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Legislative Instruments Act 2003
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C2013C00162 C28
12 April 2013
-
30 June 2013
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Part 1—Preliminary
1 Short title
2 Commencement
2A Schedule(s)
3 Object
4 Definitions
5 Definition—a legislative instrument
6 Instruments declared to be legislative instruments
7 Instruments declared not to be legislative instruments
8 Definition—power delegated by the Parliament
9 Rules of court are not legislative instruments
10 Attorney-General may certify whether an instrument is legislative instrument or not
11 Reconsideration and review of Attorney-General’s certificate
12 When do provisions of legislative instruments take effect?
13 Construction of legislative instruments
14 Prescribing matters by reference to other instruments
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Part 2—Drafting standards
16 Measures to achieve high drafting standards for legislative instruments
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Part 3—Consultation before making legislative instruments
17 Rule-makers should consult before making legislative instruments
18 Circumstances where consultation may be unnecessary or inappropriate
19 Consequence of failure to consult
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Part 4—The Federal Register of Legislative Instruments
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Division 1—The Register
20 Federal Register of Legislative Instruments
21 Manner of keeping Register
22 The status of the Register and judicial notice of legislative instruments and compilations
23 Rectification of Register
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Division 2—Registration of legislative instruments made, or treated as made, on or after commencing day
24 Legislative instruments required to be registered under this Division
25 Lodgment for registration under this Division
26 Explanatory statements
27 Registration under this Division
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Division 3—Registration of certain legislative instruments made before commencing day
28 Legislative instruments required to be registered under this Division
29 Lodgment for registration under this Division
30 Registration under this Division
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Division 4—Effect of registration
31 Effect of failure to register a legislative instrument required to be registered under Division 2
32 Effect of failure to lodge for registration a legislative instrument required to be registered under Division 3
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Division 5—Compilations
33 Compilations to be registered
34 First Parliamentary Counsel may require provision of compilations for registration purposes
35 Information to be included with a compilation
35A Incorporation of amendments in reprints of legislative instruments
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Division 6—Early backcapturing
36 Inclusion in database established in anticipation of the enactment of this Act
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Part 5—Parliamentary scrutiny of legislative instruments
37 The purpose of the Part
38 Tabling of legislative instruments
39 Additional material to be tabled with the legislative instrument
40 Regulations may specify manner of delivery of certain documents
41 Incorporated material may be required to be made available
42 Disallowance of legislative instruments
44 Legislative instruments that are not subject to disallowance
45 Effect of a legislative instrument ceasing to have effect
46 Legislative instruments not to be remade while required to be tabled
47 Legislative instruments not to be remade while subject to disallowance
48 Disallowed legislative instruments not to be remade unless disallowance resolution rescinded or House approves
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Part 5A—Repeal of spent legislative instruments and provisions
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Division 1—Automatic repeal
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Subdivision A—Repeal of amending and repealing instruments
48A Automatic repeal of amending and repealing instruments
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Subdivision B—Repeal of commencement instruments
48B Automatic repeal of commencement instruments
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Subdivision C—Repeal of amending or repealing provisions of legislative instruments containing other matter
48C Automatic repeal of amending and repealing provisions
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Subdivision D—Repeal of commencement provisions of legislative instruments containing other matter
48D Automatic repeal of commencement provisions
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Division 2—Repeal by regulations
48E Regulations may repeal legislative instruments, or provisions of legislative instruments, no longer required
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Part 6—Sunsetting of legislative instruments
49 The purpose of the Part
50 Sunsetting
51 Attorney-General may defer sunsetting in certain circumstances
51A Attorney-General may align sunsetting of instruments to be reviewed together
52 Attorney-General must lay lists of instruments due for sunsetting before each House of the Parliament
53 Resolution that instrument continue in force
54 Instruments to which this Part does not apply
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Part 7—Miscellaneous
55 Instruments made but not finally dealt with before the commencing day
56 Relationship of certain gazettal requirements to registration requirements
57 Effect on existing tabling and disallowance requirements
58 Delegation
59 Review of operation of this Act
60 Review of operation of the sunsetting provisions
61 Existing references to Legislative Instruments Act
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62 Regulations
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Schedule 1—Amendment of other legislation
Acts Interpretation Act 1901
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Endnotes
Endnote 1—Legislation history
Endnote 2—Amendment history
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Endnote 3—Application, saving and transitional provisions
Commonwealth Authorities and Companies Amendment Act 2008 (No. 20, 2008)
Acts Interpretation Amendment Act 2011 (No. 46, 2011)
Legislative Instruments Amendment (Sunsetting) Act 2011 (No. 98, 2011)
Parliamentary Counsel and Other Legislation Amendment Act 2012 (No. 107, 2012)
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Endnote 4—Uncommenced amendments
Navigation (Consequential Amendments) Act 2012 (No. 129, 2012)
Endnote 5—Misdescribed amendments
