Federal Register of Legislation - Australian Government

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A Bill for an Act relating to the making, registration, Parliamentary scrutiny and periodic repeal of legislative instruments, and for related purposes
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Introduced HR 26 Jun 1996

Legislative Instruments Bill 1996
First Reading

1996-97-98
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Legislative Instruments Bill 1996
No. , 1998
(Attorney-General)
A Bill for an Act relating to the making, registration, Parliamentary scrutiny and periodic repeal of legislative instruments, and for related purposes




9800820 - 672/3.3.1998 - (8/98) Cat. No. 97 2699 3 ISBN 0644 516178
Contents
Aboriginal and Torres Strait Islander Commission Act 1989
Acts Interpretation Act 1901
Amendments Incorporation Act 1905
Commonwealth Electoral Act 1918
Defence Act 1903
Family Law Act 1975
Federal Court of Australia Act 1976
Industrial Relations Act 1988
Judiciary Act 1903
Public Service Act 1922
Remuneration Tribunal Act 1973
Statutory Rules Publication Act 1903
A Bill for an Act relating to the making, registration, Parliamentary scrutiny and periodic repeal of legislative instruments, and for related purposes
The Parliament of Australia enacts:

Part 1 - Preliminary

1 Short title

This Act may be cited as the Legislative Instruments Act 1996.

2 Commencement

(1) Subject to subsections (2) and (3), this Act commences on a day to be fixed by Proclamation.
(2) The day fixed by Proclamation for the purposes of subsection (1) must be the first day of a month of a year.
(3) If this Act does not commence within 6 months after the day on which this Act receives the Royal Assent, it commences on the first day of the first month:
(a) that is a month of a year; and
(b) that occurs after the end of that 6 months.

3 Schedule 4

Subject to section 2, each Act that is specified in Schedule 4 to this Act is amended or repealed as set out in the applicable items in the Schedule, and any other item in the Schedule has effect according to its terms.

4 Definitions

(1) In this Act, unless the contrary intention appears:
ADJR Act means the Administrative Decisions (Judicial Review) Act 1977.
commencing day means the day on which this Act commences.
Corporations Law of the Capital Territory means the Corporations Law of the Australian Capital Territory and the Jervis Bay Territory.
enabling legislation, in relation to a legislative instrument, means the Act or legislative instrument, or the part of an Act or of a legislative instrument, that authorises the making of the legislative

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instrument concerned.
explanatory statement, in relation to a legislative instrument, means the statement prepared by the rule-maker in accordance with the requirements of section 44.
government business enterprise means a body whose name is included in Schedule 3.
Note: Schedule 3 may be amended by regulations. See subsection 75(2).
Index, in relation to the Register, means the Part of the Register compiled in accordance with Division 6 of Part 4.
legislative instrument has the meaning given by section 5.
Legislative Instrument Proposal means a Legislative Instrument Proposal prepared under section 21.
lodge, in respect of a document required to be lodged under Part 4 with the Principal Legislative Counsel, means:
(a) if the document to be lodged is required to be an original document - give or send by certified mail or in any other manner prescribed for the purpose; and
(b) if the document to be lodged is not required to be an original document - give, send by certified mail or in any other manner prescribed for the purpose, or transmit electronically.
making, in relation to an instrument that will become, or that is, a legislative instrument, means the signing, sealing or other endorsement of an instrument by the person or body empowered to make it whereby it becomes or became that legislative instrument.
prescribed authority means:
(a) a body corporate, or an unincorporated body, established for a public purpose by, or in accordance with the provisions of, an Act, other than:
(i) an unincorporated company or association; or
(ii) a body that is declared by the regulations not to be a prescribed authority for the purposes of this Act; or
(b) any other body, whether incorporated or unincorporated, declared by the regulations to be a prescribed authority for the purposes of this Act; or
(c) the person holding, or performing the duties of, an office established by an Act; or
(d) the person holding, or performing the duties of, an appointment declared by the regulations to be an appointment the holder of which is a prescribed authority for the purposes of this Act.
Principal Legislative Counsel means the officer of the Department designated as the Principal Legislative Counsel under Part 2.
principal officer, in relation to a prescribed authority, means:
(a) the person who constitutes, or is acting as the person who constitutes, the authority or, if the authority is constituted by 2 or more persons, the person who is entitled to preside at any meeting of the authority at which he or she is present; or
(b) if the affairs of the authority are administered or managed by a board or other group of persons - the person who is entitled to preside at any meeting of that board or other group at which he or she is present.
Register means the Federal Register of Legislative Instruments established under section 36.
regulatory review body means a body (whether corporate or unincorporate) or a branch or part of the Australian Public Service that is declared by the regulations to be the regulatory review body for the purposes of this Act.
responsible Minister, in relation to a legislative instrument or a proposed legislative instrument, means the Minister administering the enabling legislation for that instrument.
rule-maker has the meaning given by subsection (3).
State includes the Australian Capital Territory and the Northern Territory.
Statutory Rules series means the series of statutory rules printed in accordance with the requirements of subsection 5(1) of the Statutory Rules Publication Act 1903 as in force from time to time before the commencing day.
working day means a day that is not a Saturday, a Sunday or a public holiday in the Australian Capital Territory.
(2) In this Act, if an act or thing is required to be done within a specified number of working days of a particular event, that act or thing can be done at any time after that event during normal business hours:
(a) on the day on which the event occurred (if it is a working day); or
(b) on a working day included in the specified number of working days next following that day.
(3) In this Act, unless the contrary intention appears:
(a) a reference to an entry in the Register is a reference to particulars kept by use of a computer and comprising the Register; and
(b) a reference to a document being registered, or entered on the Register, is a reference to the recording of an image of that document as part of the Register; and
(c) a reference to a rule-maker, in relation to a legislative instrument or a
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proposed legislative instrument, is a reference to:
(i) if the legislative instrument is, or will be, authorised to be made by the Governor-General and the reference appears in section 10 - the Governor-General; and
(ii) if the legislative instrument is, or will be, authorised to be made by the Governor-General and the reference appears in any other provision of this Act - the responsible Minister; and
(iii) if the legislative instrument is, or will be, authorised to be made by a person other than the Governor-General or by a body - that other person or body; and
(d) a reference in this Act to a rule-maker who makes, or proposes to make, a legislative instrument includes a reference to the person who is, or will be, taken to be the rule-maker of the instrument in spite of the fact that that person may not actually make, or may not propose to make, the instrument concerned.

5 Definition - a legislative instrument

(1) Subject to subsection (4) and to section 7, a legislative instrument is an instrument in writing:
(a) that is of a legislative character; and
(b) that is or was made in the exercise of a power delegated by the Parliament.
(2) Without limiting the generality of subsection (1), an instrument is taken to be of a legislative character if:
(a) it determines the law or alters the content of the law, rather than applying the law in a particular case; and
(b) it has the direct or indirect effect of affecting a privilege or interest, imposing an obligation, creating a right, or varying or removing an obligation or right.
(3) Without limiting the generality of subsection (1), each of the following instruments is, subject to subsection (4) and to section 7, a legislative instrument:
(a) an instrument:
(i) made in the exercise of a power delegated by the Parliament before, on or after the commencing day; and
(ii) described as a regulation by the enabling legislation;
(b) an instrument, other than a regulation:
(i) made in the exercise of a power delegated by the Parliament before the commencing day; and
(ii) required to be printed and sold as a statutory rule under subsection 5(1) of the Statutory Rules Publication Act 1903 as in force at any time before the commencing day;
(c) an instrument:
(i) made in the exercise of a power delegated by the Parliament before, on or after the commencing day in an Act providing for the government of a non self-governing Territory; and
(ii) described in that Act as an Ordinance or as a rule, regulation or by-law made under such an Ordinance;
(d) an instrument made in the exercise of a power delegated by the Parliament before the commencing day and, in accordance with a provision of the enabling legislation:
(i) declared to be a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 as in force at any time before the commencing day; or
(ii) otherwise able to be disallowed under Part XII of the Acts Interpretation Act 1901 as in force at any time before the commencing day;
(e) a Proclamation made under enabling legislation;
whether the instrument is made before, on or after the commencing day.
(4) An instrument is not a legislative instrument if:
(a) it is of a kind listed in the table set out in Schedule 1; or
(b) it is made under an Act or a legislative instrument or a part of an Act or legislative instrument:
(i) that first authorised the making of the first-mentioned instrument on or after the commencing day; and
(ii) that declared the first-mentioned instrument not to be a legislative instrument for the purposes of this Act.
(4A) A declaration in a legislative instrument (whether the declaration is included in the instrument, before, on or after the commencing day) to the effect that another instrument will not be, or is not, a legislative instrument for the purposes of this Act is of no effect unless:
(a) the Attorney-General has given the rule-maker a certificate, in writing, before the inclusion of the declaration in the first-mentioned instrument, that he or she agrees to the inclusion of the declaration in the first-mentioned instrument; and
(b) the certificate sets out the reasons for so agreeing.
(5) The inclusion of a kind of instrument in the table set out in Schedule 1

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does not imply that such an instrument would, if it were not so included, be a legislative instrument under subsection (1).
(6) If:
(a) the making of an instrument is authorised before the commencing day; and
(b) the instrument is of a kind included in the table set out in Schedule 1 or is not otherwise a legislative instrument; and
(c) the instrument is required:
(i) to have its text, or particulars of its making, published in the Gazette; or
(ii) to be laid before either or both of the Houses of the Parliament without provision for its disallowance;
that requirement is unaffected by this legislation whether the instrument is made before, on or after the commencing day.

6 Definition - power delegated by the Parliament

A reference in this Act to a power delegated by the Parliament includes a reference to a power delegated by the Parliament to a rule-maker and then, under the authority of the Parliament, further delegated by the rule-maker to another rule-maker.

7 Rules of court are not legislative instruments

Rules of court for the High Court, the Federal Court of Australia, the Family Court of Australia and the Industrial Relations Court of Australia are not legislative instruments for the purposes of this Act.

8 Attorney-General may certify whether instrument is legislative instrument or not

(1) If a person or body having authority to make instruments of a particular kind is uncertain whether an instrument of that kind:
(a) that was made before the commencing day; and
(b) that is not entered in the Register;
is, or is not, a legislative instrument, the person or body may, at any time before the day that would be the last day for lodging the instrument for registration if it were a legislative instrument, apply, in writing, to the Attorney-General to determine the matter.
(2) If a person or body having authority to make an instrument of a particular kind:
(a) proposes to make an instrument of that kind on or after the commencing day; and
(b) is uncertain whether an instrument of that kind will be, or will not be, a legislative instrument;
the person or body may apply, in writing, to the Attorney-General to determine the matter.
(3) The regulations may make provision in relation to the content and form of, and manner of making, applications under subsections (1) and (2).
(4) If application is made to the Attorney-General in respect of an instrument, or an instrument of a particular kind, the Attorney-General must:
(a) determine whether that instrument is, or is not, or whether an instrument of that kind will be, or will not be, a legislative instrument; and
(b) issue a certificate, in writing, to that effect, and set out the reasons for that decision in the certificate; and
(c) give the certificate to the Principal Legislative Counsel and give a copy of the certificate to the applicant.
(5) Subject only to its reconsideration in the circumstance described in subsection (6), a certificate given by the Attorney-General under this section is, for all purposes, conclusive of the question whether the instrument to which the certificate relates is, or is not, or whether an instrument of the kind to which the certificate relates will be, or will not be, a legislative instrument.
(6) If:
(a) the Attorney-General issues a certificate under this section to the effect that a particular instrument is, or is not, or that an instrument of a particular kind will be, or will not be, a legislative instrument; and
(b) the Federal Court of Australia (the Court) subsequently reviews the decision to issue the certificate under the ADJR Act and makes an order under section 16 of that Act to quash or set aside the decision;
the Attorney-General must reconsider the matter and issue a replacement certificate.
(7) Despite section 16 of the ADJR Act, the order of the Court to quash or set aside the decision to issue a certificate under this section takes effect only from the time immediately before the issue of the replacement certificate.
(8) If the Attorney-General decides, on reconsideration of the matter:

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(a) that an instrument that he or she has certified to be a legislative instrument is not such an instrument; or
(b) that an instrument of a kind that he or she has certified will be a legislative instrument will not be such an instrument;
then:
(c) that instrument, or an instrument of that kind made after the issue of the original certificate, that would, but for its registration, have been required to be notified in the Gazette, must be so notified as soon as practicable but not later than 3 working days after the issue of the replacement certificate; and
(d) if the instrument is so notified, it is taken for all purposes always to have been notified as required; and
(e) any act or thing done in accordance with the instrument, whether before or after its notification, is validly done.
(9) If the Attorney-General decides, on reconsideration of the matter:
(a) that an instrument that he or she certified not to be a legislative instrument is such an instrument; or
(b) that an instrument of a kind that he or she has certified will not be a legislative instrument will be such an instrument;
then:
(c) that instrument, or an instrument of that kind made after the issue of the original certificate, must be registered:
(i) by the date required for registration under Division 4 of Part 4 if that Division is applicable to the instrument; or
(ii) if that Division is not applicable or that date has already passed - as soon as practicable but not later than 3 working days after the issue of the replacement certificate; and
(d) if the instrument is so registered, it is taken, for all purposes of this Act, to have been so registered within the time required by this Act for its registration; and
(e) any act or thing done in accordance with, or in reliance on, the instrument, whether before or after its registration, is taken to have been validly done.
(10) If the Attorney-General decides, on reconsideration of the matter:
(a) that an instrument that he or she has certified to be a legislative instrument is such an instrument; or
(b) that an instrument of a kind that he or she has certified will be a legislative instrument will be such an instrument;
then:
(c) the requirement for registration of that instrument or of an instrument of that kind is unaffected; and
(d) any registration of that instrument or of an instrument of that kind that is already effected remains effective.
(11) In any case where, under the ADJR Act, the Court makes an order quashing or setting aside a decision to issue a certificate under this section, the rule-maker in relation to the particular instrument, or to an instrument of a particular kind, to which the decision related, must:
(a) as soon as practicable after that order is made, notify the Principal Legislative Counsel, in writing, of the Court's decision; and
(b) as soon as practicable after the issue of a replacement certificate - give the replacement certificate to the Principal Legislative Counsel and give a copy of the certificate to the applicant for the original certificate.

9 When do provisions of legislative instruments take effect?

(1) A legislative instrument that is made on or after the commencing day, or a particular provision of such an instrument, takes effect from:
(a) the day specified in the instrument for the purposes of the commencement of the instrument or provision; or
(b) the day and time specified in the instrument for the purposes of the commencement of the instrument or provision; or
(c) the day, or day and time, of commencement of an Act, or of a provision of an Act, that is specified in the instrument for the purposes of the commencement of the instrument or provision; or
(d) in any other case - the first moment (according to the time applicable in the Australian Capital Territory) of the day next following the day when it is registered.
Note: There are certain instruments that, by virtue of subsection 67(2), are made before, but treated as having been made on, the commencing day.
(2) The effect of subsection (1) on a legislative instrument is subject to any contrary provision for commencement of the instrument in the enabling legislation for the instrument if the enabling legislation is an Act or a provision of an Act.
(3) Despite subsection (1) and section 67, an application order that:
(a) is made wholly or partly under section 111A of the Corporations Law of the Capital Territory; and
(b) is a legislative instrument;
commences when it would commence if it were not a legislative instrument to which this Act applied.

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(4) Despite subsection (1) and section 67, a legislative instrument made by the Australian Securities Commission under subsection 11(1A) of the Australian Securities Commission Act 1989 or wholly or partly under the Corporations Law of the Capital Territory commences when it would commence if it were not a legislative instrument to which this Act applied.
(5) A legislative instrument, or a provision of a legislative instrument, has no effect if, apart from this subsection, it would take effect before it is entered on the Register and as a result:
(a) the rights of a person (other than the Commonwealth or an authority of the Commonwealth) as at the time of registration would be adversely affected; or
(b) liabilities would be imposed on a person (other than the Commonwealth or an authority of the Commonwealth) in respect of anything done or omitted to be done before the time of registration.

10 Construction of legislative instruments

(1) If enabling legislation confers on a rule-maker the power to make a legislative instrument then, unless the contrary intention appears:
(a) the Acts Interpretation Act 1901 applies to any legislative instrument so made as if it were an Act and as if each provision of the legislative instrument were a section of an Act; and
(b) expressions used in any legislative instrument so made have the same meaning as in the enabling legislation; and
(c) any legislative instrument so made is to be read and construed subject to the enabling legislation, and so as not to exceed the power of the rule-maker.
(2) If any legislative instrument would, but for subsection (1), be construed as being in excess of the rule-maker's power, it is to be taken to be a valid instrument to the extent to which it is not in excess of that power.
(3) If enabling legislation confers on a rule-maker the power to make a legislative instrument:
(a) specifying, declaring or prescribing a matter or thing; or
(b) doing anything in relation to a matter or thing;
then, in exercising the power, the rule-maker may identify the matter or thing by referring to a class or classes of matters or things.
Note: This section has a parallel, in relation to instruments that are not legislative instruments, in section 46 of the Acts Interpretation Act 1901.

11 Prescribing matters by reference to other instruments

If enabling legislation authorises or requires provision to be made in relation to any matter in a legislative instrument, the legislative instrument may, unless the contrary intention appears, make provision in relation to that matter by applying, adopting or incorporating, with or without modification:
(a) the provisions of any Act, or of any legislative instrument, as in force at a particular time or as in force from time to time; or
(b) any matter contained in any other instrument or writing as in force or existing at the time when the first-mentioned legislative instrument takes effect, but not as in force or existing from time to time.
Note: This section has a parallel, in relation to instruments that are not legislative instruments, in section 46A of the Acts Interpretation Act 1901.

12 Effect of repeal of legislative instrument

The repeal of any legislative instrument, or of any provision of a legislative instrument, does not, unless the contrary intention appears in the Act or legislative instrument effecting the repeal:
(a) revive anything not in force or existing at the time at which the repeal takes effect; or
(b) affect the previous operation of the instrument or provision or anything duly done or suffered under the instrument or provision; or
(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the instrument or provision; or
(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the instrument or provision; or
(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment;
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the repealing Act or instrument had not been enacted or made.

13 This Act applies to legislative instruments relating to corporations


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Despite section 9 of the Corporations Act 1989, this Act applies in relation to:
(a) legislative instruments that are reserved laws; and
(b) legislative instruments for which the enabling legislation is a reserved law.
For this purpose, reserved law has the meaning given by section 9 of the Corporations Act 1989.

Part 2 - The responsibilities of the Principal Legislative Counsel

14 The Principal Legislative Counsel

An officer of the Senior Executive Service in the Department is to be designated by the Secretary to the Department to be the Principal Legislative Counsel.

15 Responsibilities of the Principal Legislative Counsel

The Principal Legislative Counsel is responsible for:
(a) ensuring that all legislative instruments are of a high standard; and
(b) maintaining the Register; and
(c) maintaining a database of all electronic copies given to the Principal Legislative Counsel under Part 4; and
(d) ensuring that all original legislative instruments lodged with the Principal Legislative Counsel under Part 4 (other than instruments made or approved by the Governor-General) are retained and, as necessary, transferred to the Australian Archives for storage; and
(e) delivering to each House of the Parliament copies of all legislative instruments for which, in accordance with Part 5, Parliamentary scrutiny is required.

16 Measures to ensure high standards achieved

(1) To ensure that legislative instruments are of a high standard, the Principal Legislative Counsel may take any steps he or she considers likely to promote their legal effectiveness, their clarity and their intelligibility to anticipated users.
(2) The steps referred to in subsection (1) include, but are not limited to:
(a) undertaking or supervising the drafting of legislative instruments; and
(b) scrutinising preliminary drafts of legislative instruments; and
(c) providing advice concerning the drafting of legislative instruments; and
(d) providing training in drafting and matters related to drafting to officers and employees of other Departments or agencies; and
(e) arranging the temporary secondment to other Departments or agencies of staff responsible to the Principal Legislative Counsel; and
(f) providing drafting precedents to officers and employees of other Departments or agencies.

Part 3 - Consultation before making legislative instruments

17 Purposes of this Part

(1) The purposes of this Part are:
(a) to encourage consultation before the making of legislative instruments; and
(b) to provide for procedures for consultation:
(i) that must be followed in relation to some legislative instruments likely to have a direct, or a substantial indirect, effect on business; and
(ii) that may be followed in any other case if the rule-maker considers that the procedures are appropriate.
(2) The Parliament's intention in encouraging consultation before the making of legislative instruments is to improve the quality of proposed legislative instruments by:
(a) drawing on the expertise of persons in fields relevant to the proposed instruments; and
(b) ensuring that persons likely to be affected by the proposed instruments have an adequate opportunity to comment on the policy and content of the proposed instruments.


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18 What legislative instruments require consultation?

If:
(a) a legislative instrument is proposed to be made at any time on or after the first day of the seventh month after the commencing day; and
(b) the instrument will be made under enabling legislation comprising an Act that is listed in column 1 of the table set out in Schedule 2 or, if a part of an Act is listed in column 2 of that table, under enabling legislation comprising that part of that Act;
the rule-maker must comply with the obligations of sections 20 to 25, except to the extent that the rule-maker is not required to do so because of the operation of section 28, 30 or 31 or of subsection 61(5).

19 Responsible Minister to identify any representative bodies or organisations

For the purposes of consultation procedures required by this Part, the responsible Minister in relation to a proposed legislative instrument (whether that Minister is the rule-maker or not):
(a) must decide whether or not there is a particular body or organisation that sufficiently represents, or a combination of particular bodies or organisations that together sufficiently represent, the interests of most persons, or of all persons, likely to be affected by the instrument or by instruments of that kind; and
(b) must record the decision in writing and set out the reasons for the decision.

20 Notification of intention to make a legislative instrument

A rule-maker who proposes to make a legislative instrument must, subject to sections 28 and 30 and subsection 61(5), in such manner as the rule-maker determines to be appropriate to the circumstances:
(a) notify the persons most likely to be affected by the proposed instrument or, if the responsible Minister has identified particular bodies or organisations as sufficiently representing most or all of those persons, notify those bodies or organisations:
(i) of the issues giving rise to the need for the proposed instrument; and
(ii) of the objective to be achieved by making the proposed instrument; and
(b) invite those persons, or those bodies and organisations, to make written submissions, before a date specified in the notification, commenting on the issues and the objective, and on possible ways (whether legislative or otherwise) of achieving the objective.

21 Legislative Instrument Proposals

(1) If, after consideration of the submissions (if any) made in response to a notification under section 20 concerning a proposed legislative instrument and any other relevant matters, the rule-maker continues to consider that a legislative instrument is the preferable means for achieving the objective notified under section 20, the rule-maker must, subject to sections 28 and 30 and subsection 61(5), prepare a written Legislative Instrument Proposal.
(2) A Legislative Instrument Proposal must contain:
(a) a full statement of the issues giving rise to the need for the proposed legislative instrument and of the objective of the instrument; and
(b) a statement of the various options (whether legislative or otherwise and whether raised in submissions referred to in subsection (1) or not) that may constitute viable means for achieving the objective; and
(c) a statement of the direct and indirect social and economic costs and benefits of each such option; and
(d) an evaluation of the options with a recommendation.
(3) Without limiting the generality of paragraph (2)(c), the statement of costs and benefits of an option must include:
(a) an evaluation of the impact of the option on particular groups in the community; and
(b) a statement of the costs and benefits so far as competition, resource allocation, administration and compliance are concerned; and
(c) if the option restricts competition - consideration of whether the restriction is necessary to achieve the stated objective and, if so, consideration of whether the option should be pursued despite the restriction.
(4) The rule-maker must, as soon as practicable after preparing the Legislative Instrument Proposal, submit it to the regulatory review body and seek the body's written certification that the Proposal meets the requirements of this Part.
(5) If the regulatory review body is satisfied:
(a) that the notification, under section 20, of the proposal to make a legislative instrument was adequate; and
(b) that the Legislative Instrument Proposal sufficiently addresses the

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matters that it is required to address under subsection (2);
the regulatory review body must certify in writing that the Legislative Instrument Proposal meets the requirements of this Part and set out the reasons for being so satisfied.

22 Inviting written submissions or participation in a public hearing

(1) As soon as practicable after the regulatory review body has certified that a Legislative Instrument Proposal prepared in respect of a particular legislative instrument meets the requirements of this Part, the rule-maker concerned must, subject to sections 28, 30 and 31 and subsection 61(5):
(a) invite written submissions relating to the proposed instrument; or
(b) invite participation in a public hearing relating to the proposed instrument.
(2) The responsible Minister in relation to a proposed legislative instrument may direct the rule-maker to invite participation in a public hearing relating to the proposed instrument (whether written submissions have already been invited under subsection (1) or not).
(3) The rule-maker must obey a direction to invite participation in a public hearing.
(4) The rule-maker must advise the responsible Minister if the rule-maker believes that the proposed instrument is, or is likely to be, controversial or sensitive.
(5) Subsections (2), (3) and (4) do not apply in relation to a proposed legislative instrument if the responsible Minister is the rule-maker.
(6) If the responsible Minister becomes satisfied (as a result of advice under subsection (4) or otherwise) that the proposed instrument is, or is likely to be, controversial or sensitive, the responsible Minister must:
(a) if the responsible Minister is the rule-maker - decide whether or not to invite participation in a public hearing relating to the proposed instrument; or
(b) if the responsible Minister is not the rule-maker - decide whether or not to direct the rule-maker to invite participation in a public hearing relating to the proposed instrument.
The responsible Minister must record in writing his or her decision and the reasons for it.

23 Content of an invitation

(1) An invitation under section 22 must:
(a) declare the intention to make the proposed legislative instrument; and
(b) describe how to obtain or inspect copies of the Legislative Instrument Proposal; and
(c) describe how to obtain or inspect copies of either:
(i) a statement providing a broad description of the proposed instrument; or
(ii) a preliminary draft of the proposed instrument; and
(d) if written submissions are invited - indicate the time by which, and the place at which, those submissions may be made in relation to either or both of:
(i) the Legislative Instrument Proposal; and
(ii) the statement or preliminary draft.
(2) An invitation to participate in a public hearing must also invite anyone having an interest in the proposed instrument to express his or her views at a time and place indicated in the invitation.
(3) For the purposes of paragraph (1)(d) and subsection (2), the time by which a written submission may be made or at which views may be expressed must be a time:
(a) on a day at least 21 days after the day the invitation is advertised or given; or
(b) on an earlier day specified in writing by the Attorney-General in special circumstances.
(4) If the rule-maker of a proposed legislative instrument:
(a) advertises or gives an invitation (the earlier invitation) to make written submissions relating to the proposed instrument; and
(b) later advertises or gives an invitation (the later invitation) to participate in a public hearing relating to the proposed instrument;
the time specified in the later invitation for making written submissions must not be earlier than the time specified in the earlier invitation.

24 Publicising an invitation

(1) An invitation under section 22 must be advertised in:
(a) each State; and
(b) the Jervis Bay Territory; and
(c) each inhabited external Territory where the enabling legislation for the

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proposed instrument applies.
The advertising must be included in one or more newspapers circulating in the relevant States and Territories or broadcast on electronic media received in the relevant States or Territories.
(2) An invitation under section 22 seeking written submissions concerning a proposed legislative instrument must, if the responsible Minister has, under section 19, identified at least one representative body or organisation, be given to each such body or organisation, irrespective of its being given to any other person.

25 Consideration of written submissions and submissions made at public hearing

(1) Any written submission that relates to a proposed legislative instrument and is received by the time specified in the invitation under section 22 must be considered before the proposed legislative instrument is made.
(2) Any submission made at a public hearing in relation to a proposed legislative instrument must be considered before the proposed instrument is made.
(3) If the rule-maker of a proposed legislative instrument has invited written submissions in relation to the proposed instrument and later invites participation in a public hearing relating to the proposed instrument, the later invitation does not prevent a person from making a written submission in accordance with the earlier invitation.

26 Disclosure of submissions received under this Part

(1) Subject to subsection (2), a written submission received in response to a notification under section 20, or to an invitation under section 22, concerning a proposed legislative instrument, or a part of such a submission may:
(a) be identified as a submission received in the course of consultation relating to that instrument; and
(b) be referred to in the course of that consultation; and
(c) be made available to other participants in that consultation on request.
(2) If:
(a) a person makes a submission referred to in subsection (1); and
(b) the person indicates, in writing, at the time of making the submission, that the submission, or any part of it, is sensitive;
then, to the extent that any of the activities referred to in a paragraph of subsection (1) involves a disclosure of the information contained in the submission, or in that part of the submission, that activity must not be carried out unless there has been prior consultation with the person making the submission.
(3) The Freedom of Information Act 1982 applies in relation to written submissions received under this Part.

27 Rule-maker to prepare consultation statement

(1) A rule-maker who makes a legislative instrument must, in all cases, prepare a written consultation statement in respect of the instrument.
(2) The rule-maker must indicate in the consultation statement whether, disregarding the operation of sections 28, 30 and 31 and of subsection 61(5), the rule-maker would have been required to comply with the obligations of sections 20 to 25 and:
(a) if the rule-maker would not have been so required to comply with the obligations of sections 20 to 25:
(i) indicate whether there was any consultation prior to the making of the legislative instrument; and
(ii) if there was any such consultation - provide brief particulars of that consultation; or
(b) if the rule-maker would have been so required to comply with the obligations of sections 20 to 25 - include in the consultation statement all particulars required under subsection (3).
(3) The consultation statement in respect of a legislative instrument must include:
(a) if a notification was made under section 20 in respect of the instrument - a description of that notification including a statement of the persons, bodies or organisations notified, the method of notification employed and the submissions received; and
(b) if an invitation was given under section 22 in respect of the instrument - a description of any consultation arising from that invitation including a statement of the methods of advertisement employed, the reasons for choosing the method employed, the persons, bodies or organisations invited to participate and the submissions received or views expressed; and
(c) if, under section 19, the responsible Minister had identified any body or organisation as representing some or all of the persons likely to be affected by the instrument - particulars of that body or organisation; and

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(d) if, under subsection 21(5), the regulatory review body had certified that it was satisfied of the matters referred to in paragraphs (a) and (b) of that subsection - a statement that the regulatory review body had so certified; and
(e) if, under subsection 22(6), the responsible Minister was satisfied that the instrument would be likely to be controversial or sensitive - a statement to that effect indicating the reasons for being so satisfied; and
(f) if, under subsection 23(3), the Attorney-General specified a day less than 21 days after the advertising or giving of an invitation under section 22 to respond to that invitation - a statement of the reasons for so doing; and
(g) if compliance with consultation procedures under this Part was not required because the rule-maker was satisfied of the matter referred to in subparagraph 28(1)(a)(i) or (ii) and the regulatory review body had certified that it was also satisfied of the matter - a statement that the rule-maker was so satisfied and that the regulatory review body had so certified; and
(h) if compliance with consultation procedures under this Part was not required because the rule-maker was satisfied of the matter referred to in subparagraph 28(1)(a)(iii), (iv), (v), (vi), (vii) or (viii) - a statement that the rule-maker was so satisfied; and
(i) if compliance with consultation procedures under this Part was not required because the rule-maker was satisfied under section 30 that there was an adequate reason for not complying with those procedures - a statement that the rule-maker was so satisfied; and
(j) if compliance with certain consultation procedures set out in sections 22 to 25 was not required because the regulatory review body had certified under section 21 that it was satisfied of the matters referred to in paragraphs 21(5)(a) and (b) and under section 31 that it was satisfied of the matter or matters referred to in paragraph 31(1)(b) or (2)(b) - a statement that the regulatory review body had so certified.
(4) The following documents must be attached to the consultation statement:
(a) a copy of any notification under section 20;
(b) a copy of any Legislative Instrument Proposal;
(c) if the responsible Minister identified a representative body or organisation under section 19 - a copy of the record of the responsible Minister's decision;
(d) if, under section 21, the regulatory review body certified that it was satisfied of the matters referred to in paragraphs 21(5)(a) and (b) - a copy of that certificate;
(e) if, under subsection 22(6), the responsible Minister was satisfied that a proposed legislative instrument was, or would be likely to be, controversial or sensitive - a copy of the record of the responsible Minister's decision under that subsection whether or not to hold a public hearing;
(f) if, under subsection 23(3), the Attorney-General specified a day less than 21 days after the advertising or giving of an invitation under section 22 to respond to the invitation - a copy of the writing in which the Attorney-General specified the day;
(g) if, under section 28 or 30, the rule-maker was satisfied of a matter as referred to in paragraph (3)(g), (h) or (i) - a copy of the record of the rule-maker's decision;
(h) if, under section 28, the regulatory review body certified that it was satisfied of a matter referred to in subparagraph 28(1)(a)(i) or (ii) - a copy of that certificate;
(i) if, under paragraph 31(1)(b) or (2)(b), the regulatory review body certified that it was satisfied of the matter or matters referred to in that paragraph - a copy of that certificate.

28 Circumstances in which compliance with sections 20 to 25 is not required

(1) Despite the inclusion of enabling legislation in the table set out in Schedule 2, the rule-maker is not required to comply with sections 20 to 25 in relation to the making of a legislative instrument that the rule-maker proposes to make under that enabling legislation if:
(a) the rule-maker is satisfied that:
(i) the instrument is not likely to have a direct, or a substantial indirect, effect on business; or
(ii) the instrument is of a minor or machinery nature and does not substantially alter existing arrangements; or
(iii) the instrument merely meets an obligation of the Commonwealth under an international agreement by repeating or adopting the terms of all or part of an instrument for which the agreement provides or to which the agreement makes reference; or
(iv) the instrument gives effect, in terms announced in the Budget, to a specific Budget decision within the meaning of subsection (2); or
(v) the instrument is required because of an issue of national security; or
(vi) the instrument is an airworthiness directive proposed to be made under subregulation 37A(4) of the Civil Aviation Regulations to incorporate an airworthiness directive issued by the aviation authority of the country of manufacture or design in relation to an aircraft, aircraft component or aircraft equipment; or

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(vii) the instrument is an application order proposed to be made under section 111A of the Corporations Law of the Capital Territory; or
(viii) the instrument is a Proclamation that provides solely for the commencement of that enabling legislation or of any provision of that enabling legislation; and
(b) if the rule-maker is satisfied of the matter referred to in subparagraph (a)(i) or (ii) - the regulatory review body has certified in writing that it is also satisfied of that matter and set out the reasons for being so satisfied.
(2) For the purposes of subparagraph (1)(a)(iv), a decision is a specific Budget decision only if it is a decision announced in the Budget and it proposes:
(a) to repeal, impose, or adjust a tax, fee or charge; or
(b) to confer, revoke or alter an entitlement; or
(c) to impose, revoke or alter an obligation.
(3) For the purposes of subparagraph (1)(a)(vi), an airworthiness directive issued by the aviation authority of the country of manufacture or design in relation to an aircraft, aircraft component or aircraft equipment includes an airworthiness directive issued by the aviation authority in relation to:
(a) an aircraft or a specified type or category of aircraft; or
(b) an aircraft component or a specified type or category of aircraft component; or
(c) an item of aircraft equipment or a specified type or category of aircraft equipment.
(4) If the rule-maker is satisfied of the matter referred to in a subparagraph of paragraph (1)(a), the rule-maker must record that decision in writing and set out the reasons for being so satisfied.

29 Judicial review of decisions under section 28

(1) If:
(a) sections 20 to 25 were not complied with by the rule-maker in relation to the making of a legislative instrument following a decision by the rule-maker that he or she is satisfied of a matter referred to in a subparagraph of paragraph 28(1)(a); and
(b) the Federal Court of Australia (the Court) reviews the decision under the ADJR Act; and
(c) the Court makes an order under section 16 of the ADJR Act to quash or set aside the decision;
the rule-maker must reconsider the question whether he or she is satisfied of any of the matters referred to in a subparagraph of paragraph 28(1)(a) in relation to the instrument.
(2) The rule-maker must record his or her decision on reconsidering the matter and set out the reasons for that decision.
(3) If:
(a) the rule-maker, on reconsideration of the matter, is not satisfied of any of the matters referred to in a subparagraph of paragraph 28(1)(a) in relation to the instrument; and
(b) the instrument has already come into force;
then the instrument, as in force immediately before the end of the year that begins when the rule-maker is not so satisfied, is taken to cease to be in force at the end of that year as if it had been repealed by another legislative instrument.
(4) For the purposes of subsection (3), a reference to the instrument as in force at a time includes a reference to any saving or transitional provisions relating to that instrument contained in an Act or another legislative instrument that is in force at that time.
(5) If:
(a) a legislative instrument (the amending instrument) had made amendments to another legislative instrument (the principal instrument); and
(b) the amending instrument is taken to cease to be in force at a particular time under subsection (3);
the provisions of the principal instrument as in force immediately before that time that are inserted by, or that depend on, the amending instrument are also taken to cease to be in force at that time as if they had been repealed by another legislative instrument.
(6) If:
(a) a legislative instrument or particular provisions of a legislative instrument would be taken to cease to be in force under this section (whether because of subsection (3) or (5) or because of a previous operation of this subsection) at a time (the sunsetting time); and
(b) the Attorney-General is satisfied, on written application by the rule-maker, that a proposed instrument (the replacement instrument) made in substitution for the instrument or provisions will not be able to be completed before the sunsetting time for any of the following reasons:
(i) because more time is required for the drafting of the replacement instrument;

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(ii) because more time is required for the purposes of complying with the consultation requirements in relation to the making of the replacement instrument;
(iii) because the dissolution or expiration of the House of Representatives or the prorogation of the Parliament renders it inappropriate to make any replacement instrument before a new government is formed;
then:
(c) the Attorney-General may issue a certificate providing that the first-mentioned instrument or provisions are taken to cease to be in force under this section at a specified time not later than 12 months after the sunsetting time; and
(d) if the Attorney-General issues such a certificate, the first-mentioned instrument or provisions are taken to cease to be in force at the specified time instead of the sunsetting time as if repealed by another legislative instrument.
(7) If the Attorney-General issues a certificate under paragraph (6)(c), he or she must:
(a) include in the certificate a statement of the reasons for the issue of a certificate; and
(b) cause a copy of the certificate to be laid before each House of the Parliament not later than 6 sitting days of that House after the issue of the certificate.
(8) The application made by the rule-maker in applying for a certificate under subsection (6) must:
(a) set out the steps (if any) that the rule-maker has taken, or proposes to take, to deal with the ceasing to be in force of the instrument or provisions concerned; and
(b) set out the circumstances that prevented the taking, or the completion, of such steps.

30 Rule-maker may decide not to comply with sections 20 to 25

(1) Subject to subsection (2), if:
(a) the rule-maker would, but for this subsection, be required to comply with sections 20 to 25 in relation to the making of a legislative instrument under enabling legislation that is included in the table set out in Schedule 2; and
(b) the rule-maker has not made a decision that he or she is satisfied of a matter referred to in a subparagraph of paragraph 28(1)(a) in relation to the instrument;
the rule-maker may decide not to comply with sections 20 to 25 if the rule-maker is satisfied that, in the particular circumstances of the case, there is an adequate reason for that non-compliance.
(2) The rule-maker must not make a decision under subsection (1) in relation to a legislative instrument that is substantially the same as a legislative instrument in respect of which a decision under that subsection had been made at an earlier time if the reasons for both decisions are substantially the same.
(3) The rule-maker must record a decision under subsection (1) in writing and set out the reason or reasons.
(4) If the rule-maker makes a decision under subsection (1) in relation to a legislative instrument, the legislative instrument as in force immediately before the end of the year beginning on the day of its commencement is taken to cease to be in force at the end of that year as if it had been repealed by another legislative instrument.
(5) For the purposes of subsection (4):
(a) a reference to a legislative instrument as in force at a time includes a reference to any saving or transitional provisions relating to the instrument that are contained in an Act or legislative instrument that is in force at that time; and
(b) if a legislative instrument has 2 or more days of commencement, a reference to the day of commencement of the instrument is a reference to the earliest of those days.
(6) If:
(a) a legislative instrument (the amending instrument) had made amendments to another legislative instrument (the principal instrument); and
(b) the amending instrument is taken to cease to be in force at a particular time under subsection (4);
the provisions of the principal instrument as in force immediately before that time that are inserted by, or that depend on, the amending instrument are also taken to cease to be in force at that time as if they had been repealed by another legislative instrument.
(7) If:
(a) a legislative instrument or particular provisions of a legislative instrument would be taken to cease to be in force under this section (whether because of subsection (4) or (6) or because of a previous operation of this subsection) at a time (the sunsetting time); and
(b) the Attorney-General is satisfied, on written application by the

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rule-maker, that a proposed instrument (the replacement instrument) made in substitution for the instrument or provisions will not be able to be completed before the sunsetting time for any of the following reasons:
(i) because more time is required for the drafting of the replacement instrument;
(ii) because more time is required for the purposes of complying with the consultation requirements in relation to the making of the replacement instrument;
(iii) because the dissolution or expiration of the House of Representatives or the prorogation of the Parliament renders it inappropriate to make any replacement instrument before a new government is formed;
then:
(c) the Attorney-General may issue a certificate providing that the first-mentioned instrument or provisions are taken to cease to be in force under this section at a specified time not later than 12 months after the sunsetting time; and
(d) if the Attorney-General issues such a certificate, the first-mentioned instrument or provisions are taken to cease to be in force at the specified time instead of the sunsetting time as if repealed by another legislative instrument.
(8) If the Attorney-General issues a certificate under paragraph (7)(c), he or she must:
(a) include in the certificate a statement of the reasons for the issue of a certificate; and
(b) cause a copy of the certificate to be laid before each House of the Parliament not later than 6 sitting days of that House after the issue of the certificate.
(9) The application made by the rule-maker in applying for a certificate under subsection (7) must:
(a) set out the steps (if any) that the rule-maker has taken, or proposed to take, to deal with the ceasing to be in force of the instrument or provisions concerned; and
(b) set out the circumstances that prevented the taking, or the completion, of such steps.

31 Non-compliance with sections 22 to 25 where alternative requirement provided by enabling legislation

(1) If the regulatory review body:
(a) has certified, under section 21, that a Legislative Instrument Proposal meets the requirements of this Part; and
(b) certifies under this paragraph, that the consultation required to be undertaken by the rule-maker in relation to the making of the instrument under the enabling legislation or an enabling agreement constitutes a level of consultation comparable with that required under sections 22, 23, 24 and 25;
the rule-maker is not required to comply with sections 22, 23, 24 and 25 in relation to that instrument.
(2) If the regulatory review body:
(a) has certified, under section 21, that a Legislative Instrument Proposal meets the requirements of this Part; and
(b) certifies, under this paragraph, that, in the particular circumstances of the case:
(i) the costs of undertaking consultation in accordance with sections 22, 23, 24 and 25 in relation to the legislative instrument would outweigh any benefits from that consultation; and
(ii) the consultation required to be undertaken by the rule-maker in relation to the making of the instrument under the enabling legislation or an enabling agreement constitutes a sufficient level of consultation;
the rule-maker is not required to comply with sections 22, 23, 24 and 25 in relation to that instrument.
(3) In this section:
enabling agreement, in relation to a legislative instrument, means an agreement between the Commonwealth and a State or States, or an international agreement, pursuant to which the enabling legislation for the legislative instrument is enacted.

32 Modified consultation procedures for legislative instruments for Territories

(1) Sections 19 to 31 apply, with any modifications prescribed by the regulations, in relation to a proposed legislative instrument that:
(a) is to be made in the exercise of a power delegated by the Parliament at any time in an Act providing for the government of a Territory; and
(b) is to be an instrument described in that Act as an Ordinance or as a rule, regulation by-law or plan of management made under such an Ordinance.
(2) The regulations may prescribe different modifications for the purposes of proposed instruments to be made under Acts providing for the government of different Territories.
(3) In this section:

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modifications includes additions, omissions and substitutions.
Territory includes the external Territories but does not include the Australian Capital Territory or the Northern Territory.

33 Consequence of a failure to seek submissions

A failure to comply with this Part does not affect the validity or enforceability of a legislative instrument.

34 Alterations to table in Schedule 2

The regulations may, from time to time, amend the table set out in Schedule 2:
(a) so as to have the effect of including in the table enabling legislation (whenever enacted or made and whether amended or not) that authorises the making of legislative instruments that will be likely to have a direct, or a substantial indirect, effect on business; or
(b) so as to have the effect of omitting from the table enabling legislation (whenever enacted or made and whether amended or not) if that legislation has ceased to be appropriate for inclusion in the table:
(i) because it has been repealed or revoked, or amended so as no longer to authorise the making of legislative instruments; or
(ii) because no legislative instruments authorised by that legislation will any longer be likely to have a direct, or a substantial indirect, effect on business.
Note: Regulations having the effect of omitting enabling legislation from the table set out in Schedule 2 require the consent of the Attorney-General. See subsection 75(3).

Part 4 - The Federal Register of Legislative Instruments

Division 1 - Preliminary

35 The purpose of the Part

The purpose of this Part is to establish the Federal Register of Legislative Instruments and to set out the circumstances in which documents are required to be entered on the Register, the procedures for entering those documents and the consequences of failing to enter those documents.

Division 2 - The Register

36 Federal Register of Legislative Instruments

(1) There is to be kept in the Department, under the control of the Principal Legislative Counsel, a register of legislative instruments to be known as the Federal Register of Legislative Instruments.
(2) The Register is to be divided into 4 parts, Part A, Part B, Part C and the Index to the Register.
(3) Parts A, B and C consist respectively of scanned images of documents entered on the Register in accordance with the requirements of Divisions 3, 4 and 5.
(4) The Index is an index to the material contained in Parts A, B and C prepared in accordance with Division 6.

37 Register to be kept by computer

(1) The Register is to be kept by use of a computer as provided by the regulations.
(2) The regulations may provide for the manner in which the Register is to be kept including, but without limiting the generality of subsection (1), the manner of:
(a) recording information required to be kept on the Register (whether by electronic scanning of documents or otherwise); and
(b) altering entries on the Register; and
(c) providing access to information on the Register.

38 Inspection of the Register

(1) The Principal Legislative Counsel must ensure that the Register is able to be inspected by the public.

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(2) The Principal Legislative Counsel is taken to comply with subsection (1) by ensuring that members of the public have reasonable access:
(a) to computer terminals to inspect the Index to the Register; and
(b) to copies of instruments and information contained in the Register.

39 The status of the Register and judicial notice of legislative instruments

(1) The Register is, for all purposes, to be taken to be a complete and accurate record of the documents whose particulars are contained within it.
(2) In any proceedings, proof is not required about the provisions and coming into operation (in whole or in part) of a legislative instrument:
(a) that is extracted from the Register; and
(b) that is printed by the Government Printer.
(3) A court or tribunal may inform itself about those matters in any way that it thinks fit.
(4) It is presumed, unless the contrary is proved, that a document that purports:
(a) to be an extract from Part A, B or C of the Register; and
(b) to have been printed by the Government Printer;
is what it purports to be.
(5) If:
(a) subsection (4) applies to a document; and
(b) the document purports to be a copy of, or to be a copy of a part of, a document that was registered in Part A, B or C of the Register on a particular day and at a particular time;
then it is presumed, unless the contrary is proved and subject to the operation of section 71 in the circumstances described in that section, that the last-mentioned document was registered in that Part of the Register on that day and at that time.

40 Rectification of Register

(1) If:
(a) the Principal Legislative Counsel becomes aware that the Register is erroneous because of a mistake, an omission, or a false entry in Part A, B or C of the Register; and
(b) the Principal Legislative Counsel is satisfied that:
(i) the error can be rectified; and
(ii) the error lies in the document as it appears in the Register and not in the document (whether an original document or a copy of an original document) in the form in which it was lodged for registration;
the Principal Legislative Counsel must rectify the error as soon as possible.
(2) The Principal Legislative Counsel may alter the Index at any time for any purpose whatsoever, including:
(a) the making of changes necessitated by a rectification of the Register under subsection (1); or
(b) the annotation of the Index to provide information concerning the disallowance, repeal or revival of a legislative instrument or a provision of a legislative instrument, the revocation of an Attorney-General's certificate or any other information that the Principal Legislative Counsel considers likely to be useful to users of the Register.

Division 3 - Registration of legislative instruments in
Part A

41 What legislative instruments can be registered in Part A?

If a legislative instrument:
(a) is made on or after the commencing day; or
(b) is to be treated, under subsection 67(2), as if made on that day;
the legislative instrument must be registered in Part A.

42 Ordinary procedure for registration in Part A

(1) If a legislative instrument is required to be registered under section 41, the rule-maker must, as soon as possible after the making of that legislative instrument, lodge the original instrument for registration with the Principal Legislative Counsel.
(2) Subsection 55(2) (which provides that certain instruments are enforceable even if they have not been registered) does not affect subsection (1). This subsection is for the avoidance of doubt.
(3) If:
(a) the Principal Legislative Counsel has no reason to doubt that the instrument lodged is the original instrument concerned; and
(b) a copy of the instrument has not already been registered under section

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43;
the Principal Legislative Counsel must register the instrument.

43 Registration of copies in certain circumstances

(1) The Principal Legislative Counsel may register a copy of an original legislative instrument if he or she is satisfied that:
(a) registration is urgently required; and
(b) the rule-maker is unable to lodge the original instrument on the day on which, or at the time at which, registration is sought; and
(c) the copy is a true copy of the original instrument; and
(d) the rule-maker gives the Principal Legislative Counsel a written assurance that the original instrument will be lodged as soon as possible and not later than 3 working days after registration of the copy.
(2) The copy must:
(a) be a good quality copy of the original instrument on A4 paper; and
(b) show signatures and dates as appearing on the original instrument; and
(c) show all of the material printed on the original instrument; and
(d) show the handwritten notations (if any) appearing on the original instrument.

44 Explanatory statement to be lodged with Principal Legislative Counsel

(1) The rule-maker must, at the time of, or as soon as practicable after, lodging a legislative instrument, or a copy of a legislative instrument, with the Principal Legislative Counsel for registration in Part A, also lodge with the Principal Legislative Counsel a statement to be known as the explanatory statement explaining the purpose and operation of the instrument.
(2) The explanatory statement:
(a) must also contain:
(i) if any documents are incorporated in the instrument by reference - a description of the documents so incorporated; and
(ii) a statement explaining how the instrument was drafted and describing any steps that were taken under section 16 to ensure the instrument would be of a high standard; and
(iii) a statement indicating whether either or both of a notification under section 20 or an invitation under section 22 has been given in respect of the instrument; and
(b) must be accompanied by a consultation statement in respect of the instrument prepared under section 27.
(2A) If the Attorney-General issues a certificate under subsection 5(4A) in relation to a declaration that, on or after the commencing day, is included in a legislative instrument, the explanatory statement relating to the legislative instrument in which, or by which, that declaration is included must be accompanied by a copy of the certificate.
(3) A failure by the rule-maker to provide the explanatory statement in relation to an instrument in accordance with subsection (1) does not affect the validity or enforceability of the instrument.
Note: The obligation imposed on a rule-maker to comply with this section is not affected by the rule-maker's compliance with subsection 59(2).

45 Obligation to provide original instrument

If a copy of an original legislative instrument has been registered under section 43, the rule-maker must lodge the original instrument with the Principal Legislative Counsel in accordance with the assurance given under that section.

46 Original instrument to be retained by the Principal Legislative Counsel

(1) Original instruments received by the Principal Legislative Counsel under section 42 or 45 are to be retained by the Principal Legislative Counsel and, as necessary, transferred to the Australian Archives for storage.
(2) Subsection (1) does not apply to an original instrument that is made or approved by the Governor-General.

47 Obligation to provide electronic copy of instrument

Within 3 working days of an instrument being registered, whether registration takes place by use of the original instrument or a copy of the original instrument, the rule-maker must give the Principal Legislative Counsel an electronic copy of the instrument in accordance with the regulations.

Division 4 - Registration of legislative instruments in Part B


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48 What legislative instruments are to be registered in Part B?

If:
(a) a legislative instrument was made before the commencing day; and
(b) the legislative instrument is not required to be treated under subsection 67(2) as if it had been made on that day; and
(c) the legislative instrument is in force;
the legislative instrument must be registered in Part B.

49 Ordinary procedure for registration in Part B

(1) If:
(a) a legislative instrument is required to be registered under section 48; and
(b) the legislative instrument is made during a period referred to in the table below; and
(c) the legislative instrument has not already been registered in Part B;
the rule-maker must, before the day set out in the table in respect of the period, lodge for registration with the Principal Legislative Counsel:
(d) the original instrument; and
(e) if the instrument amends another instrument (the principal legislative instrument) that has not already been registered in Part B:
(i) the original of the principal legislative instrument; and
(ii) the original of each other legislative instrument (if any) that is required to be registered in Part B and that amends the principal legislative instrument.

Lodgment of legislative instruments made before commencing day


Item

Period within which legislative instrument made

Day before which lodgment required

1

1 January 1990 to the day before the commencing day

The first day of the ninth month after the commencing day

2

1 January 1980 - 31 December 1989

The first day of the 15th month after the commencing day

3

Before January 1980

The first day of the 27th month after the commencing day

(2) If:
(a) a legislative instrument is made on or after the commencing day; and
(b) the legislative instrument amends another legislative instrument (the principal legislative instrument) made before the commencing day;

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and
(c) the principal legislative instrument has not already been registered in Part B;
the rule-maker must lodge for registration with the Principal Legislative Counsel before the day determined in accordance with subsection (3):
(d) the original of the principal legislative instrument; and
(e) the original of any other legislative instrument that is required to be registered under Part B and that amends the principal legislative instrument.
(3) For the purposes of subsection (2), the day by which originals of instruments must be lodged for registration is:
(a) the day determined under subsection (1) if there had been no amendment of the principal legislative instrument (within the meaning of that subsection) after the commencing day; or
(b) the day occurring 28 days after the registration of the first-mentioned legislative instrument in subsection (2);
whichever first occurs.
(4) If:
(a) the Principal Legislative Counsel has no reason to doubt that an instrument lodged in accordance with this section is the original instrument concerned; and
(b) a copy of the instrument has not already been registered under section 50;
the Principal Legislative Counsel must register the instrument.
Note: Section 56 describes what happens if a legislative instrument required to be registered in Part B of the Register is not registered on or before the last day for lodging the instrument for registration.
(5) Subsections 56(3) and (5) (which provide for some legislative instruments to continue in force even if they are not lodged for registration as required by this section) do not affect the requirements of this section. This subsection is for the avoidance of doubt.
Example 1: Legislative instrument B was made in 1991 and it amends legislative instrument C that was made in 1960 and is yet to be registered. Under subsection (1) both instruments will be required to be registered in Part B of the Register before the first day (the deadline day) of the ninth month after the commencing day unless the making of a further instrument that also amends instrument C has the effect, as in example 2, of requiring registration of instruments B and C at an earlier time.
Example 2: If legislative instrument C in example 1 is amended both by instrument B in that example and also by another instrument, namely instrument A that is made after the commencing day and before the deadline day, subsection (2) requires legislative instruments B and C to be registered in Part B of the Register before the earlier of the deadline day and a day 28 days after the registration (in Part A of the Register) of instrument A .

50 Registration of copies in certain circumstances

(1) The Principal Legislative Counsel may register a copy of an original legislative instrument if he or she is satisfied that:
(a) the original instrument:
(i) is no longer in existence; or
(ii) cannot reasonably be located; and
(b) the copy is a true copy of the original instrument.
(2) The copy must:
(a) be a good quality copy of the original instrument, on A4 paper; or
(b) if the instrument was originally published in the Gazette or in the Statutory Rules series - consist of a copy of the full text of the instrument as so published.
(3) The Principal Legislative Counsel may register a document, being a copy of the full text of a legislative instrument that:
(a) was made or approved by the Governor-General; and
(b) was published in the Statutory Rules series;
if the Principal Legislative Counsel is satisfied that the document is a true copy of the full text of the instrument as it was approved or made by the Governor-General.

Division 5 - Registration of Attorney-General's certificates

51 Attorney-General's certificates are to be registered in Part C

A certificate issued by the Attorney-General under section 8 must be registered in Part C of the Register as soon as practicable after its receipt by the Principal Legislative Counsel.

Division 6 - The Index


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52 Information to be supplied for the Index

(1) The Principal Legislative Counsel is to be responsible for the creation and maintenance in the Register of an index to the documents whose texts are in Parts A, B and C of the Register.
(2) So far as the Index relates to documents whose texts are in Parts A and B, the Index is to be compiled, in part, from information supplied by the rule-maker in accordance with subsection (3).
(3) Information referred to in subsection (2) must:
(a) be provided:
(i) with the original instrument lodged under section 42 or 49; or
(ii) with the copy of the instrument lodged under section 43 or 50; and
(b) have such content and be in such form as the regulations provide.
(4) Without limiting the generality of subsection (1), the Index is to contain:
(a) in respect of a legislative instrument:
(i) the identifying number of the instrument; and
(ii) the name of the enabling legislation; and
(iii) the particular provision of the enabling legislation under which the instrument was made; and
(iv) the time and date of registration of the instrument; and
(v) a brief description of the subject matter of the instrument; and
(vi) a reference to any document incorporated in the instrument; and
(vii) if, at the time of the registration of the instrument, the instrument or a provision of the instrument would be taken to cease to be in force at a particular time under section 30 or 66 - the time at which the instrument or provision will be so taken to cease to be in force; and
(viii) if the instrument or provision of the instrument would be taken to cease to be in force at a particular time as a result of a decision made under subsection 29(1) - the time at which the instrument or provision would be so taken to cease to be in force; and
(ix) if, as a result of a reconsideration of the question whether an instrument is or is not a legislative instrument, the instrument is lodged for registration under Division 3 of Part 4 in accordance with paragraph 8(9)(c) later than would have been the case if the instrument had originally been determined to be a legislative instrument - the fact that the instrument is lodged late in accordance with that paragraph and brief particulars of the identifying numbers of the original and replacement certificates under section 8 that relate to the instrument; and
(x) if, as a result of a reconsideration of the question whether an instrument is or is not a legislative instrument, the instrument is lodged for registration under Division 4 of Part 4 in accordance with paragraph 8(9)(c) later than the day required for its lodgment under that Division - the fact that the instrument is lodged late in accordance with that paragraph and brief particulars of the identifying numbers of the original and replacement certificates under section 8 that relate to the instrument; and
(xi) any other information prescribed for the purpose of this paragraph; and
(b) in respect of a certificate under section 8:
(i) the identifying number of the certificate; and
(ii) the name of the enabling legislation under which the instrument the subject of the certificate was, or would be, made; and
(iii) the particular provision of that legislation under which the instrument was, or would be, made; and
(iv) the time and date of registration of the certificate; and
(v) a brief description of the subject matter of the instrument or kind of instrument in respect of which the certificate was given; and
(vi) if the decision to issue the certificate is quashed by the Federal Court of Australia - brief particulars of the Court's decision and the identifying number of the related replacement certificate; and
(vii) if the certificate is a replacement certificate - full particulars of the information referred to in subparagraphs (i) to (v), and, if any information is prescribed under subparagraph (viii), of that information, in respect of the replacement certificate; and
(viii) any other information prescribed for the purpose of this paragraph.
(5) In addition to the matters referred to in subsection (4), the Principal Legislative Counsel must use his or her best endeavours to ensure that the information in the Index in relation to a legislative instrument includes:
(a) if the Federal Court of Australia has quashed or set aside a decision by the rule-maker made under paragraph 28(1)(a) in relation to the legislative instrument - details of the Court's decision; and
(b) if the rule-maker has made a further decision under paragraph 28(1)(a) in relation to the legislative instrument on reconsideration of a decision so quashed or set aside - details of that further decision; and
(c) if the instrument, or a provision of the instrument, has been amended by an Act - a statement of that fact; and
(d) if the instrument is not operative because the Act or other legislative instrument under which the first-mentioned instrument was made has been revoked or repealed or has ceased to have effect - a statement of that fact.

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53 Further material to be included in the Index

(1) If the rule-maker of a registered legislative instrument ever becomes aware that the instrument, or a provision of the instrument, was not validly made, the rule-maker must forthwith inform the Principal Legislative Counsel, in writing, that the rule-maker is so aware and of the reason for the invalidity.
(2) If the Principal Legislative Counsel is satisfied, either by notice provided under subsection (1) or otherwise, that a registered instrument, or a provision of a registered instrument, was not validly made, the Principal Legislative Counsel must annotate the Register to that effect.

54 Attorney-General to notify Parliament of Index deficiencies

(1) If, at any time, the Attorney-General becomes aware that an entry required to be made in the Index in relation to a legislative instrument or to a certificate given by the Attorney-General has not been made, the Attorney-General must, within 6 sitting days of each House of the Parliament after becoming so aware, lay before that House a statement explaining why the entry has not been made.
(2) The obligation imposed under subsection (1) does not extend to any deficiency in the Index that arises:
(a) because of a failure to include information of the kind referred to in subsection 52(5); or
(b) because of a minor clerical error in, or omission from, the information included in the Index.

Division 7 - Effect of registration

55 Effect of failure to register a legislative instrument in Part A

(1) A legislative instrument that is required to be registered in Part A is not enforceable by or against the Commonwealth, or by or against any other person or body, unless the instrument is registered.
(2) Despite subsection (1), a legislative instrument that was required to be registered in Part A but was not registered before it commenced is taken to have been enforceable from its commencement until the time it was registered if:
(a) the instrument:
(i) is an application order made wholly or partly under section 111A of the Corporations Law of the Capital Territory; or
(ii) was made by the Australian Securities Commission under subsection 11(1A) of the Australian Securities Commission Act 1989 or wholly or partly under the Corporations Law of the Capital Territory; and
(b) the Attorney-General certifies in writing that:
(i) he or she is satisfied that the responsible officer was unaware of the requirement to register the instrument; and
(ii) in the circumstances it was reasonable for the responsible officer to be unaware of the requirement; and
(c) the instrument is lodged with the Principal Legislative Counsel for registration in Part A within 28 days after the responsible officer becomes aware of the requirement for registration.
(3) For the purposes of subsection (2), the responsible officer for a legislative instrument is:
(a) if the legislative instrument is an application order referred to subparagraph (2)(a)(i) - the Secretary to the Treasury; and
(b) if the legislative instrument is a legislative instrument referred to in subparagraph (2)(a)(ii) - the Chairperson of the Australian Securities Commission.

56 Effect of failure to register a legislative instrument in Part B

(1) This section applies to a legislative instrument if:
(a) the instrument is required to be registered in Part B; and
(b) the original instrument, or a copy of it, is not registered on or before the last day for lodging the instrument for registration (the last lodgment day) worked out under section 49.
(2) On the day after the last lodgment day, the instrument:
(a) ceases to be enforceable by or against the Commonwealth, or by or against any other person or body; and
(b) is taken to have been repealed by this Act.
(3) Despite subsection (2), an instrument is taken to have continued in force after the last lodgment day if:
(a) the instrument is connected with the collection of revenue; and
(b) the Attorney-General certifies in writing that:

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(i) he or she is satisfied that the responsible officer was unaware of the requirement to register the instrument; and
(ii) in the circumstances it was reasonable for the responsible officer to be unaware of the requirement; and
(c) the instrument is lodged with the Principal Legislative Counsel for registration in Part B of the Register within 28 days after the responsible officer becomes aware of the requirement for registration.
(4) For the purposes of subsection (3), the responsible officer for a legislative instrument is:
(a) if the enabling legislation for the instrument is a taxation law (as defined in the Taxation Administration Act 1953) - the Commissioner of Taxation; or
(b) if the enabling legislation is a law of customs or excise (as defined in the Customs Administration Act 1985) - the Chief Executive Officer of Customs; or
(c) if the enabling legislation for the instrument is not described in paragraph (a) or (b) - the Secretary to the Department that is administered by the responsible Minister.
(5) Despite subsection (2), an instrument is taken to have continued in force after the last lodgment day if:
(a) the instrument:
(i) is an application order made wholly or partly under section 111A of the Corporations Law of the Capital Territory; or
(ii) was made by the Australian Securities Commission under subsection 11(1A) of the Australian Securities Commission Act 1989 or wholly or partly under the Corporations Law of the Capital Territory; and
(b) the Attorney-General certifies in writing that:
(i) he or she is satisfied that the responsible officer was unaware of the requirement to register the instrument; and
(ii) in the circumstances it was reasonable for the responsible officer to be unaware of the requirement; and
(c) the instrument is lodged with the Principal Legislative Counsel for registration in Part B of the Register within 28 days after the responsible officer becomes aware of the requirement for registration.
(6) For the purposes of subsection (5), the responsible officer for a legislative instrument is:
(a) if the legislative instrument is an application order referred to subparagraph (5)(a)(i) - the Secretary to the Treasury; and
(b) if the legislative instrument is a legislative instrument referred to in subparagraph (5)(a)(ii) - the Chairperson of the Australian Securities Commission.

Part 5 - Parliamentary scrutiny of legislative instruments

57 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 may be disallowed, as well as the consequences of disallowance.

58 Tabling of legislative instruments

(1) A copy of each legislative instrument required under Division 3 of Part 4 to be registered must be laid before each House of the Parliament not later than 6 sitting days of that House after the instrument is registered and, for that purpose, must be delivered to that House by the Principal Legislative Counsel.
(2) For the avoidance of doubt, subsection (1) applies in relation to any legislative instrument made on or after the commencing day even though the enabling legislation for legislative instruments of that kind:
(a) may have been enacted or made before the commencing day; and
(b) may have provided that legislative instruments of that kind are not disallowable.
(3) If a copy of a legislative instrument that is required to be laid before each House of the Parliament is not so laid in accordance with this section, the legislative instrument thereupon ceases to have effect.

59 Additional material to be tabled with the legislative instrument

(1) If a rule-maker lodges an explanatory statement relating to a legislative instrument with the Principal Legislative Counsel:
(a) at the time of lodging the legislative instrument for registration; or
(b) at a later time before a copy of the legislative instrument is delivered to each House of the Parliament to be laid before it;

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the Principal Legislative Counsel must also deliver to that House, to be laid before it, with the copy of that legislative instrument, a copy of that explanatory statement and of any documents required to accompany the explanatory statement under section 44 that were lodged with the explanatory statement.
(2) If a rule-maker fails to lodge with the Principal Legislative Counsel an explanatory statement or any document (the missing document) required to accompany the explanatory statement relating to a legislative instrument before the Principal Legislative Counsel delivers a copy of the instrument to a particular House of the Parliament, the rule-maker must, as soon as possible, deliver to that House, to be laid before it:
(a) a copy of the explanatory statement or missing document; and
(b) a written statement why the explanatory statement or missing document was not provided to the Principal Legislative Counsel in time to be delivered to the House with the legislative instrument.

60 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.

61 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 after a copy of the instrument was laid before that House; and
(b) within 15 sitting days of that House after the giving of that notice, the House passes a resolution, in pursuance of the motion, disallowing the instrument or provision;
the instrument or provision so disallowed thereupon ceases to have effect.
(2) If:
(a) notice of a motion to disallow a legislative instrument or a provision of a legislative instrument is given in a House of the Parliament within 15 sitting days of that House after a copy of the instrument was laid before that House; and
(b) at the end of 15 sitting days of that House after the giving of that notice of motion:
(i) the notice has not been withdrawn, the motion has not been called on, and the House has not passed a resolution deferring its consideration; or
(ii) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;
the instrument or provision specified in the motion is thereupon taken to have been disallowed and ceases at that time to have effect.
(3) If:
(a) notice of a motion to disallow a legislative instrument or a provision of a legislative instrument is given in a House of the Parliament within 15 sitting days of that House after a copy of the instrument was laid before that House; and
(b) before the end of 15 sitting days of that House after the giving of that notice of motion, the House of Representatives is dissolved or expires, or the Parliament is prorogued; and
(c) at the time of the dissolution, expiry or prorogation, as the case may be:
(i) the notice has not been withdrawn, the motion has not been called on, and the House has not passed a resolution deferring its consideration; or
(ii) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;
the legislative instrument is taken, for the purposes of subsections (1) and (2), to have been laid before the first-mentioned House on the first sitting day of that first-mentioned House after the dissolution, expiry or prorogation, as the case may be.
(4) If:
(a) notice of a motion to disallow a legislative instrument or a provision of a legislative instrument is given in a House of the Parliament within 15 sitting days of that House after a copy of the instrument was laid before that House; and
(b) within 15 sitting days of that House after the giving of that notice, the House passes a resolution deferring consideration of the motion for a period specified in the resolution (the deferral period) starting at the passing of the resolution and not exceeding 6 months; and
(c) the resolution is expressed to defer consideration of the motion so as to enable the remaking or the amendment of the instrument or provision within the deferral period to achieve an objective specified in the resolution;

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subsections (2) and (3) have effect as if:
(d) the reference in each subsection to the end of 15 sitting days of a House after the giving of notice of a motion to disallow the instrument or provision were a reference to the end of the first sitting day of that House after the deferral period fixed in respect of the motion; and
(e) the references in each subsection to the House not passing a resolution deferring consideration of the motion were omitted.
(5) If a House of the Parliament passes a resolution deferring consideration of a motion to disallow a legislative instrument or a provision of a legislative instrument, the rule-maker, in making a further legislative instrument (the new instrument) either amending, or repealing and replacing, the original instrument so as to achieve the objective specified in the resolution, is not required to enter into further consultation under Part 3 or to prepare a consultation statement under section 27 of that Part.
(6) When a new instrument is made:
(a) the rule-maker is required to lodge the instrument with the Principal Legislative Counsel for registration in accordance with the requirements of this Act; and
(b) the explanatory statement to be lodged with the Principal Legislative Counsel concerning the instrument is not required to contain a statement of the kind referred to in subparagraph 44(2)(a)(iii) but must:
(i) indicate that the instrument has been prepared in accordance with this section to achieve an objective specified in the resolution deferring consideration; and
(ii) indicate whether further consultation has occurred and, if so, the nature of that consultation; and
(c) the Principal Legislative Counsel must attend to the delivery to the Parliament of the instrument and of the related explanatory statement in accordance with the requirements of this Part.
(7) This section does not apply in relation to a legislative instrument, or a provision of a legislative instrument, made on or after the commencing day, if the enabling legislation for the instrument:
(a) facilitates the establishment or operation of an intergovernmental body or scheme involving the Commonwealth and one or more States; and
(b) allows legislative instruments of that kind to be made by the body or for the purposes of the body or scheme; and
(c) either:
(i) had the effect that legislative instruments of that kind could not be disallowed before the commencing day; or
(ii) has the effect that legislative instruments of that kind cannot be disallowed.
(8) This section does not apply in relation to the following instruments or provisions of the following instruments:
(a) a Proclamation that provides solely for the commencement of an Act or of a provision of an Act;
(b) a certificate issued by the Attorney-General under subsection 5(4A), 29(6), 30(7), 66(7) or 66(9);
(c) a Proclamation under section 5 of the Flags Act 1953;
(ca) a legislative instrument (other than a regulation) under Part 1, 2 or 9 of the Migration Act 1958, or a legislative instrument under Part 1, 2 or 5, or Schedule 2 or 6, of the regulations made under that Act;
(d) a Proclamation under section 2A, 2B or 12, subsection 13(1), section 20B, subsection 26(2) or section 26A of the Quarantine Act 1908;
(e) a legislative instrument that, in accordance with the provisions of the enabling legislation, does not come into operation unless it is approved by either or both of the Houses of the Parliament;
(f) a rule or order made:
(i) under the Courses and Degrees Statute of the Australian National University; or
(ii) if that Statute is repealed and replaced with another Statute of the University to the same effect - under that other Statute;
(g) a rule or order made:
(i) under the Academic Progress Statute 1990 of the University of Canberra; or
(ii) under the Courses and Awards Statute 1992 of that University; or
(iii) under the Honorary Degrees Statute 1992 of that University; or
(iv) if any of those Statutes is repealed and replaced with another Statute to the same effect - under that other Statute.

62 Effect of a legislative instrument ceasing to have effect

(1) If a legislative instrument, or a provision of a legislative instrument (the affected instrument or provision), ceases, at a particular time, to have effect under subsection 58(3) or 61(1) or (2), the operation of that subsection in relation to the affected instrument or provision has the same effect as if the affected instrument or provision had been repealed with effect from that time.
(2) If:
(a) the affected legislative instrument or provision ceases, at a particular

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time, to have effect under subsection 58(3) or 61(1) or (2); and
(b) the affected instrument or provision repealed, in whole or in part, another legislative instrument or law, or a provision of another legislative instrument or law, that was in force immediately before the time when the affected instrument or provision came into operation;
the operation of that subsection has the effect of reviving the other legislative instrument, law or provision, from that first-mentioned time, as if the affected instrument or provision had not been made.

63 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 58(1), before both Houses of the Parliament on the same day - that day; or
(b) if the original legislative instrument was so laid before both Houses on different days - the later of those days; or
(c) if the original legislative instrument has not been so laid before both Houses - the last day on which subsection 58(1) could have been complied with.
(3) An instrument made in contravention of this section has no effect.

64 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 after the instrument has been laid before that House, a legislative instrument, or a provision of a legislative instrument, that is the same in substance as the first-mentioned instrument or provision, must not be made unless:
(a) the notice has been withdrawn; or
(b) the instrument or provision is taken to have been disallowed under subsection 61(2); or
(c) the motion has been withdrawn or otherwise disposed of; or
(d) subsection 61(3) has applied in relation to the instrument.
(2) If:
(a) because of subsection 61(3), a legislative instrument is taken to have been laid before a House of the Parliament on a particular day; and
(b) notice of a motion to disallow the instrument or a provision of the instrument has been given in that House within 15 sitting days after that day;
a legislative instrument, or a provision of a legislative instrument, that is the same in substance as the first-mentioned instrument or provision must not be made unless:
(c) the notice has been withdrawn; or
(d) the first-mentioned instrument or provision is taken to have been disallowed under subsection 61(2); or
(e) the motion has been withdrawn or otherwise disposed of; or
(f) subsection 61(3) has applied again in relation to the first-mentioned instrument.
(3) A legislative instrument or a provision of a legislative instrument made in contravention of this section has no effect.
(4) This section does not limit the operation of section 63 or 65.
(5) If a legislative instrument or a provision of a legislative instrument has been the subject of a resolution under subsection 61(4), this section does not prevent the making of an instrument whose sole effect is to remake or amend the legislative instrument or provision so as to achieve an objective specified in that resolution.

65 Disallowed legislative instruments not to be remade unless disallowance resolution rescinded or House approves

(1) If, under section 61, a legislative instrument or a provision of a legislative instrument is disallowed, or is taken to have been disallowed, a legislative instrument, or a provision of a legislative instrument, that is the same in substance as the first-mentioned instrument or provision must not be made within 6 months after the day on which the first-mentioned instrument or provision was disallowed or was taken to have been disallowed unless:
(a) if the first-mentioned instrument or provision was disallowed by resolution - the resolution has been rescinded by the House of the Parliament by

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which it was passed; or
(b) if the first-mentioned instrument or provision was taken to have been disallowed - the House of the Parliament in which notice of the motion to disallow the instrument or provision was given by resolution approves the making of a legislative instrument or provision the same in substance as the first-mentioned instrument or provision.
(2) Any legislative instrument or provision made in contravention of this section has no effect.

Part 6 - Sunsetting of legislative instruments

66 Sunsetting of legislative instruments

(1) This section does not apply to:
(a) any legislative instrument that gives effect to an international obligation of Australia; or
(b) any legislative instrument that confers heads of power on a self-governing Territory; or
(c) any legislative instrument that establishes a body having power to enter into contracts for the purposes of the body's functions; or
(d) a Proclamation under section 5 of the Flags Act 1953; or
(e) a Proclamation that provides solely for the commencement of an Act or a provision of an Act.
(2) Subject to subsections (5), (6) and (7), if a legislative instrument to which this section applies (the principal legislative instrument):
(a) is made before the commencing day and does not amend an earlier legislative instrument that continues in force after the making of the principal legislative instrument; and
(b) is required to be lodged for registration in Part B of the Register before a day (the deadline day) determined in accordance with section 49;
then:
(c) the principal legislative instrument; and
(d) the provisions of any other legislative instrument (whether or not made before the commencing day) that amend, or make provision that otherwise relates to the operation of, the principal legislative instrument;
as in force immediately before the fifth anniversary of the deadline day, cease to be in force on that anniversary as if they had been repealed by another legislative instrument.
(3) Subject to subsections (5), (6) and (7), if a legislative instrument to which this section applies (the principal legislative instrument) is made on or after the commencing day and does not amend an earlier legislative instrument that continues in force after the making of the principal legislative instrument then:
(a) the principal legislative instrument; and
(b) the provisions of any other legislative instrument that amend, or make provision that otherwise relates to the operation of, the principal legislative instrument;
as in force immediately before the fifth anniversary of the day of commencement of the principal legislative instrument, cease to be in force on that anniversary as if they had been repealed by another legislative instrument.
Example 1: Legislative instrument A was made before January 1980. It has been amended by legislative instrument B that was made 2 days before the commencing day. Because of the operation of subsection 49(1), both instruments must be lodged before the first day (the deadline day) of the ninth month after the commencing day. Under subsection (2), both instruments will cease to be in force on the fifth anniversary of the deadline day.
Example 2: Legislative instrument C was made 2 days after the commencing day. It has been amended by legislative instrument D, which was made 3 years after the commencing day and which also amends legislative instrument E. Under subsection (3), instrument C and those provisions of instrument D that amend or relate to instrument C will cease to be in force on the fifth anniversary of the day of commencement of instrument C.
(4) If a legislative instrument has 2 or more days of commencement, then, for the purposes of subsection (3), the day of commencement of that instrument is the earliest of those days.
(5) If:
(a) the purpose of a legislative instrument to which this section applies is to confer rights on a person that are intended to have a long-term effect; and
(b) the Governor-General is satisfied that the operation of subsection (2) or (3) in relation to that instrument will frustrate that purpose;
then:
(c) the Governor-General may make regulations to provide that the subsection has effect as if a reference to the fifth anniversary of a day specified in that subsection were a reference to the fifteenth anniversary of that day;

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and
(d) if the Governor-General makes the regulations, the instrument is taken to cease to be in force on the fifteenth anniversary, instead of the fifth anniversary, of that day.
(6) If a legislative instrument:
(a) is a Proclamation made under section 2A, 2B or 12, subsection 13(1), section 20B, subsection 26(2) or section 26A of the Quarantine Act 1908; and
(b) is not a legislative instrument to which paragraph 66(1)(a) applies;
subsection (2) or (3) of this section (whichever is applicable) has effect as if a reference to the fifth anniversary of a day specified in that subsection were a reference to the fifteenth anniversary of that day.
(7) If:
(a) a legislative instrument or particular provisions of a legislative instrument would be taken to cease to be in force under this section (whether because of the operation of subsection (2), (3), (5) or (6) or because of a previous operation of this subsection) at a time (the sunsetting time); and
(b) the Attorney-General is satisfied, on written application by the rule-maker, that a proposed instrument (the replacement instrument) made in substitution for the instrument or provisions will not be able to be completed before the sunsetting time for any of the following reasons:
(i) because more time is required for the drafting of the replacement instrument;
(ii) because more time is required for the purposes of complying with the consultation requirements in relation to the making of the replacement instrument;
(iii) because the dissolution or expiration of the House of Representatives or the prorogation of the Parliament renders it inappropriate to make any replacement instrument before a new government is formed;
then:
(c) the Attorney-General may issue a certificate providing that the first-mentioned instrument or provisions are taken to cease to be in force under this section at a specified time not later than 12 months after the sunsetting time; and
(d) if the Attorney-General issues the certificate, the first-mentioned instrument or provisions are taken to cease to be in force at the specified time instead of the sunsetting time as if repealed by another legislative instrument.
(8) The application made by the rule-maker in applying for a certificate under subsection (7) must:
(a) set out the steps (if any) that the rule-maker has taken, or proposed to take, to deal with the ceasing to be in force of the instrument or provisions concerned; and
(b) set out the circumstances that prevented the taking, or the completion, of such steps.
(9) If:
(a) a legislative instrument or particular provisions of a legislative instrument would be taken to cease to be in force because of the operation of subsection (2), (3), (5) or (6) at a time (the sunsetting time); and
(b) the Attorney-General is satisfied, on written application by the rule-maker, that:
(i) the instrument or provisions would (apart from the operation of this subsection) cease to be in force within 12 months after the sunsetting time; or
(ii) it is announced government policy that the instrument or provisions will (but for the operation of this subsection) cease to be in force within 12 months after the sunsetting time (whether or not because of the making of an instrument or provisions in substitution for the first-mentioned instrument or provisions);
then:
(c) the Attorney-General may issue a certificate providing that the first-mentioned instrument or provisions are taken to cease to be in force under this subsection at a specified time not later than 12 months after the sunsetting time unless they have earlier ceased to be in force in a circumstance set out in subparagraph (b)(i) or (ii); and
(d) if the Attorney-General issues the certificate, the first-mentioned instrument or provisions are taken to cease to be in force at the specified time instead of the sunsetting time as if repealed by another legislative instrument unless they have earlier ceased to be in force in a circumstance so set out.
(10) If the Attorney-General issues a certificate under paragraph (7)(c) or (9)(c), he or she must:
(a) include in the certificate a statement of the reasons for the issue of a certificate; and
(b) cause a copy of the certificate to be laid before each House of the Parliament not later than 6 sitting days of that House after the issue of the certificate.

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Part 7 - Miscellaneous

67 Instruments made but not finally dealt with before the commencing day

(1) This section applies to a legislative instrument made before the commencing day:
(a) that was a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 as in force at any time before the commencing day; or
(b) that was otherwise able to be disallowed under Part XII of the Acts Interpretation Act 1901 as in force at any time before the commencing day; or
(c) that was otherwise required to be published, or to have notice of its making published, in the Gazette.
(2) If a legislative instrument to which this section applies, or notice of the making of such an instrument, had not been published in the Gazette before the commencing day:
(a) that instrument is to be treated, for all purposes of this Act, as if it had been made on the commencing day; and
(b) the obligations in relation to that instrument under the Acts Interpretation Act 1901, and under the Statutory Rules Publication Act 1903, as in force immediately before the commencing day, cease to apply;
but the tenor of the instrument is not affected.
(3) Despite subsection (2), section 59 does not apply in relation to a legislative instrument described in that subsection.
(4) If a legislative instrument to which this section applies, or notice of the making of such an instrument, had been published in the Gazette before the commencing day, the obligations in relation to that instrument under Part XII of the Acts Interpretation Act 1901, and under the Statutory Rules Publication Act 1903, as in force at any time before the commencing day, continue to apply in relation to that instrument as if that Part and that Act had not been repealed.

68 Relationship of certain gazettal requirements to registration requirements

(1) If:
(a) the making of a legislative instrument was authorised before the commencing day; and
(b) a legislative instrument is so made on or after the commencing day; and
(c) the enabling legislation required the text of the instrument, or particulars of its making, to be published in the Gazette;
any such requirement in respect of the instrument is taken to be satisfied if the instrument is entered on the Register.
(2) Subsection (1) does not apply to a legislative instrument that is:
(a) an application order made wholly or partly under section 111A of the Corporations Law of the Capital Territory; or
(b) made by the Australian Securities Commission under subsection 11(1A) of the Australian Securities Commission Act 1989 or wholly or partly under the Corporations Law of the Capital Territory.
(3) If:
(a) the making of a legislative instrument was authorised on or after the commencing day; and
(b) the enabling legislation required the text of the instrument, or particulars of its making, to be published in the Gazette;
the requirements for publication in the Gazette is in addition to any requirement under this Act for the instrument to be entered on the Register.

69 Effect on existing tabling and disallowance requirements

(1) Despite provisions in force immediately before the commencing day in relation to a document that is a legislative instrument for the purposes of this Act concerning:
(a) the time within which; and
(b) the means by which;
such an instrument is required to be tabled before the Parliament, compliance, on and after that day, with the tabling requirements of this Act is taken to constitute full compliance with the tabling requirements of those first-mentioned provisions.
(2) Despite provisions in force immediately before the commencing day that provide for the disallowance of a document that is a legislative instrument (otherwise than because of the application, without modification, of the disallowance provisions of Part XII of the Acts Interpretation Act 1901), the disallowance provisions of this Act are taken to apply, subject to subsection (3), in respect of that document to the exclusion of those other

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provisions.
(3) If particular disallowance provisions of the kind referred to in subsection (2) are prescribed as provisions to which subsection (2) does not apply, then those provisions continue to apply, on and after the commencing day, despite the provisions to different effect in sections 61 to 65 of Part 5 of this Act.

70 Delegation

(1) The responsible Minister in relation to a legislative instrument proposed to be made for the purposes of a prescribed authority may, by signed instrument, delegate his or her power to make a decision under section 19 in relation to that instrument to the principal officer of that authority.
(2) The Principal Legislative Counsel may, by signed instrument, delegate to an officer of the Department any of the powers or functions of the Principal Legislative Counsel under this Act.

71 Early backcapturing

(1) If, before the commencing day:
(a) an electronic database of the scanned images of instruments that, on that day, will be legislative instruments within the meaning of section 5 is established within the Department in anticipation of the enactment of this Act; and
(b) that database is divided into parts that correspond with the Parts of the Register as described in subsection 36(2);
that database becomes, on that day, the Federal Register of Legislative Instruments established by section 36 and the respective parts of that database become the respective Parts of the Register.
(2) If:
(a) before the commencing day, a scanned image of an instrument referred to in subsection (1) is entered in a part of the database referred to in that subsection that corresponds with Part B of the Register; and
(b) the instrument will, on the commencing day, be a legislative instrument to which section 48 applies;
that instrument is taken, on that day, to have been entered in Part B of the Register under Division 4 of Part 4 of this Act despite its inclusion in the database with effect from an earlier day.

72 Review of operation of this Act

(1) During the 3 months starting on the third anniversary of the commencing day, the Attorney-General must appoint persons to a body to review the operation of this Act and related matters.
(2) The persons appointed must include:
(a) a representative of the Administrative Review Council established by the Administrative Appeals Tribunal Act 1975; and
(b) a representative of the Attorney-General's Department; and
(c) a representative of the Department of Finance; and
(d) a representative of the regulatory review body; and
(e) a person with extensive experience or expertise in business; and
(f) a person with extensive experience or expertise in consumer affairs; and
(g) a person with extensive experience or expertise in delegated legislation.
(3) The representative of the Administrative Review Council appointed to the body is to be the Chairman of the body.
(4) A person appointed to the body may resign from it by giving the Attorney-General a signed notice of resignation.
(5) If a person appointed to the body dies, resigns or ceases to be a suitable person to represent the particular organisation or area of expertise that he or she was appointed to represent, the Attorney-General may appoint to the body another person with similar qualifications.
(6) The body must review all aspects of the operation of this Act including, but without limiting the generality of the foregoing:
(a) the extension of the consultation procedures in the Act to proposals for legislative instruments that are not likely to have a direct, or a substantial indirect, effect on business; and
(b) the methods for assessing costs and benefits of proposed legislative instruments; and
(c) the continued exclusion from the Act of certain instruments relating to terms and conditions of public sector employment described in item 14 of Schedule 1; and
(d) the continued exclusion from the Act of standards under the Australia New Zealand Food Authority Act 1991; and
(e) the continued exclusion from the Act of Ministerial directions to government business enterprises; and

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(f) the continued modification of the Act so far as concerns its application to particular instruments made under the Australian Securities Commission Act 1989 or the Corporations Law of the Capital Territory; and
(g) the registration of documents incorporated by reference in legislative instruments; and
(h) the operation of sections 29 and 30 of the Act.
(7) The body must give the Attorney-General a written report on the review within 15 months after the third anniversary of the commencing day.
(8) The Attorney-General must cause the report to be laid before each House of the Parliament within 6 sitting days of the House after the Attorney-General receives the report.
(9) Regulations may be made to make provision for and in relation to:
(a) terms and conditions of the appointment of a person to the body; and
(b) conduct of the business of the body.

73 Review of operation of the sunsetting provisions

(1) During the 3 months starting on the seventh anniversary of the commencing day, the Attorney-General must appoint persons to a body to review the operation of sections 29, 30 and 66 (the sunsetting provisions) and any related matters.
(2) For the purpose of subsection (1), subsections 72(2), (3), (4), (5) and (9) apply as if:
(a) a reference to the body in those provisions were a reference to the body referred to in subsection (1) of this section; and
(b) a reference to a person appointed to the body in those subsections were a reference to a person appointed to the body referred to in subsection (1) of this section.
(3) The body referred to in subsection (1) must review all aspects of the operation of the sunsetting provisions (including the operation of any regulations made under any of those provisions) and any other related matters.
(4) The body must give the Attorney-General a written report on the review within 9 months after the seventh anniversary of the commencing day.
(5) The Attorney-General must cause the report to be laid before each House of the Parliament within 6 sitting days of the House after the Attorney-General receives the report.

74 Transitional provisions

(1) If legislation introduced into the Parliament before the commencing day but coming into force on or after that day:
(a) authorises an instrument to be made in the exercise of a power delegated by the Parliament; and
(b) is expressed to require that instrument to be published as a statutory rule under the Statutory Rules Publication Act 1903;
that instrument is taken to be an instrument referred to in paragraph 5(3)(b).
(2) If legislation introduced into the Parliament before the commencing day but coming into force on or after that day:
(a) authorises an instrument to be made in the exercise of a power delegated by the Parliament; and
(b) is expressed to declare that instrument to be a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901;
that instrument is taken to be an instrument referred to in subparagraph 5(3)(d)(i).

75 Regulations

(1) Subject to subsection (3), the Governor-General may make regulations prescribing all matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) Without limiting the generality of subsection (1), the regulations may, at any time, amend Schedule 3:
(a) by adding the name of a body to the Schedule; or
(b) by omitting from the Schedule the name of a body included in the Schedule.
(3) The Governor-General must not make a regulation for the purpose of subparagraph 34(b)(ii) unless the Governor-General is satisfied that the Attorney-General has determined, in writing, that no legislative instrument authorised by enabling legislation that is proposed to be omitted from the table set out in Schedule 2 will any longer be likely to have a direct, or a substantial indirect, effect on business.


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Instruments that are not legislative instruments

Item

Particulars of instrument

1

Instruments relating to aviation security:
(a) under Part 3 of the Air Navigation Act 1920; or
(b) under Part XVIA of the Air Navigation Regulations under that Act

2

Orders and instructions under section 14 of the Australian Federal Police Act 1979

3

Guidelines under section 8A of the Australian Security Intelligence Organization Act 1979

4

By-laws under section 271 of the Customs Act 1901 that describe or define goods for the purposes of item 43, 45, 46, 47, 52, 55, 56, 57 or 60 of Schedule 4 to the Customs Tariff Act 1995

5

Determinations made under section 273 of the Customs Act 1901

6

Instructions under section 9A of the Defence Act 1903

7

Awards and agreements under the Industrial Relations Act 1988

8

Standards under the Australia New Zealand Food Authority Act 1991 if those standards are made before the end of the period of 6 years starting on the commencing day

9

Private rulings within the meaning of section 14ZAA of the Taxation Administration Act 1953

10

Public rulings within the meaning of section 14ZAAA of the Taxation Administration Act 1953

11

Laws of a self-governing Territory, other than:
(a) Ordinances made under subsection 12(1) of the Seat of Government (Administration) Act 1910 that have not become enactments (as defined in the Australian Capital Territory (Self-Government) Act 1988); and
(b) Ordinances made under section 27 of the Norfolk Island Act 1979; and
(c) rules, regulations and by-laws made under Ordinances described in paragraph (a) or (b)

12

Laws of a State or self-governing Territory that apply in a non self-governing Territory and instruments made under those laws

13

Ordinances of the former Colony of Singapore that apply in a non self-governing Territory and instruments made under those Ordinances

14

Instruments:
(a) that determine terms and conditions of employment of persons employed by the Commonwealth, by Commonwealth statutory authorities or by government business enterprises, or as members of the Defence Force or the Australian Federal Police; and
(b) that are not statutory rules within the meaning of the Statutory Rules Publication Act 1903 as in force immediately before the commencing day;
if those instruments are made before the end of the period of 6 years starting on the commencing day.

15

Instruments made by a tribunal to give effect to a decision of the tribunal following a hearing process

16

Ministerial directions issued to government business enterprises


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Particulars of enabling legislation

Column 1

Act

Column 2
Part of Act (if whole Act not relevant)

Aboriginal and Torres Strait Islander Heritage Protection Act 1984


Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987


Aboriginal Land Grant (Jervis Bay Territory) Act 1986


Aboriginal Land Rights (Northern Territory) Act 1976


Advance Australia Logo Protection Act 1984


Affirmative Action (Equal Employment Opportunity for Women) Act 1986


Aged or Disabled Persons Care Act 1954


Agricultural and Veterinary Chemicals Act 1994


Agricultural and Veterinary Chemicals (Administration) Act 1992


Agricultural and Veterinary Chemicals Code Act 1994


Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994


Agricultural and Veterinary Chemical Products Levy Imposition (Customs) Act 1994


Agricultural and Veterinary Chemical Products Levy Imposition (Excise) Act 1994


Agricultural and Veterinary Chemical Products Levy Imposition (General) Act 1994


Aircraft Noise Levy Act 1995


Aircraft Noise Levy Collection Act 1995


Air Navigation Act 1920


Airports (Business Concessions) Act 1959


Airports (Surface Traffic) Act 1960


Air Services Act 1995


Antarctic Marine Living Resources Conservation Act 1981


Antarctic Treaty (Environment Protection) Act 1980


Anti-dumping Authority Act 1988


Ashmore and Cartier Islands Acceptance Act 1933


Atomic Energy Act 1953


Audit Act 1901


Australia Council Act 1975


Australian Antarctic Territory Act 1954


Australian Broadcasting Corporation Act 1983


Australian Capital Territory (Planning and Land Management) Act 1988

The whole Act other than section 27

Australian Film Commission Act 1975


Australian Heritage Commission Act 1975


Australian Horticultural Corporation Act 1987


Australian Industry Development Corporation Act 1970


Australian Institute of Marine Science Act 1972


Australian Land Transport Development Act 1988


Australian Maritime Safety Act 1990


Australian National Maritime Museum Act 1990


Australian National Railways Commission Act 1983


Australian Nuclear Science and Technology Organisation Act 1987

The whole Act other than Part VIIA

Australian Nuclear Science and Technology Organisation (Transitional Provisions) Act 1987


Australian Securities Commission Act 1989


Australian Space Council Act 1994


Australian Tourist Commission Act 1987


Australian Wine and Brandy Corporation Act 1980


Australian Wool Research and Promotion Organisation Act 1993


Aviation Fuel Revenues (Special Appropriation) Act 1988


Banking Act 1959


Bank Integration Act 1991


Bankruptcy Act 1966


Banks (Shareholding) Act 1972


Beer Excise Act Repeal Act 1968


Biological Control Act 1984


Bounty and Capitalisation Grants (Textile Yarns) Act 1981


Bounty (Bed Sheeting) Act 1977


Bounty (Books) Act 1986


Bounty (Citric Acid) Act 1991


Bounty (Computers) Act 1984


Bounty (Fuel Ethanol) Act 1994


Bounty (Machine Tools and Robots) Act 1985


Bounty (Photographic Film) Act 1989


Bounty (Printed Fabrics) Act 1981


Bounty (Ships) Act 1989


Broadcasting Services Act 1992


Canberra Water Supply (Googong Dam) Act 1974


Census and Statistics Act 1905

Section 27

Cheques and Payments Orders Act 1986


Child Care Act 1972


Child Support (Registration and Collection) Act 1988

Subsection 4(1) (definition of protected earnings rate)

Christmas Island Act 1958


Circuit Layouts Act 1989


Civil Aviation Act 1988


Civil Aviation (Carriers' Liability) Act 1959


Civil Aviation (Damage by Aircraft) Act 1958


Classification (Publications, Films and Computer Games ) Act 1995


Coal Excise Act 1949


Coal Industry Act 1946

Part V

Coal Mining Industry (Long Service Leave Funding) Act 1992


Coal Mining Industry (Long Service Leave) Payroll Levy Act 1992


Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992


Cocos (Keeling) Islands Act 1955


Commerce (Trade Descriptions) Act 1905


Construction Industry Reform and Development Act 1992


Copyright Act 1968

Parts VA and VB section 249

Coral Sea Islands Act 1969


Corporations Act 1989


Currency Act 1965


Customs Act 1901


Customs Administration Act 1985


Customs Administration (Transitional Provisions and Consequential Amendments) Act 1986


Customs Securities (Penalties) Act 1981


Customs Tariff Act 1995


Customs Tariff (Anti-Dumping) Act 1975


Customs Tariff (Rate Alteration) Act 1988


Customs Tariff Validation Act (No. 2) 1980


Customs Tariff Validation Act 1981


Customs Tariff Validation Act 1987


Customs Undertakings (Penalties) Act 1981


Dairy Adjustment Act 1974


Dairy Industry Stabilization Act 1977


Dairy Industry Stabilization Levy Act 1977


Dairy Produce Act 1986


Defence Housing Authority Act 1987


Defence Service Homes Act 1918


Designs Act 1906


Development Allowance Authority Act 1992


Diesel Fuel Tax Act (No. 1) 1957


Diesel Fuel Tax Act (No. 2) 1957


Diesel Fuel Taxation (Administration) Act 1957


Disability Discrimination Act 1992

Section 31

Disability Services Act 1986


Distillation Act 1901


Dried Vine Fruits Equalization Levy Act 1978


Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991


Employment, Education and Training Act 1988


Employment Services Act 1994


Endangered Species Protection Act 1992


Environment Protection (Impact of Proposals) Act 1974


Environment Protection (Nuclear Codes) Act 1978


Environment Protection (Sea Dumping) Act 1981


Excise Act 1901


Excise Tariff Act 1921


Excise Tariff Validation Act 1980


Excise Tariff Validation Act 1987


Exotic Animal Disease Control Act 1989


Explosives Act 1961


Export Control Act 1982


Export Finance and Insurance Corporation Act 1991


Export Market Development Grants Act 1974


Federal Airports Corporation Act 1986


Financial Corporations Act 1974


Financial Transaction Reports Act 1988


Fisheries Management Act 1991


Foreign Acquisitions and Takeovers Act 1975


Foreign Corporations (Application of Laws) Act 1989


Fringe Benefits Tax Assessment Act 1986


General Insurance Supervisory Levy Act 1989


Great Barrier Reef Marine Park Act 1975


Hazardous Waste (Regulation of Exports and Imports) Act 1989


Health Insurance Act 1973

The whole Act other than sections 3A and 3C except in so far as the Act provides for instruments to be made in respect of section 19A or to amend the General Medical Services Table, the Pathology Services Table or the Diagnostic Imaging Services Table

Health Insurance (Pathology) (Fees) Act 1991


Health Insurance (Pathology) (Licence Fee) Act 1991


Heard Island and McDonald Islands Act 1953


Hearing Services Act 1991


Higher Education Funding Act 1988


Historic Shipwrecks Act 1976


Imported Food Control Act 1992


Income Tax Assessment Act 1936

The whole Act other than subsection 6(1) (definition of Commonwealth country), subsection 16(6), paragraph 23(t), section 23AB, subsection 23AC(2A), subsections 23AD(2) and (6), subsection 24(2), subsection 27D(3), subsection 27H(4), subsection 37(2), subsection 51AGA(1), subsection 78(21), subsection 82KZB(2), section 160AAA, subsection 218(7), subsection 220(5), subsection 221R(2), section 221S, paragraph 222AGF(7)(c), paragraph 222AHE(5)(c), paragraph 222AIH(4)(c), subsection 251O(2) and section 251W

Industrial Chemicals (Notification and Assessment) Act 1989


Industrial Relations Act 1988

The whole Act other than Division 1 of Part XII and section 348 in relation to powers under Division 1 of Part XII

Industrial Research and Development Act 1986


Industrial Research and Development Incentives Act 1976


Industry Commission Act 1989


Insurance Act 1973


Insurance Acquisitions and Takeovers Act 1991


Insurance (Agents and Brokers) Act 1984


Insurance Contracts Act 1984


Insurance Supervisory Levies Collection Act 1989


International Air Services Commission Act 1992


International Labour Organisation (Compliance with Conventions) Act 1992


International Sugar Agreement Act 1978


International Tax Agreements Act 1953


Interstate Road Transport Act 1985


Jervis Bay Territory Acceptance Act 1915


Life Insurance Act 1995


Life Insurance Supervisory Levy Act 1989


Lighthouses Act 1911


Liquefied Petroleum Gas (Grants) Act 1980


Liquid Fuel Emergency Act 1984


Loan (Income Equalization Deposits) Act 1976


Local Government (Financial Assistance) Act 1995


Management and Investment Companies Act 1980


Marine Insurance Act 1909


Marine Navigation Levy Act 1989


Marine Navigation Levy Collection Act 1989


Marine Navigation (Regulatory Functions) Levy Act 1991


Marine Navigation (Regulatory Functions) Levy Collection Act 1991


Meat and Live-stock Industry Act 1995


Meat Inspection Act 1983


Meteorology Act 1955


Migration Act 1958

The whole Act in so far as it provides for instruments that relate to Part 3 of the Act

Moomba-Sydney Pipeline System Sale Act 1994


Motor Vehicle Standards Act 1989


Murray-Darling Basin Act 1993


Mutual Recognition Act 1992


Narcotic Drugs Act 1967

Sections 9, 10, 11, 12, 13, 19, 22 and 23


Subsections 24(1) and (2)


So much of the remaining provisions of the Act as relate to powers and functions under those sections

National Environment Protection Council Act 1994


National Food Authority Act 1991


National Gallery Act 1975


National Health Act 1953

The whole Act other than subsections 85(2), (2AA), (3) and (6) and 85A(1), paragraphs 85A(2)(a), (b) and (c), subsections 85B(1), 88(1A) and 93(1) and (2) and paragraph 98(1)(b)

National Measurement Act 1960


National Museum of Australia Act 1980


National Occupational Health and Safety Commission Act 1985


National Parks and Wildlife Conservation Act 1975


National Rail Corporation Agreement Act 1992


National Residue Survey (Aquatic Animal Export) Levy Act 1992


National Road Transport Commission Act 1991


Native Title Act 1993


Navigation Act 1912


Norfolk Island Act 1979

Sections 27 and 67

Nuclear Non-Proliferation (Safeguards) Act 1987


Occupational Health and Safety (Maritime Industry) Act 1993


Offshore Minerals Act 1994


Olympic Insignia Protection Act 1987


Ozone Protection Act 1989


Ozone Protection (Licence Fees - Imports) Act 1995


Ozone Protection (Licence Fees - Manufacture) Act 1995


Passenger Movement Charge Collection Act 1978


Patents Act 1990


Patents, Trade Marks, Designs and Copyright Act 1939


Petroleum Excise (Prices) Act 1987


Petroleum Resource Rent Tax Assessment Act 1987


Petroleum Retail Marketing Franchise Act 1980


Petroleum Retail Marketing Sites Act 1980


Petroleum (Submerged Lands) Act 1967


Pipeline Authority Act 1973


Plant Breeder's Rights Act 1994


Pooled Development Funds Act 1992


Prawn Boat Levy Act 1995


Prices Surveillance Act 1983


Primary Industries and Energy Research and Development Act 1989


Protection of Movable Cultural Heritage Act 1986


Protection of the Sea (Civil Liability) Act 1981


Protection of the Sea (Imposition of Contributions to Oil Pollution Compensation Fund - Customs) Act 1993


Protection of the Sea (Imposition of Contributions to Oil Pollution Compensation Fund - Excise) Act 1993


Protection of the Sea (Imposition of Contributions to Oil Pollution Compensation Fund - General) Act 1993


Protection of the Sea (Oil Pollution Compensation Fund) Act 1993


Protection of the Sea (Powers of Intervention) Act 1981


Protection of the Sea (Prevention of Pollution from Ships) Act 1983


Protection of the Sea (Shipping Levy) Act 1981


Protection of the Sea (Shipping Levy Collection) Act 1981


Psychotropic Substances Act 1976


Public Lending Rights Act 1985


Qantas Sale Act 1992


Quarantine Act 1908


Radiocommunications Act 1992

The whole Act other than sections 60, 106 and subsection 294(1)

Radiocommunications (Receiver Licence Tax) Act 1983

The whole Act other than section 7

Radiocommunications (Permit Tax) Act 1983

The whole Act other than section 7

Radiocommunications Taxes Collection Act 1983


Radiocommunications (Transmitter Licence Tax) Act 1983

The whole Act other than section 7

Radio Licence Fees Act 1964


Road Transport Reform (Dangerous Goods) Act 1995


Road Transport Reform (Vehicles and Traffic) Act 1993


Safety, Rehabilitation and Compensation Act 1988


Sales Tax Amendment (Transitional) Act 1992


Sales Tax Assessment Act 1992


Sales Tax (Exemptions and Classifications) Act 1992


Science and Industry Endowment Act 1926


Science and Industry Research Act 1949


Scout Association Act 1924


Seafarers Rehabilitation and Compensation Act 1992


Sea Installations Act 1987


Sea Installations Levy Act 1987


Shipping Registration Act 1981


Ships (Capital Grants) Act 1987


Snowy Mountains Engineering Corporation Act 1970


Snowy Mountains Engineering Corporation (Conversion into Public Company) Act 1989


Snowy Mountains Engineering Corporation Limited Sale Act 1993


Snowy Mountains Hydro-electric Power Act 1949


Special Broadcasting Service Act 1991


Spirits Act 1906


States Grants (Petroleum Products) Act 1965


Statute Law (Miscellaneous Amendments) Act (No. 1) 1982

Sections 191 and 192

Stevedoring Industry Finance Committee Act 1977


Stevedoring Industry Levy Act 1977


Stevedoring Industry Levy Collection Act 1977


Structural Adjustments (Loan Guarantees) Act 1974


Subsidy (Cultivation Machines and Equipment) Act 1986


Subsidy (Grain Harvesters and Equipment) Act 1985


Superannuation Entities (Taxation) Act 1987


Superannuation (Financial Assistance Funding) Levy Act 1993


Superannuation Guarantee (Administration) Act 1992


Superannuation Industry (Supervision) Act 1993


Superannuation Supervisory Levy Act 1991


Superannuation (Resolution of Complaints) Act 1993


Supported Accommodation Assistance Act 1994


Taxation Administration Act 1953

The whole Act other than section 5A

Taxation (Interest on Overpayments and Early Payments) Act 1983


Taxation (Unpaid Company Tax) Assessment Act 1982


Telecommunications Act 1991


Telecommunications (Application Fees) Act 1991


Telecommunications (Carrier Licence Fees) Act 1991


Telecommunications (Interception) Act 1979


Telecommunications (Numbering Fees) Act 1991


Telecommunications (Public Mobile Licence Charge) Act 1992


Telecommunications (Universal Service Levy) Act 1991


Television Licence Fees Act 1964


Telstra Corporation Act 1991


Textile, Clothing and Footwear Development Authority Act 1988


Therapeutic Goods Act 1989


Therapeutic Goods (Charges) Act 1989


Tobacco Advertising Prohibition Act 1992


Tobacco Charge Act (No. 1) 1955


Tobacco Charges Assessment Act 1955


Tobacco Marketing Act 1965


Torres Strait Fisheries Act 1984


Trade Marks Act 1955


Trade Practices Act 1974


Tradesmen's Rights Regulation Act 1946


Training Guarantee (Administration) Act 1990


Trust Recoupment Tax Assessment Act 1985


Veterans' Entitlements Act 1986

Sections 90A, 91, 105, 117 and 216

Whale Protection Act 1980


Wheat Marketing Act 1989


Wildlife Protection (Regulation of Exports and Imports) Act 1982


Wool International Act 1993


Wool Tax Act (No. 1) 1964


Wool Tax Act (No. 2) 1964


Wool Tax Act (No. 3) 1964


Wool Tax Act (No. 4) 1964


Wool Tax Act (No. 5) 1964


Wool Tax (Administration) Act 1964


World Heritage Properties Conservation Act 1983



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Bodies that are government business enterprises

Airservices Australia

ANL Limited

Australian Defence Industries Limited

Australian Industry Development Corporation

Australian National Railways Commission

Australian Postal Corporation

Australian Technology Group Limited

Avalon Airport Geelong Pty Limited

Commonwealth Bank of Australia

Commonwealth Funds Management Limited

Defence Housing Authority

Export Finance and Insurance Corporation

Federal Airports Corporation

Housing Loans Insurance Corporation

Pipeline Authority

Snowy Mountains Hydro-electric Authority

Telstra Corporation Limited

Schedule 4 - Amendment and repeal of other legislation


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Aboriginal and Torres Strait Islander Commission Act 1989
1A Subclause 28(2) of Schedule 4
Repeal the subclause.
1B At the end of clause 28 of Schedule 4
Add:
Note: Section 59 of the Federal Court of Australia Act 1976 provides that certain provisions of the Legislative Instruments Act 1996 apply, with modification, to Rules of Court made by the Court. Section 59A of the Federal Court of Australia Act 1976 provides that regulations may be made modifying or adapting certain provisions of the Legislative Instruments Act 1996 in their application to the Court.
Acts Interpretation Act 1901
1 Subsection 4(6):
Repeal the subsection, substitute:
(6) In the application of this section to an instrument of a legislative character (including such an instrument made by virtue of this section):
(a) references in this section to the enactment of an Act are to be read as references to the making of such an instrument; and
(b) references in this section to an Act other than the Act concerned are to be read as references to instruments of a legislative character.
2 Section 17 (definition of Proclamation)
Omit "published in the Gazette", substitute "that is published in the Gazette or entered on the Federal Register of Legislative Instruments established under the Legislative Instruments Act 1996".
3 Heading to Part XI
Repeal the heading, substitute:

Part XI - Non-legislative instruments and resolutions

4 Sections 46 and 46A
Repeal the sections, substitute:

46 Construction of instruments

(1) If a provision confers on an authority the power to make an instrument that is neither a legislative instrument within the meaning of the Legislative Instruments Act 1996 nor a rule of court, then, unless the contrary intention appears:
(a) this Act applies to any instrument so made as if it were an Act and as if each provision of the instrument were a section of an Act; and
(b) expressions used in any instrument so made have the same meaning as in the enabling provision; and
(c) any instrument so made is to be read and construed subject to the enabling provision, and so as not to exceed the power of the authority.
(2) If any instrument so made would, but for subsection (1), be construed as being in excess of the authority's power, it is to be taken to be a valid instrument to the extent to which it is not in excess of that power.
(3) If a provision confers on an authority the power to make an instrument (that is not a legislative instrument or a rule of court):
(a) specifying, declaring or prescribing a matter or thing; or
(b) doing anything in relation to a matter or thing;
then, in exercising the power, the authority may identify the matter or thing by reference to a class or classes of matters or things.
Note: This provision has a parallel, in relation to legislative instruments, in section 10 of the Legislative Instruments Act 1996.

46AA Prescribing matters by reference to other instruments

If legislation authorises or requires provision to be made in relation to any matter in an instrument that is neither a legislative instrument within the meaning of the Legislative Instruments Act 1996 nor a rule of court, that instrument may, unless the contrary intention appears, make provision in relation to that matter by applying, adopting or incorporating, with or without modification:
(a) the provisions of any Act, or of any legislative instrument within the meaning of the Legislative Instruments Act 1996, as in force at a particular time or as in force from time to time; or
(b) any matter contained in any other instrument or writing as in force or existing at the time when the first-mentioned instrument takes effect but not as in force or existing from time to time.
Note: This provision has a parallel, in relation to legislative instruments, in section 11 of the Legislative Instruments Act 1996.

46B Disallowable non-legislative instruments

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(1) This section applies to instruments:
(a) that are neither legislative instruments within the meaning of the Legislative Instruments Act 1996 nor rules of court; and
(b) that are made under a provision of an Act or legislative instrument (the enabling provision); and
(c) that are expressly declared by the enabling provision or by another provision of the Act or instrument to be disallowable instruments for the purposes of this section.
(2) An instrument to which this section applies that is made on or after the day on which the Legislative Instruments Act 1996 commences, or a particular provision of such an instrument, takes effect from:
(a) the day specified in the instrument for the purposes of the commencement of the instrument or provision; or
(b) the day and time specified in the instrument for the purposes of the commencement of the instrument or provision; or
(c) the day, or day and time, of commencement of an enabling provision, that is specified in the instrument for the purposes of the commencement of the instrument or provision; or
(d) in any other case - the first moment (according to the time applicable in the Australian Capital Territory) of the day next following the day of notification under subsection (4).
(3) An instrument to which this section applies, or a provision of that instrument, has no effect if, apart from this subsection, it would take effect before the day of notification and as a result:
(a) the rights of a person (other than the Commonwealth or an authority of the Commonwealth) as at the day of notification would be adversely affected; or
(b) liabilities would be imposed on a person (other than the Commonwealth or an authority of the Commonwealth) in respect of anything done or omitted to be done before the day of notification.
(4) An instrument to which this section applies must be notified in the Gazette and, if the instrument is not so notified by being published in full in the Gazette, a notice in the Gazette of the instrument's having been made, and of the place or places where copies of it can be purchased, is sufficient compliance with that requirement.
(5) If a notice of the making of an instrument is published in accordance with subsection (4), copies of the instrument must, at the time of publication of the notice or as soon as practicable thereafter, be made available for purchase at the place, or at each of the places, specified in the notice.
(6) If, on the day of publication of a notice referred to in subsection (4), there are no copies of the instrument to which the notice relates available for purchase at the place, or at one or more of the places, specified in the notice, the Minister administering the enabling provision must cause to be laid before each House of the Parliament, within 15 sitting days of that House after that day, a statement that copies of the instrument were not so available and the reason why they were not so available.
(7) Failure to comply with a requirement of subsection (5) or (6) in relation to any instrument does not constitute a failure to comply with subsection (4).
(8) A copy of an instrument to which this section applies must be laid before each House of the Parliament not later than 6 sitting days of that House after the instrument is made and, for that purpose, must be delivered to the House by the person or body authorised to make the instrument.
(9) If a copy of an instrument is not laid before each House of the Parliament in accordance with subsection (8), it thereupon ceases to have effect.
(10) Unless the law otherwise provides, Part 5 of the Legislative Instruments Act 1996, other than sections 58 and 59, applies in relation to an instrument to which this section applies as if:
(a) references to legislative instruments or to a legislative instrument were references to an instrument to which this section applies; and
(b) references to enabling legislation were references to the enabling provision; and
(c) references to repeal were references to revocation; and
(d) references in subsection 62(2) of the Legislative Instruments Act 1996 to another legislative instrument included references to a provision of a non-legislative instrument made under the enabling provision.
5 Part XII
Repeal the Part.
Amendments Incorporation Act 1905
6 At the end of the Act
Add:

4 Incorporation of amendments in reprints of legislative instruments

(1) If the Government Printer reprints a legislative instrument that has been amended at any time, the instrument must be reprinted as amended by:
(a) any repeal or omission of words or figures; and
(b) any substitution of words or figures for any repealed or omitted words or

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figures; and
(c) any insertion of words or figures.
(2) If a legislative instrument prescribes a method of citing another legislative instrument (the amended instrument), the amended instrument is taken to be amended by omitting the citation of the amended instrument and substituting the prescribed method of citation.
(3) A reprint of an amended legislative instrument must include a reference to the amending legislative instrument or Act. The reference must be set out in the margin of, or in a footnote or endnote to, the reprint.
(4) In this section:
legislative instrument has the same meaning as in the Legislative Instruments Act 1996.
words includes Part, Division, Subdivision, heading, regulation, clause, subregulation, subclause, paragraph, subparagraph, sub-subparagraph and Schedule.
Commonwealth Electoral Act 1918
6A Subsection 375(2)
Repeal the subsection.
6B At the end of section 375
Add:
Note: Section 86 of the Judiciary Act 1903 provides that certain provisions of the Legislative Instruments Act 1996 apply, with modifications, to Rules of Court made by the Court. Section 88 of the Judiciary Act 1903 provides that regulations may be made modifying and adapting certain provisions of the Legislative Instruments Act 1996 in their application to the Court.
Defence Act 1903
6C Section 58C
Repeal the section, substitute:

58C Determinations are disallowable instruments for the purposes of section 46B of the Acts Interpretation Act 1901

(1) This section applies to a determination under section 58B:
(a) that is made before the day on which the Legislative Instruments Act 1996 commences and that:
(i) has not, before that day, been laid before a House of the Parliament; or
(ii) has been laid before a House of the Parliament before that day but is still subject to disallowance; or
(b) that is made during the period of 6 years starting on that day.
(2) Subject to subsections (3) and (4), a determination to which this section applies is taken to be a disallowable non-legislative instrument for the purposes of section 46B of the Acts Interpretation Act 1901.
(3) Subsections 46B(2), (3), (4), (5), (6) and (7) of the Acts Interpretation Act 1901 do not apply to a determination to which this section applies.
(4) If a determination is a determination to which this section applies because it was laid before a House of the Parliament before the day on which the Legislative Insruments Act 1996 commences but is still subject to disallowance, then, for the purpose of the operation of section 46B of the Acts Interpretation Act 1901 in relation to the determination:
(a) section 46B of the last-mentioned Act is taken to have been in force at the time when the determination was laid before that House; and
(b) the determination is to be treated as if it had been laid before that House, at the time when it was so laid, in accordance with the requirements of that section.
(5) Section 67 of the Legislative Instruments Act 1996 does not apply to a determination to which this section applies.
Family Law Act 1975
7 Section 26E
Repeal the section, substitute:

26E Application of the Legislative Instruments Act 1996 to Rules of Court

The Legislative Instruments Act 1996 (other than sections 5 and 8, paragraph 15(a) and section 16 of that Act) applies in relation to Rules of Court made under sections 26B and 26C of this Act:
(a) as if a reference to a legislative instrument were a reference to a Rule of Court; and
(b) as if a reference to a rule-maker were a reference to the Chief Justice acting on behalf of the Judges; and
(c) subject to such further modifications or adaptations as are provided for in regulations made under paragraph 125(1)(bb) of this Act.
8 Subsection 37A(14)
Repeal the subsection, substitute:

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(14) The Legislative Instruments Act 1996 (other than sections 5 and 8, paragraph 15(a) and section 16 of that Act) applies in relation to Rules of Court made under this section:
(a) as if a reference to a legislative instrument were a reference to a Rule of Court; and
(b) as if a reference to a rule-maker were a reference to the Chief Justice acting on behalf of the Judges; and
(c) subject to such further modifications or adaptations as are provided for in regulations made under paragraph 125(1)(bb) of this Act.
9 Subsection 123(2)
Repeal the subsection, substitute:
(2) The Legislative Instruments Act 1996 (other than sections 5 and 8, paragraph 15(a) and section 16 of that Act) applies in relation to Rules of Court made under this section:
(a) as if a reference to a legislative instrument were a reference to a Rule of Court; and
(b) as if a reference to a rule-maker were a reference to the Chief Justice acting on behalf of the Judges; and
(c) subject to such further modifications or adaptations as are provided for in regulations made under paragraph 125(1)(bb) of this Act.
(2A) Despite the fact that paragraph 15(a) and section 16 of the Legislative Instruments Act 1996 do not apply in relation to Rules of Court made under this Act, the Principal Legislative Counsel may provide assistance in the drafting of any of those Rules if the Chief Justice so desires.
10 After paragraph 125(1)(ba)
Insert:
(bb) modifying or adapting the provisions of the Legislative Instruments Act 1996 (other than the provisions of Part 5 of that Act or any other provisions whose modification or adaptation would affect the operation of that Part) in their application to the Family Court and any other court exercising jurisdiction under this Act;
11 After subsection 125(1)
Insert:
(1A) Without limiting the generality of subsection (1) in relation to regulations made under paragraph (1)(bb), such regulations must provide, in substitution for Part 3 of the Legislative Instruments Act 1996, for a procedure to be followed by the Judges if:
(a) they propose to make a Rule of Court more than 6 months after that Act commences; and
(b) that Rule of Court is likely to have a direct, or a substantial indirect, effect on business;
to ensure that, before the proposed Rule is made, there is consultation with organisations or bodies representing the interests of persons likely to be affected by the proposed Rule.
(1B) Regulations that provide a consultation procedure in substitution for Part 3 of the Legislative Instruments Act 1996 may be expressed to be subject to exceptions of the kind referred to in section 28 or 30 of that Act.
Federal Court of Australia Act 1976
12 Subsection 59(4)
Repeal the subsection, substitute:
(4) The Legislative Instruments Act 1996 (other than sections 5 and 8, paragraph 15(a) and section 16 of that Act) applies in relation to Rules of Court made by the Court under this Act or another Act:
(a) as if a reference to a legislative instrument were a reference to a Rule of Court; and
(b) as if a reference to a rule-maker were a reference to the Chief Justice acting on behalf of the Judges of the Court; and
(c) subject to such further modifications or adaptations as are provided for in regulations made under section 59A of this Act.
(5) Despite the fact that paragraph 15(a) and section 16 of the Legislative Instruments Act 1996 do not apply in relation to Rules of Court made by the Court under this Act or another Act, the Principal Legislative Counsel may provide assistance in the drafting of any of those Rules if the Chief Justice so desires.
13 After section 59
Insert:

59A Regulations modifying or adapting the Legislative Instruments Act

(1) The Governor-General may make regulations for the purpose of subsection 59(4) modifying or adapting the provisions of the Legislative Instruments Act 1996 (other than provisions of Part 5 of that Act or any other provisions whose modification or adaptation would affect the operation of that Part) in their application to the Court.
(2) Without limiting the generality of subsection (1), regulations made under that subsection must provide, in substitution for Part 3 of the Legislative Instruments Act 1996, for a procedure to be followed by the Judges if:

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(a) they propose to make a Rule of Court more than 6 months after that Act commences; and
(b) that Rule of Court is likely to have a direct, or a substantial indirect, effect on business;
to ensure that, before the proposed Rule is made, there is consultation with organisations or bodies representing the interests of persons likely to be affected by the proposed Rule.
(3) Regulations that provide a consultation procedure in substitution for Part 3 of the Legislative Instruments Act 1996 may be expressed to be subject to exceptions of the kind referred to in section 28 or 30 of that Act.
Industrial Relations Act 1988
14 Subsection 486(4)
Repeal the subsection, substitute:
(4) The Legislative Instruments Act 1996 (other than sections 5 and 8, paragraph 15(a) and section 16 of that Act) applies in relation to Rules of Court made under this section:
(a) as if a reference to a legislative instrument were a reference to a Rule of Court; and
(b) as if a reference to a rule-maker were a reference to the Chief Justice acting on behalf of the Judges of the Court; and
(c) subject to such further modifications or adaptations as are provided for in regulations made under section 486A of this Act.
(5) Despite the fact that paragraph 15(a) and section 16 of the Legislative Instruments Act 1996 do not apply in relation to Rules of Court made under this section, the Principal Legislative Counsel may provide assistance in the drafting of any of those Rules if the Chief Justice so desires.
15 After section 486
Insert:

486A Regulations modifying or adapting the Legislative Instruments Act

(1) The Governor-General may make regulations for the purpose of section 486 modifying or adapting the provisions of the Legislative Instruments Act 1996 (other than provisions of Part 5 of that Act or any other provisions whose modification or adaptation would affect the operation of that Part) in their application to the Court.
(2) Without limiting the generality of subsection (1), regulations made under that subsection must provide, in substitution for Part 3 of the Legislative Instruments Act 1996, for a procedure to be followed by the Judges if:
(a) they propose to make a Rule of Court more than 6 months after that Act commences; and
(b) that Rule of Court is likely to have a direct, or a substantial indirect, effect on business;
to ensure that, before the proposed Rule is made, there is consultation with organisations or bodies representing the interests of persons likely to be affected by the proposed Rule.
(3) Regulations that provide a consultation procedure in substitution for Part 3 of the Legislative Instruments Act 1996 may be expressed to be subject to exceptions of the kind referred to in section 28 or 30 of that Act.
Judiciary Act 1903
16 At the end of section 86
Add:
(2) The Legislative Instruments Act 1996 (other than sections 5 and 8, paragraph 15(a) and section 16 of that Act) applies in relation to Rules of Court made by the Court under this Act or another Act:
(a) as if a reference to a legislative instrument were a reference to a Rule of Court; and
(b) as if a reference to a rule-maker were a reference to the Chief Justice acting on behalf of the Justices of the Court; and
(c) subject to such further modifications or adaptations as are provided for in regulations made under paragraph 88(1)(cb) of this Act.
(3) Despite the fact that paragraph 15(a) and section 16 of the Legislative Instruments Act 1996 do not apply in relation to Rules of Court made by the Court under this Act or another Act, the Principal Legislative Counsel may provide assistance in the drafting of any of those Rules if the Chief Justice so desires.
17 Section 87
Repeal the section.
18 After paragraph 88(ca)
Insert:
(cb) modifying or adapting provisions of the Legislative Instruments Act 1996 (other than provisions of Part 5 of that Act or any other provisions whose modification or adaptation would affect the operation of that Part) in their application to the Court;
19 At the end of section 88
Add:
(2) Without limiting the generality of subsection (1) in relation to

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regulations made under paragraph (1)(cb), such regulations must provide, in substitution for Part 3 of the Legislative Instruments Act 1996, for a procedure to be followed by the Judges if:
(a) they propose to make a Rule of Court more than 6 months after that Act commences; and
(b) that Rule of Court is likely to have a direct, or a substantial indirect, effect on business;
to ensure that, before the proposed Rule is made, there is consultation with organisations or bodies representing the interests of persons likely to be affected by the proposed Rule.
(3) Regulations that provide a consultation procedure in substitution for Part 3 of the Legislative Instruments Act 1996 may be expressed to be subject to exceptions of the kind referred to in section 28 or 30 of that Act.
Public Service Act 1922
19A Section 82F
Repeal the section, substitute:

82F Determinations are disallowable instruments for the purposes of section 46B of the Acts Interpretation Act 1901

(1) This section applies to a determination under this Division:
(a) that is made before the day on which the Legislative Instruments Act 1996 commences and that:
(i) has not, before that day, been laid before a House of the Parliament; or
(ii) has been laid before a House of the Parliament before that day but is still subject to disallowance; or
(b) that is made during the period of 6 years starting on that day.
(2) Subject to subsections (3) and (4), a determination to which this section applies is taken to be a disallowable non-legislative instrument for the purposes of section 46B of the Acts Interpretation Act 1901.
(3) Subsections 46B(2), (3), (4), (5), (6) and (7) of the Acts Interpretation Act 1901 do not apply to a determination to which this section applies.
(4) If a determination is a determination to which this section applies because it was laid before a House of the Parliament before the day on which the Legislative Instruments Act 1996 commences but is still subject to disallowance, then, for the purpose of the operation of section 46B of the Acts Interpretation Act 1901 in relation to the determination:
(a) section 46B of the last-mentioned Act is taken to have been in force at the time when the determination was laid before that House; and
(b) the determination is to be treated as if it had been laid before that House, at the time when it was so laid, in accordance with the requirements of that section.
(5) Section 67 of the Legislative Instruments Act 1996 does not apply to a determination to which this section applies.
Remuneration Tribunal Act 1973
19B At the end of subsection 7(6)
Add ", not later than 7 days after the making of that determination".
Statutory Rules Publication Act 1903
20 The whole of the Act
Repeal the Act.