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Legislation Act 2003
No. 139, 2003
Compilation No. 39
Compilation date: 24 February 2019
Includes amendments up to: Act No. 130, 2018
Registered: 25 February 2019
This compilation includes commenced amendments made by Act No. 78,
2018
Prepared by the Office of Parliamentary Counsel, Canberra
About this compilation
This compilation
This is a compilation of the Legislation Act 2003 that shows the text of the law
as amended and in force on 24 February 2019 (the compilation date).
The notes at the end of this compilation (the endnotes) include information
about amending laws and the amendment history of provisions of the compiled
law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the
compiled law. Any uncommenced amendments affecting the law are accessible
on the Legislation Register (www.legislation.gov.au). The details of
amendments made up to, but not commenced at, the compilation date are
underlined in the endnotes. For more information on any uncommenced
amendments, see the series page on the Legislation Register for the compiled
law.
Application, saving and transitional provisions for provisions and
amendments
If the operation of a provision or amendment of the compiled law is affected by
an application, saving or transitional provision that is not included in this
compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see
the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as
modified but the modification does not amend the text of the law. Accordingly,
this compilation does not show the text of the compiled law as modified. For
more information on any modifications, see the series page on the Legislation
Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a
provision of the law, details are included in the endnotes.
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Contents
Chapter 1—Introduction 1
Part 1—Preliminary 1 1 Short title ...........................................................................................1
2 Commencement.................................................................................1
3 Object ................................................................................................2
3A Simplified outline of this Act ............................................................3
3AA Norfolk Island....................................................................................4
4 The Dictionary...................................................................................4
5 Definitions of amend and modify.......................................................7
6 Definitions of rule-maker and responsible person.............................8
Part 2—Key concepts for legislative instruments and notifiable
instruments 10 7 Simplified outline of this Part..........................................................10
8 Definition of legislative instrument .................................................11
9 Inference of legislative character .....................................................13
10 Instruments declared to be legislative instruments ..........................14
11 Definition of notifiable instrument ..................................................15
12 Commencement of legislative instruments and notifiable
instruments ......................................................................................16
13 Construction of legislative instruments and notifiable
instruments ......................................................................................18
14 Prescribing matters by reference to other instruments .....................19
Chapter 2—Registration of Acts, legislative
instruments and notifiable instruments 21
Part 1—The Federal Register of Legislation 21
Division 1—Simplified outline of this Part 21
15 Simplified outline of this Part..........................................................21
Division 2—Federal Register of Legislation 22
15A Federal Register of Legislation—establishment and
maintenance.....................................................................................22
15B Federal Register of Legislation—complete record of
registered laws.................................................................................23
15C Federal Register of Legislation—access to registered
material on approved website ..........................................................23
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15D Federal Register of Legislation—rectification of Register ..............24
15DA Requirement for re-tabling and new disallowance period
after rectification of Register ...........................................................25
15E Federal Register of Legislation—keeping the Register ...................27
Division 3—Registration on Federal Register of Legislation 28
15F Registration of Acts .........................................................................28
15G Lodgement of legislative instruments and notifiable
instruments, and other material........................................................28
15H Registration of legislative instruments and notifiable
instruments, and other documents ...................................................29
15J Explanatory statements....................................................................30
15K Registration—enforceability of legislative instruments...................31
15L Events affecting the currency or accuracy of the Register ...............31
15M Rules for lodgement and registration...............................................33
Part 2—Compilations 35
Division 1—Simplified outline of this Part 35
15N Simplified outline of this Part..........................................................35
Division 2—Registration of compilations 36
15P Registered compilations—information requirements ......................36
15Q Definitions of required compilation event and discretionary
compilation event etc. ......................................................................36
15R Lodgement of compilations of instruments—required
compilation events...........................................................................38
15S Lodgement of compilations of instruments—discretionary
compilation events...........................................................................39
15T Registration of compilations............................................................39
15U Compilations—rules........................................................................41
Division 3—Editorial changes and other changes 43
15V Power to make editorial changes and other changes........................43
15W Editorial changes treated in the same way as amendments..............45
15X Definition of editorial change .........................................................45
Part 3—Authorised versions and judicial notice 48
Division 1—Introduction 48
15Y Simplified outline of this Part..........................................................48
15Z Scope of this Part.............................................................................48
Division 2—Authorised versions and judicial notice 49
15ZA Authorised versions .........................................................................49
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15ZB Judicial notice..................................................................................51
Chapter 3—Legislative instruments and notifiable
instruments 53
Part 1—Drafting standards and consultation 53 15ZC Simplified outline of this Part..........................................................53
16 Measures to achieve high drafting standards for legislative
instruments and notifiable instruments ............................................53
17 Rule-makers should consult before making legislative
instruments ......................................................................................54
19 Consequence of failure to consult....................................................55
Part 2—Parliamentary scrutiny of legislative instruments 56 36 Simplified outline of this Part..........................................................56
37 The purpose of the Part....................................................................56
38 Tabling of legislative instruments....................................................56
39 Tabling of explanatory statements ...................................................57
40 Regulations may specify manner of delivery of certain
documents........................................................................................58
41 Incorporated material may be required to be made available ..........58
42 Disallowance of legislative instruments ..........................................58
44 Legislative instruments that are not subject to disallowance ...........60
45 Reviving a legislative instrument, law or provision.........................60
46 Legislative instruments not to be remade while required to
be tabled ..........................................................................................61
47 Legislative instruments not to be remade while subject to
disallowance ....................................................................................62
48 Remaking disallowed legislative instruments..................................63
Part 3—Repeal of spent legislative instruments, notifiable
instruments and provisions 64
Division 1A—Simplified outline of this Part 64
48AA Simplified outline of this Part..........................................................64
Division 1—Automatic repeal 65
Subdivision A—Repeal of amending and repealing instruments 65
48A Automatic repeal of amending and repealing instruments...............65
Subdivision B—Repeal of commencement instruments 66
48B Automatic repeal of commencement instruments............................66
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Subdivision C—Repeal of amending or repealing provisions of
instruments containing other matter 67
48C Automatic repeal of amending and repealing provisions.................67
Subdivision D—Repeal of commencement provisions of
instruments containing other matter 69
48D Automatic repeal of commencement provisions..............................69
Division 2—Repeal by regulations 71
48E Regulations may repeal instruments or provisions no longer
required............................................................................................71
Part 4—Sunsetting of legislative instruments 72 48F Simplified outline of this Part..........................................................72
49 The purpose of the Part....................................................................72
50 Sunsetting ........................................................................................73
51 Attorney-General may defer sunsetting in certain
circumstances ..................................................................................74
51A Attorney-General may align sunsetting of instruments to be
reviewed together ............................................................................75
52 Attorney-General must lay lists of instruments due for
sunsetting before each House of the Parliament ..............................76
53 Resolution that instrument continue in force ...................................76
54 Instruments to which this Part does not apply .................................77
Chapter 4—Miscellaneous 79 55 Simplified outline of this Chapter....................................................79
56 Legislative instruments—gazettal and other publication and
notification requirements .................................................................79
57 Effect on existing tabling and disallowance requirements...............80
57A Legislative instruments made under power delegated by the
Parliament before 1 January 2005 ...................................................82
58 Delegation .......................................................................................82
59 Review of operation of this Act .......................................................82
60 Review of operation of the sunsetting provisions ............................83
61 Legislative instrument and notifiable instrument
amendments by regulations under this Act ......................................83
61A Rules made by First Parliamentary Counsel ....................................84
62 Regulations......................................................................................84
Endnotes 85
Endnote 1—About the endnotes 85
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Endnote 2—Abbreviation key 87
Endnote 3—Legislation history 88
Endnote 4—Amendment history 94
Endnote 5—Editorial changes 101
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Section 1
An Act providing for public access to Acts and
instruments, for the making, parliamentary
scrutiny and sunsetting of legislative instruments
and for the repeal of spent instruments and
provisions, and for other purposes
Chapter 1—Introduction
Part 1—Preliminary
1 Short title
This Act may be cited as the Legislation Act 2003.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the
time specified in column 2 of the table.
Commencement information
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
1. Sections 1, 2 The day on which this Act receives the 17 December
and 2A and Royal Assent 2003
anything in this
Act not elsewhere
covered by this
table
2. Sections 3 to 62 A single day fixed by Proclamation, subject 1 January 2005
to subsections (3) and (4)
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Commencement information
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
3. Schedule 1 Immediately after the commencement of 1 January 2005
Schedule 1 to the Legislative Instruments
(Transitional Provisions and Consequential
Amendments) Act 2003
Note: This table relates only to the provisions of this Act as originally
passed by the Parliament and assented to. It will not be expanded to
deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published
version of this Act.
(3) The date fixed by Proclamation for the purposes of item 2 of the
table must be a first day of January or a first day of July occurring
after the day on which this Act receives the Royal Assent.
(4) If the provisions covered by item 2 of the table do not commence
under subsection (1) within the period of 12 months beginning on
the day on which this Act receives the Royal Assent, they
commence on the first day of January or of July, whichever next
follows the end of that period.
3 Object
The object of this Act is to provide a comprehensive regime for the
management of Acts and instruments by:
(a) establishing the Federal Register of Legislation as a
permanent repository of versions (including authorised
versions) of Acts, legislative instruments, notifiable
instruments and compilations, together with associated
documents and information; and
(aa) enabling the First Parliamentary Counsel to make editorial
changes and some other changes in preparing compilations of
Acts, legislative instruments and notifiable instruments, if
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Section 3A
those changes do not change the effect of the Acts or
instruments; and
(b) encouraging rule-makers to undertake appropriate
consultation before making legislative instruments; and
(c) encouraging high standards in the drafting of legislative
instruments and notifiable instruments to promote their legal
effectiveness, their clarity and their intelligibility to
anticipated users; and
(d) improving public access to Acts and instruments; and
(e) establishing improved mechanisms for Parliamentary
scrutiny of legislative instruments; and
(ea) automatically repealing spent legislative instruments and
notifiable instruments (or provisions of those instruments)
that merely provide for the amendment, repeal or
commencement of Acts or other instruments; and
(f) establishing mechanisms to ensure that legislative
instruments are periodically reviewed and, if they no longer
have a continuing purpose, repealed; and
(g) enabling regulations to be made under this Act amending or
repealing legislative instruments and notifiable instruments in
some circumstances.
3A Simplified outline of this Act
This Act provides for public access to Commonwealth Acts,
legislative instruments and notifiable instruments. The Act also
regulates other matters relating to legislative instruments and
notifiable instruments.
Acts, legislative instruments and notifiable instruments,
compilations and associated documents and information are
registered on the Federal Register of Legislation. The public has
online access (through an approved website) to authorised versions
of registered Acts, instruments and compilations, and to associated
documents and information.
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The First Parliamentary Counsel maintains the Register and the
approved website. The First Parliamentary Counsel is given the
power to make editorial changes and some other changes to
registered Acts and instruments in preparing compilations, if those
changes do not change the effect of the Acts or instruments.
For legislative instruments and notifiable instruments, the Act
deals with commencement, interpretation, incorporation of external
material by reference and drafting standards.
Rule-makers for legislative instruments must undertake appropriate
and reasonably practicable consultation before the instruments are
made. Generally, legislative instruments must be tabled in both
Houses of Parliament and are generally subject to disallowance by
either House.
Legislative instruments and notifiable instruments (or provisions of
those instruments) are automatically repealed if they merely
provide for the amendment, repeal or commencement of Acts or
other instruments. Legislative instruments are generally repealed
automatically (sunsetted) no more than 10 years after being
registered.
3AA Norfolk Island
This Act extends to Norfolk Island.
4 The Dictionary
In this Act:
amend: see subsection 5(1).
approved website: see section 15C.
authorised version, of a registered law or explanatory statement:
see section 15ZA.
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commencement instrument, in relation to an Act, legislative
instrument or notifiable instrument, means an instrument providing
solely for the commencement of:
(a) the Act or instrument; or
(b) a provision of the Act or instrument.
Example: A Proclamation providing solely for the commencement of an Act.
compilation, of an Act, legislative instrument or notifiable
instrument, is a document showing the text of the Act or
instrument:
(a) as amended (if at all) and in force on a day (the compilation
date) stated in the document; or
(b) as the Act or instrument would be amended and in force on a
day (the compilation date) stated in the document, by
amendments that have not commenced, if the document
indicates that the amendments have not commenced; or
(c) as the Act or instrument is, or would be, modified by an Act
or an instrument, and in force on a day (the compilation date)
stated in the document.
Note: See Part 2 of Chapter 2 for the registration of compilations.
compilation date: see the definition of compilation in this section.
disallowable legislative instrument means a legislative instrument
to which section 42 applies.
Note: Section 42 provides for the parliamentary disallowance of legislative
instruments. Section 42 does not apply to some legislative instruments
(see section 44).
discretionary compilation event, for an Act, legislative instrument
or notifiable instrument: see section 15Q.
editorial change, in relation to an Act, legislative instrument or
notifiable instrument: see section 15X.
enabling legislation, in relation to a legislative instrument or
notifiable instrument, means the primary law that authorises the
making of the instrument.
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explanatory statement for a legislative instrument: see section 15J.
Federal Register of Legislation means the register established and
maintained under section 15A.
First Parliamentary Counsel means the person appointed to the
position of First Parliamentary Counsel under subsection 4(1) of
the Parliamentary Counsel Act 1970.
initial explanatory statement: see section 15J.
instrument means any writing or other document, and includes an
instrument in electronic form.
legislative instrument: see section 8.
Note: This term has the same meaning when used in other Acts and
instruments: see the definition of legislative instrument in section 2B
of the Acts Interpretation Act 1901.
making, in relation to an instrument, means the signing, sealing or
other endorsement of the instrument by the person or body
empowered to make it.
modify: see subsection 5(2).
notifiable instrument: see section 11.
Note: This term has the same meaning when used in other Acts and
instruments: see the definition in section 2B of the Acts Interpretation
Act 1901.
Office of Parliamentary Counsel means the office established by
subsection 2(1) of the Parliamentary Counsel Act 1970.
power delegated by the Parliament: an instrument made under a
power delegated by the Parliament includes:
(a) an instrument made under a power delegated by the
Parliament to a person or body and then, under the authority
of the Parliament, further delegated by that person or body to
another person or body; and
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(b) an instrument that may be made under a power delegated by
the Parliament as well as under a power given otherwise by
law.
Example:An instrument made under an Act as well as a prerogative power.
primary law means an Act or an instrument made under an Act, or
a provision of an Act or an instrument made under an Act.
register means register on the Federal Register of Legislation.
registered law or explanatory statement: see section 15Z.
repeal, in relation to an instrument or a provision of an instrument,
includes revoke or rescind the instrument or provision.
Note: Section 5 defines amend, for a provision of an instrument, to include
the repeal of a provision of the instrument.
replacement explanatory statement: see section 15J.
required compilation event, for an Act, legislative instrument or
notifiable instrument: see section 15Q.
responsible person: see section 6.
rule-maker: see section 6.
rules means rules made by the First Parliamentary Counsel under
section 61A.
Note: These rules are legislative instruments. Regulations may also be made
for the purposes of this Act (see section 62).
supplementary explanatory statement: see section 15J.
text includes any writing.
Note: See the definition of writing in section 2B of the Acts Interpretation
Act 1901.
5 Definitions of amend and modify
(1) In this Act, amend includes:
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(a) for an Act or instrument—repeal, omit, insert, substitute,
renumber or relocate a provision of the Act or instrument;
and
(b) for a provision of an Act or instrument—any of the
following:
(i) repeal or omit the provision (or a part of it);
(ii) substitute another provision for the provision (or a part
of it);
(iii) insert another provision into the provision (or a part of
it);
(iv) renumber the provision (or a part of it);
(v) relocate the provision (or a part of it); and
(c) for an Act or instrument, or a provision of an Act or
instrument—amend by implication; and
(d) for an Act or instrument, or a provision of an Act or
instrument—change its text in any other way.
Note 1: Repeal, in relation to a provision of an instrument, includes revoke or
rescind the provision (see the definition of repeal in section 4).
Note 2: For the purposes of Part 2 of Chapter 2 (registration of compilations),
an Act or instrument is amended by an Act or instrument, or a
provision of an Act or instrument, when the amending Act or
provision commences (see subsection 15Q(3)).
(2) In this Act, modify an Act or instrument means modify the
operation of the Act or instrument without amending its text.
6 Definitions of rule-maker and responsible person
Rule-makers
(1) In this Act, rule-maker, for an instrument, means:
(a) for an instrument made by the Governor-General that is made
under enabling legislation (whether or not it may also be
made under any other power)—the Minister currently
responsible for administering the provision of the enabling
legislation under which the instrument is made; or
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(b) for an instrument made by the Governor-General, in any
other case—the Prime Minister, or a Minister prescribed by
regulation for the purposes of this paragraph; or
(c) for an instrument made by a person other than the
Governor-General—a person currently authorised to make
the instrument.
Responsible persons
(2) In this Act, responsible person means:
(a) for an Act or a provision of an Act—the Minister currently
responsible for administering the Act or provision; or
(b) for an instrument—the rule-maker for the instrument.
(3) If more than one Minister is currently responsible for administering
an Act, or a provision of an Act:
(a) each of those Ministers is a responsible person for the Act or
provision (as the case may be); and
(b) the performance of a function or duty under this Act (in
relation to the Act or provision administered) by any of the
Ministers discharges the function or duty.
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Part 2 Key concepts for legislative instruments and notifiable instruments
Section 7
Part 2—Key concepts for legislative instruments
and notifiable instruments
7 Simplified outline of this Part
What are legislative instruments?
Generally, the following are legislative instruments:
• an instrument described or declared by a law (including this
Act) to be a legislative instrument;
• an instrument registered on the Federal Register of Legislation
as a legislative instrument;
• an instrument made under a power delegated by the
Parliament that determines the law or alters its content.
However, an instrument is not a legislative instrument if an Act (or
a regulation under this Act) so provides.
What are notifiable instruments?
Generally, the following are notifiable instruments:
• an instrument described or declared by a law (including this
Act or a regulation under this Act) to be a notifiable
instrument;
• a commencement instrument;
• an instrument (other than a legislative instrument) that is
registered on the Federal Register of Legislation as a
notifiable instrument.
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Key concepts for legislative instruments and notifiable instruments Part 2
Section 8
Generally, unlike legislative instruments, notifiable instruments are
not subject to parliamentary scrutiny, nor are they subject to
automatic repeal 10 years after registration.
Other key concepts
A legislative instrument or notifiable instrument commences on the
day after the instrument is registered, or on another day provided
by the instrument. Generally, the instrument does not apply
retrospectively if that would adversely affect rights or impose
liabilities.
Generally, the same rules apply to the interpretation of legislative
instruments and notifiable instruments as apply to the interpretation
of Acts. Some special rules also apply to the construction of
instruments.
There are restrictions on the extent to which legislative instruments
or notifiable instruments can incorporate matters by reference to
external documents.
8 Definition of legislative instrument
(1) A legislative instrument is an instrument to which subsection (2),
(3), (4) or (5) applies.
Note: Instruments that can be legislative instruments may be described by
their enabling legislation in different ways, for example as regulations,
rules, ordinances or determinations.
Primary law provides for something to be done by legislative
instrument
(2) If a primary law gives power to do something by legislative
instrument, then:
(a) if the thing is done, it must be done by instrument; and
(b) that instrument is a legislative instrument.
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Section 8
Example 1: A primary law provides that “The Minister may, by legislative
instrument, determine licence conditions for the purposes of this
section.”.
Example 2: A primary law provides as follows:
“(1) The Chief Executive may, by instrument, determine licence conditions.
(2) The Chief Executive may, by instrument, exempt a person from the requirement under this Act to hold a licence.
(3) An instrument made by the Chief Executive under subsection (1) or (2) is a legislative instrument.”.
Instruments registered on the Federal Register of Legislation
(3) An instrument made under a power delegated by the Parliament is
a legislative instrument if it is registered as a legislative
instrument.
Note: An instrument made under a power delegated by the Parliament may
be a legislative instrument because it is registered as a legislative
instrument, whether or not it is a legislative instrument because of
another provision of this section.
Instruments that determine or alter the law etc.
(4) An instrument is a legislative instrument if:
(a) the instrument is made under a power delegated by the
Parliament; and
(b) any provision of the instrument:
(i) determines the law or alters the content of the law,
rather than determining particular cases or particular
circumstances in which the law, as set out in an Act or
another legislative instrument or provision, is to apply,
or is not to apply; and
(ii) 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.
Instruments declared to be legislative instruments
(5) An instrument is a legislative instrument if it is declared by
section 10 or 57A to be a legislative instrument.
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Section 9
Note: Section 10 declares regulations and some other instruments to be
legislative instruments. Section 57A declares some instruments to be
legislative instruments that were made under a power delegated by the
Parliament before 1 January 2005, when the substantive provisions of
this Act commenced.
Instruments that are not legislative instruments
(6) Despite subsections (4) and (5), an instrument is not a legislative
instrument if it is:
(a) declared by an Act not to be a legislative instrument; or
(b) prescribed by regulation for the purposes of this paragraph.
(7) However, subsection (6) does not apply to an instrument that is a
legislative instrument under subsection (3) by registration.
(8) Despite anything else in this section, the following are not
legislative instruments, and cannot become legislative instruments
under subsection (3) (by being registered as legislative
instruments):
(a) an instrument that is a notifiable instrument because of
subsection 11(1) (primary law gives power to do something
by notifiable instrument);
(b) a commencement instrument;
(c) a compilation of a legislative instrument or notifiable
instrument;
(d) rules of court or a compilation of rules of court;
(e) an explanatory statement for a legislative instrument, or rules
of court mentioned in paragraph (d).
Note: Rules of court may, however, be registered under this Act, and may be
otherwise treated as if they were legislative instruments by their
enabling legislation.
9 Inference of legislative character
No implication of legislative character (or otherwise)
(1) The fact that an instrument is a legislative instrument because of
subsection 8(2), (3) or (5) does not imply that the instrument is, or
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Section 10
must be, of legislative character (within the ordinary meaning of
that term).
(2) The fact that an instrument is not a legislative instrument because
of subsection 8(6) does not imply that the instrument is not, or
must not be, of legislative character (within the ordinary meaning
of that term).
No inference for other instruments
(3) In determining whether an instrument made under a provision of a
primary law is a legislative instrument under subsection 8(4), no
inference may be drawn from the fact that an instrument made
under another provision of that primary law, or any other primary
law, is a legislative instrument, or is not a legislative instrument.
Example: In determining whether a Ministerial direction under a provision of a
primary law is a legislative instrument, no inference may be drawn
from the fact that a Ministerial direction under another provision of
the primary law is described as a legislative instrument.
10 Instruments declared to be legislative instruments
(1) For the purposes of subsection 8(5), each of the following is a
legislative instrument:
(a) a regulation or Proclamation (other than a Proclamation that
is a commencement instrument) made under a power
delegated by the Parliament;
(b) a Territory Ordinance covered by subsection (2), or a
regulation, rule or by-law under such an Ordinance;
(c) an instrument prescribed by regulation for the purposes of
this paragraph;
(d) an instrument that includes a provision that amends or
repeals another legislative instrument.
Note: Commencement instruments, which may be Proclamations, are
notifiable instruments: see section 11.
(2) The following Territory Ordinances are covered by this subsection:
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(a) an Ordinance made under a power delegated by the
Parliament in an Act providing for the government of a
non-self-governing Territory;
(b) an Ordinance made under subsection 12(1) of the Seat of
Government (Administration) Act 1910 that has not become
an enactment (as defined in the Australian Capital Territory
(Self-Government) Act 1988).
11 Definition of notifiable instrument
What is a notifiable instrument?
(1) If a primary law gives power to do something by notifiable
instrument, then:
(a) if the thing is done, it must be done by instrument; and
(b) that instrument is a notifiable instrument.
Example 1: A primary law provides that “The Minister may, by notifiable
instrument, approve a form for the purposes of this section.”.
Example 2: A primary law provides as follows:
“(1) The Chief Executive may, by instrument, appoint an inspector for the purposes of section [X].
(2) The Chief Executive may, by instrument, approve a form for the purposes of section [Y].
(3) An instrument made by the Chief Executive under subsection (1) or (2) is a notifiable instrument.”.
(2) Each of the following is a notifiable instrument:
(a) a commencement instrument for an Act, legislative
instrument or notifiable instrument, or for a provision of an
Act or such an instrument;
(b) an instrument, other than a legislative instrument, prescribed
by regulation for the purposes of this paragraph;
(c) an instrument, other than a legislative instrument, that is
registered as a notifiable instrument, if the instrument is
made under a power delegated by the Parliament or another
power given by law;
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(d) an instrument, other than a legislative instrument, that
includes a provision that amends or repeals another notifiable
instrument.
Note: The effect of paragraph (c) is that an instrument (other than a
legislative instrument) may be a notifiable instrument because it is
registered as a notifiable instrument, even if it would not otherwise be
a notifiable instrument because of this section. For a corresponding
provision relating to legislative instruments, see subsection 8(3).
Modification of the operation of this Act
(3) The enabling legislation for a notifiable instrument, or a regulation
under this Act in relation to a notifiable instrument, may modify
the operation of this Act in relation to the instrument.
Example: Such a regulation may provide that a provision of this Act about
explanatory statements that is expressed to apply in relation to
legislative instruments is also to apply to a particular class of
notifiable instruments.
Registration to satisfy other publication or notification
requirements
(4) If an Act or an instrument requires an instrument (other than a
legislative instrument), or the particulars of the instrument’s
making, to be published or notified in the Gazette or in any other
way, then, unless the contrary intention appears, the requirement is
taken to be satisfied if the instrument is registered as a notifiable
instrument.
12 Commencement of legislative instruments and notifiable
instruments
When do legislative instruments and notifiable instruments
commence?
(1) A legislative instrument or a notifiable instrument commences:
(a) at the start of the day after the day the instrument is
registered; or
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(b) so far as the instrument provides otherwise—in accordance
with such provision.
Note: The instrument may provide for its commencement by enabling a commencement instrument to be made: see subsection (5).
Retrospective commencement
(1A) Despite any principle or rule of common law, a legislative
instrument or notifiable instrument may provide that the
instrument, or a provision of the instrument, commences before the
instrument is registered.
Note: The effect of this subsection is to allow legislative and notifiable
instruments to commence retrospectively (subject to subsection (2)).
This subsection is subject to a contrary provision (see subsection (4)).
Retrospective application
(2) However, if a legislative instrument or notifiable instrument, or a
provision of such an instrument, commences before the instrument
is registered, the instrument or provision does not apply in relation
to a person (other than the Commonwealth or an authority of the
Commonwealth) to the extent that as a result of that
commencement:
(a) the person’s rights as at the time the instrument is registered
would be affected so as to disadvantage the person; or
(b) liabilities would be imposed on the person in respect of
anything done or omitted to be done before the instrument is
registered.
Retrospective commencement or application subject to contrary
provision
(4) The effect of subsection (1A) or (2) in relation to an instrument is
subject to any contrary provision in an Act.
Commencement instruments
(5) Without limiting paragraph (1)(b), for the purposes of that
paragraph, a legislative instrument or notifiable instrument may
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authorise the making of a commencement instrument in relation to
the legislative instrument or notifiable instrument.
13 Construction of legislative instruments and notifiable
instruments
(1) If enabling legislation confers on a person the power to make a
legislative instrument or notifiable instrument, then, unless the
contrary intention appears:
(a) the Acts Interpretation Act 1901 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 legislation as in force from time
to time; and
(c) any instrument so made is to be read and construed subject to
the enabling legislation as in force from time to time, and so
as not to exceed the power of the person to make the
instrument.
(2) If the making of a legislative instrument or notifiable instrument
would, apart from this subsection, be construed as being in excess
of the power to make the instrument, 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 person the power to make a
legislative instrument or notifiable instrument:
(a) specifying, declaring or prescribing a matter; or
(b) doing anything in relation to a matter;
then, in exercising the power, the person may identify the matter
by referring to a class or classes of matters.
(4) For the purposes of subsection (3), matter includes thing, person
and animal.
(5) The amendment of a legislative instrument or notifiable instrument
by an Act does not prevent the instrument, as so amended, from
being amended or repealed by a person who is currently authorised
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under the enabling legislation for the instrument to make
instruments of the same kind.
Note: This section has a parallel, in relation to instruments other than
legislative instruments or notifiable instruments, in
subsection 33(3AB) and section 46 of the Acts Interpretation Act
1901.
14 Prescribing matters by reference to other instruments
(1) If enabling legislation authorises or requires provision to be made
in relation to any matter by a legislative instrument or notifiable
instrument, the instrument may, unless the contrary intention
appears, make provision in relation to that matter:
(a) by applying, adopting or incorporating, with or without
modification, any of the following, as in force at a particular
time or as in force from time to time:
(i) the provisions of an Act;
(ii) the provisions of a legislative instrument covered by
subsection (3);
(iii) the provisions of rules of court; or
(b) subject to subsection (2), by applying, adopting or
incorporating, with or without modification, any matter
contained in any other instrument or writing as in force or
existing at:
(i) the time the first-mentioned instrument commences; or
(ii) a time before the first-mentioned instrument commences
(whether or not the other instrument is still in force, or
the other writing still exists, at the time the
first-mentioned instrument commences).
(2) Unless the contrary intention appears, the legislative instrument or
notifiable instrument may not make provision in relation to a
matter by applying, adopting or incorporating any matter contained
in an instrument or other writing as in force or existing from time
to time.
(3) The following legislative instruments are covered by this
subsection:
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(a) disallowable legislative instruments;
(b) legislative instruments that were disallowable under the Acts
Interpretation Act 1901 or any other Act at any time before
1 January 2005.
Note: The substantive provisions of this Act commenced on 1 January 2005.
Forms
(4) If a legislative instrument or notifiable instrument provides for a
form to be used, this section does not apply in relation to the form.
Note: This section has a parallel, in relation to instruments that are not
legislative instruments, in section 46AA of the Acts Interpretation
Act 1901.
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Chapter 2—Registration of Acts, legislative
instruments and notifiable
instruments
Part 1—The Federal Register of Legislation
Division 1—Simplified outline of this Part
15 Simplified outline of this Part
The Federal Register of Legislation contains the following:
• Acts, legislative instruments and notifiable instruments as
made, and explanatory statements for legislative instruments;
• compilations of Acts, legislative instruments and notifiable
instruments;
• other relevant documents and information.
Rule-makers for legislative instruments and notifiable instruments
are responsible for lodging the instruments for registration
(together with explanatory statements for legislative instruments).
Legislative instruments are not enforceable unless registered.
Responsible persons for Acts, and rule-makers for legislative
instruments or notifiable instruments, must notify the First
Parliamentary Counsel of some events affecting the status of the
Acts or instruments.
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Division 2—Federal Register of Legislation
15A Federal Register of Legislation—establishment and
maintenance
(1) The First Parliamentary Counsel must establish and maintain a
register of Acts, legislative instruments and notifiable instruments,
to be known as the Federal Register of Legislation.
Note 1: The contents of the Federal Register of Legislation may be accessed
on the approved website (see section 15C).
Note 2: The Federal Register of Legislation in its initial form consists of the
following:
(a) the contents of the Federal Register of Legislative Instruments established under this Act, when this Act was known as the Legislative Instruments Act 2003;
(b) the contents of the Acts database under the Acts Publication Act 1905 (which was repealed when this section commenced);
(c) other legislative material published on the whole-of-government legislation website known as ComLaw.
(2) The Register must contain the following:
(a) Acts as made that are registered under this Part;
(b) legislative instruments and notifiable instruments as made
that are registered under this Part;
(c) compilations, registered under this Part, of Acts, legislative
instruments and notifiable instruments;
(d) explanatory statements, registered under this Part, for
legislative instruments;
(e) other documents registered under this Part.
(3) The Register may contain additional documents if the First
Parliamentary Counsel considers that the documents are likely to
be useful to users of the Register, including the following (without
limitation):
(a) Acts as made (other than Acts registered under this Part);
(b) instruments as made (other than legislative instruments or
notifiable instruments registered under this Part);
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(c) Gazette notices;
(d) compilations of Acts or instruments (other than compilations
registered under this Part);
(e) documents that may be considered under section 15AB of the
Acts Interpretation Act 1901 (and that section as applied by
section 13 of this Act) in working out the meaning of an Act,
legislative instrument or notifiable instrument, for example,
an explanatory memorandum for an Act.
(4) The First Parliamentary Counsel may include in the Register any
information that he or she considers likely to be useful to users of
the Register.
(5) Without limiting subsection (1), the First Parliamentary Counsel
may, subject to this Act and the rules, do anything he or she
considers necessary or desirable to ensure that the Register is
accurate and up-to-date, and contains material likely to be useful to
users of the Register.
15B Federal Register of Legislation—complete record of registered
laws
The Federal Register of Legislation is, for all purposes, taken to be
a complete and accurate record of all registered Acts, legislative
instruments and notifiable instruments.
Note: For authorised versions of Acts, legislative instruments, notifiable
instruments and compilations, and judicial notice of authorised
versions, see Part 3 of this Chapter.
15C Federal Register of Legislation—access to registered material
on approved website
The First Parliamentary Counsel must ensure that registered Acts,
legislative instruments, notifiable instruments and compilations,
and other registered documents, are available to the public on a
website (an approved website) prescribed by the rules.
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15D Federal Register of Legislation—rectification of Register
(1) If:
(a) the First Parliamentary Counsel becomes aware that the
Register contains an error; and
(b) the error is that:
(i) for an Act as assented to—the text of the Act as it
appears in the Register is not the same as the text of the
Act as assented to; or
(ii) for a legislative instrument or notifiable instrument as
made by the rule-maker—the text of the instrument as it
appears in the Register is not the same as the text of the
instrument as made by the rule-maker; or
(iii) for a compilation—the compilation as it appears in the
Register does not represent the state of the law that it
purports to represent; or
(iv) for any other document on the Register—the text of the
document as it appears in the Register is not the same as
the text of the original document;
the First Parliamentary Counsel must arrange for the error in the
Register to be rectified as soon as possible.
Note: A disallowable legislative instrument may be required to be re-tabled
in the Parliament as a result of the rectification (see section 15DA).
(2) The First Parliamentary Counsel must include in the Register a
statement that the rectification has been made, and a brief outline
of the rectification in general terms.
(3) The rectification:
(a) does not affect any right or privilege that was acquired, or
that accrued, because of reliance on the content of the
Register before the rectification was made; and
(b) does not impose or increase any obligation or liability that
was incurred before the rectification was made.
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Rectification does not affect time of registration
(4) To avoid doubt, the rectification of an error under subsection (1) in
relation to an instrument does not affect the time at which the
instrument is taken to have been registered.
Note: For example, subsection (1) does not affect the commencement of an
instrument that is expressed to commence on the day after registration.
15DA Requirement for re-tabling and new disallowance period after
rectification of Register
(1) This section applies if:
(a) the First Parliamentary Counsel rectifies an error in the
Register referred to in subparagraph 15D(1)(b)(ii); and
(b) the rectification results in a version (the originally tabled
version) of a disallowable legislative instrument that was
previously registered being replaced by another version (the
correct version) of the instrument; and
(c) at the time of the rectification, the originally tabled version of
the instrument has been laid before either or both Houses of
the Parliament under subsection 38(1).
Requirement for re-tabling
(2) The First Parliamentary Counsel must arrange for a copy of the
correct version of the instrument to be delivered to each House of
the Parliament to be laid before each House within 6 sitting days of
that House after the rectification.
Note: The re-tabling of the instrument does not affect any disallowance of
the instrument. In all other cases, the re-tabling of the instrument starts
a new disallowance period (see subsections (3) and (4)).
Application of new disallowance period
(3) The following applies (subject to subsection (4)) for the purposes
of this Act:
(a) the instrument is taken to have been delivered to, and laid
before, a House of the Parliament under subsection 38(1)
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when the instrument is delivered to, and laid before, that
House under subsection (2) of this section (except for the
purposes of subsection 39(2));
(b) the instrument becomes subject to disallowance under Part 2
of Chapter 3;
(c) section 46 applies as if the instrument had been registered at
the time of the rectification;
(d) if the disallowance period for the originally tabled version
has ended—any repeal of the instrument or a provision of the
instrument under section 48A or 48C is taken not to have
occurred;
(e) if:
(i) a notice of motion to disallow the instrument or a
provision of the instrument has been given in a House of
the Parliament; and
(ii) the notice has not been withdrawn; and
(iii) the motion has not been disposed of;
at the time the correct version of the instrument is laid before
a House as mentioned in subsection (2)—that notice of
motion is taken to have been given in that House on the
sitting day of that House after the correct version of the
instrument is laid before that House;
(f) if a provision of the instrument (but not the whole
instrument) has previously been disallowed—the laying
before a House of the Parliament as mentioned in
subsection (2) does not affect the previous disallowance of
the provision.
(4) Subsection (3) does not apply in relation to an instrument if, at the
time the instrument is delivered to a House of the Parliament under
subsection (2), the instrument has been disallowed.
Section does not affect time of registration
(5) To avoid doubt, the laying before a House of the Parliament of an
instrument as mentioned in subsection (2) does not affect the time
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at which the instrument is taken to have been registered (except as
provided by paragraph (3)(c)).
15E Federal Register of Legislation—keeping the Register
The rules may provide for, or in relation to, the following:
(a) keeping the Federal Register of Legislation;
(b) giving unique identifiers to registered Acts, legislative
instruments, notifiable instruments and compilations, and
other registered documents;
(c) numbering for series of legislative instruments, notifiable
instruments and other documents in the Register;
(d) including additional documents in the Register and removing
them from the Register;
(e) including information in the Register, changing it and
removing it from the Register.
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Division 3—Registration on Federal Register of Legislation
15F Registration of Acts
The First Parliamentary Counsel must register an Act as soon as
practicable after the Act is assented to.
15G Lodgement of legislative instruments and notifiable
instruments, and other material
Legislative instruments and notifiable instruments
(1) The rule-maker for a legislative instrument must lodge the
instrument for registration as a legislative instrument as soon as
practicable after the instrument is made.
(2) The rule-maker for a notifiable instrument must lodge the
instrument for registration as a notifiable instrument as soon as
practicable after the instrument is made.
(3) The rule-maker for an instrument made under a power delegated by
the Parliament, other than a legislative instrument or notifiable
instrument, may lodge the instrument for registration as a
legislative instrument or notifiable instrument.
Note: For instruments that become legislative instruments by registration,
see subsection 8(3). For instruments that become notifiable
instruments by registration, see paragraph 11(2)(c).
Explanatory statements for legislative instruments
(4) The rule-maker for an instrument that is lodged for registration as a
legislative instrument must:
(a) lodge an initial explanatory statement for the instrument for
registration as soon as practicable after the instrument is
lodged for registration; and
(b) lodge any supplementary explanatory statement or
replacement explanatory statement for the instrument for
registration as soon as practicable after it is prepared.
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Note: For explanatory statements and supplementary and replacement
explanatory statements, see section 15J.
Other documents
(5) The rule-maker for an instrument that is, or that is to be, registered
as a legislative instrument or notifiable instrument may lodge a
document that relates to the instrument for registration.
15H Registration of legislative instruments and notifiable
instruments, and other documents
(1) If an instrument is lodged for registration as a legislative
instrument or notifiable instrument in accordance with section 15G
and the rules, the First Parliamentary Counsel must register the
instrument:
(a) if the instrument is lodged for registration as a legislative
instrument—as a legislative instrument; or
(b) if the instrument is lodged for registration as a notifiable
instrument—as a notifiable instrument.
(2) If an instrument or document is lodged for registration otherwise
than as a legislative instrument or notifiable instrument, in
accordance with section 15G and the rules, the First Parliamentary
Counsel must register the instrument or document accordingly.
(3) However, the First Parliamentary Counsel must not register an
instrument or document if:
(a) for a document lodged for registration otherwise than as a
legislative instrument or notifiable instrument—the First
Parliamentary Counsel considers that:
(i) the document is not likely to be useful to users of the
Register; or
(ii) it would otherwise be inappropriate to register the
document; or
(b) before the instrument or document is registered, the person
lodging the instrument or document (or another person acting
on behalf of the responsible person for the instrument, or for
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the instrument to which the document relates) withdraws the
lodgement.
(4) If the First Parliamentary Counsel does not register an instrument
or document because of paragraph (3)(a), he or she must give
written notice to the person lodging the instrument or document.
15J Explanatory statements
Definition of explanatory statement
(1) An explanatory statement for a legislative instrument is one of the
following statements prepared for laying before each House of
Parliament:
(a) a statement (an initial explanatory statement) for the
instrument that complies with subsection (2);
(b) a statement (a replacement explanatory statement) for the
instrument that:
(i) replaces an explanatory statement for the instrument
that has already been registered; and
(ii) complies with subsection (2);
(c) a statement (a supplementary explanatory statement) for the
instrument that:
(i) amends an initial explanatory statement or a
replacement explanatory statement; and
(ii) complies with subsection (3).
Requirements for initial and replacement explanatory statements
(2) An initial explanatory statement, or a replacement explanatory
statement, for a legislative instrument must:
(a) be approved by the rule-maker; and
(b) explain the purpose and operation of the instrument; and
(c) if any documents are incorporated in the instrument by
reference—contain a description of the incorporated
documents and indicate how they may be obtained; and
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(d) if consultation was undertaken under section 17 before the
instrument was made—contain a description of the nature of
that consultation; and
(e) if no such consultation was undertaken—explain why no
such consultation was undertaken; and
(f) if the instrument is a disallowable legislative instrument—
contain a statement of compatibility prepared under
subsection 9(1) of the Human Rights (Parliamentary
Scrutiny) Act 2011; and
(g) contain such other information as is prescribed by regulation.
Requirements for supplementary explanatory statements
(3) A supplementary explanatory statement for a legislative instrument
must:
(a) be approved by the rule-maker; and
(b) contain such other information as is prescribed by regulation.
Single explanatory statements—one or more legislative instruments
(4) A single explanatory statement may relate to one or more
legislative instruments.
15K Registration—enforceability of legislative instruments
(1) A legislative instrument is not enforceable by or against any person
(including the Commonwealth) unless the instrument is registered
as a legislative instrument.
(2) A failure by the rule-maker to lodge an explanatory statement in
relation to a legislative instrument for registration as required by
subsection 15G(4) does not affect the validity or enforceability of
the instrument.
15L Events affecting the currency or accuracy of the Register
(1) The responsible person for a registered Act, legislative instrument
or notifiable instrument must give notice to the First Parliamentary
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Counsel of the occurrence of any of the following events in
relation to the Act or instrument:
(a) an event resulting in, or otherwise affecting, the
commencement of the Act or instrument (or a provision of
the Act or instrument);
(b) a discretionary compilation event for the Act or instrument;
(c) an event resulting in the Act or instrument (or a provision of
the Act or instrument) being repealed, lapsing, expiring or
otherwise ceasing to be in force;
(d) an event resulting in the Act or instrument, or a provision of
the Act or instrument, being (or being declared by a court or
tribunal to be) invalid or unenforceable;
(e) the responsible person’s becoming aware of:
(i) an error in the Register to which subsection 15D(1)
(Federal Register of Legislation—rectification of
Register) may apply; or
(ii) any other error in the Register;
(f) another event prescribed by the rules.
Example: If a registered legislative instrument is expressed to commence when a
particular treaty comes into force for Australia, paragraph (1)(a)
would require the responsible person for the instrument to notify the
First Parliamentary Counsel when the treaty comes into force.
(2) However, subsection (1) does not require the responsible person to
give notice to the First Parliamentary Counsel of any of the
following events in relation to a registered Act or instrument:
(a) the occurrence of a day or time specified in the Act or
instrument, or the making of a commencement instrument,
resulting in, or otherwise affecting, the commencement of the
Act or instrument (or a provision of the Act or instrument);
(b) a required compilation event for the Act or instrument;
(c) for a disallowable legislative instrument—the disallowance
of:
(i) the instrument (or a provision of the instrument); or
(ii) another legislative instrument (or a provision of another
legislative instrument) that amends the instrument;
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(d) for a legislative instrument or notifiable instrument—the
amendment or repeal of the instrument by:
(i) the operation of Part 3 of Chapter 3 (repeal of spent
instruments or provisions); or
(ii) the operation of Part 4 of Chapter 3 (sunsetting of
legislative instruments);
(e) another event prescribed by the rules.
15M Rules for lodgement and registration
The rules may provide for, or in relation to, any of the following:
(a) the lodgement of instruments and documents for registration,
including any or all of the following:
(i) the form in which instruments and documents must or
may be lodged;
(ii) any other matters affecting how instruments and
documents must or may be lodged;
(iii) the information that must or may be provided with
instruments and documents;
(iv) the certification of instruments and documents;
(v) other requirements to be satisfied for lodgement;
(b) the identification of instruments and documents lodged for
registration, including authorising the First Parliamentary
Counsel to do any or all of the following:
(i) adding a name to an unnamed instrument or document;
(ii) amending the name of an instrument or document;
(iii) adding anything to an instrument or document to assist
in its identification;
(iv) doing anything else in relation to an instrument or
document to assist users of the Register to identify or
refer to the instrument or document;
(c) the withdrawal of lodgement of instruments or documents;
(d) the registration of Acts, instruments and documents;
(e) the refusal of registration of instruments and documents;
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(f) alternative arrangements for the registration of Acts,
instruments and documents in the event of technical
difficulties;
(g) any other matter relating to the lodgement of instruments and
documents;
(h) any other matter relating to the registration of Acts,
instruments and documents.
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Section 15N
Part 2—Compilations
Division 1—Simplified outline of this Part
15N Simplified outline of this Part
A compilation shows the text of an Act, legislative instrument or
notifiable instrument as amended (if at all) and in force on the
compilation date stated in the Act or instrument.
The First Parliamentary Counsel must generally register a
compilation after a registered Act or instrument is amended, and in
some other circumstances.
A rule-maker for a legislative instrument or notifiable instrument
must lodge a compilation for registration if the instrument is
amended, or in some circumstances on notice from the First
Parliamentary Counsel.
The First Parliamentary Counsel may make editorial changes and
some other changes in preparing a compilation of a registered Act
or instrument, as long as they do not change the effect of the Act or
instrument.
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Division 2—Registration of compilations
15P Registered compilations—information requirements
(1) Without limiting the information that a registered compilation of
an Act, legislative instrument or notifiable instrument (the
principal law) may include, the registered compilation must
include the following information:
(a) the compilation date;
(b) if any editorial changes are made in preparing the
compilation—a statement that editorial changes have been
made and a brief outline of the changes in general terms;
(c) details (including commencement details) of any Act or
instrument that amends the principal law;
(d) the amendment history of provisions of the principal law;
(e) any further information prescribed by the rules.
(2) However, the information mentioned in any of paragraphs (1)(c) to
(e) does not need to be included in the compilation if:
(a) the First Parliamentary Counsel is satisfied that the
information mentioned in that paragraph is otherwise
appropriately available on an approved website to users of
the Federal Register of Legislation; and
(b) the compilation indicates in general terms how users of the
Register may access that information on the approved
website.
15Q Definitions of required compilation event and discretionary
compilation event etc.
Definitions
(1) A required compilation event occurs for an Act, legislative
instrument or notifiable instrument when:
(a) the Act or instrument is expressly amended (otherwise than
under section 48C or 48D); or
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(b) in the case of a disallowable legislative instrument:
(i) a provision of the instrument is disallowed under
section 42; or
(ii) a provision of another disallowable legislative
instrument has amended a provision of the instrument,
but the amending instrument, or the amending
provision, is disallowed under section 42; or
(c) a provision of the Act or instrument is repealed under another
Act or instrument (other than this Act), or because of the
making of another Act or instrument; or
(d) something else happens that is prescribed by the rules for the
purposes of this paragraph.
(2) A discretionary compilation event occurs for an Act, legislative
instrument or notifiable instrument when:
(a) a provision of the Act or instrument commences; or
(b) in the case of a legislative instrument or notifiable
instrument—the instrument is amended by section 48C or
48D; or
(c) the Act or instrument is modified; or
(d) the Act or instrument is impliedly amended; or
(e) a provision of the Act or instrument is repealed under another
provision of that Act or instrument; or
(f) if no compilation has been registered for the Act or
instrument—the text of the Act or instrument as registered
otherwise ceases to show the text of the Act or instrument as
in force; or
(g) if a compilation has been registered for the Act or
instrument—the text of the latest registered compilation
otherwise ceases to show the text of the Act or instrument as
amended (if at all) and in force; or
(h) something else happens that is prescribed by the rules for the
purposes of this paragraph.
Note: Sections 48C and 48D provide for the automatic repeal of amending,
repealing and commencement provisions of legislative instruments
and notifiable instruments.
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When an Act or instrument is amended
(3) For the purposes of this Division, an Act or instrument is (subject
to subsection (4)) amended by an Act or instrument, or a provision
of an Act or instrument, when the amending Act or provision
commences.
(4) Despite any other provision of this Act, a compilation of an Act or
instrument is not required to be prepared or lodged for registration
to take account of a retrospective commencement of an amendment
of the Act or instrument. However, such a compilation of an Act or
instrument may be prepared and lodged for registration.
15R Lodgement of compilations of instruments—required
compilation events
Compilation required to be prepared and lodged
(1) If a required compilation event occurs for a legislative instrument
or notifiable instrument, the rule-maker must prepare and lodge for
registration a compilation of the instrument for registration.
Compilation date
(2) The compilation date for the compilation must be the date of the
required compilation event.
Time for lodgement
(3) The rule-maker must lodge for registration the compilation
required by subsection (1) within 28 days after the event occurs, or
a longer period allowed by the First Parliamentary Counsel.
Exceptions
(4) This section does not apply to legislative instruments or notifiable
instruments, or in circumstances, prescribed by rules made for the
purposes of this subsection.
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Example: A circumstance prescribed by the rules may be if the First
Parliamentary Counsel prepares and registers a compilation of a
legislative instrument or notifiable instrument.
15S Lodgement of compilations of instruments—discretionary
compilation events
Compilation required to be prepared and lodged if notice given
(1) If a discretionary compilation event occurs for a legislative
instrument or notifiable instrument, the First Parliamentary
Counsel may, by written notice given to the rule-maker, require the
rule-maker, within a period stated in the notice, to prepare and
lodge for registration a compilation of the instrument for
registration.
Compilation date
(2) The compilation date for the compilation must be the date of the
discretionary compilation event.
Time for lodgement
(3) If a notice is given under subsection (1) to a rule-maker for an
instrument, the rule-maker must lodge for registration a
compilation of the instrument within the period stated in the notice,
or a longer period allowed by the First Parliamentary Counsel.
15T Registration of compilations
Required compilation events for Acts
(1) If a required compilation event occurs for an Act, the First
Parliamentary Counsel must prepare and register a compilation of
the Act as soon as practicable afterwards.
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Required compilation events for instruments
(2) If a required compilation event occurs for a legislative instrument
or notifiable instrument, the First Parliamentary Counsel must
register a compilation of the instrument:
(a) if a compilation is lodged for registration within 28 days after
the event, or within a longer period allowed by the First
Parliamentary Counsel—as soon as practicable after
lodgement; or
(b) if a compilation is not lodged for registration within that
period—as soon as practicable after the end of the period.
(3) However, if a required compilation event occurs for a legislative
instrument or notifiable instrument, and section 15R does not apply
because of subsection 15R(4), the First Parliamentary Counsel
must prepare and register a compilation of the instrument as soon
as practicable afterwards.
Discretionary compilation events for Acts and instruments
(4) If a discretionary compilation event occurs for an Act or a
legislative instrument or notifiable instrument, the First
Parliamentary Counsel may prepare and register a compilation of
the Act or instrument.
(5) If a discretionary compilation event occurs for a legislative
instrument or notifiable instrument, and the First Parliamentary
Counsel gives the rule-maker for the instrument a notice under
section 15S, the First Parliamentary Counsel must register a
compilation of the instrument:
(a) if a compilation is lodged for registration within the period
stated in the notice, or within a longer period allowed by the
First Parliamentary Counsel—as soon as practicable after
lodgement; or
(b) if a compilation is not lodged for registration within that
period—as soon as practicable after the end of the period.
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No required or discretionary compilation event for Act or
instrument
(6) The First Parliamentary Counsel may prepare and register a
compilation of an Act, legislative instrument or notifiable
instrument even if neither a required compilation event nor a
discretionary compilation event has occurred for the Act or
instrument.
Repeal and disallowance of Act or instrument
(7) The First Parliamentary Counsel must ensure that a registered
compilation of an Act, legislative instrument or notifiable
instrument is no longer shown on the Register as a compilation
currently in force as soon as practicable after:
(a) the Act or instrument is repealed; or
(b) for a disallowable legislative instrument—the instrument is
disallowed under section 42.
15U Compilations—rules
The rules may provide for, or in relation to, any of the following in
relation to compilations of Acts, legislative instruments or
notifiable instruments:
(a) the format, layout and printing style required for
compilations, and any other presentational aspects of
compilations;
(b) the extent and form of the information mentioned in
subsection 15P(1) or (2) that is required to be included in
compilations, or made available on an approved website;
(c) any other matter relating to the preparation of compilations;
(d) the lodgement of compilations of instruments for registration,
including any of the following:
(i) the form in which compilations must or may be lodged;
(ii) how compilations must or may be lodged;
(iii) the information that must or may be provided with or
for compilations;
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(iv) the certification of compilations;
(v) other requirements to be satisfied for compilations;
(e) the withdrawal of lodgement of compilations of instruments;
(f) the registration of compilations of Acts and instruments;
(g) the refusal of registration of compilations of instruments;
(h) alternative arrangements for the registration of compilations
of Acts, and for the lodgement and registration of
compilations of instruments, in the event of technical
difficulties;
(i) any other matter relating to the lodgement or registration of
compilations of Acts or instruments.
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Section 15V
Division 3—Editorial changes and other changes
15V Power to make editorial changes and other changes
Editorial changes
(1) In preparing a compilation of an Act, legislative instrument or
notifiable instrument for registration (including a compilation that
has been lodged for registration), the First Parliamentary Counsel
may make editorial changes to any text that is part of the Act or
instrument.
Note 1: For what is an editorial change, see section 15X.
Note 2: For what text forms part of the Act or instrument, see section 13 of the
Acts Interpretation Act 1901 (which applies in relation to instruments
under section 13 of this Act).
(2) The First Parliamentary Counsel may make an editorial change to
an Act or instrument under subsection (1) only if he or she
considers the change to be desirable to:
(a) bring the Act or instrument into line, or more closely into
line, with legislative drafting practice being used by the
Office of Parliamentary Counsel; or
(b) correct an error, or ensure that a misdescribed amendment of
the Act or instrument is given effect to as intended.
Presentational changes
(3) In preparing a compilation of an Act, legislative instrument or
notifiable instrument for registration (including a compilation that
has been lodged for registration), the First Parliamentary Counsel
may make changes to the Act or instrument that affect the format,
layout or printing style of the Act or instrument, or any other
presentational aspect of the Act or instrument.
(4) The First Parliamentary Counsel may make a change to an Act or
instrument under subsection (3) only if he or she considers the
change to be desirable to bring the Act or instrument into line, or
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more closely into line, with legislative drafting practice being used
by the Office of Parliamentary Counsel.
Text not part of an Act or instrument
(5) In preparing a compilation of an Act, legislative instrument or
notifiable instrument (including a compilation that has been lodged
for registration), the First Parliamentary Counsel may include, omit
or change any text that is not part of the Act or instrument,
including (without limitation) any of the following:
(a) a table of contents or other provision that only describes the
arrangement of the Act or instrument (or provisions of the
Act or instrument) into groups of provisions;
(b) a reader’s guide, simplified outline or similar text that only
describes the nature or effect of the Act or instrument;
(c) text, known as alternative text (or “alt text”), that does not
form part of the Act or instrument because of
subsection 13(3) of the Acts Interpretation Act 1901
(including that subsection as applied by section 13 of this
Act);
(d) for an instrument—instrument-making words.
Note: For paragraph (c), alternative text may, for example, aurally indicate
the effect of a graphic image in an Act or instrument to assist users of
an approved website who have visual disabilities.
No change of effect
(6) The First Parliamentary Counsel must not make a change to an Act
or instrument under this section that would change the effect of the
Act or instrument.
(7) Subsection (6) does not prevent the First Parliamentary Counsel
making a change to an Act or instrument mentioned in
paragraph (2)(m) of the definition of editorial change in
subsection 15X(2), or any editorial change consequential on such a
change, as mentioned in paragraph (2)(q) of that definition.
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Note: Such a change consists of the incorporation into an Act or instrument
of an application, savings, transitional, validation or similar provision
that is contained in an amending Act or instrument.
15W Editorial changes treated in the same way as amendments
If the First Parliamentary Counsel makes an editorial change to an
Act or instrument under section 15V in preparing a compilation,
then, after the registration of the compilation:
(a) the Act or instrument has effect for all purposes as if the
change had been made by an amendment of the Act or
instrument that commenced on the day the compilation was
registered; and
(b) the Act or instrument may be further amended as if the
change had been made by an amendment of the Act or
instrument.
15X Definition of editorial change
(1) This section describes the kinds of editorial changes that the First
Parliamentary Counsel may make to an Act, legislative instrument
or notifiable instrument under section 15V in preparing a
compilation of the Act or instrument.
Note: An editorial change cannot be made to an Act, legislative instrument
or notifiable instrument if it would change the effect of the Act or
instrument (see subsection 15V(6)).
(2) An editorial change to an Act, legislative instrument or notifiable
instrument is a change made by the First Parliamentary Counsel
that:
(a) goes only to a matter of spelling, punctuation, grammar or
syntax, or the use of conjunctives and disjunctives; or
(b) updates a reference to:
(i) a law covered by subsection (3) (or a provision of such
a law); or
(ii) a person, body or other entity, or an office, position,
place, document or thing; or
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(c) changes the short title of an Act or the name of an
instrument, or the name of the types of provision in an
instrument; or
(d) numbers or renumbers a provision of the Act or instrument;
or
(e) changes the order of definitions or other provisions of the Act
or instrument; or
(f) replaces a reference to a provision of a law covered by
subsection (3) with a different form of reference to the
provision; or
(g) changes the way of referring to or expressing a number, year,
date, time, amount of money or other amount, penalty,
quantity, measurement or other matter, idea or concept; or
Example:A reference in a form to “this [blank] day of [blank] 19…” may be changed to “[Date]”.
(h) changes language that indicates gender or that could be taken
to indicate gender; or
(i) omits or changes a table of contents or other provision that
only describes the arrangement of the Act or instrument (or
provisions of the Act or instrument) into groups of
provisions; or
(j) omits or changes a reader’s guide, simplified outline or other
text that only describes the nature or effect of the Act or
instrument; or
(k) omits a provision, or a reference to a law covered by
subsection (3) (or a provision of such a law) that has expired,
the operation of which is exhausted or spent, or that is
otherwise obsolete or redundant; or
(l) omits, inserts or changes a term that identifies a provision of
the Act or instrument as a provision, or part of a provision, of
the Act or instrument; or
Examples: The following are examples of references to provisions:
(a) of these regulations;
(b) of this regulation;
(c) of this section;
(d) hereof;
(e) said.
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(m) incorporates into the Act or instrument (the principal law) an
application, savings, transitional, validation or similar
provision that is contained in another Act or instrument that
amends the principal law; or
(n) shows the effect of any amendment of the Act or instrument,
or is consequential on any such amendment; or
Example: The heading to a section may be changed to reflect the effect of an amendment of the section.
(o) if an amendment of the Act or instrument is misdescribed by
an amending Act or instrument—gives effect to the
misdescribed amendment as intended; or
(p) corrects an error covered by subsection (4); or
(q) is consequential on any other editorial change made to the
Act or instrument or to another Act or instrument.
(3) This subsection covers the following laws:
(a) an Act;
(b) an instrument made under an Act or another power given by
law;
(c) an Act of a State, a Territory or New Zealand, or an
instrument made under such an Act.
(4) This subsection covers the following errors:
(a) typographical and clerical errors;
(b) grammatical and spelling errors, and errors of punctuation;
(c) errors in numbering, cross-referencing and alphabetical
ordering;
(d) errors in references to laws or instruments, or provisions of
such laws, covered by subsection (3);
(e) errors in or arising out of an amendment of an Act or
instrument, including errors relating to the number of times
such an amendment is expressed to be made;
(f) any other errors of a nature similar to those mentioned in
paragraphs (a) to (e).
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Division 1 Introduction
Section 15Y
Part 3—Authorised versions and judicial notice
Division 1—Introduction
15Y Simplified outline of this Part
Authorised versions of registered Acts, legislative instruments,
notifiable instruments, explanatory statements for legislative
instruments and compilations may be sourced from the approved
website. Judicial notice may be taken of authorised versions and
related matters.
15Z Scope of this Part
This Part applies in relation to each of the following documents (a
registered law or explanatory statement) and, in the same way, to
a provision or part of each document:
(a) a registered Act;
(b) a registered legislative instrument or notifiable instrument;
(c) a registered explanatory statement for a legislative
instrument;
(d) a registered compilation of an Act, legislative instrument or
notifiable instrument.
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Division 2—Authorised versions and judicial notice
15ZA Authorised versions
Authorised electronic versions
(1) An electronic copy of a registered law or explanatory statement is
an authorised version of the registered law or explanatory
statement if:
(a) the electronic copy is accessed at, or downloaded from, an
approved website in a format prescribed by the rules; and
(b) either:
(i) the website indicates, in a way prescribed by the rules,
that such a copy is an authorised version; or
(ii) the electronic copy indicates, in a way prescribed by the
rules, that it is an authorised version.
Example: For paragraph (a), a locked pdf file may be a format prescribed by the
rules.
(2) An electronic copy of a registered law or explanatory statement is
an authorised version of the registered law or explanatory
statement if:
(a) it is in a format prescribed by the rules; and
(b) the electronic copy indicates, in a way prescribed by the
rules, that it is an authorised version.
Example: For paragraph (a), a locked pdf file may be a format prescribed by the
rules.
Authorised printed versions
(3) A printed copy of a registered law or explanatory statement is an
authorised version of the registered law or explanatory statement
if the copy indicates, in a way prescribed by the rules, that it is an
authorised version.
(4) A printed copy of a registered law or explanatory statement is an
authorised version of the registered law or explanatory statement
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if the copy is produced directly from another version of the
registered law or explanatory statement that is an authorised
version under subsection (1), (2) or (3), or this subsection.
Presumptions about an approved website and registered laws or
explanatory statements
(5) It is presumed, unless the contrary is proved, that:
(a) a website purporting to be an approved website is an
approved website; and
(b) if accessed at a website mentioned in paragraph (a), an Act, a
legislative instrument, a notifiable instrument, an explanatory
statement for a legislative instrument or a compilation of an
Act or a legislative instrument or notifiable instrument is
registered; and
(c) an electronic copy of a registered law or explanatory
statement accessed at, or downloaded from, an approved
website is an authorised version under subsection (1), if:
(i) the website indicates (in any way) that such a copy is an
authorised version; or
(ii) the copy indicates (in any way) that the copy is an
authorised version; and
(d) an electronic copy of a registered law or explanatory
statement is an authorised version under subsection (2) if the
copy indicates (in any way) that it is an authorised version;
and
(e) a printed copy of a registered law or explanatory statement is
an authorised version under subsection (3) or (4) if the copy
indicates (in any way) that it is an authorised version; and
(f) an authorised version of a registered Act, legislative
instrument or notifiable instrument, as made, correctly shows
the text of the Act or instrument as made; and
(g) an authorised version of a registered explanatory statement
for a legislative instrument correctly shows the text of the
statement as approved by the rule-maker (under
subsection 15J(2) or (3)); and
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(h) subject to subsection 15Q(4), an authorised version of a
registered compilation of an Act, legislative instrument or
notifiable instrument correctly shows the text of the Act or
instrument as amended (if at all) and in force on the
compilation date.
Forms of indication
(6) A way of indicating that is prescribed by rules made for the
purposes of subsection (1), (2) or (3), or an indication mentioned in
paragraph (5)(c), (d) or (e), may include an indication consisting of
any text, including one or more of the following:
(a) a logo;
(b) a form of words;
(c) a unique identifier, for a registered law or explanatory
statement, prescribed by the rules.
15ZB Judicial notice
(1) In proceedings in a court or tribunal, proof is not required about
any of the following:
(a) the assent, and the day of assent, of an Act;
(b) the making, and the day of making, of a registered legislative
instrument or notifiable instrument;
(c) the text of a registered law or explanatory statement;
(d) the registration, and day of registration, of a registered law or
explanatory statement;
(e) the commencement of a registered Act, legislative instrument
or notifiable instrument, or any provision of a registered Act,
legislative instrument or notifiable instrument;
(f) editorial changes made to an Act, legislative instrument or
notifiable instrument in preparing a registered compilation of
the Act or instrument;
(g) the text and compilation date of a registered compilation of
an Act, legislative instrument or notifiable instrument;
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Section 15ZB
(h) whether a copy of a registered law or explanatory statement
is an authorised version of the registered law or explanatory
statement.
(2) A court or tribunal may inform itself of anything mentioned in
subsection (1) in any way it considers appropriate.
(3) However, the court or tribunal must consider whether the source it
intends to use appears to be a reliable source of information.
(4) For the purposes of subsection (3), an authorised version of a
registered law or explanatory statement is, subject to
subsection 15Q(4), a reliable source of information.
(5) This section does not limit any other law providing how a court or
tribunal may be informed about a matter mentioned in
subsection (1).
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Legislative instruments and notifiable instruments Chapter 3
Drafting standards and consultation Part 1
Section 15ZC
Chapter 3—Legislative instruments and
notifiable instruments
Part 1—Drafting standards and consultation
15ZC Simplified outline of this Part
The First Parliamentary Counsel is responsible for promoting the
legal effectiveness, clarity and intelligibility of legislative
instruments and notifiable instruments.
Before a legislative instrument is made, the rule-maker must be
satisfied that any consultation that is appropriate and reasonably
practicable has taken place.
16 Measures to achieve high drafting standards for legislative
instruments and notifiable instruments
(1) To encourage high standards in the drafting of legislative
instruments and notifiable instruments, the First Parliamentary
Counsel must cause steps to be taken to promote the legal
effectiveness, clarity, and intelligibility to anticipated users, of
legislative instruments and notifiable instruments.
(2) The steps referred to in subsection (1) may include, but are not
limited to:
(a) undertaking or supervising the drafting of legislative
instruments and notifiable instruments; and
(b) scrutinising preliminary drafts of legislative instruments and
notifiable instruments; and
(c) providing advice concerning the drafting of legislative
instruments and notifiable instruments; and
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(d) providing training in drafting and matters related to drafting
to officers and employees of Departments or other agencies;
and
(e) arranging the temporary secondment to Departments or other
agencies of APS employees performing duties in the Office
of Parliamentary Counsel; and
(f) providing drafting precedents to officers and employees of
Departments or other agencies.
(3) The First Parliamentary Counsel must also cause steps to be taken:
(a) to prevent the use of gender-specific language in legislative
instruments and notifiable instruments in circumstances
where it is not necessary to identify persons by their sex; and
(b) to advise rule-makers for registered legislative instruments or
notifiable instruments if those instruments use
gender-specific language in those circumstances; and
(c) to notify both Houses of the Parliament about any occasion
when a rule-maker is advised under paragraph (b).
17 Rule-makers should consult before making legislative
instruments
(1) Before a legislative instrument is made, the rule-maker must be
satisfied that there has been undertaken any consultation that is:
(a) considered by the rule-maker to be appropriate; and
(b) reasonably practicable to undertake.
(2) In determining whether any consultation that was undertaken is
appropriate, the rule-maker may have regard to any relevant
matter, including the extent to which the consultation:
(a) drew on the knowledge of persons having expertise in fields
relevant to the proposed instrument; and
(b) ensured that persons likely to be affected by the proposed
instrument had an adequate opportunity to comment on its
proposed content.
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Section 19
(3) Without limiting, by implication, the form that consultation
referred to in subsection (1) might take, such consultation could
involve notification, either directly or by advertisement, of bodies
that, or of organisations representative of persons who, are likely to
be affected by the proposed instrument. Such notification could
invite submissions to be made by a specified date or might invite
participation in public hearings to be held concerning the proposed
instrument.
Note: Under subsection 15J(2), an explanatory statement relating to a
legislative instrument must include a description of consultation
undertaken or, if there was no consultation, an explanation for its
absence.
19 Consequence of failure to consult
The fact that consultation does not occur does not affect the
validity or enforceability of a legislative instrument.
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Part 2 Parliamentary scrutiny of legislative instruments
Section 36
Part 2—Parliamentary scrutiny of legislative
instruments
36 Simplified outline of this Part
The Office of Parliamentary Counsel must generally deliver a
legislative instrument for laying before each House of the
Parliament within 6 sitting days of that House after the instrument
is registered (with the instrument’s registered explanatory
statement, if applicable).
A legislative instrument (or a provision) may be disallowed by
either House within a certain time after the instrument is tabled. A
legislative instrument is taken to be repealed if it is disallowed.
Some legislative instruments are required to be tabled in
Parliament, but are not subject to disallowance.
37 The purpose of the Part
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, or
provisions of such instruments, may be disallowed, as well as the
consequences of such disallowance.
Note: Some legislative instruments are not disallowable (see section 44).
38 Tabling of legislative instruments
(1) The Office of Parliamentary Counsel must arrange for a copy of
each registered legislative instrument to be delivered to each House
of the Parliament to be laid before each House within 6 sitting days
of that House after the registration of the instrument.
(3) If a copy of a legislative instrument is not laid before each House
of the Parliament in accordance with this section, the legislative
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instrument is repealed immediately after the last day for it to be so
laid.
39 Tabling of explanatory statements
(1) If an explanatory statement for a legislative instrument is
registered, the Office of Parliamentary Counsel must arrange for a
copy of the explanatory statement to be delivered to each House of
the Parliament, to be laid before each House.
(2) The delivery to each House of the Parliament must be arranged:
(a) in the case of an initial explanatory statement:
(i) if practicable, at the same time as a copy of the
instrument is delivered to that House under section 38;
or
(ii) in any other case—within 6 sitting days of that House
after registration of the explanatory statement; or
(b) in the case of a supplementary explanatory statement or
replacement explanatory statement—within 6 sitting days of
that House after registration of the explanatory statement.
(3) If the initial explanatory statement for a legislative instrument is
lodged by the rule-maker for registration too late for it to be
delivered to a House of the Parliament at the same time as a copy
of the instrument, the rule-maker must, as soon as possible, deliver
to that House a written statement explaining the lateness of
lodgement.
(4) If a replacement explanatory statement replacing an initial
explanatory statement is registered before the initial explanatory
statement is delivered to each House of the Parliament under
subsection (1):
(a) this section stops applying to the initial explanatory
statement; and
(b) this section applies to the replacement explanatory statement
as if it were the initial explanatory statement.
Note: For initial explanatory statements and supplementary and replacement
explanatory statements, see section 15J.
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Section 40
40 Regulations may specify manner of delivery of certain documents
The regulations may specify the manner, which may include
delivery by an electronic means, by which documents required to
be laid before a House of the Parliament in accordance with
section 38 or 39 may be delivered to that House for that purpose.
41 Incorporated material may be required to be made available
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.
42 Disallowance of legislative instruments
(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 beginning
on the first sitting day after a copy of the instrument was laid
before that House; and
(b) within 15 sitting days of that House beginning on the first
sitting day 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 is repealed immediately
after the passing of that resolution.
(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 beginning
on the first sitting day after a copy of the instrument was laid
before that House; and
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(b) at the end of 15 sitting days of that House beginning on the
first sitting day after the giving of that notice of motion:
(i) the notice has not been withdrawn and the motion has
not been called on; or
(ii) the motion has been called on, moved and (where
relevant) seconded and has not been withdrawn or
otherwise disposed of;
the instrument or provision specified in the motion is then taken to
have been disallowed and is repealed at that time.
(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 beginning
on the first sitting day after a copy of the instrument was laid
before that House; and
(b) before the end of 15 sitting days of that House beginning on
the first sitting day 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 and the motion has
not been called on; or
(ii) the motion has been called on, moved and (where
relevant) 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.
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Section 44
44 Legislative instruments that are not subject to disallowance
(1) Section 42 does not apply in relation to a legislative instrument, or
a provision of a legislative instrument if the enabling legislation for
the instrument (not being the Corporations Act 2001):
(a) facilitates the establishment or operation of an
intergovernmental body or scheme involving the
Commonwealth and one or more States or Territories; and
(b) authorises the instrument to be made by the body or for the
purposes of the body or scheme;
unless the instrument is a regulation, or the enabling legislation or
some other Act has the effect that the instrument is disallowable.
(2) Section 42 does not apply in relation to a legislative instrument, or
a provision of a legislative instrument, if:
(a) an Act declares, or has the effect, that section 42 does not
apply in relation to the instrument or provision; or
(b) the legislative instrument is prescribed by regulation for the
purposes of this paragraph.
(3) Prescribing a kind of instrument by regulation for the purposes of
paragraph (2)(b) does not imply that every instrument of that kind
is a legislative instrument.
45 Reviving a legislative instrument, law or provision
(2) If:
(a) a legislative instrument (the repealing instrument) or a
provision (the repealing provision) of a legislative
instrument is repealed by subsection 38(3) or 42(1) or (2) at a
particular time (the repeal time); and
(b) the repealing instrument or repealing provision wholly or
partly repealed another legislative instrument or law, or a
provision of another legislative instrument or law, that was in
force immediately before the repealing instrument or
repealing provision commenced;
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the instrument, law or provision repealed by the repealing
instrument or repealing provision revives from the repeal time as if
the repealing instrument or repealing provision had not been made.
(3) Subsection (2) does not have the effect of reviving a legislative
instrument, law or provision if, before the date when it would have
been revived, Part 4 (sunsetting of legislative instruments) would
have repealed it had it not already been repealed by the repealing
instrument or the repealing provision.
46 Legislative instruments not to be remade while required to be
tabled
(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 38(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 38(1)
could have been complied with.
(3) An instrument made in contravention of this section has no effect.
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47 Legislative instruments not to be remade while subject to
disallowance
(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 of that House beginning on
the first sitting day after the instrument was 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 42(2); or
(c) the motion has been withdrawn or otherwise disposed of; or
(d) subsection 42(3) has applied in relation to the instrument.
(2) If:
(a) because of subsection 42(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 of that House beginning on the first sitting day
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 42(2); or
(e) the motion has been withdrawn or otherwise disposed of; or
(f) subsection 42(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.
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(4) This section does not limit the operation of section 46 or 48.
48 Remaking disallowed legislative instruments
(1) A legislative instrument or a provision of a legislative instrument
(the later instrument or provision) that is the same in substance as
a legislative instrument or a provision of a legislative instrument
(the disallowed instrument or provision) that has been disallowed
(or is taken to have been disallowed) under subsection 42(1) or (2)
must not be made within 6 months after the day of disallowance.
(2) However, the later instrument or provision may be made within
that time if the relevant House of the Parliament approves, by
resolution, the making of a legislative instrument or provision the
same in substance as the disallowed instrument or provision.
(3) For the purposes of subsection (2), the relevant House of
Parliament is the House of Parliament in which notice was given
of the motion to disallow the disallowed instrument or provision.
(4) A legislative instrument or provision made in contravention of this
section has no effect.
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Part 3 Repeal of spent legislative instruments, notifiable instruments and provisions
Division 1A Simplified outline of this Part
Section 48AA
Part 3—Repeal of spent legislative instruments,
notifiable instruments and provisions
Division 1A—Simplified outline of this Part
48AA Simplified outline of this Part
A legislative instrument or notifiable instrument (or provision) that
only repeals or amends another instrument, or provides for its
commencement, is itself automatically repealed.
Regulations made under this Act may repeal a legislative
instrument or notifiable instrument (or provision) if the
Attorney-General is satisfied that the instrument (or provision) to
be repealed is spent or is no longer required.
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Section 48A
Division 1—Automatic repeal
Subdivision A—Repeal of amending and repealing instruments
48A Automatic repeal of amending and repealing instruments
(1) Subject to subsection (2), this section repeals a legislative
instrument or notifiable instrument whose only legal effect is to
amend or repeal one or more other legislative instruments or
notifiable instruments, without making any application, saving or
transitional provisions relating to the amendment or repeal.
(1A) For the purposes of subsection (1), a legislative instrument or
notifiable instrument is not taken to make an application, saving or
transitional provision mentioned in that subsection merely because
the instrument amends another such instrument to make an
application, saving or transitional provision relating to the
amendment or repeal.
Time of repeal
(2) The repeal of the instrument by this section happens on the day
after the latest of the following events occurs, unless the instrument
has been repealed earlier by subsection 38(3) or 42(1) or (2):
(aa) for a disallowable legislative instrument—the end of the last
day on which the instrument or a provision of the instrument
may be disallowed in a House of the Parliament;
(a) for any legislative instrument or notifiable instrument—
whichever of the following is applicable:
(i) the commencement of the instrument, or of the last of
its provisions to commence;
(ii) if the last of its provisions that have not commenced are
repealed, or cannot commence because of the
occurrence of an event—that repeal, or the occurrence
of that event;
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Division 1 Automatic repeal
Section 48B
(b) for a legislative instrument to which section 42 does not
apply or for a notifiable instrument—the registration of the
instrument.
Effect of repeal
(3) The repeal of the instrument by this section does not affect any
amendment or repeal made by the instrument. This does not limit
the effect of section 7 of the Acts Interpretation Act 1901 as it
applies in relation to the repeal of the instrument by this section
because of section 13 of this Act.
Subdivision B—Repeal of commencement instruments
48B Automatic repeal of commencement instruments
(1) This section repeals a commencement instrument that provides for
the commencement of one of the following (a primary law) or a
provision (a primary provision) of one of the following:
(a) an Act;
(b) a legislative instrument or notifiable instrument.
Time of repeal
(2) The repeal of the commencement instrument by this section
happens on the day after the later of the following events occurs:
(a) whichever of the following is applicable:
(i) the commencement (or the last commencement) the
commencement instrument provides for;
(ii) if the commencement instrument provides for the
commencement of a primary law, and the last of the
provisions of the primary law that have not commenced
are repealed—that repeal;
(iii) if the commencement instrument provides for the
commencement of a primary law, and the primary law
(or the last of the provisions of the primary law) cannot
commence because of the occurrence of an event—the
occurrence of that event;
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Section 48C
(iv) if the commencement instrument provides for the
commencement of a primary provision or primary
provisions, and the primary provision (or the last of
those primary provisions) is repealed, or cannot
commence because of the occurrence of an event—that
repeal, or the occurrence of that event;
(b) the registration of the commencement instrument.
Effect of repeal
(3) The repeal of the instrument by this section does not affect any
commencement the instrument provides for. This does not limit the
effect of section 7 of the Acts Interpretation Act 1901 as it applies
in relation to the repeal of the instrument by this section because of
section 13 of this Act.
Subdivision C—Repeal of amending or repealing provisions of
instruments containing other matter
48C Automatic repeal of amending and repealing provisions
(1) Subject to subsection (2), this section repeals a provision of a
legislative instrument or notifiable instrument if:
(a) the instrument is not an instrument described in
subsection 48A(1); and
(b) the only legal effect of the provision (alone or in conjunction
with other provisions of the instrument) is:
(i) to amend or repeal one or more other legislative
instruments or notifiable instruments; or
(ii) to amend the instrument containing the provision.
Time of repeal
(2) The repeal of the provision by this section happens immediately
after the latest of the following events occurs, unless the provision
has been repealed earlier by subsection 38(3) or 42(1) or (2):
(aa) if the provision is in a disallowable legislative instrument—
the end of the last day on which the instrument or a provision
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Section 48C
of the instrument may be disallowed in a House of the
Parliament;
(a) if the provision is in any legislative instrument or notifiable
instrument—whichever of the following is applicable:
(i) the commencement of the provision;
(ii) if the provision cannot commence because of the
occurrence of an event—the occurrence of that event;
(b) if the provision is in a legislative instrument to which
section 42 does not apply or is in a notifiable instrument—the
registration of the legislative instrument or notifiable
instrument.
Effect of repeal
(3) The repeal of the provision by this section does not affect any
amendment or repeal made by the provision. This does not limit
the effect of section 7 of the Acts Interpretation Act 1901 as it
applies in relation to the repeal of the provision by this section
because of section 13 of this Act.
Repeal of associated provisions
(5) If subsection (1) repeals a provision of a legislative instrument or
notifiable instrument, this section also repeals the following
provisions:
(a) any other provision (for example, a Schedule) of the
instrument that only identifies another instrument or
provision that is amended or repealed;
(b) any other provision (for example, a Part heading) of the
instrument that only identifies (or groups) provisions that are
amended or repealed.
Note: See also subsection 45(2).
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Section 48D
Subdivision D—Repeal of commencement provisions of
instruments containing other matter
48D Automatic repeal of commencement provisions
(1) Subject to subsection (2), this section repeals a provision (a
commencement provision) of a legislative instrument or notifiable
instrument, other than a commencement instrument, if the
commencement provision provides solely for the commencement
of one of the following (a primary law) or a provision (a primary
provision) of one of the following:
(a) the instrument;
(b) an Act;
(c) another instrument that is a legislative instrument or
notifiable instrument.
Time of repeal
(2) The repeal of the commencement provision by this section happens
immediately after the latest of the following events occurs, unless
the commencement provision has been repealed earlier by
subsection 38(3) or 42(1) or (2):
(aa) if the commencement provision is in a disallowable
legislative instrument—the end of the last day on which the
instrument or a provision of the instrument may be
disallowed in a House of the Parliament;
(a) if the commencement provision is in any legislative
instrument or notifiable instrument—whichever of the
following is applicable:
(i) the commencement (or the last commencement) the
commencement provision provides for;
(ii) if the commencement provision provides for the
commencement of a primary law, and the last of the
provisions of the primary law that have not commenced
are repealed—that repeal;
(iii) if the commencement provision provides for the
commencement of a primary law, and the primary law
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Section 48D
(or the last of the provisions of the primary law) cannot
commence because of the occurrence of an event—the
occurrence of that event;
(iv) if the commencement provision provides for the
commencement of a primary provision, and the primary
provision is repealed, or cannot commence because of
the occurrence of an event—that repeal, or the
occurrence of that event;
(b) if the commencement provision is in a legislative instrument
to which section 42 does not apply or is in a notifiable
instrument—the registration of the legislative instrument or
notifiable instrument.
Effect of repeal
(3) The repeal of the provision by this section does not affect any
commencement the provision provides for. This does not limit the
effect of section 7 of the Acts Interpretation Act 1901 as it applies
in relation to the repeal of the provision by this section because of
section 13 of this Act.
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Repeal of spent legislative instruments, notifiable instruments and provisions Part 3
Repeal by regulations Division 2
Section 48E
Division 2—Repeal by regulations
48E Regulations may repeal instruments or provisions no longer
required
(1) The regulations may repeal a legislative instrument or notifiable
instrument or a provision of a legislative instrument or notifiable
instrument.
(2) Before the Governor-General makes a regulation for the purposes
of subsection (1), the Attorney-General must be satisfied that the
legislative instrument or notifiable instrument or provision to be
repealed is spent or is no longer required.
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Chapter 3 Legislative instruments and notifiable instruments
Part 4 Sunsetting of legislative instruments
Section 48F
Part 4—Sunsetting of legislative instruments
48F Simplified outline of this Part
Legislative instruments are automatically repealed after a fixed
period of time (subject to some exceptions). The automatic repeal
is called sunsetting.
Generally, legislative instruments sunset on the first 1 April or
1 October on or after the tenth anniversary of their registration. The
Attorney-General may (by legislative instrument) defer sunsetting
in some circumstances.
The Attorney-General must arrange for the tabling in each House
of Parliament of a list of legislative instruments that are due for
sunsetting on the same day. The Office of Parliamentary Counsel
must then arrange for each rule-maker to be given a copy of the
list.
Either House of Parliament may resolve to continue in force a
legislative instrument that would otherwise sunset.
A legislative instrument does not sunset if this Act or a regulation
under this Act, or another Act, provides or has the effect that this
Part does not apply to the instrument.
49 The purpose of the Part
The purpose of this Part is to ensure that legislative instruments are
kept up to date and only remain in force for so long as they are
needed.
Note: Section 54 provides that certain instruments are exempted from the
operation of this Part.
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2
3
4
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7
8
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Sunsetting of legislative instruments Part 4
Section 50
50 Sunsetting
(1) This subsection repeals a legislative instrument on the first 1 April
or 1 October falling on or after the tenth anniversary of registration
of the instrument, unless the instrument was registered on
1 January 2005.
(2) This subsection repeals a legislative instrument on the day worked
out using the table if the instrument was registered on 1 January
2005.
Day of repeal of legislative instrument registered on 1 January 2005
Year the instrument was made Day of repeal
A year before 1930 1 April 2015
A year in the decade starting on 1 January 1930 1 October 2015
A year in the decade starting on 1 January 1940 1 April 2016
A year in the decade starting on 1 January 1950 1 October 2016
A year in the decade starting on 1 January 1960 1 April 2017
A year in the decade starting on 1 January 1970 1 October 2017
A year in the decade starting on 1 January 1980 1 April 2018
1990, 1991, 1992, 1993 or 1994 1 October 2018
1995, 1996, 1997, 1998 or 1999 1 April 2019
10 2000, 2001 or 2002 1 October 2019
11 2003 or 2004 1 April 2020
Relationship with other provisions
(3) This section has effect subject to Part 3 (repeal of spent legislative
instruments, notifiable instruments and provisions) and sections 51,
51A, 53 and 54.
Note: A legislative instrument may be repealed under Part 3 before it could
be repealed by this section. Section 51 or 51A may repeal a legislative
instrument at a time different from the time when it would be repealed
by this section. Sections 53 and 54 may prevent a legislative
instrument from being repealed by this section.
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Part 4 Sunsetting of legislative instruments
Section 51
51 Attorney-General may defer sunsetting in certain circumstances
(1) If:
(a) a legislative instrument would (apart from this section) be
repealed by section 50 or 51A on a particular day (the
sunsetting day); and
(b) the Attorney-General is satisfied, on written application by
the rule-maker:
(i) that the instrument would (apart from the operation of
this Part) be likely to cease to be in force within 24
months after the sunsetting day; or
(ii) that an instrument proposed to be made in substitution
for the instrument will not be able to be completed
before the sunsetting day for reasons that the rule-maker
could not have foreseen and avoided or because the
dissolution or expiration of the House of
Representatives or the prorogation of the Parliament
renders it inappropriate to make a replacement
instrument before a new government is formed; or
(iii) that the Attorney-General has approved this Part not
applying to the instrument;
then:
(c) the Attorney-General may issue a certificate providing that
the first-mentioned instrument is repealed by this section on a
1 April or 1 October that is on or before the second
anniversary of the sunsetting day and that is specified in the
certificate; and
(d) if the Attorney-General issues the certificate, the
first-mentioned instrument is repealed by this section on the
specified day instead of the sunsetting day, unless the
instrument has been repealed earlier.
(3) A certificate issued under paragraph (1)(c) is a legislative
instrument.
(4) Section 42 does not apply to a certificate issued under
paragraph (1)(c) if the day specified in the certificate is on or
before the first anniversary of the sunsetting day.
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Section 51A
(5) The explanatory statement for a certificate issued under
paragraph (1)(c) must include a statement of the reasons for the
issue of the certificate.
51A Attorney-General may align sunsetting of instruments to be
reviewed together
(1) The Attorney-General may by legislative instrument (the
sunset-altering instrument) declare that 2 or more other legislative
instruments (the instruments to be reviewed) are repealed by this
section on a single specified day, if he or she is satisfied, on
application by the rule-maker of the instruments to be reviewed,
that:
(a) all the instruments to be reviewed:
(i) would, apart from this section, be repealed by section 50
or 51; and
(ii) are or will be the subject of a single review; and
(b) the making of the declaration will facilitate the undertaking
of the review or the implementation of its findings.
(2) The day specified in the sunset-altering instrument:
(a) must be 1 April or 1 October of a year; and
(b) must be not more than 5 years after the earliest day on which
any of the instruments to be reviewed would be repealed by
section 50 or 51 apart from this section; and
(c) may be the same as, or different from, any of the days on
which any of the instruments to be reviewed would be
repealed by section 50 or 51 apart from this section.
(3) The sunset-altering instrument has effect according to its terms
(subject to Part 2 (parliamentary scrutiny of legislative
instruments), and to section 53 operating on the instruments to be
reviewed).
(4) The explanatory statement for the sunset-altering instrument must
include a statement of the reasons for the making of the instrument.
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Part 4 Sunsetting of legislative instruments
Section 52
52 Attorney-General must lay lists of instruments due for sunsetting
before each House of the Parliament
(1) In this section:
list tabling day, in relation to a sunsetting day and to a House of
the Parliament, means the first sitting day of that House occurring
within 18 months before that sunsetting day.
sunsetting day means the first possible day on which any
legislative instrument will be repealed by this Part and each 1 April
and 1 October occurring after that day.
(2) The Attorney-General must arrange for the laying before each
House of the Parliament, on each list tabling day in relation to that
House, of a list of legislative instruments that will be repealed by
section 50, 51 or 51A on the sunsetting day to which that list
tabling day relates.
(3) As soon as practicable after the laying before either House of the
Parliament of a list in accordance with subsection (2), the Office of
Parliamentary Counsel must arrange for a copy of that list to be
provided to the rule-maker responsible for each legislative
instrument appearing on the list.
(4) If subsection (2) requires the Attorney-General to arrange for the
laying of a list of the kind referred to in that subsection before the
Houses of the Parliament on different days, subsection (3) need
only be complied with in relation to the earlier of those days.
53 Resolution that instrument continue in force
(1) A legislative instrument that would otherwise be repealed on a day
(the repeal day) by section 50, 51 or 51A continues in force,
despite those sections, if:
(a) the instrument is mentioned in:
(i) a copy of a certificate under section 51 that is laid
before a House of the Parliament in accordance with
section 38; or
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Section 54
(ii) a list laid before a House of the Parliament under
section 52; and
(b) the House indicates, by resolution passed before the repeal
day, that the instrument should continue in force.
(2) The legislative instrument continues in force, subject to:
(a) sections 50, 51 and 51A, which apply to it after the passage
of the resolution as if it were registered on the day on which
it would have been repealed by section 50, 51 or 51A apart
from this section; and
(b) any later instrument amending or repealing it.
Note: The legislative instrument is not required to be tabled again, and is not
liable to disallowance again.
54 Instruments to which this Part does not apply
(1) This Part does not apply in relation to a legislative instrument if the
enabling legislation for the instrument (not being the Corporations
Act 2001):
(a) facilitates the establishment or operation of an
intergovernmental body or scheme involving the
Commonwealth and one or more States or Territories; and
(b) authorises the instrument to be made by the body or for the
purposes of the body or scheme.
(2) This Part does not apply in relation to a legislative instrument if:
(a) an Act provides, or has the effect, that this Part does not
apply in relation to the instrument; or
(b) the legislative instrument is prescribed by regulation for the
purposes of this paragraph; or
(c) the legislative instrument is a regulation made for the
purposes of:
(i) paragraph 8(6)(b) (which covers instruments that are not
legislative instruments); or
(ii) paragraph 10(1)(c) (which covers instruments that are
legislative instruments); or
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Section 54
(iii) paragraph 11(2)(b) (which covers instruments that are
notifiable instruments); or
(iv) paragraph 44(2)(b) (which covers instruments that are
not subject to disallowance); or
(v) paragraph (b) of this subsection.
(3) Prescribing a kind of instrument by regulation for the purposes of
paragraph (2)(b) does not imply that every instrument of that kind
is a legislative instrument.
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Miscellaneous Chapter 4
Section 55
Chapter 4—Miscellaneous
55 Simplified outline of this Chapter
This Chapter deals with miscellaneous matters, such as the
following:
• publication requirements for legislative instruments other than
publication by registration;
• parliamentary scrutiny requirements for instruments other than
legislative instruments or notifiable instruments, other than
scrutiny under this Act;
• delegation powers of the First Parliamentary Counsel;
• a review of Part 4 of Chapter 3 (sunsetting of legislative
instruments) in 2027;
• the First Parliamentary Counsel’s power to make rules for this
Act (rules are legislative instruments);
• the power to make regulations under this Act, including a
regulation that amends any legislative instrument or notifiable
instrument with the agreement of the rule-maker for the
instrument.
56 Legislative instruments—gazettal and other publication and
notification requirements
Gazettal requirements satisfied by registration
(1) If a primary law requires a legislative instrument made under that
law or other enabling legislation, or particulars of the making of
the instrument, to be published or notified in the Gazette, the
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Section 57
requirement is taken to be satisfied if the instrument is registered as
a legislative instrument.
Other publication or notification requirements in addition to
registration
(2) Subsection (3) applies if a primary law as enacted or made, or as
amended, on or after 1 January 2005 requires a legislative
instrument made under that law or other enabling legislation, or
particulars of the making of the instrument, to be published or
notified otherwise than in the Gazette.
Note: The substantive provisions of this Act commenced on 1 January 2005.
(3) The requirement for publication or notification is taken to be in
addition to a requirement under this Act for the legislative
instrument to be registered as a legislative instrument.
57 Effect on existing tabling and disallowance requirements
(1) If, before 1 January 2005, a law required a document that is a
legislative instrument for the purposes of this Act to be laid before
the Parliament within a certain time, and in a certain way,
compliance with section 38 on and after 1 January 2005 is taken to
constitute full compliance with those requirements.
(2) If, before 1 January 2005, a law provided for the disallowance of a
document that is a legislative instrument for the purposes of this
Act, sections 42 to 48 are taken to apply in respect of the
document, subject to subsection (5), to the exclusion of the
provision for disallowance in that law.
(3) If provisions in force immediately before 1 January 2005 in
relation to a document that is a legislative instrument specify
particular consequences that follow a particular circumstance,
namely:
(a) the laying of that document, or the failure to lay that
document, before the Houses of the Parliament in accordance
with those provisions; or
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(b) the disallowance or non-disallowance, in accordance with
those provisions, of a document that is so laid:
those same consequences follow a like circumstance under this
Act, namely:
(c) the laying of that document, or the failure to lay that
document, before the Houses of the Parliament in accordance
with this Act; and
(d) the disallowance or non-disallowance of that document, in
accordance with this Act, of a document that is laid before
the Houses of the Parliament in accordance with this Act;
as if the circumstance referred to in paragraph (c) or (d) were a
circumstance referred to in paragraph (a) or (b).
(4) If provisions in force immediately before 1 January 2005 in
relation to a document that is a legislative instrument:
(a) require the document to be laid before the Houses of the
Parliament; and
(b) specify particular requirements to be complied with before,
or at the same time as, that document is so laid;
those provisions continue to have effect, on and after 1 January
2005, as if they were requirements to be complied with before, or
at the same time as, the document is laid before the Houses of the
Parliament in accordance with this Act.
Note: This subsection applies, for example, if the enabling legislation in
respect of a legislative instrument required that a report concerning
any such instrument be prepared and laid before the Parliament at the
same time as the instrument is so laid.
(5) 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 1 January 2005, despite the provisions to different effect in
sections 42 to 48.
Note: The substantive provisions of this Act commenced on 1 January 2005.
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Section 57A
57A Legislative instruments made under power delegated by the
Parliament before 1 January 2005
For the purposes of subsection 8(5) (meaning of legislative
instrument), an instrument is a legislative instrument if:
(a) it is made under a power delegated by the Parliament before
1 January 2005; and
(b) in accordance with a provision of the enabling legislation, the
instrument:
(i) is 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 1 January 2005; or
(ii) is otherwise able to be disallowed under Part XII of the
Acts Interpretation Act 1901 as in force at any time
before 1 January 2005.
Note: The substantive provisions of this Act commenced on 1 January 2005.
58 Delegation
The First Parliamentary Counsel may, by signed instrument,
delegate to:
(a) a Second Parliamentary Counsel (appointed under
subsection 4(1) of the Parliamentary Counsel Act 1970); or
(b) an SES employee in the Office of Parliamentary Counsel; or
(c) an SES employee in the Department;
any of the powers or functions of the First Parliamentary Counsel
under this Act.
59 Review of operation of this Act
(1) During the 3 months starting on the fifth anniversary of the
commencement (the framework reform commencement) of
Schedule 1 to the Acts and Instruments (Framework Reform) Act
2015, the Attorney-General must appoint persons to a body to
review the operation of this Act.
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(2) A person appointed to the body may resign from it by giving the
Attorney-General a signed notice of resignation.
(3) The body must review all aspects of the operation of this Act and
any related matters that the Attorney-General specifies.
(4) The body must give the Attorney-General a written report on the
review within 15 months after the fifth anniversary of the
framework reform commencement.
(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.
60 Review of operation of the sunsetting provisions
(1) Between 1 January and 31 March 2027, the Attorney-General must
appoint persons to a body to review the operation of Part 4 of
Chapter 3 (sunsetting of legislative instruments).
(2) A person appointed to the body may resign from it by giving the
Attorney-General a signed notice of resignation.
(3) The body referred to in subsection (1) must review all aspects of
the operation of Part 4 of Chapter 3 and any related matters that the
Attorney-General specifies.
(4) The body must give the Attorney-General a written report on the
review before 1 October 2027.
(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.
61 Legislative instrument and notifiable instrument amendments by
regulations under this Act
(1) A regulation under this Act may amend a legislative instrument or
notifiable instrument.
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Section 61A
(2) Regulations made for the purposes of subsection (1) may include
amendments providing for any matters of a transitional nature
(including saving or application provisions) that are necessary or
convenient to be prescribed for amendments of the instrument
concerned.
(3) Before the Governor-General makes a regulation for the purposes
of subsection (1) amending an instrument, the Attorney-General
must be satisfied that the rule-maker for the instrument has agreed
to the amendment.
61A Rules made by First Parliamentary Counsel
The First Parliamentary Counsel may, by legislative instrument,
make rules prescribing all matters required or permitted by this Act
to be prescribed by the rules.
62 Regulations
The Governor-General may make regulations prescribing all
matters:
(a) required or permitted by this Act to be prescribed by
regulation; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
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Endnotes
Endnote 1—About the endnotes
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that
has amended (or will amend) the compiled law. The information includes
commencement details for amending laws and details of any application, saving
or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at
the provision (generally section or equivalent) level. It also includes information
about any provision of the compiled law that has been repealed in accordance
with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make
editorial and presentational changes to a compiled law in preparing a
compilation of the law for registration. The changes must not change the effect
of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief
outline of the changes in general terms. Full details of any changes can be
obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe
the amendment to be made. If, despite the misdescription, the amendment can
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Endnote 1—About the endnotes
be given effect as intended, the amendment is incorporated into the compiled
law and the abbreviation “(md)” added to the details of the amendment included
in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the
abbreviation “(md not incorp)” is added to the details of the amendment
included in the amendment history.
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Endnotes
Endnote 2—Abbreviation key
Endnote 2—Abbreviation key
ad = added or inserted o = order(s)
am = amended Ord = Ordinance
amdt = amendment orig = original
c = clause(s) par = paragraph(s)/subparagraph(s)
/sub-subparagraph(s)C[x] = Compilation No. x
Ch = Chapter(s) pres = present
def = definition(s) prev = previous
Dict = Dictionary (prev…) = previously
disallowed = disallowed by Parliament Pt = Part(s)
Div = Division(s) r = regulation(s)/rule(s)
ed = editorial change reloc = relocated
exp = expires/expired or ceases/ceased to have renum = renumbered
effect rep = repealed
F = Federal Register of Legislation rs = repealed and substituted
gaz = gazette s = section(s)/subsection(s)
LA = Legislation Act 2003 Sch = Schedule(s)
LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given SLI = Select Legislative Instrument
effect SR = Statutory Rules
(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)
cannot be given effect SubPt = Subpart(s)
mod = modified/modification underlining = whole or part not
commenced or to be commencedNo. = Number(s)
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Endnote 3—Legislation history
Endnote 3—Legislation history
Act Number Assent Commencement Application,
and year saving and
transitional
provisions
Legislative Instruments 139, 2003 17 Dec s 3–42, 44–62 and Sch 1:
Act 2003 2003 1 Jan 2005 (s 2(1)
items 2, 3)
Remainder: 17 Dec 2003
(s 2(1) item 1)
Law and Justice
Legislation Amendment
Act 2004
62, 2004 26 May
2004
Sch 1 (items 46–50): 1
Jan 2005 (s 2(1) item 12)
—
Australian Federal
Police and Other
Legislation Amendment
Act 2004
64, 2004 22 June
2004
Sch 2 (item 8): 1 Jan
2005 (s 2(1) item 10)
—
Protection of the Sea
(Powers of Intervention)
Amendment Act 2006
44, 2006 22 May
2006
Sch 1 (item 1): 23 May
2006 (s 2)
—
Customs Legislation
Amendment (New
Zealand Rules of Origin)
Act 2006
166, 2006 12 Dec
2006
Sch 1 (items 18–21): 1
Jan 2007 (s 2)
—
Australian Citizenship
(Transitionals and
Consequentials) Act
2007
21, 2007 15 Mar
2007
Sch 1 (item 38): 1 July
2007 (s 2(1) item 2)
—
Native Title Amendment 61, 2007 15 Apr Sch 1 (item 47A): 15 —
Act 2007 2007 Apr 2007 (s 2(1) item 2)
Maritime Legislation 150, 2007 24 Sept Sch 1 (items 21, 22): 1 —
Amendment Act 2007 2007 Jan 2008 (s 2(1) item 2)
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Endnote 3—Legislation history
Act Number Assent Commencement Application,
and year saving and
transitional
provisions
Financial Framework 166, 2007 25 Sept Sch 1 (items 19, 21): 1 —
Legislation Amendment 2007 Jan 2008 (s 2(1) items 8,
Act (No. 1) 2007 10)
Sch 1 (items 20, 22): 25
Sept 2007 (s 2(1)
items 9, 11)
Commonwealth 20, 2008 26 May Sch 2 (items 4–7): 1 July Sch 2 (item 7)
Authorities and 2008 2008 (s 2(1) item 7)
Companies Amendment
Act 2008
Great Barrier Reef 125, 2008 25 Nov Sch 3 (item 48): 26 Nov —
Marine Park and Other 2008 2008 (s 2(1) item 2)
Legislation Amendment
Act 2008
Evidence Amendment 135, 2008 4 Dec 2008 Sch 3 (item 8): 4 Dec —
Act 2008 2009 (s 2(1) item 3)
Water Amendment Act 139, 2008 8 Dec 2008 Sch 2 (item 2): 15 Dec —
2008 2008 (s 2(1) item 3)
Fair Work (State
Referral and
Consequential and Other
Amendments) Act 2009
54, 2009 25 June
2009
Sch 5 (item 42): 1 July
2009 (s 2(1) item 13)
—
Fair Work Amendment
(State Referrals and
Other Measures) Act
2009
124, 2009 9 Dec 2009 Sch 2 (item 133): 1 Jan
2010 (s 2(1) item 12)
—
Acts Interpretation 46, 2011 27 June Sch 1 (items 111–116) Sch 3 (items 1, 9,
Amendment Act 2011 2011 and Sch 3 (items 1, 9, 11)
11): 27 Dec 2011 (s 2(1)
items 2, 12)
Financial Framework 89, 2011 4 Aug 2011 Sch 3: 1 Sept 2011 (s —
Legislation Amendment 2(1) item 4)
Act (No. 1) 2011
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Endnote 3—Legislation history
Act Number Assent Commencement Application,
and year saving and
transitional
provisions
Legislative Instruments
Amendment (Sunsetting)
Act 2011
98, 2011 15 Sept
2011
16 Sept 2011 (s 2) Sch 1 (item 4)
Human Rights 187, 2011 7 Dec 2011 Sch 1 (item 4): 4 Jan —
(Parliamentary Scrutiny) 2012 (s 2(1) item 3)
(Consequential
Provisions) Act 2011
Parliamentary Counsel 107, 2012 22 July Sch 2 (items 12–46, 48): Sch 2 (items 46,
and Other Legislation 2012 1 Oct 2012 (s 2(1) 48)
Amendment Act 2012 item 2)
Navigation
(Consequential
Amendments) Act 2012
129, 2012 13 Sept
2012
Sch 2 (item 16): 1 July
2013 (s 2(1) item 2)
—
Legislative Instruments
Amendment (Sunsetting
Measures) Act 2012
135, 2012 22 Sept
2012
Sch 1: 23 Sept 2012 (s 2) —
Fair Work Amendment 174, 2012 4 Dec 2012 Sch 9 (item 1281): 1 Jan —
Act 2012 2013 (s 2(1) item 5)
Federal Circuit Court of 13, 2013 14 Mar Sch 2 (item 2): 12 Apr —
Australia (Consequential 2013 2013 (s 2(1) item 3)
Amendments) Act 2013
Public Governance,
Performance and
Accountability
(Consequential and
Transitional Provisions)
Act 2014
62, 2014 30 June
2014
Sch 9 (items 214, 215)
and Sch 14: 1 July 2014
(s 2(1) items 6, 14)
Sch 14
as amended by
Public Governance
and Resources
Legislation
Amendment Act
(No. 1) 2015
36, 2015 13 Apr
2015
Sch 2 (items 7–9) and
Sch 7: 14 Apr 2015 (s 2)
Sch 7
Legislation Act 2003
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Endnotes
Endnote 3—Legislation history
Act Number Assent Commencement Application,
and year saving and
transitional
provisions
as amended by
Acts and 126, 2015 10 Sept Sch 1 (item 486): 5 Mar —
Instruments 2015 2016 (s 2(1) item 2)
(Framework
Reform)
(Consequential
Provisions) Act
2015
Acts and Instruments 126, 2015 10 Sept Sch 1 (item 495): 5 Mar —
(Framework Reform) 2015 2016 (s 2(1) item 2)
(Consequential
Provisions) Act 2015
Acts and Instruments
(Framework Reform)
Act 2015
10, 2015 5 Mar 2015 Sch 1 (items 1–89, 166–
179): 5 Mar 2016 (s 2(1)
item 2)
Sch 1 (items 166–
179)
as amended by
Acts and Instruments
(Framework Reform)
(Consequential
Provisions) Act 2015
126, 2015 10 Sept
2015
Sch 3 (items 1, 6): 5 Mar
2016 (s 2(1) item 8)
Sch 3 (item 6)
Norfolk Island
Legislation Amendment
Act 2015
59, 2015 26 May
2015
s 4: 26 May 2015 (s 2(1)
item 1)
Sch 1 (item 144):
18 June 2015 (s 2(1)
item 2)
Sch 1 (items 184–203):
27 May 2015 (s 2(1)
item 3)
Sch 1 (items 204–206): 5
Mar 2016 (s 2(1) item 4)
s 4 and Sch 1
(items 184–203,
206)
Legislation Act 2003
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Endnotes
Endnote 3—Legislation history
Act Number Assent Commencement Application,
and year saving and
transitional
provisions
Acts and Instruments 126, 2015 10 Sept Sch 2 (items 3, 4): never Sch 2 (item 7) and
(Framework Reform) 2015 commenced (s 2(1) Sch 3 (item 6)
(Consequential item 5)
Provisions) Act 2015 Sch 2 (items 5–7): 10
Mar 2016 (s 2(1)
items 6, 7)
Sch 3 (items 3–6): 5 Mar
2016 (s 2(1) item 8)
Treasury Laws
Amendment (Fair and
Sustainable
Superannuation) Act
2016
81, 2016 29 Nov
2016
Sch 10 (item 112): 1 Jan
2017 (s 2(1) item 8)
—
Treasury Laws
Amendment (2017
Measures No. 2) Act
2017
55, 2017 22 June
2017
Sch 1 (item 20): 22 June
2017 (s 2(1) item 3)
Sch 1 (item 21): awaiting
commencement (s 2(1)
item 4)
—
Statute Update (Winter 93, 2017 23 Aug Sch 1 (item 14): 20 Sept —
2017) Act 2017 2017 2017 (s 2(1) item 2)
Legislation Amendment 78, 2018 24 Aug Sch 1 (items 22–74) and Sch 1 (item 74)
(Sunsetting Review and 2018 Sch 2 (items 5–10): 25 and Sch 2
Other Measures) Act Aug 2018 (s 2(1) (items 10, 13)
2018 items 2, 3)
Sch 2 (items 11–13): 24
Feb 2019 (s 2(1) item 4)
Civil Law and Justice 130, 2018 25 Oct Sch 8: 26 Oct 2018 (s —
Legislation Amendment 2018 2(1) item 11)
Act 2018
Legislation Act 2003
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Endnotes
Endnote 3—Legislation history
Name Registration Commencement Application, saving
and transitional
provisions
Workplace Relations 17 Mar 2006 Sch 39: 27 Mar 2006 —
Amendment (Work (F2006L00820) (r 2(b))
Choices) (Consequential
Amendments)
Regulations 2006
(No. 1) (SLI No. 50,
2006)
Legislation Act 2003
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Endnotes
Endnote 4—Amendment history
Endnote 4—Amendment history
Provision affected How affected
Title ...............................................am No 135, 2012
rs No 10, 2015
ed C32
Chapter 1
Chapter 1 heading ..........................ad No 10, 2015
Part 1
Part 1 heading ................................rs No 10, 2015
s 1 ..................................................am No 10, 2015
s 2A................................................rep No 10, 2015
s 3 ..................................................am No 135, 2012; No 10, 2015
s 3A................................................ad No 10, 2015
am No 78, 2018
s 3AA.............................................ad No 59, 2015
s 4 ..................................................am No 98, 2011; No 187, 2011; No 107, 2012; No 135, 2012
rs No 10, 2015
s 5 ..................................................rs No 10, 2015
ed C39
s 6 ..................................................rs No 10, 2015
Part 2
Part 2 heading ................................ad No 10, 2015
s 7 ..................................................am No 62, 2004; No 64, 2004; SLI No 50, 2006; No 20, 2008; No 139,
2008; No 54, 2009; No 124, 2009; No 174, 2012; No 62, 2014
rs No 10, 2015
s 8 ..................................................rs No 10, 2015
am No 126, 2015
s 9 ..................................................am No 13, 2013
rs No 10, 2015
s 10 ................................................rs No 10, 2015
Legislation Act 2003
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
am No 59, 2015
s 11 ................................................am No 13, 2013
rs No 10, 2015
s 12 ................................................rs No 10, 2015
am No 78, 2018
s 13 ................................................am No 46, 2011; No 10, 2015; No 93, 2017
s 14 ................................................am No 10, 2015; No 126, 2015; No 78, 2018
Chapter 2
Chapter 2 .......................................ad No 10, 2015
Part 1
Division 1
s 15 ................................................rep No 135, 2012
ad No 10, 2015
Division 2
s 15A..............................................ad No 10, 2015
am No 126, 2015
s 15B..............................................ad No 10, 2015
s 15C..............................................ad No 10, 2015
s 15D..............................................ad No 10, 2015
rs No 78, 2018
s 15DA...........................................ad No 78, 2018
s 15E..............................................ad No 10, 2015
Division 3
s 15F ..............................................ad No 10, 2015
s 15G..............................................ad No 10, 2015
s 15H..............................................ad No 10, 2015
am No 126, 2015
s 15J...............................................ad No 10, 2015
am No 81, 2016; No 55, 2017 (Sch 1 item 21)
s 15K..............................................ad No 10, 2015
s 15L..............................................ad No 10, 2015
Legislation Act 2003
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
am No 78, 2018
s 15M.............................................ad No 10, 2015
Part 2
Division 1
s 15N..............................................ad No 10, 2015
Division 2
s 15P ..............................................ad No 10, 2015
s 15Q..............................................ad No 10, 2015
am No 130, 2018
s 15R..............................................ad No 10, 2015
s 15S ..............................................ad No 10, 2015
s 15T..............................................ad No 10, 2015
am No 130, 2018
s 15U..............................................ad No 10, 2015
am No 130, 2018
Division 3
s 15V..............................................ad No 10, 2015
s 15W.............................................ad No 10, 2015
s 15X..............................................ad No 10, 2015
ed C32
Part 3
Division 1
s 15Y..............................................ad No 10, 2015
s 15Z..............................................ad No 10, 2015
Division 2
s 15ZA ...........................................ad No 10, 2015
am No 130, 2018
s 15ZB ...........................................ad No 10, 2015
am No 130, 2018
Chapter 3
Part 2 heading ................................rep No 10, 2015
Legislation Act 2003
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
Chapter 3 heading ..........................ad No 10, 2015
Part 1
Part 1 heading ................................ad No 10, 2015
s 15ZC ...........................................ad No 10, 2015
s 16 ................................................am No 107, 2012; No 10, 2015
Part 3 heading ................................rep No 10, 2015
s 17 ................................................am No 135, 2012; No 10, 2015
s 18 ................................................rep No 10, 2015
Part 4..............................................rep No 10, 2015
s 20 ................................................am No 107, 2012
rep No 10, 2015
s 21 ................................................rep No 10, 2015
s 22 ................................................rep No 10, 2015
s 23 ................................................am No 107, 2012
rep No 10, 2015
s 24 ................................................rep No 10, 2015
s 25 ................................................am No 107, 2012
rep No 10, 2015
s 26 ................................................am No 135, 2012
rep No 10, 2015
s 27 ................................................am No 107, 2012
rep No 10, 2015
s 28 ................................................rep No 10, 2015
s 29 ................................................am No 107, 2012
rep No 10, 2015
s 30 ................................................am No 107, 2012
rep No 10, 2015
s 31 ................................................am No 107, 2012
rep No 10, 2015
s 32 ................................................rep No 10, 2015
s 33 ................................................am No 107, 2012; No 135, 2012
Legislation Act 2003
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
rep No 10, 2015
s 34 ................................................am No 107, 2012; No 135, 2012
rep No 10, 2015
s 35 ................................................rep No 10, 2015
s 35A..............................................ad No 135, 2008
rep No 10, 2015
Part 2
Part 5 heading ................................rep No 10, 2015
Part 2 heading ................................ad No 10, 2015
s 36 ................................................rs No 10, 2015
s 37 ................................................am No 10, 2015
s 38 ................................................am No 107, 2012; No 10, 2015; No 78, 2018
s 39 ................................................am No 107, 2012
rs No 10, 2015
s 42 ................................................am No 62, 2004; No 10, 2015; No 78, 2018
s 44 ................................................am No 62, 2004; No 166, 2006; No 21, 2007; No 150, 2007; No 166,
2007; No 20, 2008; No 89, 2011; No 10, 2015; No 78, 2018
s 45 ................................................am No 135, 2012; No 10, 2015; No 78, 2018
s 47 ................................................am No 78, 2018
s 48 ................................................rs No 10, 2015
Part 3
Part 5A heading .............................rep No 10, 2015
Part 3 heading ................................ad No 10, 2015
Part 5A...........................................ad No 135, 2012
Division 1A
Division 1A heading ......................ad No 10, 2015
s 48AA...........................................ad No 10, 2015
am No 78, 2018
Division 1
Subdivision A
s 48A..............................................ad No 135, 2012
Legislation Act 2003
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
am No 10, 2015; No 78, 2018
Subdivision B
s 48B..............................................ad No 135, 2012
am No 10, 2015
Subdivision C
Subdivision C heading ...................rs No 10, 2015
s 48C..............................................ad No 135, 2012
am No 10, 2015; No 78, 2018
Subdivision D
Subdivision D heading...................rs No 10, 2015
s 48D..............................................ad No 135, 2012
am No 10, 2015; No 78, 2018
Division 2
s 48E..............................................ad No 135, 2012
am No 10, 2015
Part 4
Part 6 heading ................................rep No 10, 2015
Part 4 heading ................................ad No 10, 2015
s 48F ..............................................ad No 10, 2015
s 50 ................................................am No 98, 2011
rs No 135, 2012
am No 10, 2015
s 51 ................................................am No 135, 2012; No 10, 2015; No 78, 2018
s 51A..............................................ad No 135, 2012
am No 10, 2015; No 78, 2018
s 52 ................................................am No 107, 2012; No 135, 2012
s 53 ................................................rs No 135, 2012
am No 78, 2018
s 54 ................................................am No 62, 2004; No 44, 2006; No 166, 2006; No 61, 2007; No 150,
2007; No 166, 2007; No 20, 2008; No 125, 2008; No 89, 2011; No 129,
2012; No 135, 2012; No 10, 2015; No 78, 2018
Legislation Act 2003
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
Chapter 4
Part 7 heading ................................rep No 10, 2015
Chapter 4 heading ..........................ad No 10, 2015
s 55 ................................................rs No 10, 2015
am No 78, 2018
s 56 ................................................rs No 10, 2015
s 57 ................................................am No 10, 2015
s 57A..............................................ad No 10, 2015
s 58 ................................................rs No 107, 2012
am No 10, 2015
s 59 ................................................rs No 10, 2015
s 60 ................................................am No 10, 2015; No 78, 2018
s 61 ................................................rs No 10, 2015
s 61A..............................................ad No 10, 2015
s 62 ................................................am No 10, 2015
Schedule 1......................................rep No 10, 2015
Legislation Act 2003
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Endnotes
Endnote 5—Editorial changes
Endnote 5—Editorial changes
In preparing this compilation for registration, the following kinds of editorial
change(s) were made under the Legislation Act 2003.
Section 5 (heading)
Kind of editorial change
Change to typeface
Details of editorial change
This compilation was editorially changed to insert bold on the word “and” in the
heading to section 5 to bring the section heading into line with legislative
drafting practice.
Legislation Act 2003
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