Federal Register of Legislation - Australian Government

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A Bill for an Act to make an amendment of the Acts Interpretation Act 1901 arising from the enactment of the Legislative Instruments Act 2003, and for related purposes
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Introduced HR 16 Nov 2004

Legislative Instruments (Technical Amendment) Bill 2004
First Reading

Legislative Instruments (Technical Amendment) Bill 2004
First Reading

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2004

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Legislative Instruments (Technical Amendment) Bill 2004

No. , 2004

(Prime Minister)

A Bill for an Act to make an amendment of the Acts Interpretation Act 1901 arising from the enactment of the Legislative Instruments Act 2003, and for related purposes

Contents

1       Short title 1

2       Commencement 1

3       Schedule(s) 2

Schedule 1--Amendment of the Acts Interpretation Act 1901       3

Acts Interpretation Act 1901       3

A Bill for an Act to make an amendment of the Acts Interpretation Act 1901 arising from the enactment of the Legislative Instruments Act 2003, and for related purposes

The Parliament of Australia enacts:

1 Short title
        This Act may be cited as the Legislative Instruments (Technical Amendment) Act 2004.

2 Commencement
        This Act commences on the day on which it receives the Royal Assent.

3 Schedule(s)
        Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1--Amendment of the Acts Interpretation Act 1901

Acts Interpretation Act 1901

1 After section 15AD

Add:

15AE Effect of the expression by legislative instrument
       (1) If the expression by legislative instrument is used to describe the making of an instrument authorised to be made under or for the purposes of a provision of an Act or a legislative instrument, an instrument made under or for the purposes of that provision:

       (a) must be in writing; and

       (b) is to be taken to be, and always to have been, a legislative instrument for the purposes of the Legislative Instruments Act 2003.

       (2) To avoid doubt, the use of the expression by legislative instrument does not imply that the instrument to which the expression relates must be of a legislative character within the ordinary meaning of that term.