 |
|
|
Australian Land Transport Development Act 1988 |
|
|
Australian Maritime Safety Act 1990 |
|
|
Australian National Maritime Museum Act 1990 |
|
|
Australian National Railways Commission Act 1983 |
|
|
Australian Nuclear Science and Technology Organisation Act 1987 |
The whole Act other than Part VIIA |
|
Australian Nuclear Science and Technology Organisation (Transitional
Provisions) Act 1987 |
|
|
Australian Securities Commission Act 1989 |
|
|
Australian Space Council Act 1994 |
|
|
Australian Tourist Commission Act 1987 |
|
|
Australian Wine and Brandy Corporation Act 1980 |
|
|
Australian Wool Research and Promotion Organisation Act 1993 |
|
|
Aviation Fuel Revenues (Special Appropriation) Act 1988 |
|
|
Banking Act 1959 |
|
|
Bank Integration Act 1991 |
|
|
Bankruptcy Act 1966 |
|
|
Banks (Shareholding) Act 1972 |
|
|
Beer Excise Act Repeal Act 1968 |
|
|
Biological Control Act 1984 |
|
|
Bounty and Capitalisation Grants (Textile Yarns) Act 1981 |
|
|
Bounty (Bed Sheeting) Act 1977 |
|
|
Bounty (Books) Act 1986 |
|
|
Bounty (Citric Acid) Act 1991 |
|
|
Bounty (Computers) Act 1984 |
|
|
Bounty (Fuel Ethanol) Act 1994 |
|
|
Bounty (Machine Tools and Robots) Act 1985 |
|
|
Bounty (Photographic Film) Act 1989 |
|
|
Bounty (Printed Fabrics) Act 1981 |
|
|
Bounty (Ships) Act 1989 |
|
|
Broadcasting Services Act 1992 |
|
|
Canberra Water Supply (Googong Dam) Act 1974 |
|
|
Census and Statistics Act 1905 |
Section 27 |
|
Cheques and Payments Orders Act 1986 |
|
|
Child Care Act 1972 |
|
|
Child Support (Registration and Collection) Act 1988 |
Subsection 4(1) (definition of protected earnings
rate) |
|
Christmas Island Act 1958 |
|
|
Circuit Layouts Act 1989 |
|
|
Civil Aviation Act 1988 |
|
|
Civil Aviation (Carriers’ Liability) Act 1959 |
|
|
Civil Aviation (Damage by Aircraft) Act 1958 |
|
|
Classification (Publications, Films and Computer Games ) Act 1995
|
|
|
Coal Excise Act 1949 |
|
|
Coal Industry Act 1946 |
Part V |
|
Coal Mining Industry (Long Service Leave Funding) Act 1992 |
|
|
Coal Mining Industry (Long Service Leave) Payroll Levy Act 1992 |
|
|
Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act
1992 |
|
|
Cocos (Keeling) Islands Act 1955 |
|
|
Commerce (Trade Descriptions) Act 1905 |
|
|
Construction Industry Reform and Development Act 1992 |
|
|
Copyright Act 1968 |
Parts VA and VB section 249 |
|
Coral Sea Islands Act 1969 |
|
|
Corporations Act 1989 |
|
|
Currency Act 1965 |
|
|
Customs Act 1901 |
|
|
Customs Administration Act 1985 |
|
|
Customs Administration (Transitional Provisions and Consequential
Amendments) Act 1986 |
|
|
Customs Securities (Penalties) Act 1981 |
|
|
Customs Tariff Act 1995 |
|
|
Customs Tariff (Anti-Dumping) Act 1975 |
|
|
Customs Tariff (Rate Alteration) Act 1988 |
|
|
Customs Tariff Validation Act (No. 2) 1980 |
|
|
Customs Tariff Validation Act 1981 |
|
|
Customs Tariff Validation Act 1987 |
|
|
Customs Undertakings (Penalties) Act 1981 |
|
|
Dairy Adjustment Act 1974 |
|
|
Dairy Industry Stabilization Act 1977 |
|
|
Dairy Industry Stabilization Levy Act 1977 |
|
|
Dairy Produce Act 1986 |
|
|
Defence Housing Authority Act 1987 |
|
|
Defence Service Homes Act 1918 |
|
|
Designs Act 1906 |
|
|
Development Allowance Authority Act 1992 |
|
|
Diesel Fuel Tax Act (No. 1) 1957 |
|
|
Diesel Fuel Tax Act (No. 2) 1957 |
|
|
Diesel Fuel Taxation (Administration) Act 1957 |
|
|
Disability Discrimination Act 1992 |
Section 31 |
|
Disability Services Act 1986 |
|
|
Distillation Act 1901 |
|
|
Dried Vine Fruits Equalization Levy Act 1978 |
|
|
Education Services for Overseas Students (Registration of Providers and
Financial Regulation) Act 1991 |
|
|
Employment, Education and Training Act 1988 |
|
|
Employment Services Act 1994 |
|
|
Endangered Species Protection Act 1992 |
|
|
Environment Protection (Impact of Proposals) Act 1974 |
|
|
Environment Protection (Nuclear Codes) Act 1978 |
|
|
Environment Protection (Sea Dumping) Act 1981 |
|
|
Excise Act 1901 |
|
|
Excise Tariff Act 1921 |
|
|
Excise Tariff Validation Act 1980 |
|
|
Excise Tariff Validation Act 1987 |
|
|
Exotic Animal Disease Control Act 1989 |
|
|
Explosives Act 1961 |
|
|
Export Control Act 1982 |
|
|
Export Finance and Insurance Corporation Act 1991 |
|
|
Export Market Development Grants Act 1974 |
|
|
Federal Airports Corporation Act 1986 |
|
|
Financial Corporations Act 1974 |
|
|
Financial Transaction Reports Act 1988 |
|
|
Fisheries Management Act 1991 |
|
|
Foreign Acquisitions and Takeovers Act 1975 |
|
|
Foreign Corporations (Application of Laws) Act 1989 |
|
|
Fringe Benefits Tax Assessment Act 1986 |
|
|
General Insurance Supervisory Levy Act 1989 |
|
|
Great Barrier Reef Marine Park Act 1975 |
|
|
Hazardous Waste (Regulation of Exports and Imports) Act 1989 |
|
|
Health Insurance Act 1973 |
The whole Act other than sections 3A and 3C except in so far as the Act
provides for instruments to be made in respect of section 19A or to amend the
General Medical Services Table, the Pathology Services Table or the Diagnostic
Imaging Services Table |
|
Health Insurance (Pathology) (Fees) Act 1991 |
|
|
Health Insurance (Pathology) (Licence Fee) Act 1991 |
|
|
Heard Island and McDonald Islands Act 1953 |
|
|
Hearing Services Act 1991 |
|
|
Higher Education Funding Act 1988 |
|
|
Historic Shipwrecks Act 1976 |
|
|
Imported Food Control Act 1992 |
|
|
Income Tax Assessment Act 1936 |
The whole Act other than subsection 6(1) (definition of Commonwealth
country), subsection 16(6), paragraph 23(t), section 23AB, subsection
23AC(2A), subsections 23AD(2) and (6), subsection 24(2), subsection 27D(3),
subsection 27H(4), subsection 37(2), subsection 51AGA(1), subsection 78(21),
subsection 82KZB(2), section 160AAA, subsection 218(7), subsection 220(5),
subsection 221R(2), section 221S, paragraph 222AGF(7)(c), paragraph
222AHE(5)(c), paragraph 222AIH(4)(c), subsection 251O(2) and section 251W
|
|
Industrial Chemicals (Notification and Assessment) Act 1989 |
|
|
Industrial Relations Act 1988 |
The whole Act other than Division 1 of Part XII and section 348 in relation
to powers under Division 1 of Part XII |
|
Industrial Research and Development Act 1986 |
|
|
Industrial Research and Development Incentives Act 1976 |
|
|
Industry Commission Act 1989 |
|
|
Insurance Act 1973 |
|
|
Insurance Acquisitions and Takeovers Act 1991 |
|
|
Insurance (Agents and Brokers) Act 1984 |
|
|
Insurance Contracts Act 1984 |
|
|
Insurance Supervisory Levies Collection Act 1989 |
|
|
International Air Services Commission Act 1992 |
|
|
International Labour Organisation (Compliance with Conventions) Act
1992 |
|
|
International Sugar Agreement Act 1978 |
|
|
International Tax Agreements Act 1953 |
|
|
Interstate Road Transport Act 1985 |
|
|
Jervis Bay Territory Acceptance Act 1915 |
|
|
Life Insurance Act 1995 |
|
|
Life Insurance Supervisory Levy Act 1989 |
|
|
Lighthouses Act 1911 |
|
|
Liquefied Petroleum Gas (Grants) Act 1980 |
|
|
Liquid Fuel Emergency Act 1984 |
|
|
Loan (Income Equalization Deposits) Act 1976 |
|
|
Local Government (Financial Assistance) Act 1995 |
|
|
Management and Investment Companies Act 1980 |
|
|
Marine Insurance Act 1909 |
|
|
Marine Navigation Levy Act 1989 |
|
|
Marine Navigation Levy Collection Act 1989 |
|
|
Marine Navigation (Regulatory Functions) Levy Act 1991 |
|
|
Marine Navigation (Regulatory Functions) Levy Collection Act 1991 |
|
|
Meat and Live-stock Industry Act 1995 |
|
|
Meat Inspection Act 1983 |
|
|
Meteorology Act 1955 |
|
|
Migration Act 1958 |
The whole Act in so far as it provides for instruments that relate to Part
3 of the Act |
|
Moomba-Sydney Pipeline System Sale Act 1994 |
|
|
Motor Vehicle Standards Act 1989 |
|
|
Murray-Darling Basin Act 1993 |
|
|
Mutual Recognition Act 1992 |
|
|
Narcotic Drugs Act 1967 |
Sections 9, 10, 11, 12, 13, 19, 22 and 23 |
|
|
Subsections 24(1) and (2) |
|
|
So much of the remaining provisions of the Act as relate to powers and
functions under those sections |
|
National Environment Protection Council Act 1994 |
|
|
National Food Authority Act 1991 |
|
|
National Gallery Act 1975 |
|
|
National Health Act 1953 |
The whole Act other than subsections 85(2), (2AA), (3) and (6) and 85A(1),
paragraphs 85A(2)(a), (b) and (c), subsections 85B(1), 88(1A) and 93(1) and (2)
and paragraph 98(1)(b) |
|
National Measurement Act 1960 |
|
|
National Museum of Australia Act 1980 |
|
|
National Occupational Health and Safety Commission Act 1985 |
|
|
National Parks and Wildlife Conservation Act 1975 |
|
|
National Rail Corporation Agreement Act 1992 |
|
|
National Residue Survey (Aquatic Animal Export) Levy Act 1992 |
|
|
National Road Transport Commission Act 1991 |
|
|
Native Title Act 1993 |
|
|
Navigation Act 1912 |
|
|
Norfolk Island Act 1979 |
Sections 27 and 67 |
|
Nuclear Non-Proliferation (Safeguards) Act 1987 |
|
|
Occupational Health and Safety (Maritime Industry) Act 1993 |
|
|
Offshore Minerals Act 1994 |
|
|
Olympic Insignia Protection Act 1987 |
|
|
Ozone Protection Act 1989 |
|
|
Ozone Protection (Licence Fees—Imports) Act 1995 |
|
|
Ozone Protection (Licence Fees—Manufacture) Act 1995 |
|
|
Passenger Movement Charge Collection Act 1978 |
|
|
Patents Act 1990 |
|
|
Patents, Trade Marks, Designs and Copyright Act 1939 |
|
|
Petroleum Excise (Prices) Act 1987 |
|
|
Petroleum Resource Rent Tax Assessment Act 1987 |
|
|
Petroleum Retail Marketing Franchise Act 1980 |
|
|
Petroleum Retail Marketing Sites Act 1980 |
|
|
Petroleum (Submerged Lands) Act 1967 |
|
|
Pipeline Authority Act 1973 |
|
|
Plant Breeder’s Rights Act 1994 |
|
|
Pooled Development Funds Act 1992 |
|
|
Prawn Boat Levy Act 1995 |
|
|
Prices Surveillance Act 1983 |
|
|
Primary Industries and Energy Research and Development Act 1989 |
|
|
Protection of Movable Cultural Heritage Act 1986 |
|
|
Protection of the Sea (Civil Liability) Act 1981 |
|
|
Protection of the Sea (Imposition of Contributions to Oil Pollution
Compensation Fund—Customs) Act 1993 |
|
|
Protection of the Sea (Imposition of Contributions to Oil Pollution
Compensation Fund—Excise) Act 1993 |
|
|
Protection of the Sea (Imposition of Contributions to Oil Pollution
Compensation Fund—General) Act 1993 |
|
|
Protection of the Sea (Oil Pollution Compensation Fund) Act 1993 |
|
|
Protection of the Sea (Powers of Intervention) Act 1981 |
|
|
Protection of the Sea (Prevention of Pollution from Ships) Act
1983 |
|
|
Protection of the Sea (Shipping Levy) Act 1981 |
|
|
Protection of the Sea (Shipping Levy Collection) Act 1981 |
|
|
Psychotropic Substances Act 1976 |
|
|
Public Lending Rights Act 1985 |
|
|
Qantas Sale Act 1992 |
|
|
Quarantine Act 1908 |
|
|
Radiocommunications Act 1992 |
The whole Act other than sections 60, 106 and subsection 294(1) |
|
Radiocommunications (Receiver Licence Tax) Act 1983 |
The whole Act other than section 7 |
|
Radiocommunications (Permit Tax) Act 1983 |
The whole Act other than section 7 |
|
Radiocommunications Taxes Collection Act 1983 |
|
|
Radiocommunications (Transmitter Licence Tax) Act 1983 |
The whole Act other than section 7 |
|
Radio Licence Fees Act 1964 |
|
|
Road Transport Reform (Dangerous Goods) Act 1995 |
|
|
Road Transport Reform (Vehicles and Traffic) Act 1993 |
|
|
Safety, Rehabilitation and Compensation Act 1988 |
|
|
Sales Tax Amendment (Transitional) Act 1992 |
|
|
Sales Tax Assessment Act 1992 |
|
|
Sales Tax (Exemptions and Classifications) Act 1992 |
|
|
Science and Industry Endowment Act 1926 |
|
|
Science and Industry Research Act 1949 |
|
|
Scout Association Act 1924 |
|
|
Seafarers Rehabilitation and Compensation Act 1992 |
|
|
Sea Installations Act 1987 |
|
|
Sea Installations Levy Act 1987 |
|
|
Shipping Registration Act 1981 |
|
|
Ships (Capital Grants) Act 1987 |
|
|
Snowy Mountains Engineering Corporation Act 1970 |
|
|
Snowy Mountains Engineering Corporation (Conversion into Public Company)
Act 1989 |
|
|
Snowy Mountains Engineering Corporation Limited Sale Act 1993 |
|
|
Snowy Mountains Hydro-electric Power Act 1949 |
|
|
Special Broadcasting Service Act 1991 |
|
|
Spirits Act 1906 |
|
|
States Grants (Petroleum Products) Act 1965 |
|
|
Statute Law (Miscellaneous Amendments) Act (No. 1) 1982 |
Sections 191 and 192 |
|
Stevedoring Industry Finance Committee Act 1977 |
|
|
Stevedoring Industry Levy Act 1977 |
|
|
Stevedoring Industry Levy Collection Act 1977 |
|
|
Structural Adjustments (Loan Guarantees) Act 1974 |
|
|
Subsidy (Cultivation Machines and Equipment) Act 1986 |
|
|
Subsidy (Grain Harvesters and Equipment) Act 1985 |
|
|
Superannuation Entities (Taxation) Act 1987 |
|
|
Superannuation (Financial Assistance Funding) Levy Act 1993 |
|
|
Superannuation Guarantee (Administration) Act 1992 |
|
|
Superannuation Industry (Supervision) Act 1993 |
|
|
Superannuation Supervisory Levy Act 1991 |
|
|
Superannuation (Resolution of Complaints) Act 1993 |
|
|
Supported Accommodation Assistance Act 1994 |
|
|
Taxation Administration Act 1953 |
The whole Act other than section 5A |
|
Taxation (Interest on Overpayments and Early Payments) Act 1983 |
|
|
Taxation (Unpaid Company Tax) Assessment Act 1982 |
|
|
Telecommunications Act 1991 |
|
|
Telecommunications (Application Fees) Act 1991 |
|
|
Telecommunications (Carrier Licence Fees) Act 1991 |
|
|
Telecommunications (Interception) Act 1979 |
|
|
Telecommunications (Numbering Fees) Act 1991 |
|
|
Telecommunications (Public Mobile Licence Charge) Act 1992 |
|
|
Telecommunications (Universal Service Levy) Act 1991 |
|
|
Television Licence Fees Act 1964 |
|
|
Telstra Corporation Act 1991 |
|
|
Textile, Clothing and Footwear Development Authority Act 1988 |
|
|
Therapeutic Goods Act 1989 |
|
|
Therapeutic Goods (Charges) Act 1989 |
|
|
Tobacco Advertising Prohibition Act 1992 |
|
|
Tobacco Charge Act (No. 1) 1955 |
|
|
Tobacco Charges Assessment Act 1955 |
|
|
Tobacco Marketing Act 1965 |
|
|
Torres Strait Fisheries Act 1984 |
|
|
Trade Marks Act 1955 |
|
|
Trade Practices Act 1974 |
|
|
Tradesmen’s Rights Regulation Act 1946 |
|
|
Training Guarantee (Administration) Act 1990 |
|
|
Trust Recoupment Tax Assessment Act 1985 |
|
|
Veterans’ Entitlements Act 1986 |
Sections 90A, 91, 105, 117 and 216 |
|
Whale Protection Act 1980 |
|
|
Wheat Marketing Act 1989 |
|
|
Wildlife Protection (Regulation of Exports and Imports) Act 1982 |
|
|
Wool International Act 1993 |
|
|
Wool Tax Act (No. 1) 1964 |
|
|
Wool Tax Act (No. 2) 1964 |
|
|
Wool Tax Act (No. 3) 1964 |
|
|
Wool Tax Act (No. 4) 1964 |
|
|
Wool Tax Act (No. 5) 1964 |
|
|
Wool Tax (Administration) Act 1964 |
|
|
World Heritage Properties Conservation Act 1983 |
|
|
Bodies that are government business enterprises |
|---|
|
Airservices Australia |
|
ANL Limited |
|
Australian Defence Industries Limited |
|
Australian Industry Development Corporation |
|
Australian National Railways Commission |
|
Australian Postal Corporation |
|
Australian Technology Group Limited |
|
Avalon Airport Geelong Pty Limited |
|
Commonwealth Bank of Australia |
|
Commonwealth Funds Management Limited |
|
Defence Housing Authority |
|
Export Finance and Insurance Corporation |
|
Federal Airports Corporation |
|
Housing Loans Insurance Corporation |
|
Pipeline Authority |
|
Snowy Mountains Hydro-electric Authority |
|
Telstra Corporation Limited |
Aboriginal
and Torres Strait Islander Commission Act 1989
1A Subclause 28(2) of Schedule
4
Repeal the subclause.
1B At the end of clause 28 of Schedule
4
Add:
Note: Section 59 of the Federal Court of Australia Act
1976 provides that certain provisions of the Legislative Instruments Act
1996 apply, with modification, to Rules of Court made by the Court. Section
59A of the Federal Court of Australia Act 1976 provides that regulations
may be made modifying or adapting certain provisions of the Legislative
Instruments Act 1996 in their application to the Court.
1 Subsection 4(6):
Repeal the subsection, substitute:
(6) In the application of this section to an instrument of a legislative
character (including such an instrument made by virtue of this
section):
(a) references in this section to the enactment of an Act are to be read
as references to the making of such an instrument; and
(b) references in this section to an Act other than the Act concerned are
to be read as references to instruments of a legislative character.
2 Section 17 (definition of
Proclamation)
Omit “published in the Gazette”, substitute “that
is published in the Gazette or entered on the Federal Register of
Legislative Instruments established under the Legislative Instruments Act
1996”.
3 Heading to Part XI
Repeal the heading, substitute:
4 Sections 46 and 46A
Repeal the sections, substitute:
(1) If a provision confers on an authority the power to make an instrument
that is neither a legislative instrument within the meaning of the
Legislative Instruments Act 1996 nor a rule of court, then, unless the
contrary intention appears:
(a) this Act applies to any instrument so made as if it were an Act and as
if each provision of the instrument were a section of an Act; and
(b) expressions used in any instrument so made have the same meaning as in
the enabling provision; and
(c) any instrument so made is to be read and construed subject to the
enabling provision, and so as not to exceed the power of the
authority.
(2) If any instrument so made would, but for subsection (1), be construed
as being in excess of the authority’s power, it is to be taken to be a
valid instrument to the extent to which it is not in excess of that
power.
(3) If a provision confers on an authority the power to make an instrument
(that is not a legislative instrument or a rule of court):
(a) specifying, declaring or prescribing a matter or thing; or
(b) doing anything in relation to a matter or thing;
then, in exercising the power, the authority may identify the matter or
thing by reference to a class or classes of matters or things.
Note: This provision has a parallel, in relation to
legislative instruments, in section 10 of the Legislative Instruments Act
1996.
If legislation authorises or requires provision to be made in relation to
any matter in an instrument that is neither a legislative instrument within the
meaning of the Legislative Instruments Act 1996 nor a rule of court, that
instrument may, unless the contrary intention appears, make provision in
relation to that matter by applying, adopting or incorporating, with or without
modification:
(a) the provisions of any Act, or of any legislative instrument within the
meaning of the Legislative Instruments Act 1996, as in force at a
particular time or as in force from time to time; or
(b) any matter contained in any other instrument or writing as in force or
existing at the time when the first-mentioned instrument takes effect but not as
in force or existing from time to time.
Note: This provision has a parallel, in relation to
legislative instruments, in section 11 of the Legislative Instruments Act
1996.
(1) This section applies to instruments:
(a) that are neither legislative instruments within the meaning of the
Legislative Instruments Act 1996 nor rules of court; and
(b) that are made under a provision of an Act or legislative instrument
(the enabling provision); and
(c) that are expressly declared by the enabling provision or by another
provision of the Act or instrument to be disallowable instruments for the
purposes of this section.
(2) An instrument to which this section applies that is made on or after
the day on which the Legislative Instruments Act 1996 commences, or a
particular provision of such an instrument, takes effect from:
(a) the day specified in the instrument for the purposes of the
commencement of the instrument or provision; or
(b) the day and time specified in the instrument for the purposes of the
commencement of the instrument or provision; or
(c) the day, or day and time, of commencement of an enabling provision,
that is specified in the instrument for the purposes of the commencement of the
instrument or provision; or
(d) in any other case—the first moment (according to the time
applicable in the Australian Capital Territory) of the day next following the
day of notification under subsection (4).
(3) An instrument to which this section applies, or a provision of that
instrument, has no effect if, apart from this subsection, it would take effect
before the day of notification and as a result:
(a) the rights of a person (other than the Commonwealth or an authority of
the Commonwealth) as at the day of notification would be adversely affected;
or
(b) liabilities would be imposed on a person (other than the Commonwealth
or an authority of the Commonwealth) in respect of anything done or omitted to
be done before the day of notification.
(4) An instrument to which this section applies must be notified in the
Gazette and, if the instrument is not so notified by being published in
full in the Gazette, a notice in the Gazette of the
instrument’s having been made, and of the place or places where copies of
it can be purchased, is sufficient compliance with that requirement.
(5) If a notice of the making of an instrument is published in accordance
with subsection (4), copies of the instrument must, at the time of publication
of the notice or as soon as practicable thereafter, be made available for
purchase at the place, or at each of the places, specified in the
notice.
(6) If, on the day of publication of a notice referred to in subsection
(4), there are no copies of the instrument to which the notice relates available
for purchase at the place, or at one or more of the places, specified in the
notice, the Minister administering the enabling provision must cause to be laid
before each House of the Parliament, within 15 sitting days of that House after
that day, a statement that copies of the instrument were not so available and
the reason why they were not so available.
(7) Failure to comply with a requirement of subsection (5) or (6) in
relation to any instrument does not constitute a failure to comply with
subsection (4).
(8) A copy of an instrument to which this section applies must be laid
before each House of the Parliament not later than 6 sitting days of that House
after the instrument is made and, for that purpose, must be delivered to the
House by the person or body authorised to make the instrument.
(9) If a copy of an instrument is not laid before each House of the
Parliament in accordance with subsection (8), it thereupon ceases to have
effect.
(10) Unless the law otherwise provides, Part 5 of the Legislative
Instruments Act 1996, other than sections 58 and 59, applies in relation to
an instrument to which this section applies as if:
(a) references to legislative instruments or to a legislative instrument
were references to an instrument to which this section applies; and
(b) references to enabling legislation were references to the enabling
provision; and
(c) references to repeal were references to revocation; and
(d) references in subsection 62(2) of the Legislative Instruments Act
1996 to another legislative instrument included references to a provision of
a non-legislative instrument made under the enabling provision.
5 Part XII
Repeal the Part.
Amendments
Incorporation Act 1905
6 At the end of the Act
Add:
(1) If the Government Printer reprints a legislative instrument that has
been amended at any time, the instrument must be reprinted as amended
by:
(a) any repeal or omission of words or figures; and
(b) any substitution of words or figures for any repealed or omitted words
or figures; and
(c) any insertion of words or figures.
(2) If a legislative instrument prescribes a method of citing another
legislative instrument (the amended instrument), the amended
instrument is taken to be amended by omitting the citation of the amended
instrument and substituting the prescribed method of citation.
(3) A reprint of an amended legislative instrument must include a
reference to the amending legislative instrument or Act. The reference must be
set out in the margin of, or in a footnote or endnote to, the reprint.
(4) In this section:
legislative instrument has the same meaning as in the
Legislative Instruments Act 1996.
words includes Part, Division, Subdivision, heading,
regulation, clause, subregulation, subclause, paragraph, subparagraph,
sub-subparagraph and Schedule.
Commonwealth
Electoral Act 1918
6A Subsection 375(2)
Repeal the subsection.
6B At the end of section
375
Add:
Note: Section 86 of the Judiciary Act 1903 provides
that certain provisions of the Legislative Instruments Act 1996 apply,
with modifications, to Rules of Court made by the Court. Section 88 of the
Judiciary Act 1903 provides that regulations may be made modifying and
adapting certain provisions of the Legislative Instruments Act 1996 in
their application to the Court.
6C Section 58C
Repeal the section, substitute:
(1) This section applies to a determination under section 58B:
(a) that is made before the day on which the Legislative Instruments
Act 1996 commences and that:
(i) has not, before that day, been laid before a House of the Parliament;
or
(ii) has been laid before a House of the Parliament before that day but is
still subject to disallowance; or
(b) that is made during the period of 6 years starting on that
day.
(2) Subject to subsections (3) and (4), a determination to which this
section applies is taken to be a disallowable non-legislative instrument for the
purposes of section 46B of the Acts Interpretation Act 1901.
(3) Subsections 46B(2), (3), (4), (5), (6) and (7) of the Acts
Interpretation Act 1901 do not apply to a determination to which this
section applies.
(4) If a determination is a determination to which this section applies
because it was laid before a House of the Parliament before the day on which the
Legislative Insruments Act 1996 commences but is still subject to
disallowance, then, for the purpose of the operation of section 46B of the
Acts Interpretation Act 1901 in relation to the determination:
(a) section 46B of the last-mentioned Act is taken to have been in force
at the time when the determination was laid before that House; and
(b) the determination is to be treated as if it had been laid before that
House, at the time when it was so laid, in accordance with the requirements of
that section.
(5) Section 67 of the Legislative Instruments Act 1996 does not
apply to a determination to which this section applies.
7 Section 26E
Repeal the section, substitute:
The Legislative Instruments Act 1996 (other than sections 5 and 8,
paragraph 15(a) and section 16 of that Act) applies in relation to Rules of
Court made under sections 26B and 26C of this Act:
(a) as if a reference to a legislative instrument were a reference to a
Rule of Court; and
(b) as if a reference to a rule-maker were a reference to the Chief
Justice acting on behalf of the Judges; and
(c) subject to such further modifications or adaptations as are provided
for in regulations made under paragraph 125(1)(bb) of this Act.
8 Subsection 37A(14)
Repeal the subsection, substitute:
(14) The Legislative Instruments Act 1996 (other than sections 5
and 8, paragraph 15(a) and section 16 of that Act) applies in relation to Rules
of Court made under this section:
(a) as if a reference to a legislative instrument were a reference to a
Rule of Court; and
(b) as if a reference to a rule-maker were a reference to the Chief
Justice acting on behalf of the Judges; and
(c) subject to such further modifications or adaptations as are provided
for in regulations made under paragraph 125(1)(bb) of this Act.
9 Subsection 123(2)
Repeal the subsection, substitute:
(2) The Legislative Instruments Act 1996 (other than sections 5 and
8, paragraph 15(a) and section 16 of that Act) applies in relation to Rules of
Court made under this section:
(a) as if a reference to a legislative instrument were a reference to a
Rule of Court; and
(b) as if a reference to a rule-maker were a reference to the Chief
Justice acting on behalf of the Judges; and
(c) subject to such further modifications or adaptations as are provided
for in regulations made under paragraph 125(1)(bb) of this Act.
(2A) Despite the fact that paragraph 15(a) and section 16 of the
Legislative Instruments Act 1996 do not apply in relation to Rules of
Court made under this Act, the Principal Legislative Counsel may provide
assistance in the drafting of any of those Rules if the Chief Justice so
desires.
10 After paragraph
125(1)(ba)
Insert:
(bb) modifying or adapting the provisions of the Legislative
Instruments Act 1996 (other than the provisions of Part 5 of that Act or any
other provisions whose modification or adaptation would affect the operation of
that Part) in their application to the Family Court and any other court
exercising jurisdiction under this Act;
11 After subsection 125(1)
Insert:
(1A) Without limiting the generality of subsection (1) in relation to
regulations made under paragraph (1)(bb), such regulations must provide, in
substitution for Part 3 of the Legislative Instruments Act 1996, for a
procedure to be followed by the Judges if:
(a) they propose to make a Rule of Court more than 6 months after that Act
commences; and
(b) that Rule of Court is likely to have a direct, or a substantial
indirect, effect on business;
to ensure that, before the proposed Rule is made, there is consultation
with organisations or bodies representing the interests of persons likely to be
affected by the proposed Rule.
(1B) Regulations that provide a consultation procedure in substitution for
Part 3 of the Legislative Instruments Act 1996 may be expressed to be
subject to exceptions of the kind referred to in section 28 or 30 of that
Act.
Federal
Court of Australia Act 1976
12 Subsection 59(4)
Repeal the subsection, substitute:
(4) The Legislative Instruments Act 1996 (other than sections 5 and
8, paragraph 15(a) and section 16 of that Act) applies in relation to Rules of
Court made by the Court under this Act or another Act:
(a) as if a reference to a legislative instrument were a reference to a
Rule of Court; and
(b) as if a reference to a rule-maker were a reference to the Chief
Justice acting on behalf of the Judges of the Court; and
(c) subject to such further modifications or adaptations as are provided
for in regulations made under section 59A of this Act.
(5) Despite the fact that paragraph 15(a) and section 16 of the
Legislative Instruments Act 1996 do not apply in relation to Rules of
Court made by the Court under this Act or another Act, the Principal Legislative
Counsel may provide assistance in the drafting of any of those Rules if the
Chief Justice so desires.
13 After section 59
Insert:
(1) The Governor-General may make regulations for the purpose of
subsection 59(4) modifying or adapting the provisions of the Legislative
Instruments Act 1996 (other than provisions of Part 5 of that Act or any
other provisions whose modification or adaptation would affect the operation of
that Part) in their application to the Court.
(2) Without limiting the generality of subsection (1), regulations made
under that subsection must provide, in substitution for Part 3 of the
Legislative Instruments Act 1996, for a procedure to be followed by the
Judges if:
(a) they propose to make a Rule of Court more than 6 months after that Act
commences; and
(b) that Rule of Court is likely to have a direct, or a substantial
indirect, effect on business;
to ensure that, before the proposed Rule is made, there is consultation
with organisations or bodies representing the interests of persons likely to be
affected by the proposed Rule.
(3) Regulations that provide a consultation procedure in substitution for
Part 3 of the Legislative Instruments Act 1996 may be expressed to be
subject to exceptions of the kind referred to in section 28 or 30 of that
Act.
14 Subsection 486(4)
Repeal the subsection, substitute:
(4) The Legislative Instruments Act 1996 (other than sections 5 and
8, paragraph 15(a) and section 16 of that Act) applies in relation to Rules of
Court made under this section:
(a) as if a reference to a legislative instrument were a reference to a
Rule of Court; and
(b) as if a reference to a rule-maker were a reference to the Chief
Justice acting on behalf of the Judges of the Court; and
(c) subject to such further modifications or adaptations as are provided
for in regulations made under section 486A of this Act.
(5) Despite the fact that paragraph 15(a) and section 16 of the
Legislative Instruments Act 1996 do not apply in relation to Rules of
Court made under this section, the Principal Legislative Counsel may provide
assistance in the drafting of any of those Rules if the Chief Justice so
desires.
15 After section 486
Insert:
(1) The Governor-General may make regulations for the purpose of section
486 modifying or adapting the provisions of the Legislative Instruments Act
1996 (other than provisions of Part 5 of that Act or any other provisions
whose modification or adaptation would affect the operation of that Part) in
their application to the Court.
(2) Without limiting the generality of subsection (1), regulations made
under that subsection must provide, in substitution for Part 3 of the
Legislative Instruments Act 1996, for a procedure to be followed by the
Judges if:
(a) they propose to make a Rule of Court more than 6 months after that Act
commences; and
(b) that Rule of Court is likely to have a direct, or a substantial
indirect, effect on business;
to ensure that, before the proposed Rule is made, there is consultation
with organisations or bodies representing the interests of persons likely to be
affected by the proposed Rule.
(3) Regulations that provide a consultation procedure in substitution for
Part 3 of the Legislative Instruments Act 1996 may be expressed to be
subject to exceptions of the kind referred to in section 28 or 30 of that
Act.
16 At the end of section 86
Add:
(2) The Legislative Instruments Act 1996 (other than sections 5 and
8, paragraph 15(a) and section 16 of that Act) applies in relation to Rules of
Court made by the Court under this Act or another Act:
(a) as if a reference to a legislative instrument were a reference to a
Rule of Court; and
(b) as if a reference to a rule-maker were a reference to the Chief
Justice acting on behalf of the Justices of the Court; and
(c) subject to such further modifications or adaptations as are provided
for in regulations made under paragraph 88(1)(cb) of this Act.
(3) Despite the fact that paragraph 15(a) and section 16 of the
Legislative Instruments Act 1996 do not apply in relation to Rules of
Court made by the Court under this Act or another Act, the Principal Legislative
Counsel may provide assistance in the drafting of any of those Rules if the
Chief Justice so desires.
17 Section 87
Repeal the section.
18 After paragraph 88(ca)
Insert:
(cb) modifying or adapting provisions of the Legislative Instruments
Act 1996 (other than provisions of Part 5 of that Act or any other
provisions whose modification or adaptation would affect the operation of that
Part) in their application to the Court;
19 At the end of section 88
Add:
(2) Without limiting the generality of subsection (1) in relation to
regulations made under paragraph (1)(cb), such regulations must provide, in
substitution for Part 3 of the Legislative Instruments Act 1996, for a
procedure to be followed by the Judges if:
(a) they propose to make a Rule of Court more than 6 months after that Act
commences; and
(b) that Rule of Court is likely to have a direct, or a substantial
indirect, effect on business;
to ensure that, before the proposed Rule is made, there is consultation
with organisations or bodies representing the interests of persons likely to be
affected by the proposed Rule.
(3) Regulations that provide a consultation procedure in substitution for
Part 3 of the Legislative Instruments Act 1996 may be expressed to be
subject to exceptions of the kind referred to in section 28 or 30 of that
Act.
19A Section 82F
Repeal the section, substitute:
(1) This section applies to a determination under this Division:
(a) that is made before the day on which the Legislative Instruments
Act 1996 commences and that:
(i) has not, before that day, been laid before a House of the Parliament;
or
(ii) has been laid before a House of the Parliament before that day but is
still subject to disallowance; or
(b) that is made during the period of 6 years starting on that
day.
(2) Subject to subsections (3) and (4), a determination to which this
section applies is taken to be a disallowable non-legislative instrument for the
purposes of section 46B of the Acts Interpretation Act 1901.
(3) Subsections 46B(2), (3), (4), (5), (6) and (7) of the Acts
Interpretation Act 1901 do not apply to a determination to which this
section applies.
(4) If a determination is a determination to which this section applies
because it was laid before a House of the Parliament before the day on which the
Legislative Instruments Act 1996 commences but is still subject to
disallowance, then, for the purpose of the operation of section 46B of the
Acts Interpretation Act 1901 in relation to the determination:
(a) section 46B of the last-mentioned Act is taken to have been in force
at the time when the determination was laid before that House; and
(b) the determination is to be treated as if it had been laid before that
House, at the time when it was so laid, in accordance with the requirements of
that section.
(5) Section 67 of the Legislative Instruments Act 1996 does not
apply to a determination to which this section applies.
Remuneration
Tribunal Act 1973
19B At the end of subsection
7(6)
Add “, not later than 7 days after the making of that
determination”.
Statutory
Rules Publication Act 1903
20 The whole of the Act
Repeal the Act.