Statutory Rules Publication Act 1903

Act No. 18 of 1903 as amended

[Note:  This Act is repealed by Act No. 140 of 2003]

This compilation was prepared on 1 January 2005
taking into account amendments up to Act No. 140 of 2003

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

1 Short title and commencement [see Note1]

2 Interpretation

5 Printing, numbering and sale of statutory rules

6A Incorporation of amendments in reprint of statutory rules......2

7 Regulations.................................3

Notes 5

An Act for the Publication of Statutory Rules

1  Short title and commencement [see Note1]

  This Act may be cited as the Statutory Rules Publication Act 1903, and shall commence on the first day of January, One thousand nine hundred and four.

2  Interpretation

  In this Act:

Statutory rules means rules, regulations, or by‑laws, made under any Act, which:

 (a) relate to any Court within the Commonwealth, or to the procedure, practice, or costs therein, or to any fees or matters applying generally throughout the Commonwealth or any part of the Commonwealth; or

 (b) are made by the Governor‑General, or any Minister, or the Inter‑State Commission, or any Government department.

Rule‑making authority includes every authority authorized to make any statutory rules.

5  Printing, numbering and sale of statutory rules

 (1) All statutory rules shall forthwith after they are made be sent to the Government Printer, and shall, in manner prescribed, be numbered, and (save as prescribed) printed and sold by him.

 (2) Any statutory rules may, without prejudice to any other mode of citation, be cited by the number so given and the calendar year.

 (3) Where any statutory rules are required by any Act to be published or notified in the Gazette, a notice in the Gazette of the rules having been made, and of the place or places where copies of them can be purchased, shall be sufficient compliance with that requirement.

 (3A) Where a notice of statutory rules having been made is published in accordance with subsection (3), copies of the statutory rules shall, at the time of publication of the notice or as soon as practicable thereafter, be made available for purchase at the place, or at each of the places, specified in the notice.

 (3B) Where, on the date of publication of a notice referred to in subsection (3A), there are no copies of the statutory rules to which the notice relates available for purchase at the place, or at one or more of the places, specified in the notice, the Minister for Sport, Recreation and Tourism shall cause to be laid before each House of the Parliament, within 15 sitting days of that House after that date, a statement that copies of the statutory rules were not so available and the reason why they were not so available.

 (3C) Failure to comply with a requirement of subsection (3A) or (3B) in relation to any statutory rules shall not be taken to constitute a failure to comply with subsection (3) or with any provision of any Act with respect to the publication or notification of the statutory rules in the Gazette.

 (4) Regulations under this Act may prescribe the classes of cases in which the exercise of a statutory power by any rule‑making authority constitutes or does not constitute the making of a statutory rule within the meaning of this section.

6A  Incorporation of amendments in reprint of statutory rules

 (1) Where any statutory rules have, before or after the commencement of this section, been amended by:

 (a) the repeal or omission of certain words or figures;

  (b) the substitution of certain words or figures in lieu of any repealed or omitted words or figures; or

  (c) the insertion of certain words or figures;

then, in any reprint of the statutory rules by the Government Printer, the statutory rules shall be printed as so amended.

 (2) In every reprint of any statutory rules as so amended, reference shall be made in the margin, or in a footnote or endnote, to the statutory rules or other instrument by which the amendment is made.

 (3) When any statutory rules prescribe a method of citation of some other statutory rules, those other statutory rules shall be deemed to be amended by substituting that method of citation for the citation of those other statutory rules, and in every reprint of those other statutory rules that method of citation shall be substituted accordingly.

 (4) There shall be printed on every reprint issued by the Government Printer of any statutory rules which have, before or after the commencement of this Act, been amended, a short reference to every statutory rule or other instrument by which they have been amended.

 (5) In this section, words includes Part, Division, heading, regulation, subregulation, paragraph and Schedule.

7  Regulations

 (1) The Governor‑General may make Regulations for carrying this Act into effect.

Notes to the Statutory Rules Publication Act 1903

Note 1

The Statutory Rules Publication Act 1903 as shown in this compilation comprises Act No. 18, 1903 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 2 January 2004 is not included in this compilation.  For subsequent information see Table A.

The following are deemed not to be Statutory Rules within the meaning of the Statutory Rules Publication Act 1903:

By‑laws made under section 115(2) of the Postal Services Act 1975
(No. 54, 1975).

By‑laws made under section 111(2) of the Telecommunications Act 1975
(No. 55, 1975).

Determinations made under section 58B of the Defence Act 1903—see section 5 Defence Amendment Act 1979 (No. 132, 1979).

Determinations of the Minister under section 73E(2) of the National Health Act 1953—see section 14 National Health Amendment Act (No. 2) 1978
(No. 132, 1978).

Determinations made under section 82D of the Public Service Act 1922—see section 38 Public Service and Statutory Authorities Amendment Act 1980
(No. 177, 1980).

Orders made under the Coal Industry Act 1946—see section 8 Coal Industry Amendment Act 1979 (No. 126, 1979).

Orders made under the Navigation Act 1912—see section 91 Navigation Amendment Act 1979 (No. 98, 1979).

Rules of court made under section 27 of the Service and Execution of Process Act 1901—see section 9 Service and Execution of Process Act 1953
(No. 48, 1953).

Declarations made under section 34 of the Telecommunications (Interception) Act 1979—see subsection 36(2) of the Telecommunications (Interception) Act 1979.

Table of Acts

(a) The Statutory Rules Publication Act 1903 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2(1) of which provides as follows:

 (1) Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.

(b) Subsection 2(1) (items 2 and 3) of the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 provides as follows:

 (1) Each provision of this Act specified in column 1 of the table commences on the day or at the time specified in column 2 of the table.

Table of Amendments