Federal Register of Legislation - Australian Government

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SLI 2015 No. 105 Regulations as made
This regulation amends the Ombudsman Regulations 1977 so that the actions taken by the Australian Government Solicitor (AGS) and officers of the Attorney General’s Department in furtherance of the duties of the AGS remain exempt from the jurisdiction of the Commonwealth Ombudsman following the consolidation of the AGS into the Attorney General’s Department as a result of the Judiciary Amendment Act 2015.
Administered by: Prime Minister and Cabinet
Registered 26 Jun 2015
Tabling HistoryDate
Tabled HR10-Aug-2015
Tabled Senate10-Aug-2015
Date of repeal 02 Jul 2015
Repealed by Division 1 of Part 5A of the Legislative Instruments Act 2003
Table of contents.

 

Ombudsman Amendment (Prescribed Authorities) Regulation 2015

 

Select Legislative Instrument No. 105, 2015

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.

Dated 25 June 2015

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Christian Porter

Parliamentary Secretary to the Prime Minister

 

  

  


Contents

1............ Name................................................................................................... 1

2............ Commencement................................................................................... 1

3............ Authority............................................................................................. 1

4............ Schedules............................................................................................ 1

Schedule 1—Amendments                                                                                                2

Ombudsman Regulations 1977                                                                                 2

 


1  Name

                   This is the Ombudsman Amendment (Prescribed Authorities) Regulation 2015.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The later of:

(a) 1 July 2015; and

(b) the day Schedules 1 to 3 to the Judiciary Amendment Act 2015 commence.

1 July 2015

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under the Ombudsman Act 1976.

4  Schedules

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

Schedule 1Amendments

  

Ombudsman Regulations 1977

1  Subregulation 4(1)

Omit “(1)”.

2  Subregulation 4(2)

Repeal the subregulation.

3  After regulation 6

Insert:

6A  Actions deemed not to be taken by Attorney‑General’s Department

             (1)  For subsection 3(5A) of the Act, action taken by the Australian Government Solicitor or any other officer of the Attorney‑General’s Department in furtherance of the duties of the Australian Government Solicitor is deemed not to be action taken by the Attorney‑General’s Department.

             (2)  Subregulation (1) does not apply to action that is disclosable conduct to which subsection 5A(1) of the Act applies.

4  Schedule 1

Omit:

Australian Government Solicitor

5  Schedule 3

Insert:

Australian Government Solicitor

6  Schedule 3

Omit:

Chief Executive Officer of the Australian Government Solicitor