Repeal the title, substitute:

An Act providing for public access to Acts and instruments , for the making , parliamentary scrutiny and sunset ting of legislative instruments and for the repeal of spent instruments and provisions, and for other purposes.

Repeal the heading, substitute:

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Note 1: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see Acts Interpretation Act 1901).section 10 of the

Note 2: See also Part 6 of this Schedule.

Repeal the section.

Omit “Commonwealth legislative instruments by”, substitute “Acts and instruments by”.

Repeal the paragraph, substitute:

After “legislative instruments”, insert “and notifiable instruments”.

Omit “legislative instruments”, substitute “Acts and instruments”.

Repeal the paragraph, substitute:

Add:

; and (g) enabling regulations to be made under this Act amending or repealing legislative instruments and notifiable instruments in some circumstances.

Insert:

This Act provides for public access to Commonwealth Acts, legislative instruments and notifiable instruments. The Act also regulates other matters relating to legislative instruments and notifiable instruments.

Acts, legislative instruments and notifiable instruments, compilations and associated documents and information are registered on the Federal Register of Legislation. The public has online access (through an approved website) to authorised versions of registered Acts, instruments and compilations, and to associated documents and information.

The First Parliamentary Counsel maintains the Register and the approved website. The First Parliamentary Counsel is given the power to make editorial changes and some other changes to registered Acts and instruments in preparing compilations, if those changes do not change the effect of the Acts or instruments.

For legislative instruments and notifiable instruments, the Act deals with commencement, interpretation, incorporation of external material by reference and drafting standards.

Rule-makers for legislative instruments must undertake appropriate and reasonably practicable consultation before the instruments are made. Generally, legislative instruments must be tabled in both Houses of Parliament and are generally subject to disallowance by either House.

Legislative instruments and notifiable instruments (or provisions of those instruments) are automatically repealed after their commencement if they merely provide for the amendment, repeal or commencement of Acts or other instruments. Legislative instruments are generally repealed automatically (sunsetted) no more than 10 years after being registered.

Repeal the sections, substitute:

In this Act:

amend: see subsection 5(1).

approved website: see section 15C.

authorised version, of a registered law or explanatory statement: see section 15ZA.

commencement instrument, in relation to an Act, legislative instrument or notifiable instrument, means an instrument providing solely for the commencement of:

Example: A Proclamation providing solely for the commencement of an Act.

compilation, of an Act, legislative instrument or notifiable instrument, is a document showing the text of the Act or instrument:

Note: See Part 2 of Chapter 2 for the registration of compilations.

compilation date: see the definition of compilation in this section.

disallowable legislative instrument means a legislative instrument to which section 42 applies.

Note: Section 42 provides for the parliamentary disallowance of legislative instruments. Section 42 does not apply to some legislative instruments (see section 44).

discretionary compilation event, for an Act, legislative instrument or notifiable instrument: see section 15Q.

editorial change, in relation to an Act, legislative instrument or notifiable instrument: see section 15X.

enabling legislation, in relation to a legislative instrument or notifiable instrument, means the primary law that authorises the making of the instrument.

explanatory statement for a legislative instrument: see section 15J.

Federal Register of Legislation means the register established and maintained under section 15A.

First Parliamentary Counsel means the person appointed to the position of First Parliamentary Counsel under subsection 4(1) of the Parliamentary Counsel Act 1970.

initial explanatory statement: see section 15J.

instrument means any writing or other document, and includes an instrument in electronic form.

legislative instrument: see section 8.

Note: This term has the same meaning when used in other Acts and instruments: see the definition of legislative instrument in section 2B of the Acts Interpretation Act 1901.

making, in relation to an instrument, means the signing, sealing or other endorsement of the instrument by the person or body empowered to make it.

modify: see subsection 5(2).

notifiable instrument: see section 11.

Note: This term has the same meaning when used in other Acts and instruments: see the definition in Acts Interpretation Act 1901.section 2B of the

Office of Parliamentary Counsel means the office established by subsection 2(1) of the Parliamentary Counsel Act 1970.

power delegated by the Parliament: an instrument made under a power delegated by the Parliament includes:

Example: An instrument made under an Act as well as a prerogative power.

primary law means an Act or an instrument made under an Act, or a provision of an Act or an instrument made under an Act.

register means register on the Federal Register of Legislation.

registered law or explanatory statement: see section 15Z.

repeal, in relation to an instrument or a provision of an instrument, includes revoke or rescind the instrument or provision.

Note: Section 5 defines amend, for a provision of an instrument, to include the repeal of a provision of the instrument.

replacement explanatory statement: see section 15J.

required compilation event, for an Act, legislative instrument or notifiable instrument: see section 15Q.

responsible person: see section 6.

rule-maker: see section 6.

rules means rules made by the First Parliamentary Counsel under section 61A.

Note: These rules are legislative instruments. Regulations may also be made for the purposes of this Act (see section 62).

supplementary explanatory statement: see section 15J.

text includes any writing.

Note: See the definition of writing in section 2B of the Acts Interpretation Act 1901.

Note 1: Repeal, in relation to a provision of an instrument, includes revoke or rescind the provision (see the definition of repeal in section 4).

Note 2: For the purposes of Part 2 of Chapter 2 (registration of compilations), an Act or instrument is amended by an Act or instrument, or a provision of an Act or instrument, when the amending Act or provision commences (see subsection 15Q(3)).

Rule-makers

Responsible persons

What are legislative instruments?

Generally, the following are legislative instruments:

• an instrument described or declared by a law (including this Act) to be a legislative instrument;

• an instrument registered on the Federal Register of Legislation as a legislative instrument;

• an instrument made under a power delegated by the Parliament that determines the law or alters its content.

However, an instrument is not a legislative instrument if an Act (or a regulation under this Act) so provides.

What are notifiable instruments?

Generally, the following are notifiable instruments:

• an instrument described or declared by a law (including this Act or a regulation under this Act) to be a notifiable instrument;

• a commencement instrument;

• an instrument (other than a legislative instrument) that is registered on the Federal Register of Legislation as a notifiable instrument.

Generally, unlike legislative instruments, notifiable instruments are not subject to parliamentary scrutiny, nor are they subject to automatic repeal 10 years after registration.

Other key concepts

A legislative instrument or notifiable instrument commences on the day after the instrument is registered, or on another day provided by the instrument. Generally, the instrument does not apply retrospectively if that would adversely affect rights or impose liabilities.

Generally, the same rules apply to the interpretation of legislative instruments and notifiable instruments as apply to the interpretation of Acts. Some special rules also apply to the construction of instruments.

There are restrictions on the extent to which legislative instruments or notifiable instruments can incorporate matters by reference to external documents.

Note: Instruments that can be legislative instruments may be described by their enabling legislation in different ways, for example as regulations, rules, ordinances or determinations.

Primary law provides for something to be done by legislative instrument

Example 1: A primary law provides that “The Minister may, by legislative instrument, determine licence conditions for the purposes of this section.”.

Example 2: A primary law provides as follows:

“(1) The Chief Executive may, by instrument, determine licence conditions.

Instruments registered on the Federal Register of Legislation

Note: An instrument made under a power delegated by the Parliament may be a legislative instrument because it is registered as a legislative instrument, whether or not it is a legislative instrument because of another provision of this section.

Instruments that determine or alter the law etc.

Instruments declared to be legislative instruments

Note: Section 10 declares regulations and some other instruments to be legislative instruments. Section 57A declares some instruments to be legislative instruments that were made under a power delegated by the Parliament before 1 January 2005, when the substantive provisions of this Act commenced.

Instruments that are not legislative instruments

Note: Rules of court are, however, registered under this Act, and are otherwise treated as if they were legislative instruments by their enabling legislation.

No implication of legislative character (or otherwise)

No inference for other instruments

Example: In determining whether a Ministerial direction under a provision of a primary law is a legislative instrument, no inference may be drawn from the fact that a Ministerial direction under another provision of the primary law is described as a legislative instrument.

Note: Commencement instruments, which may be Proclamations, are notifiable instruments: see section 11.

What is a notifiable instrument?

Example 1: A primary law provides that “The Minister may, by notifiable instrument, approve a form for the purposes of this section.”.

Example 2: A primary law provides as follows:

“(1) The Chief Executive may, by instrument, appoint an inspector for the purposes of section [X].

Note: The effect of paragraph (c) is that an instrument (other than a legislative instrument) may be a notifiable instrument because it is registered as a notifiable instrument, even if it would not otherwise be a notifiable instrument because of this section. For a corresponding provision relating to legislative instruments, see subsection 8(3).

Modification of the operation of this Act

Example: Such a regulation may provide that a provision of this Act about explanatory statements that is expressed to apply in relation to legislative instruments is also to apply to a particular class of notifiable instruments.

Registration to satisfy other publication or notification requirements

When do legislative instruments and notifiable instruments commence?

Note: The instrument may provide for its commencement by enabling a commencement instrument to be made: see subsection (5).

Retrospective application

Commencement instruments

Omit “rule-maker the power to make a legislative instrument”, substitute “person the power to make a legislative instrument or notifiable instrument”.

Omit “legislative” (wherever occurring).

Omit “rule-maker”, substitute “person to make the instrument”.

Omit “any legislative instrument would, but for this subsection, be construed as being in excess of the rule-maker’s power”, substitute “the making of a legislative instrument or notifiable instrument would, apart from this subsection, be construed as being in excess of the power to make the instrument”.

Omit “rule-maker the power to make a legislative instrument”, substitute “person the power to make a legislative instrument or notifiable instrument”.

Omit “rule-maker may identify”, substitute “person may identify”.

Insert:

Omit “that are not legislative instruments”, substitute “other than legislative instruments or notifiable instruments”.

Omit “in a legislative instrument, the legislative instrument”, substitute “by a legislative instrument or notifiable instrument, the instrument”.

Repeal the paragraph, substitute:

Omit “first-mentioned legislative instrument takes effect”, substitute “first-mentioned instrument commences”.

After “legislative instrument”, insert “or notifiable instrument”.

Insert:

Note: The substantive provisions of this Act commenced on 1 January 2005.

Exception—forms

Legislative Instruments Act 2003

Insert:

The Federal Register of Legislation contains the following:

• Acts, legislative instruments and notifiable instruments as made, and explanatory statements for legislative instruments;

• compilations of Acts, legislative instruments and notifiable instruments;

• other relevant documents and information.

Rule-makers for legislative instruments and notifiable instruments are responsible for lodging the instruments for registration (together with explanatory statements for legislative instruments).

Legislative instruments are not enforceable unless registered.

Responsible persons for Acts, and rule-makers for legislative instruments or notifiable instruments, must notify the First Parliamentary Counsel of some events affecting the status of the Acts or instruments.

Note 1: The contents of the Federal Register of Legislation may be accessed on the approved website (see section 15C).

Note 2: The Federal Register of Legislation in its initial form consists of the following:

The Federal Register of Legislation is, for all purposes, taken to be a complete and accurate record of all registered Acts, legislative instruments and notifiable instruments.

Note: For authorised versions of Acts, legislative instruments, notifiable instruments and compilations, and judicial notice of authorised versions, see Part 3 of this Chapter.

The First Parliamentary Counsel must ensure that registered Acts, legislative instruments, notifiable instruments and compilations, and other registered documents, are available to the public on a website (an approved website) prescribed by the rules.

Registered Acts, instruments and compilations

Other errors in the Register

Section does not apply to errors in text of Acts or instruments as enacted or made, or as amended

The rules may provide for, or in relation to, the following:

The First Parliamentary Counsel must register an Act as soon as practicable after the Act is assented to.

Legislative instruments and notifiable instruments

Note: For instruments that become legislative instruments by registration, see subsection 8(3). For instruments that become notifiable instruments by registration, see paragraph 11(2)(c).

Explanatory statements for legislative instruments

Note: For explanatory statements and supplementary and replacement explanatory statements, see section 15J.

Other documents

Definition of explanatory statement

Requirements for initial and replacement explanatory statements

Requirements for supplementary explanatory statements

Single explanatory statements—one or more legislative instruments

Example: If a registered legislative instrument is expressed to commence when a particular treaty comes into force for Australia, paragraph (1)(a) would require the responsible person for the instrument to notify the First Parliamentary Counsel when the treaty comes into force.

The rules may provide for, or in relation to, any of the following:

A compilation shows the text of an Act, legislative instrument or notifiable instrument as amended (if at all) and in force on the compilation date stated in the Act or instrument.

The First Parliamentary Counsel must generally register a compilation after a registered Act or instrument is amended, and in some other circumstances.

A rule-maker for a legislative instrument or notifiable instrument must lodge a compilation for registration if the instrument is amended, or in some circumstances on notice from the First Parliamentary Counsel.

The First Parliamentary Counsel may make editorial changes and some other changes in preparing a compilation of a registered Act or instrument, as long as they do not change the effect of the Act or instrument.

Definitions

Note: Sections 48C and 48D provide for the automatic repeal of amending, repealing and commencement provisions of legislative instruments and notifiable instruments.

When an Act or instrument is amended

Compilation required to be prepared and lodged

Compilation date

Time for lodgement

Exceptions

Example: A circumstance prescribed by the rules may be if the First Parliamentary Counsel prepares and registers a compilation of a legislative instrument or notifiable instrument.

Compilation required to be prepared and lodged if notice given

Compilation date

Time for lodgement

Required compilation events for Acts

Required compilation events for instruments

Discretionary compilation events for Acts and instruments

No required or discretionary compilation event for Act or instrument

Repeal, disallowance, lapse or expiry of Act or instrument

General

Compilations reflecting retrospective amendments

Note 1: In this situation, this Division may require the lodgement or registration of a compilation of an Act or instrument with a compilation date that is the date of retrospective commencement of the amendments.

Note 2: Rules under subsection (2) may also require or permit the lodgement or registration of an additional compilation or compilations (with different compilation dates) reflecting the retrospective effect of the amendments.

Editorial changes

Note 1: For what is an editorial change, see section 15X.

Note 2: For what text forms part of the Act or instrument, see Acts Interpretation Act 1901 (which applies in relation to instruments under section 13 of this Act).section 13 of the

Presentational changes

Text not part of an Act or instrument

Note: For paragraph (c), alternative text may, for example, aurally indicate the effect of a graphic image in an Act or instrument to assist users of an approved website who have visual disabilities.

No change of effect

Note: Such a change consists of the incorporation into an Act or instrument of an application, savings, transitional, validation or similar provision that is contained in an amending Act or instrument.

If the First Parliamentary Counsel makes an editorial change to an Act or instrument under section 15V in preparing a compilation, then, after the registration of the compilation:

Note: An editorial change cannot be made to an Act, legislative instrument or notifiable instrument if it would change the effect of the Act or instrument (see subsection 15V(6)).

Example: A reference in a form to “this [blank] day of [blank] 19…” may be changed to “[Date]”.

Examples: The following are examples of references to provisions:

Example: The heading to a section may be changed to reflect the effect of an amendment of the section.

Authorised versions of registered Acts, legislative instruments, notifiable instruments, explanatory statements for legislative instruments and compilations may be sourced from the approved website. Judicial notice may be taken of authorised versions and related matters.

This Part applies in relation to each of the following documents (a registered law or explanatory statement) and, in the same way, to a provision or part of each document:

Authorised electronic versions

Example: For paragraph (a), a locked pdf file may be a format prescribed by the rules.

Example: For paragraph (a), a locked pdf file may be a format prescribed by the rules.

Authorised printed versions

Presumptions about an approved website and registered laws or explanatory statements

Forms of indication

Legislative Instruments Act 2003

Repeal the heading, substitute:

The First Parliamentary Counsel is responsible for promoting the legal effectiveness, clarity and intelligibility of legislative instruments and notifiable instruments.

Before a legislative instrument is made, the rule-maker must be satisfied that any consultation that is appropriate and reasonably practicable has taken place.

Repeal the heading, substitute:

After “legislative instruments” (wherever occurring), insert “and notifiable instruments”.

After “legislative instruments”, insert “and notifiable instruments”.

Repeal the paragraphs, substitute:

Repeal the heading.

Repeal the subsection, substitute:

Omit “subsection 26(1A)”, substitute “subsection 15J(2)”.

Repeal the section.

Repeal the Part.

Repeal the heading, substitute:

Insert:

The Office of Parliamentary Counsel must generally deliver a legislative instrument for laying before each House of the Parliament within 6 sitting days of that House after the instrument is registered (with the instrument’s registered explanatory statement, if applicable).

A legislative instrument (or a provision) may be disallowed by either House within a certain time after the instrument is tabled. A legislative instrument is taken to be repealed if it is disallowed. Some legislative instruments are required to be tabled in Parliament, but are not subject to disallowance.

Repeal the note, substitute:

Note: Some legislative instruments are not disallowable (see section 44).

Omit “legislative instrument registered under Division 2 of Part 4”, substitute “registered legislative instrument”.

Repeal the subsection.

Omit “that is required to be laid before each House of the Parliament is not so laid”, substitute “is not laid before each House of the Parliament”.

Add:

Note: See also subsection 45(1).

Repeal the section, substitute:

Note: For initial explanatory statements and supplementary and replacement explanatory statements, see section 15J.

Add:

Note: See also subsection 45(1).

Omit “, made on or after the commencing day,”.

Repeal the subsections, substitute:

Omit “Part 6”, substitute “Part 4 (sunsetting of legislative instruments)”.

Repeal the section, substitute:

Repeal the heading, substitute:

Insert:

A legislative instrument or notifiable instrument (or provision) that only repeals or amends another instrument, or provides for its commencement, is itself automatically repealed after it has achieved this effect.

Regulations made under this Act may repeal a legislative instrument or notifiable instrument (or provision) if the Attorney-General is satisfied that the instrument (or provision) to be repealed is spent or is no longer required.

Repeal the subsection, substitute:

Repeal the subsection, substitute:

Time of repeal

Add:

Note: See also subsection 45(2).

Repeal the subsections, substitute:

Time of repeal

Repeal the heading, substitute:

Subdivision C—Repeal of amending or repealing provisions of instruments containing other matter

After “legislative instrument” (first occurring), insert “or notifiable instrument”.

Omit “is made on or after the commencement of this section but”.

Omit “legislative instruments”, substitute “legislative instruments or notifiable instruments”.

Repeal the subsection, substitute:

Time of repeal

Add:

Repeal of associated provisions

Note: See also subsection 45(2).

Repeal the heading, substitute:

Subdivision D—Repeal of commencement provisions of instruments containing other matter

Repeal the subsection, substitute:

Repeal the subsection, substitute:

Time of repeal

Repeal the heading, substitute:

After “legislative instrument” (wherever occurring), insert “or notifiable instrument”.

Repeal the heading, substitute:

Insert:

Legislative instruments are automatically repealed after a fixed period of time (subject to some exceptions). The automatic repeal is called sunsetting.

Generally, legislative instruments sunset on the first 1 April or 1 October on or after the tenth anniversary of their registration. The Attorney-General may (by legislative instrument) defer sunsetting in some circumstances.

The Attorney-General must arrange for the tabling in each House of Parliament of a list of legislative instruments that are due for sunsetting on the same day. The Office of Parliamentary Counsel must then arrange for each rule-maker to be given a copy of the list.

Either House of Parliament may resolve to continue in force a legislative instrument that would otherwise sunset.

A legislative instrument does not sunset if this Act or a regulation under this Act, or another Act, provides or has the effect that this Part does not apply to the instrument.

Omit “Part 5A”, substitute “Part 3 (repeal of spent legislative instruments, notifiable instruments and provisions)”.

Omit “Part 5A”, substitute “Part 3”.

Omit “and, as such, is required under Part 4 to be registered”.

Omit “Part 5”, substitute “Part 2 (parliamentary scrutiny of legislative instruments)”.

Omit “made before, on or after the commencing day,”.

Repeal the subsections, substitute:

Repeal the heading, substitute:

Repeal the sections, substitute:

This Chapter deals with miscellaneous matters, such as the following:

• publication requirements for legislative instruments other than publication by registration;

• parliamentary scrutiny requirements for instruments other than legislative instruments or notifiable instruments, other than scrutiny under this Act;

• delegation powers of the First Parliamentary Counsel;

• a review of Part 4 of Chapter 3 (sunsetting of legislative instruments) in 2017;

• the First Parliamentary Counsel’s power to make rules for this Act (rules are legislative instruments);

• the power to make regulations under this Act, including a regulation that amends any legislative instrument or notifiable instrument with the agreement of the rule-maker for the instrument.

Gazettal requirements satisfied by registration

Other publication or notification requirements in addition to registration

Note: The substantive provisions of this Act commenced on 1 January 2005.

Repeal the subsections, substitute:

Omit “the commencing day” (wherever occurring), substitute “1 January 2005”.

Omit “of Part 5 of this Act”.

Add:

Note: The substantive provisions of this Act commenced on 1 January 2005.

Insert:

For the purposes of subsection 8(5) (meaning of legislative instrument), an instrument is a legislative instrument if:

Note: The substantive provisions of this Act commenced on 1 January 2005.

Repeal the paragraph, substitute:

Repeal the section, substitute:

Repeal the subsection, substitute:

Omit “Part 6”, substitute “Part 4 of Chapter 3”.

Omit “within 9 months after the 12th anniversary of the commencing day”, substitute “before 1 October 2017”.

Repeal the section, substitute:

The First Parliamentary Counsel may, by legislative instrument, make rules prescribing all matters required or permitted by this Act to be prescribed by the rules.

After “prescribed”, insert “by regulation”.

Repeal the Schedule.

Acts Citation Act 1976

Repeal the Act.

Acts Publication Act 1905

Repeal the Act.

Ordinances and Regulations (Notification) Act 1972

Repeal the Act.

Acts Interpretation Act 1901

Omit:

Legislative Instruments Act 2003 and subsection 46(1) of this Act).Part 1 provides that this Act applies to all Acts. This Act also applies to legislative instruments and other instruments made under an Act (see subsection 13(1) of the

substitute:

Legislation Act 2003 and subsection 46(1) of this Act).Part 1 provides that this Act applies to all Acts. This Act also applies to legislative instruments, notifiable instruments and other instruments made under an Act (see subsection 13(1) of the

Omit:

Part 10 deals with non-legislative instruments. For example, it provides that this Act applies to those instruments and that expressions in those instruments have the same meaning as in the enabling legislation.

substitute:

Part 10 deals with instruments other than legislative instruments or notifiable instruments. For example, it provides that this Act applies to those instruments and that expressions in those instruments have the same meaning as in the enabling legislation.

Omit “and other instruments made under an Act: see subsection 13(1) of the Legislative Instruments Act 2003”, substitute “, notifiable instruments and other instruments: see subsection 13(1) of the Legislation Act 2003”.

Insert:

legislative instrument has the same meaning as in the Legislation Act 2003.

notifiable instrument has the same meaning as in the Legislation Act 2003.

Repeal the definition, substitute:

Proclamation means a Proclamation by the Governor-General that is registered in the Federal Register of Legislation established under the Legislation Act 2003 as a legislative instrument or notifiable instrument.

Note: Some Proclamations provide solely for the commencement of Acts, legislative instruments or notifiable instruments, or provisions of Acts or such instruments. Under Legislation Act 2003, these are notifiable instruments.section 11 of the

Omit “it shall come into operation immediately on the expiration of the last preceding day”, substitute “it comes into operation at the start of the day”.

Add:

Note: This text is known as alternative text or “alt text”. Alternative text may be accessible in an electronic version of an Act or compilation that is published on an approved website under the Legislation Act 2003. This text may, for example, aurally indicate the effect of a graphic image in an Act to assist users of the website who have visual disabilities.

Repeal the section.

After “except a legislative instrument”, insert “, a notifiable instrument”.

Omit “in Legislative Instruments Act 2003”, substitute “and notifiable instruments, in section 13 of the Legislation Act 2003”.section 13 of the

Repeal the heading, substitute:

Repeal the heading, substitute:

Insert:

Citation of Acts, legislative instruments and notifiable instruments

Citation of Imperial Acts, State Acts and Territory Acts

Repeal the paragraph.

Repeal the heading, substitute:

Omit “an authority the power to make an instrument that is neither a legislative instrument for the purposes of the Legislative Instruments Act 2003 nor”, substitute “a person (the authority) the power to make an instrument other than a legislative instrument, notifiable instrument or”.

Repeal the paragraph, substitute:

Insert:

Omit “, in Legislative Instruments Act 2003”, substitute “and notifiable instruments, in section 13 of the Legislation Act 2003”.section 13 of the

Omit “that is neither a legislative instrument for the purposes of the Legislative Instruments Act 2003 nor”, substitute “, other than a legislative instrument, a notifiable instrument or”.

Repeal the paragraph, substitute:

Omit “instrument takes effect”, substitute “instrument commences”.

Insert:

Note 1: Section 4 of the Legislation Act 2003 defines a disallowable legislative instrument as a legislative instrument to which section 42 of that Act applies.

Note 2: The substantive provisions of the Legislation Act 2003 commenced on 1 January 2005.

Exception—forms

Omit “, in Legislative Instruments Act 2003”, substitute “and notifiable instruments, in section 14 of the Legislation Act 2003”.section 14 of the

Repeal the section.

Defence Act 1903

Repeal the subsections, substitute:

Note: Section 14 of the Legislation Act 2003 allows legislative instruments to provide for matters by reference to disallowable legislative instruments as in force at a particular time or from time to time. That section would, for example, allow a determination under this section to provide for matters by reference to a determination under section 58B as in force at a particular time or from time to time.

Omit “instrument in writing”, substitute “legislative instrument”.

Repeal the subsection, substitute:

Note: Section 14 of the Legislation Act 2003 allows legislative instruments to provide for matters by reference to disallowable legislative instruments as in force at a particular time or from time to time.

Repeal the subsections.

Omit “58B or”.

Add:

Note: In addition, Legislation Act 2003 allows regulations to prescribe matters by reference to disallowable legislative instruments as in force at a particular time or from time to time. That section would, for example, allow a regulation to prescribe matters by reference to a determination under section 58B as in force at a particular time or from time to time.section 14 of the

Defence Force Discipline Act 1982

Omit “a provision of any other regulations under any Act as in force at a particular time or as in force from time to time, or any determination under section 58B or 58H”, substitute “a determination under section 58H”.

Add:

Note: In addition, Legislation Act 2003 allows regulations to prescribe matters by reference to disallowable legislative instruments as in force at a particular time or from time to time. That section would, for example, allow a regulation to prescribe matters by reference to a determination under section 58B of the Defence Act 1903 as in force at a particular time or from time to time.section 14 of the

Defence Force Retirement and Death Benefits Act 1973

Omit “58B or”.

Add:

Note: In addition, Legislation Act 2003 allows regulations to prescribe matters by reference to disallowable legislative instruments as in force at a particular time or from time to time. That section would, for example, allow a regulation to prescribe matters by reference to a determination under section 58B of the Defence Act 1903 as in force at a particular time or from time to time.section 14 of the

Family Law Act 1975

Repeal the heading, substitute:

Omit “Legislative Instruments Act 2003 (other than sections 5, 6, 7, 10, 11 and 16 of that Act)”, substitute “Legislation Act 2003 (other than sections 8, 9, 10 and 16 of that Act)”.

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Omit “Legislative Instruments Act 2003 (other than sections 5, 6, 7, 10, 11 and 16 of that Act)”, substitute “Legislation Act 2003 (other than sections 8, 9, 10 and 16 of that Act)”.

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Omit “Legislative Instruments Act 2003 (other than sections 5, 6, 7, 10, 11 and 16 of that Act)”, substitute “Legislation Act 2003 (other than sections 8, 9, 10 and 16 of that Act)”.

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Omit “Legislative Instruments Act 2003 (other than the provisions of Part 5”, substitute “Legislation Act 2003 (other than the provisions of Part 2 of Chapter 3”.

Federal Circuit Court of Australia Act 1999

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Omit “Legislative Instruments Act 2003 (other than sections 5, 6, 7, 10, 11 and 16 of that Act)”, substitute “Legislation Act 2003 (other than sections 8, 9, 10 and 16 of that Act)”.

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Omit “Legislative Instruments Act 2003 (other than the provisions of Part 5”, substitute “Legislation Act 2003 (other than the provisions of Part 2 of Chapter 3”.

Federal Court of Australia Act 1976

Omit “Legislative Instruments Act 2003 (other than sections 5, 6, 7, 10, 11 and 16 of that Act)”, substitute “Legislation Act 2003 (other than sections 8, 9, 10 and 16 of that Act)”.

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Repeal the heading, substitute:

Omit “Legislative Instruments Act 2003 (other than the provisions of Part 5”, substitute “Legislation Act 2003 (other than the provisions of Part 2 of Chapter 3”.

Great Barrier Reef Marine Park Act 1975

Omit “(see item 23 of the table in subsection 44(2), and item 22 of the table in subsection 54(2), of the Legislative Instruments Act 2003)”, substitute “(see regulations made for the purposes of subsections 44(2) and 54(2) of the Legislation Act 2003)”.

Omit “(see item 22 of the table in subsection 54(2) of the Legislative Instruments Act 2003)”, substitute “(see regulations made for the purposes of subsection 54(2) of the Legislation Act 2003)”.

Omit “(see item 22 of the table in subsection 54(2) of the Legislative Instruments Act 2003)”, substitute “(see regulations made for the purposes of subsection 54(2) of the Legislation Act 2003)”.

Health Insurance Commission (Reform and Separation of Functions) Act 1997

Repeal the heading, substitute:

Omit “Legislative Instruments Act 1997”, substitute “Legislation Act 2003”.

Human Rights (Parliamentary Scrutiny) Act 2011

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Omit “Legislative Instruments Act 2003” (first occurring), substitute “Legislation Act 2003”.

Omit “subsection 26(1A) of the Legislative Instruments Act 2003”, substitute “section 15J of the Legislation Act 2003”.

Judiciary Act 1903

Omit “Legislative Instruments Act 2003 (other than sections 5, 6, 7, 10, 11 and 16 of that Act)”, substitute “Legislation Act 2003 (other than sections 8, 9, 10 and 16 of that Act)”.

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Omit “Legislative Instruments Act 2003 (other than the provisions of Part 5”, substitute “Legislation Act 2003 (other than the provisions of Part 2 of Chapter 3”.

Motor Vehicle Standards Act 1989

Repeal the note, substitute:

Note: Legislation Act 2003, which deals with sunsetting of legislative instruments, does not apply to a determination under this section (see regulations made for the purposes of subsection 54(2) of that Act).Part 4 of Chapter 3 of the

Repeal the note, substitute:

Note: Legislation Act 2003, which deals with sunsetting of legislative instruments, does not apply to a determination under this section (see regulations made for the purposes of subsection 54(2) of that Act).Part 4 of Chapter 3 of the

Parliamentary Counsel Act 1970

Omit “Acts Publication Act 1905, the Legislative Instruments Act 2003”, substitute “the Legislation Act 2003”.

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

Omit “for the purposes of the Legislative Instruments Act 2003”.

Repeal the note, substitute:

Note: Legislation Act 2003, which deals with sunsetting of legislative instruments, does not apply to an order under this subsection (see regulations made for the purposes of subsection 54(2) of that Act).Part 4 of Chapter 3 of the

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Radiocommunications Act 1992

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Omit “Legislative Instruments Act 1997”, substitute “Legislation Act 2003”.

Telecommunications Act 1997

Omit “Legislative Instruments Act 1997”, substitute “Legislation Act 2003”.

Trade Marks Act 1995

Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.

Omit “Legislative Instruments Act 1995”, substitute “Legislation Act 2003”.

Note 1: Legislative Instruments Act 2003 to change the short title of that Act to the Legislation Act 2003.Part 1 of this Schedule amends the

Note 2: Section 10 of the Acts Interpretation Act 1901 deals with references (in other Acts) to Acts whose short title is changed. That section applies to other Commonwealth laws (see section 46 of that Act and section 13 of the Legislation Act 2003).

Subject to this Part, the amendments of Acts made by this Schedule apply in relation to an instrument made before, on or after the commencement of this Schedule.

Status of legislative instruments

Status of non-legislative instruments

Note: Before the commencement of this Schedule, subsection 15AE(3) of the Acts Interpretation Act 1901 (which is repealed by Part 5 of this Schedule) provided that if a primary law (including an Act or a legislative instrument) provided for another instrument to be made that was described as not being a legislative instrument, the other instrument was not a legislative instrument.

The Legislation Act 2003, as that Act is amended by this Schedule, does not continue the effect of this provision in the case of a primary law that is a legislative instrument (see section 8 of that Act).

Instruments may become legislative instruments by registration

Note: The Legislative Instruments Act 2003 is renamed by this Act as the Legislation Act 2003.

Example: Subsection 285(4) of the Australian Securities and Investments Commission Act 2001 provides that “Despite subsection 12(2) of the Legislative Instruments Act 2003, regulations made for the purposes of this section may be expressed to take effect from a date before the regulations are registered under that Act.”. This is a displacing provision.

Note 1: The Legislative Instruments Act 2003 is renamed by this Act as the Legislation Act 2003.

Note 2: Generally, subsection 12(2) of that Act as amended by Part 1 of this Schedule provides that a provision of a legislative instrument or notifiable instrument does not apply retrospectively to the extent that it would have an adverse effect.

Paragraph 11(2)(a) of the Legislation Act 2003, as that Act is amended by this Schedule, applies in relation to a commencement instrument made on or after the commencement of this Schedule.

Note: Paragraph 11(2)(a) of that Act provides that commencement instruments are notifiable instruments. A Proclamation that provides solely for the commencement of an Act or a provision of an Act is an example of a “commencement instrument”.

Under paragraph 6(e) of the Legislative Instruments Act 2003, Proclamations made before the commencement of this Schedule were declared to be legislative instruments (though commencement Proclamations were not subject to disallowance: see the table in subsection 44(2) of that Act).

Registration of Acts and compilations

Registration of legislative instruments, compilations, explanatory statements and other documents or information

Note: Under section 21 of that Act, information relating to legislative instruments was able to be included in the Federal Register of Legislative Instruments. Subitem (3) would provide that documents containing such information are taken to be registered on the Federal Register of Legislation.

Section 56 of the Legislation Act 2003, as that Act is amended by Part 3 of this Schedule, applies in relation to:

Despite the repeal of the Ordinances and Regulations (Notification) Act 1972 by Part 4 of this Schedule, that Act continues to apply in relation to the publication in the Gazette, before the commencement of that Act, of a form of words mentioned in subsection 3(1) of that Act.

The definition of Proclamation in section 2B of the Acts Interpretation Act 1901, as that Act is amended by Part 5 of this Schedule, is taken to include a Proclamation by the Governor-General that was published in the Gazette before the commencement of this Schedule.

Subsection 40(1A) of the Acts Interpretation Act 1901, as that Act is amended by Part 5 of this Schedule, applies in relation to an Act, instrument or document (the citing Act, instrument or document) that cites an Act or legislative instrument:

Note: Section 46B of the Acts Interpretation Act 1901 provided a notice and parliamentary scrutiny regime for some instruments that were declared not to be legislative instruments.

Omit:

substitute:

Insert:

Administrative Arrangements Order:

Note: The Administrative Arrangements Order sets out, from time to time, the matters dealt with by Departments of State of the Commonwealth together with the legislation administered by the Ministers for those Departments.

Repeal the sections, substitute:

Note: Substituted reference orders under section 19B may have effect in relation to days before the orders are made.

Acting Ministers

Example: A provision of an Act refers to “the Secretary of the Department” but does not identify which Department is referred to. Under item 1, the reference is to the Secretary of the Department administered by the Minister who administers that provision in relation to the relevant matter, and that deals with that matter, as worked out under subsection (2).

Note: Substituted reference orders under section 19B may have effect in relation to days before the orders are made.

Scope

Substituted reference orders—Ministers, Departments, Agencies and offices

Note: A substituted reference order may be amended or revoked in the same way as it is made (see subsection 33(3)).

Note: The order has effect for the purpose of the making of any subsequent order under this section.

Authority abolished and another established with the same name

Note: However, a substituted reference order may be made if either of the following happens in relation to the authority;

Definition of authority

authority means any of the following:

Note: Offices are offices in and for the Commonwealth (see section 21). An example is the office of Secretary of a Department of State.

Scope

References to authorities in Commonwealth agreements

Note: Substituted reference orders under section 19B may have effect in relation to days before the orders are made.

Note 1: A determination may be amended or revoked in the same way as it is made (see subsection 33(3)).

Note 2: Notifiable instruments must be registered under the Legislation Act 2003, but they are not subject to parliamentary scrutiny or sunsetting under that Act.

Definition of authority

authority means any of the following:

Note: Offices are offices in and for the Commonwealth (see section 21). An example is the office of Secretary of a Department of State.

Saving the validity of acts done by authorities

Machinery of government change

Powers, functions and duties

Definition of authority

authority means any of the following persons or bodies:

Note: Offices are offices in and for the Commonwealth (see section 21). An example is the office of Secretary of a Department of State.

In a provision of an Act, or of an agreement entered into by or on behalf of the Commonwealth, a reference in general terms to the holder or occupier of an office, appointment or position includes all persons who for the time being:

The amendments of the Acts Interpretation Act 1901 made by Part 1 of this Schedule apply in relation to an Act or instrument made before, on or after the commencement of this Schedule, subject to this Part.

An order under Acts Interpretation Act 1901 that was in force immediately before the commencement of this Schedule continues in force on and after that commencement (subject to that Act as amended by the amendments in Part 1 of this Schedule) as if the order had been made by the Governor-General under section 19B of that Act as that Act is amended by this Schedule.section 19B or 19BA of the

Note: Section 19C of the Acts Interpretation Act 1901, and new section 19C of that Act as amended by this Schedule, deal with references in Commonwealth agreements to a Department, Minister, officer or other body.

Section 19D of the Acts Interpretation Act 1901, as amended by this Schedule, applies:

Repeal the Act.

Aboriginal and Torres Strait Islanders (Queensland Reserves and Communities Self-management) Act 1978

Repeal the subsections, substitute:

Note: A by-law made by the Council and approved by the Minister is stated to be a legislative instrument made by the Minister so that the Minister may perform the functions of a rule-maker in relation to the instrument under the Legislation Act 2003. For example, under that Act a rule-maker for a legislative instrument is required to lodge the instrument (and any amendments and compilations of the instrument) for registration under that Act.

Aboriginal Land Grant (Jervis Bay Territory) Act 1986

Repeal the subsections, substitute:

Note: A by-law made by the Council and received by the Minister is stated to be a legislative instrument made by the Minister so that the Minister may perform the functions of a rule-maker in relation to the instrument under the Legislation Act 2003. For example, under that Act a rule-maker for a legislative instrument is required to lodge the instrument (and any amendments and compilations of the instrument) for registration under that Act.

Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987

Repeal the subsections, substitute:

Note: A by-law made by the Corporation and received by the Minister is stated to be a legislative instrument made by the Minister so that the Minister may perform the functions of a rule-maker in relation to the instrument under the Legislation Act 2003. For example, under that Act a rule-maker for a legislative instrument is required to lodge the instrument (and any amendments and compilations of the instrument) for registration under that Act.

Repeal the subsections, substitute:

Note: A by-law made by the Corporation and received by the Minister is stated to be a legislative instrument made by the Minister so that the Minister may perform the functions of a rule-maker in relation to the instrument under the Legislation Act 2003. For example, under that Act a rule-maker for a legislative instrument is required to lodge the instrument (and any amendments and compilations of the instrument) for registration under that Act.

Australian Broadcasting Corporation Act 1983

Omit “by notice in the Gazette”, substitute “under subsection (6)”.

Repeal the subsection, substitute:

Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989

Omit “, in writing,”, substitute “under subsection (2)”.

Repeal the subsection, substitute:

Note: Notifiable instruments must be registered under the Legislation Act 2003, but they are not subject to parliamentary scrutiny or sunsetting under that Act.

Repeal the subsection, substitute:

Australian Radiation Protection and Nuclear Safety Act 1998

Omit “declare by notice in writing”, substitute “by legislative instrument, declare”.

Repeal the subsection.

Omit “declare by notice in writing”, substitute “by legislative instrument, declare”.

Repeal the subsection.

Broadcasting Services Act 1992

Omit “by notice in the Gazette,”, substitute “under subsection (2),”.

Repeal the subsection, substitute:

Omit “by notice in the Gazette”, substitute “under subsection (4)”.

Repeal the subsection, substitute:

Omit “by notice in the Gazette”, substitute “by legislative instrument”.

Repeal the section.

Omit “notify the ACMA in writing”, substitute “, by legislative instrument, notify the ACMA”.

Repeal the section.

Omit “writing”, substitute “legislative instrument”.

Repeal the subsection.

Omit “written determination”, substitute “legislative instrument”.

Repeal the subsection.

Omit “, by notice published in the Gazette, specify”, substitute “give notice, by legislative instrument, specifying”.

Omit “, by notice published in the Gazette, amend”, substitute “give notice, by legislative instrument, amending”.

Omit “publishes in the Gazette before that time a declaration”, substitute “, by legislative instrument registered under the Legislation Act 2003 before that time, declares”.

Omit “publish”, substitute “make”.

Omit “publishes in the Gazette before that time a declaration”, substitute “, by legislative instrument registered under the Legislation Act 2003 before that time, declares”.

Omit “, by notice published in the Gazette, amend”, substitute “give notice, by legislative instrument, amending”.

Repeal the subsection.

Omit “by notice published in the Gazette,”, substitute “by legislative instrument,”.

Omit “by notice published in the Gazette”, substitute “by legislative instrument”.

Repeal the section.

Omit “formulate written”, substitute “, by legislative instrument, formulate”.

Repeal the subsection.

Omit “make a disallowable instrument designating”, substitute “, by legislative instrument, designate”.

Omit “by writing”, substitute “by legislative instrument”.

Repeal the subsection.

Omit “by writing”, substitute “by legislative instrument”.

Repeal the subsection.

Repeal the subsection (not including the note).

Omit “writing”, substitute “legislative instrument”.

Repeal the subsection (not including the note).

Omit “make a written”, substitute “, by legislative instrument, make a”.

Repeal the subclause.

Repeal the subclause (not including the note).

Omit “make a written”, substitute “, by legislative instrument, make a”.

Repeal the subclause.

Repeal the subclause (not including the note).

Omit “make a written”, substitute “, by legislative instrument, make a”.

Repeal the subclause.

Repeal the subclause (not including the note).

Omit “make a written”, substitute “, by legislative instrument, make a”.

Repeal the subclause.

Repeal the subclause (not including the note).

Omit “make a written”, substitute “, by legislative instrument, make a”.

Repeal the subclause.

Repeal the subclause (not including the note).

Omit “written”, substitute “legislative”.

Repeal the subclause.

Omit “in writing”, substitute “by legislative instrument”.

Omit “notice in writing”, substitute “legislative instrument”.

Repeal the subclause.

Commerce (Trade Descriptions) Act 1905

Omit “disallowable instrument for the purposes of Acts Interpretation Act 1901”, substitute “legislative instrument”.section 46A of the

Competition and Consumer Act 2010

Omit “give written directions”, substitute “, by legislative instrument, give a direction”.

Omit “give a written direction”, substitute “, by legislative instrument, give a direction”.

Repeal the subsection.

Omit “written”.

Repeal the subsection, substitute:

Omit “written”.

Repeal the subsection, substitute:

Omit “determination under”, substitute “determination made for the purposes of”.

Customs Act 1901

Repeal the subsection.

Repeal the section.

Omit “give to the Commissioner such written directions”, substitute “, by legislative instrument, give to the Commissioner such directions”.

Repeal the subsections.

Defence (Visiting Forces) Act 1963

Repeal the section.

Environment Protection and Biodiversity Conservation Act 1999

Omit “declare in writing”, substitute “, by legislative instrument, declare”.

Repeal the subsection.

Omit “by instrument published in the Gazette”, substitute “by legislative instrument”.

Omit “by instrument published in the Gazette”, substitute “by legislative instrument”.

Repeal the subsection, substitute:

Note: When the list was first established, it was required to be established by instrument published in the Gazette.

Omit “by instrument published in the Gazette”, substitute “by legislative instrument”.

Omit “by instrument published in the Gazette”, substitute “by legislative instrument”.

Repeal the subsection.

Omit “an up-to-date copy”, substitute “up-to-date copies”.

Omit “by instrument published in the Gazette”, substitute “by legislative instrument”.

Repeal the subsection, substitute:

Repeal the subsections, substitute:

Omit “Acts Interpretation Act 1901”, substitute “Part 2 of Chapter 3 of the Legislation Act 2003”.section 48 of the

Omit “an instrument”, substitute “an amendment under subsection (1)”.

Omit “cause the necessary instrument to be published in the Gazette”, substitute “amend the list accordingly under subsection 249(1)”.

Repeal the paragraph, substitute:

Add:

Note: Amendments of the list to add or delete an item are legislative instruments (see section 249).

Omit “by instrument published in the Gazette”, substitute “by legislative instrument”.

Repeal the subsection.

Omit “by instrument published in the Gazette”, substitute “by legislative instrument”.

Repeal the subsections.

Repeal the subparagraph, substitute:

Repeal the subsection, substitute:

Note: Notifiable instruments must be registered under the Legislation Act 2003, but they are not subject to parliamentary scrutiny or sunsetting under that Act.

Omit “by instrument published in the Gazette”, substitute “by legislative instrument”.

Repeal the subsection.

Repeal the subsection, substitute:

Omit “paragraph (1)(e)”, substitute “paragraph (1)(b)”.

Omit “paragraph (1)(a), (b), (c) or (d)”, substitute “paragraph (1)(a)”.

Repeal the subsections, substitute:

Omit “by instrument published in the Gazette”, substitute “by legislative instrument”.

Repeal the subsection.

Repeal the subsection, substitute:

Omit “paragraph (1)(c)”, substitute “paragraph (1)(b)”.

Omit “paragraph (1)(a), (b), (d) or (e)”, substitute “paragraph (1)(a)”.

Repeal the subsection.

Repeal the subsection, substitute:

Omit “make a written”, substitute “, by legislative instrument, make a”.

Repeal the subsection.

Omit “by instrument published in the Gazette”, substitute “by legislative instrument”.

Repeal the subsection, substitute:

Repeal the subsection, substitute:

Omit “notice published in the Gazette”, substitute “notifiable instrument”.

Add:

Note: Notifiable instruments must be registered under the Legislation Act 2003, but they are not subject to parliamentary scrutiny or sunsetting under that Act.

Repeal the subsection, substitute:

Note 1: The Minister must first obtain and consider the advice of the Australian Heritage Council (see section 324M).

Note 2: For requirements relating to the instrument under the Legislation Act 2003, see subsections (5) and (6) of this section.

Repeal the subsections, substitute:

Note: Notifiable instruments must be registered under the Legislation Act 2003, but they are not subject to parliamentary scrutiny or sunsetting under that Act.

Omit “published in the Gazette”, substitute “made”.

Omit “publication in the Gazette of an instrument”, substitute “registration under the Legislation Act 2003 of a legislative instrument”.

Repeal the subsection, substitute:

Note 1: The Minister must first obtain and consider the advice of the Australian Heritage Council (see section 341M).

Note 2: For requirements relating to the instrument under the Legislation Act 2003, see subsections (6) and (7) of this section.

Repeal the subsections, substitute:

Note: Notifiable instruments must be registered under the Legislation Act 2003, but they are not subject to parliamentary scrutiny or sunsetting under that Act.

Omit “published in the Gazette”, substitute “made”.

Omit “publication in the Gazette”, substitute “registration under the Legislation Act 2003”.

Repeal the heading, substitute:

Repeal the subsections, substitute:

Omit “instrument in writing”, substitute “legislative instrument”.

Repeal the subsection.

Repeal the note.

Export Control Act 1982

Repeal the subsection, substitute:

Repeal the subsections.

Fisheries Management Act 1991

Omit “disallowable instrument for the purposes of Acts Interpretation Act 1901”, substitute “legislative instrument”.section 46A of the

Omit “disallowable instrument for the purposes of Acts Interpretation Act 1901”, substitute “legislative instrument”.section 46A of the

Foreign Proceedings (Excess of Jurisdiction) Act 1984

Omit “, by order in writing, prohibit”, substitute “, by legislative instrument, make an order prohibiting”.

Omit “by instrument in writing”, substitute “by legislative instrument,”.

Insert:

Note 1: See subsection 10(8).

Note 2: Notifiable instruments must be registered under the Legislation Act 2003, but they are not subject to parliamentary scrutiny or sunsetting under that Act.

Note: Subsection 12(1) of the Legislation Act 2003 provides that a legislative instrument commences on the day it is registered under that Act, or otherwise as provided by the instrument.

Omit “, by order in writing, declare” substitute “, by legislative instrument, make an order declaring”.

Add:

Note 1: Subsection 12(1) of the Legislation Act 2003 deals with the commencement of legislative instruments.

Note 2: Notifiable instruments must be registered under the Legislation Act 2003, but they are not subject to parliamentary scrutiny or sunsetting under that Act.

Omit “by order in writing prohibit”, substitute “by legislative instrument, make an order that prohibits”.

Omit “by order prohibit”, substitute “by legislative instrument, make an order prohibiting”.

Repeal the section.

Omit “notice of that order published in the Gazette in accordance with subsection 48(1) of the Acts Interpretation Act 1901 as applied by subsection 15(1) of this Act”, substitute “order”.

Omit “notice of the order published as mentioned in paragraph (a)”, substitute “content of the order”.

Repeal the subsection, substitute:

Note: Subsection 12(2) of the Legislation Act 2003 is about the retrospective application of legislative instruments (such as regulations).

Gene Technology Act 2000

Omit “may issue”, substitute “may, by legislative instrument, issue”.

Repeal the subsection.

Omit “may issue”, substitute “may, by legislative instrument, issue”.

Repeal the subsection.

Omit “by writing”, substitute “by legislative instrument”.

Repeal the subsection.

Omit “vary the GMO Register by written determination”, substitute “, by legislative instrument, vary the GMO Register”.

Repeal the subsection.

Health and Other Services (Compensation) Act 1995

After “determines”, insert “under subsection (4)”.

Omit “subsection (2)”, substitute “subsection (4)”.

Repeal the subsection, substitute:

Health Insurance Act 1973

Omit “instrument in writing”, substitute “legislative instrument”.

Repeal the subsection.

Omit “in writing”, substitute “under subsection (4)”.

Omit “in writing”, substitute “by legislative instrument”.

Repeal the subsection.

Omit “by writing”, substitute “by legislative instrument”.

Repeal the subsection, substitute:

Note: Subsection 12(2) of the Legislation Act 2003 is about the retrospective application of legislative instruments.

Repeal the subsections.

Omit “in writing”.

Omit “in writing”.

Omit “written”.

Repeal the subsection, substitute:

Omit “in writing”, substitute “by legislative instrument”.

Repeal the section.

Omit “by order in writing, declare”, substitute “by legislative instrument, make an order declaring”.

Repeal the subsections.

Omit “in writing”, substitute “by legislative instrument”.

Repeal the subsection.

Omit “in writing”, substitute “by legislative instrument”.

Repeal the subsection.

After “by the Minister”, insert “, by legislative instrument,”.

Repeal the subsection.

Add “under subsection (6)”.

Omit “in writing by the Minister from time to time”, substitute “by the Minister under subsection (6)”.

Repeal the subsection, substitute:

Omit “20AB(3)”, substitute “20AB(6)”.

Omit “approve, in writing,”, substitute “, by legislative instrument, approve”.

Omit “vary, in writing,”, substitute “, by legislative instrument, vary”.

Repeal the subsections.

Omit “a determination in writing”, substitute “legislative instrument”.

Repeal the subsection.

Omit “, in writing,”, substitute “under subsection (12)”.

Repeal the subsections, substitute:

Omit “, in writing,”, substitute “under subsection (13)”.

Repeal the subsections, substitute:

Omit “in writing”, substitute “by legislative instrument”.

Repeal the subsection.

Omit “The Minister may approve, in writing, for the purposes of this Act”, substitute “For the purposes of this Act, the Minister may, by legislative instrument, approve”.

Repeal the subsection.

Omit “(1)”.

Omit “determine, in writing,”, substitute “, by legislative instrument, determine”.

Repeal the subsection.

Omit “by instrument in writing”, substitute “by legislative instrument”.

Repeal the subsections.

Omit “by signed writing”, substitute “by legislative instrument”.

Repeal the section.

Hearing Services Administration Act 1997

Omit “writing”, substitute “legislative instrument”.

Repeal the subsection.

Omit “written instrument”, substitute “legislative instrument”.

Repeal the subsection.

Omit “writing”, substitute “legislative instrument”.

Repeal the subsection.

Omit “written instrument”, substitute “legislative instrument”.

Repeal the subsection.

Omit “written instrument”, substitute “legislative instrument”.

Repeal the subsection.

High Court of Australia Act 1979

Omit “in writing”, substitute “, by legislative instrument,”.

Repeal the subsections, substitute:

Horticulture Marketing and Research and Development Services Act 2000

After “Secretary may”, insert “, by legislative instrument,”.

Repeal the note.

Omit “Note 2”, substitute “Note”.

Omit “on which the order is notified in the Gazette”, substitute “that the order is registered under the Legislation Act 2003”.

Repeal the note.

Repeal the subsection.

Add:

After “The Secretary may”, insert “, by legislative instrument,”.

Repeal the subsections, substitute:

After “Secretary may”, insert “, by legislative instrument,”.

Repeal the subsections.

Omit “or section 19”.

Imported Food Control Act 1992

Omit “under paragraph 16(2)(a)”, substitute “made for the purposes of paragraph 16(2)(a)”.

Omit “and, from time to time, to vary orders so made”.

Omit “under”, substitute “for the purposes of”.

Add:

Note: The order may be varied or revoked by the Minister in the same way as it is made, and subject to the same conditions (see subsection 33(3) of the Acts Interpretation Act 1901).

Repeal the section, substitute:

The Minister must not make an order for the purposes of paragraph 16(2)(a) without first consulting Food Standards Australia New Zealand.

Note: The order may be varied or revoked by the Minister in the same way as it is made, and subject to the same conditions (see subsection 33(3) of the Acts Interpretation Act 1901).

Industrial Chemicals (Notification and Assessment) Act 1989

Omit “by instrument published in the Chemical Gazette”, substitute “by legislative instrument”.

Repeal the subsection, substitute:

Interactive Gambling Act 2001

Omit “writing”, substitute “legislative instrument”.

Repeal the subsection.

Omit “writing”, substitute “legislative instrument”.

Repeal the subsection.

Omit “written”, substitute “legislative”.

Repeal the subsection.

Omit “written”, substitute “legislative”.

Repeal the subsection.

Omit “written”, substitute “legislative”.

Repeal the subsection.

Omit “written”, substitute “legislative”.

Repeal the subsection.

Omit “written”, substitute “legislative”.

Repeal the subsection.

Omit “written”, substitute “legislative”.

Repeal the subsection.

Omit “(1) The ACMA may, by written”, substitute “The ACMA may, by legislative”.

Repeal the subsection.

Omit “written”, substitute “legislative”.

Repeal the subsection.

National Blood Authority Act 2003

Omit “written notice”, substitute “notice under subsection (2)”.

Repeal the subsection, substitute:

Omit “written notice”, substitute “notice under subsection (2)”.

Repeal the subsection, substitute:

Omit “written determination made by the Minister”, substitute “determination made by the Minister under subsection (4)”.

Repeal the subsection, substitute:

Omit “determine in writing”, substitute “, by legislative instrument, determine”.

Repeal the subsection.

Omit “written determination made by the Minister”, substitute “determination made by the Minister under subsection (3)”.

Repeal the subsection, substitute:

Omit “written determination made by the Minister”, substitute “determination made by the Minister under subsection (4)”.

Repeal the subsection, substitute:

National Environment Protection Measures (Implementation) Act 1998

Omit “, by order published in the Gazette, prohibit or restrict”, substitute “, by legislative instrument, make an order that prohibits or restricts”.

Repeal the subsection.

National Health Act 1953

Omit “of the National Health Act 1953”.

Omit “written determination made by the Minister for the purposes of this subsection”, substitute “determination made by the Minister under subsection (5)”.

Repeal the heading, substitute:

Determinations are legislative instruments

Repeal the subsection, substitute:

Omit “by written instrument”, substitute “by legislative instrument”.

Repeal the subsection.

Omit “written determination made by the Minister for the purposes of this subsection”, substitute “determination made by the Minister under subsection (4)”.

Repeal the subsection, substitute:

Omit “under paragraph 92A(1)(f)”, substitute “for the purposes of paragraph 92A(1)(f)”.

Omit “in writing by the Secretary for the purposes of this paragraph”, substitute “by the Secretary under subsection (3)”.

Repeal the subsection, substitute:

Omit “under paragraph 92A(1)(f)”, substitute “for the purposes of paragraph 92A(1)(f)”.

Add “under subsection (1A)”.

Repeal the subsection, substitute:

Omit “from time to time”, substitute “by legislative instrument”.

Repeal the section.

Omit “by written determination”, substitute “by legislative instrument”.

Repeal the subsection.

Omit “determine, in writing,”, substitute “, by legislative instrument, determine”.

Repeal the subsection.

Omit “(1) The Minister must, by writing”, substitute “The Minister must, by legislative instrument”.

Repeal the subsection.

Omit “notice in writing”, substitute “legislative instrument”.

Omit “written notice”, substitute “legislative instrument”.

Repeal the subsections, substitute:

Repeal the section.

National Transmission Network Sale Act 1998

Omit “In this Act, unless the contrary intention appears:”, substitute “(1) In this Act:”.

Omit “, in writing,”, substitute “under subsection (2)”.

Omit “, in writing,”, substitute “under subsection (2)”.

Add:

Omit “, in writing,”, substitute “under subsection (5A)”.

Insert:

Omit “in the Gazette”, substitute “under subsection (6)”.

Add:

Repeal the section.

National Transport Commission Act 2003

Omit “Acts Interpretation Act 1901”, substitute “section 14 of the Legislation Act 2003”.section 49A of the

Repeal the subsection.

Primary Industries Levies and Charges Collection Act 1991

Repeal the subsections, substitute:

Primary Industry Councils Act 1991

Repeal the subsections, substitute:

Radiocommunications Act 1992

Omit “written”, substitute “legislative”.

Repeal the section.

Omit “notice published in the Gazette” substitute “legislative instrument”.

Repeal the subsection.

Repeal the section.

Omit “, by notice published in the Gazette, require”, substitute “, by legislative instrument, give notice requiring”.

Repeal the subsection.

Omit “publishes”, substitute “gives”.

Omit “, by notice published in one or more newspapers circulating generally in the capital city of each State and Territory,”, substitute “, by legislative instrument,”.

Omit “notice” (last occurring), substitute “declaration”.

Insert:

Example: Publication in a form mentioned in paragraph (b) could be publication on a website other than the ACMA’s website.

Repeal the subsections.

Telecommunications Act 1997

Omit “by written instrument”, substitute “by legislative instrument”.

Repeal the subsections.

Omit “by written instrument”, substitute “by legislative instrument”.

Repeal the subsections.

Omit “by written instrument”, substitute “by legislative instrument”.

Repeal the subsections.

Omit “by written instrument”, substitute “by legislative instrument”.

Repeal the subsections.

Omit “by notice in the Gazette”, substitute “by legislative instrument”.

Repeal the subsection.

Omit “written”, substitute “legislative”.

Repeal the subsection.

Telstra Corporation Act 1991

Omit “by written instrument”, substitute “by legislative instrument”.

Repeal the subsection.

Tobacco Advertising Prohibition Act 1992

Omit “writing”, substitute “legislative instrument”.

Repeal the subsection.

Omit “writing”, substitute “legislative instrument”.

Repeal the subsection.

Trade Representatives Act 1933

Omit “make determinations in writing”, substitute “, by legislative instrument, make determinations”.

Repeal the subsections.

Repeal the section.

Wool Services Privatisation Act 2000

Omit “in writing”, substitute “by legislative instrument”.

Repeal the subsection.

An amendment of an Act made by Part 2 of this Schedule does not affect the validity or enforceability of an instrument made under that Act before the commencement of this Schedule.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under Legislation Act 2003.section 15V of the

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history