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2013-2014-2015
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
ACTS AND INSTRUMENTS (FRAMEWORK
REFORM)(CONSEQUENTIAL PROVISIONS) BILL 2015
EXPLANATORY MEMORANDUM
(Circulated by authority of the
Attorney-General, Senator the Honourable George Brandis QC)
ACTS AND INSTRUMENTS (FRAMEWORK REFORM)
(CONSEQUENTIAL PROVISIONS) BILL 2015
GENERAL OUTLINE
1. The Bill makes amendments to Commonwealth legislation
consequential to the Acts and Instruments (Framework Reform) Act 2015.
2. The Act received Royal Assent on 5 March 2015 and will commence
on 5 March 2016 or earlier by Proclamation. Once the Acts and Instruments
(Framework Reform) Act commences, it will amend the Legislative
Instruments Act 2003 to improve the usability and efficiency of the
legislative instruments framework as well as bring the registration and
publication of Commonwealth Acts into that framework. It will also amend
the Acts Interpretation Act 1901 to clarify provisions relating to references
to ministers, departments and other government authorities, and to broaden
and strengthen existing provisions relating to machinery of government
changes.
3. This Bill assists in implementing these reforms by amending various
Acts to:
update references to the Legislative Instruments Act to refer to the
Legislation Act 2003 (as it will be renamed by the Acts and
Instruments (Framework Reform) Act)
update references to parts of the Legislative Instruments Act to refer
to the corresponding parts of the Legislation Act
update provisions which deal with the application of the
Legislative Instruments Act to reflect amendments to that Act. For
example, it updates the drafting of provisions dealing with the
application of section 12 of the Legislative Instruments Act, relating
to retrospective operation of legislative instruments, to reflect
amendments to that section in the Legislation Act. These
amendments do not change the legal effect of the provisions, and
update references to the Federal Register of Legislative Instruments
to refer to the Federal Register of Legislation, as it will be renamed
by the Acts and Instruments (Framework Reform) Act.
4. The Bill removes references to certain sunsetting (automatic ceasing)
and disallowance exemptions for legislative instruments from a range of
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enabling Acts. Some of these exemptions are covered by provisions of the
Legislative Instruments Act, and their legal effect will be preserved in the
Legislation Act. Other exemptions will be added to the Legislative
Instruments Regulation 2004 (the Regulations) prior to commencement of
the Acts and Instruments (Framework Reform) Act, where this is necessary
to preserve their legal effect. These amendments will not alter the
disallowance and sunsetting requirements that apply to instruments made
under the enabling Acts.
5. Minor amendments are also made to the Legislation Act and the Acts
Interpretation Act (as amended by the Acts and Instruments (Framework
Reform) Act) to clarify the application of their requirements to forms. These
amendments clarify that section 14 of the Legislation Act (incorporation of
material into instruments by reference) does not apply to forms, regardless
of whether those forms are themselves subject to publication requirements.
6. The Bill also makes amendments to the definition of legislative
instrument in the Legislation Act (or in the alternative, the Legislative
Instruments Act, depending on the time at which Schedule 2 of the Bill
commences) to clarify the status of court rules of states and territories.
These amendments put beyond doubt that court rules of states and territories
are not legislative instruments for the purposes of the Legislation Act.
7. The Bill also makes minor amendments to the Family Law Act 1975.
These amendments make clear that certain provisions of the Family Law
Act which set out how the Legislative Instruments Act applies to rules of the
Family Court apply to those rules whether they are made under the Family
Law Act or another Act. This removes an inconsistency between the Family
Law Act and other enabling legislation for federal courts.
8. The Bill also makes other minor consequential amendments to
Commonwealth Acts, repeals several spent provisions, and makes minor
technical corrections to the Legislation Act.
FINANCIAL IMPACT
9. This Bill will have a nil or insignificant financial impact on
government departments and agencies. The amendments in Schedule 1 to
this Bill make minor technical amendments to various Acts which are
consequential on the amendments made by the Acts and Instruments
(Framework Reform) Act. They facilitate the implementation of the reforms
made by the Acts and Instruments (Framework Reform) Act. These
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amendments are expected to have nil or insignificant financial impact as
they generally do not alter the effect of the law.
10. Schedule 2 makes amendments relating to rules of courts which will
not have any financial impact.
11. Schedule 3 makes amendments to provisions of Acts relating to the
incorporation of administrative forms into instruments. These amendments
will not have any financial impact.
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STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary
Scrutiny) Act 2011
Acts and Instruments (Framework Reform) (Consequential Provisions)
Bill 2015
12. This Bill is compatible with the human rights and freedoms
recognised or declared in the international instruments listed in section 3 of
the Human Rights (Parliamentary Scrutiny) Act 2011.
13. An overview of measures in the Bill and their human rights
implications is below.
Overview of the Bill
14. Schedule 1 of this Bill makes technical amendments to various Acts
which are consequential on the amendments made by the Acts and
Instruments (Framework Reform) Act. The Acts and Instruments
(Framework Reform) Act will amend the Legislative Instruments Act to
improve the usability and efficiency of the legislative instruments
framework as well as bring the registration and publication of
Commonwealth Acts into that framework. This Bill makes a series of
largely technical amendments to support the Acts and Instruments
(Framework Reform) Act. These amendments relate to matters such as
updating references to the Legislative Instruments Act to refer to the
Legislation Act, as the Legislative Instruments Act will be renamed. These
amendments include the repeal of several spent provisions. The
amendments in Schedule 1 do not generally alter the effect of the law.
15. Schedule 1 also updates the drafting of provisions which deal with
the application of the Legislative Instruments Act to reflect amendments to
that Act. For example, it updates provisions dealing with section 12 of the
Legislative Instruments Act, which deals with when legislative instruments
take effect, to reflect amendments to that section in the Legislation Act.
These are generally technical drafting amendments and do not generally
affect whether or not instruments made under the amended provisions are
able to operate retrospectively.
16. Schedule 2 makes amendments to the Legislation Act (or in the
alternative, the Legislative Instruments Act, depending on the time at which
the Schedule commences) which make clear that rules of court are not
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legislative instruments. Schedule 2 includes an application provision which
makes clear that the amendments do not affect the rights or liabilities of
parties to proceedings commenced in a court prior to the commencement of
the amendments.
17. Schedule 2 also makes amendments to the Family Law Act. These
amendments make clear that certain provisions of the Family Law Act
which set out how the Legislative Instruments Act applies to rules of the
Family Court apply to those rules whether they are made under the Family
Law Act or another Act. This removes an inconsistency between the Family
Law Act and other enabling legislation for federal courts.
18. Schedule 3 makes amendments to provisions of the Legislation Act
and Acts Interpretation Act (as amended by the Acts and Instruments
(Framework Reform) Act) which modify the way in which those provisions
apply to the incorporation of forms into instruments. Consequential to these
changes, Schedule 3 also repeals unnecessary application provisions of the
Acts and Instruments (Framework Reform) Act. Schedule 3 also makes
minor technical corrections to the Legislation Act.
Human rights implications
19. This Bill does not engage any of the applicable rights or freedoms.
Conclusion
20. This Bill is compatible with human rights as it does not raise any
human rights issues.
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ACRONYMS AND ABBEVIATIONS
Acts and Instruments (Framework Acts and Instruments (Framework
Reform) Act Reform Act) 2015
Acts Interpretation Act Acts Interpretation Act 1901
Legislation Act Legislation Act 2003
Legislative Instruments Act Legislative Instruments Act 2003
Regulations Legislative Instruments Regulations
2004
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NOTES ON CLAUSES
Preliminary
Clause 1 - Short title
1. Clause 1 provides that this Act may be cited as the Acts and
Instruments (Framework Reform) (Consequential Provisions) Act 2015.
Clause 2 - Commencement
2. Clause 2 provides for the commencement of the Act, as set out in the
table.
3. Subclause 2(1) provides that each provision of this Act 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.
4. The first item of the table provides that sections 1 to 3 and anything
in the Act not covered elsewhere by the table commence on the day this Act
receives the Royal Assent.
5. The second item of the table provides that Schedule 1, Part 1 (main
consequential amendments) commences on the later of the day after the Act
receives Royal Assent or the commencement of Schedule 1 to the Acts and
Instruments (Framework Reform) Act. That Schedule contains the major
reforms to the legislative instruments framework.
6. The third item of the table provides that Schedule 1, Part 2
(contingent consequential amendments) commences on the later of the
commencement of Schedule 1, Part 1 or immediately after the
commencement of Schedule 4 to the Intellectual Property Laws Amendment
Act 2015. However, those provisions will not commence at all if that Act
does not commence. This is because the amendments are only required if
that Act commences.
7. The fourth item of the table provides that Schedule 2, Part 1
(amendments to the Family Law Act relating to court rules) commences on
a day to be fixed by Proclamation. If this does not occur within six months
of the date on which the Act receives Royal Assent, the provisions will
commence on the day after the end of that period.
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8. The fifth item in the table provides that Schedule 2, Part 2
(amendments to the Legislative Instruments Act relating to court rules)
commences at the same time as the provisions covered by table item 4.
However, these provisions do not commence at all if that commencement is
at the same time or after the commencement of Schedule 1 to the Acts and
Instruments (Framework Reform) Act. This is because the Legislative
Instruments Act will be renamed the Legislation Act when the Acts and
Instruments (Framework Reform) Act commences.
9. The sixth item in the table provides that Schedule 2, Part 3
(amendments to the Legislation Act relating to court rules) commences on
the later of the commencement of the provisions covered by table item 4 and
the commencement of Schedule 1 to the Acts and Instruments (Framework
Reform) Act.
10. The seventh item in the table provides that Schedule 2, Part 4
(application of the amendments relating to court rules) commences at the
same time as the provisions covered by table item 4.
11. The eighth item in the table provides that Schedule 3 (amendments
relating to forms) commences on the later of the day after the Act receives
Royal Assent and the commencement of Schedule 1 to the Acts and
Instruments (Framework Reform) Act.
12. Subclause 2(2) provides that any information in column 3 of the table
is not part of the Act. Information may be inserted in this column, or
information in it may be edited, in any published version of this Act.
Clause 3 - Schedules
13. Clause 3 provides that legislation specified in a Schedule to this Act
is amended or repealed by items in the Schedule concerned. Any other item
in a Schedule to this Act has effect according to its terms.
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Schedule 1 - Consequential amendments
GENERAL OUTLINE
14. Schedule 1 amends various Acts to address technical and drafting
matters. It updates references to the Legislative Instruments Act to refer to
the Legislation Act (as it will be renamed by the Acts and Instruments
(Framework Reform) Act). It also updates references to parts of the
Legislative Instruments Act to refer to the corresponding parts of the
Legislation Act.
15. Schedule 1 also updates provisions which deal with the application of
the Legislative Instruments Act to reflect amendments to that Act. For
example, it updates the drafting of provisions dealing with the application of
section 12 of the Legislative Instruments Act, relating to retrospective
operation of legislative instruments, to reflect amendments to that section in
the Legislation Act. These amendments do not change the legal effect of the
provisions.
16. Schedule 1 also updates references to the Federal Register of
Legislative Instruments to refer to the Federal Register of Legislation, as it
will be renamed by the Acts and Instruments (Framework Reform) Act.
17. Schedule 1 also makes amendments to instrument-making powers in
a range of Acts to remove references to certain sunsetting and disallowance
exemptions. These amendments are related to amendments made by the
Acts and Instruments (Framework Reform) Act. Currently, exemptions from
sunsetting and disallowance appear in several places. Some are provided
under general exemptions in sections 44 and 54 of the Legislative
Instruments Act. Other are included in tables in sections 44 and 54 of the
Legislative Instruments Act. Further exemptions are listed in the
Regulations. For some exemptions, the source of the exemption is the
provision in the enabling Act giving power to make the relevant instrument.
18. The multiple locations for exemptions may be confusing for users.
Under the new framework, some content from the Legislative Instruments
Act will be moved to the amended Regulations. The Acts and Instruments
(Framework Reform) Act removes the exemption tables from the
Legislative Instruments Act. The exemptions will be consolidated in the
amended Regulations. This change was recommended in the 2008 Review of
the Legislative Instruments Act and will make it easier for users to access
information on exemptions.
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19. Related to these changes, Schedule 1 removes references to certain
sunsetting and disallowance exemptions from enabling Acts and replaces
them with notes referring to the source of the exemption, which will be
either the Legislation Act or Regulations made under that Act. For
exemptions which are covered by general exemptions in provisions of the
Legislative Instruments Act, their legal effect will be preserved in the
Legislation Act. For exemptions which are currently provided in tables in
sections of the Legislative Instruments Act, the notes refer the reader to the
Regulations where the exemptions will be consolidated. Where the
exemptions already appear in the Regulations, the notes refer the reader to
those Regulations. Where the source of the exemption is actually the
enabling Act, the exemptions will be added to the Regulations prior to
commencement of the Acts and Instruments (Framework Reform) Act.
Their legal effect will therefore be preserved. Accordingly, the amendments
in Schedule 1 will not alter the disallowance and sunsetting requirements
that apply to instruments made under the amended enabling Acts.
20. Schedule 1 also makes other minor consequential amendments and
repeals several spent provisions.
PART 1 - MAIN AMENDMENTS
Aboriginal and Torres Strait Islander Act 2005
Item 1 - Subsections 4(3), 142AA(1A), 151(4), 181A(8) and 191D(1B)
21. Item 1 amends subsections 4(3), 142AA(1A), 151(4), 181A(8)
and 191D(1B) of the Aboriginal and Torres Strait Islander Act 2005 to omit
the phrase 'for the purposes of the Legislative Instruments Act 2003'. This
phrase is no longer necessary when referring to legislative instruments, as
the definition of legislative instrument is centrally provided by section 8 of
the Legislation Act. That definition is generally applied by section 2B of the
Acts Interpretation Act 1901 (as amended by the Acts and Instruments
(Framework Reform) Act).
Item 2 - Clause 28 of Schedule 4 (note)
22. Item 2 amends the note to clause 28 of Schedule 4 to the Aboriginal
and Torres Strait Islander Act to replace the references to the Legislative
Instruments Act with references to the Legislation Act.
Aboriginal and Torres Strait Islander Heritage Protection Act 1984
11
Item 3 - Paragraph 14(1)(b)
23. Item 3 amends paragraph 14(1)(b) of the Aboriginal and Torres Strait
Islander Act to replace the reference to the Legislative Instruments Act with
a reference to the Legislation Act.
Aged Care Act 1997
Item 4 - Subsection 63-1AA(9) (note at the end of the definition of
reportable assault)
24. Item 4 amends the note at the end of the definition of reportable
assault in subsection 63-1AA(9) of the Aged Care Act 1997 to replace the
reference to the Legislative Instruments Act with a reference to the
Legislation Act.
Aged Care (Living Longer Living Better) Act 2013
Item 5 - Subitem 1(2) of Schedule 5
25. Item 5 amends subitem 1(2) of Schedule 5 to the Aged Care (Living
Longer Living Better) Act 2013 to update the reference to
paragraph 40(1)(a) of the Acts Interpretation Act with a reference to
subparagraph 40(1A)(a)(ii). Paragraph 40(1)(a) relates to the citation of Acts
by secular year and number. Item 5 updates this reference to reflect
amendments to section 40 of the Acts Interpretation Act made by the Acts
and Instruments (Framework Reform) Act. That Act repeals
subsection 40(1) and adds a new subsection 40(1A) that provides for the
citation of Acts, legislative instruments and notifiable instruments.
Accordingly, subparagraph 40(1A)(a)(ii) will be the correct reference for
citation of Acts by secular year and number.
Age Discrimination Act 2004
Item 6 - Subsection 39(6)
26. Item 6 amends subsection 39(6) of the Age Discrimination Act 2004
to replace the reference to the Legislative Instruments Act with a reference
to the Legislation Act.
Agricultural and Veterinary Chemicals Act 1994
Item 7 - Subsection 23(3)
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27. Item 7 amends subsection 23(3) of the Agricultural and Veterinary
Chemicals Act 1994 to replace the reference to the Legislative Instruments
Act with a reference to the Legislation Act.
Agricultural and Veterinary Chemicals Code Act 1994
Items 8-9 - Subsection 7(3) and paragraph 7(6)(b)
28. Items 8 and 9 amend subsection 7(3) and paragraph 7(6)(b) of the
Agricultural and Veterinary Chemicals Code Act 1994 to replace the
references to the Legislative Instruments Act with references to the
Legislation Act.
Item 10 - Subsection 163A(1) of the Code set out in the Schedule
29. Item 10 amends subsection 163A(1) of the Code set out in the
Schedule to the Agricultural and Veterinary Chemicals Code Act to replace
the reference to the Legislative Instruments Act with a reference to the
Legislation Act.
Air Navigation Act 1920
Item 11 - Subsection 15A(8)
30. Item 11 amends subsection 15A(8) of the Air Navigation Act 1920 to
omit the reference to Part 6 of the Legislative Instruments Act. Part 6 deals
with sunsetting of legislative instruments. This amendment removes an
outdated reference to the Legislative Instruments Act. It also removes the
exemption from sunsetting for instruments made under subsection 15A(3) of
the Air Navigation Act, as that exemption is already covered by a general
exemption in the table in subsection 54(2) of the Legislative Instruments
Act. That exemption will be consolidated into the Regulations. Accordingly,
the legal effect of the sunsetting exemption will be preserved.
Item 12 - At the end of subsection 15A(8)
31. Item 12 adds a note at the end of subsection 15A(8) of the Air
Navigation Act. The note explains that Part 4 of Chapter 3 (sunsetting) of
the Legislation Act does not apply to instruments made under
subsection 15A(3) of the Air Navigation Act, which are prescribed by
regulation for the purposes of paragraph 54(2)(b) of the Legislation Act.
This note directs the reader to the relevant regulations where the sunsetting
exemptions are to be consolidated.
13
Airports Act 1996
Item 13 - Subsection 155(1) (note)
32. Item 13 amends the note to subsection 155(1) of the Airports Act
1996 to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
Item 14 - Subsection 198(2A)
33. Item 14 amends subsection 198(2A) of the Airports Act to replace the
reference to the Legislative Instruments Act with a reference to the
Legislation Act.
Item 15 - Subclauses 5(3) and 9(1) of the Schedule (note)
34. Item 15 amends the notes to subclauses 5(3) and 9(1) of the Schedule
to the Airports Act to replace the references to the Legislative Instruments
Act with references to the Legislation Act.
Airspace Act 2007
Item 16 - Subsection 8(5)
35. Item 16 repeals subsection 8(5) of the Airspace Act 2007 and replaces
it with a new subsection 8(5) which omits the reference to Part 6 of the
Legislative Instruments Act. Part 6 deals with sunsetting of legislative
instruments. This amendment removes an outdated reference to the
Legislative Instruments Act. It also removes the exemption from sunsetting
for instruments made under subsection 8(1) of the Airspace Act, as that
exemption is already covered by a general exemption in the table in
subsection 54(2) of the Legislative Instruments Act. That exemption will be
consolidated into the Regulations. Accordingly, the legal effect of the
sunsetting exemption will be preserved.
36. Item 16 also adds a note at the end of subsection 8(5) of the Airspace
Act. The note explains that Part 4 of Chapter 3 (sunsetting) of the
Legislation Act does not apply to instruments made under subsection 8(1) of
the Airspace Act, which are prescribed by regulation for the purposes of
paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the
relevant regulations where the sunsetting exemptions are to be consolidated.
Albury-Wodonga Development Corporation (Abolition) Act 2014
14
Item 17 - Item 8 of Schedule 1 (paragraph (c) of the definition of
instrument)
37. Item 17 amends paragraph (c) of the definition of instrument in
item 8 of Schedule 1 to the Albury Wodonga Development Corporation
(Abolition) Act 2014 to omit the phrase '(within the meaning of the
Legislative Instruments Act 2003)'. This phrase is no longer necessary when
referring to legislative instruments, as the definition of legislative
instrument is centrally provided by section 8 of the Legislation Act. That
definition is generally applied by section 2B of the Acts Interpretation Act
1901 (as amended by the Acts and Instruments (Framework Reform) Act).
A New Tax System (Family Assistance) (Administration) Act 1999
Item 18 - Subsection 50T(5)
38. Item 18 amends subsection 50T(5) of the A New Tax System (Family
Assistance) (Administration) Act 1999 to omit the phrase 'for the purposes
of the Legislative Instruments Act 2003'. This phrase is no longer necessary
when referring to legislative instruments, as the definition of legislative
instrument is centrally provided by section 8 of the Legislation Act. That
definition is generally applied by section 2B of the Acts Interpretation Act
1901 (as amended by the Acts and Instruments (Framework Reform) Act).
Item 19 - Section 206 (note)
39. Item 19 amends the note to section 206 of the A New Tax System
(Family Assistance) (Administration) Act to replace the reference to the
Legislative Instruments Act with a reference to the Legislation Act.
A New Tax System (Goods and Services Tax) Act 1999
Item 20 - Subsection 40-75(2B) (note 2)
40. Item 20 amends note 2 to subsection 40-75(2B) of the A New Tax
System (Goods and Services Tax) Act 1999 to replace the reference to the
Legislative Instruments Act with a reference to the Legislation Act.
Item 21 - Section 81-25
41. Item 21 repeals section 81-25 of the A New Tax System (Goods and
Services Tax) Act which provides that, despite subsection 12(2) of the
Legislative Instruments Act, instruments made under subsection 81-5(2) or
15
81-10(2), or section 81-15 of the A New Tax System (Goods and Services
Tax) Act may be expressed to take effect from a date before they are
registered. This section is replaced with a new section 81-25, which
provides that subsection 12(2) of the Legislation Act does not apply to the
instruments.
42. The new section 81-25 of the A New Tax System (Goods and
Services Tax) Act updates references to the Legislative Instruments Act
with references to the Legislation Act, and updates the drafting of the
section to reflect amendments to section 12 of the Legislative Instruments
Act made by the Acts and Instruments (Framework Reform) Act. The
previous subsection 12(2) of the Legislative Instruments Act provided that
instruments do not have effect where they would take effect before
registration and could adversely impact upon a person. Under
subsection 12(3) of the Legislative Instruments Act, this rule was subject to
a contrary intention in the enabling Act. Instead of providing that the entire
instrument has no effect, the amended subsection 12(2) of the Legislation
Act provides that instruments do not apply in relation to a particular person
retrospectively where they would have an adverse effect on that person.
New subsection 12(3) of the Legislation Act expressly provides that, subject
to this limitation in relation to particular persons, instruments may
commence retrospectively. Accordingly, in order to produce the same
outcome as was produced by overriding the previous subsection 12(2) of the
Legislative Instruments Act, the operation of amended subsection 12(2) of
the Legislation Act is turned off for instruments whose retrospective
commencement is to apply to persons even if those persons are adversely
impacted by that retrospective commencement.
Item 22 - Subsection 177-10(6)
43. Item 22 repeals subsection 177-10(6) of the A New Tax System
(Goods and Services Tax) Act which provides that, despite subsection 12(2)
of the Legislative Instruments Act, instruments made under
subsection 177-10(5) of the A New Tax System (Goods and Services Tax)
Act may be expressed to take effect from a date before they are registered.
This subsection is replaced with a new subsection 177-10(6), which
provides that subsection 12(2) of the Legislation Act does not apply to the
instruments.
44. The new subsection 177-10(6) of the A New Tax System (Goods and
Services Tax) Act updates references to the Legislative Instruments Act
with references to the Legislation Act, and updates the drafting of the
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subsection to reflect amendments to section 12 of the Legislative
Instruments Act made by the Acts and Instruments (Framework Reform)
Act. The previous subsection 12(2) of the Legislative Instruments Act
provided that instruments do not have effect where they would take effect
before registration and could adversely impact upon a person. Under
subsection 12(3) of the Legislative Instruments Act, this rule was subject to
a contrary intention in the enabling Act. Instead of providing that the entire
instrument has no effect, the amended subsection 12(2) of the Legislation
Act provides that instruments do not apply in relation to a particular person
retrospectively where they would have an adverse effect on that person.
New subsection 12(3) of the Legislation Act expressly provides that, subject
to this limitation in relation to particular persons, instruments may
commence retrospectively. Accordingly, in order to produce the same
outcome as was produced by overriding the previous subsection 12(2) of the
Legislative Instruments Act, the operation of amended subsection 12(2) of
the Legislation Act is turned off for instruments whose retrospective
commencement is to apply to persons even if those persons are adversely
impacted by that retrospective commencement.
Item 23 - Section 195-1 (definition of eligible Australian carbon credit
unit)
45. Item 23 amends the definition of eligible Australian carbon credit
unit in section 195-1 of the A New Tax System (Goods and Services Tax)
Act to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
Item 24 - Section 5 (note 3 at the end of the definition of threshold
transaction)
46. Item 24 amends note 3 at the end of the definition of threshold
transaction in section 5 of the Anti-Money Laundering and Counter
Terrorism Financing Act 2006 to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
Items 25-28 - Subsections 6(2), 41(5), 90(1), (2) and (3), and 91(1), (2)
and (3), 102(2) and section 33 (note)
47. Items 25 to 28 amend the notes to subsections 6(2), 41(5), 90(1), (2)
and (3), 91(1), (2) and (3) and 102(2), and to section 33 of the Anti-Money
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Laundering and Counter Terrorism Financing Act to replace the references
to the Legislative Instruments Act with references to the Legislation Act.
Item 29 - Section 103
48. Item 29 amends section 103 of the Anti-Money Laundering and
Counter Terrorism Financing Act to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
Item 30 - Subsection 245(10) (heading)
49. Item 30 repeals the heading to subsection 245(10) of the Anti-Money
Laundering and Counter Terrorism Financing Act and substitutes a new
heading to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
Item 31 - Paragraph 249(a)
50. Item 31 amends paragraph 249(a) of the Anti-Money Laundering and
Counter Terrorism Financing Act to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
Asbestos Safety and Eradication Agency Act 2013
Item 32 - Subsections 14(1) and 30(1) (note)
51. Item 32 repeals the notes to subsections 14(1) and 30(1) of the
Asbestos Safety and Eradication Agency Act 2013 and substitutes new notes
to replace the references to the Legislative Instruments Act with references
to the Legislation Act, and direct the reader to the relevant regulations
where sunsetting and disallowance exemptions are to be consolidated.
Auditor-General Act 1997
Item 33 - Subclause 1(1) of Schedule 1 and subclause 1(2) of
Schedule 2 (note)
52. Item 33 amends the notes to subclause 1(1) of Schedule 1 and
subclause 1(2) of Schedule 2 to the Auditor-General Act 1997 to replace the
reference to section 19A of the Acts Interpretation Act with a reference to
section 19. The current sections 19 and 19A of the Acts and Interpretation
Act are repealed by the Acts and Instruments (Framework Reform) Act and
replaced by the new section 19.
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Australia Council Act 2013
Item 34 - Subsection 12(1) (notes 1 and 2)
53. Item 34 repeals notes 1 and 2 to subsection 12(1) of the Australia
Council Act 2013 and substitutes new notes to replace the references to the
Legislative Instruments Act with references to the Legislation Act, and
direct the reader to the relevant regulations where sunsetting and
disallowance exemptions are to be consolidated.
Australian Aged Care Quality Agency Act 2013
Item 35 - Subsection 14(4) (notes 1 and 2)
54. Item 35 repeals notes 1 and 2 to subsection 14(4) of the Australian
Aged Care Quality Agency Act 2013 and substitute new notes to replace the
references to the Legislative Instruments Act with references to the
Legislation Act, and direct the reader to the relevant regulations where
sunsetting and disallowance exemptions are to be consolidated.
Australian Capital Territory (Planning and Land Management) Act 1988
Item 36 - Section 52
55. Item 36 amends section 52 of the Australian Capital Territory
(Planning and Land Management) Act 1988 to replace the reference to the
Legislative Instruments Act with a reference to the Legislation Act.
Australian Capital Territory (Self-Government) Act 1988
Item 37 - Section 3 (definition of Commonwealth Minister)
56. Item 37 amends section 3 of the Australian Capital Territory (Self-
Government) Act 1988 to replace the reference to section 19A of the Acts
Interpretation Act with a reference to section 19. The current sections 19
and 19A of the Acts and Interpretation Act are repealed by the Acts and
Instruments (Framework Reform) Act and replaced by the new section 19.
Item 38 - Section 33
57. Item 38 amends section 33 of the Australian Capital Territory (Self
Government) Act to replace the reference to the Legislative Instruments Act
with a reference to the Legislation Act.
19
Australian Charities and Not-for-profits Commission Act 2012
Item 39 - Subsection 45-15(4)
58. Item 39 amends subsection 45-15(4) of the Australian Charities and
Not-for-profits Commission Act 2012 to replace the reference to Part 3 of
the Legislative Instruments Act with a reference to section 17 of the
Legislation Act. This reflects amendments made by the Acts and
Instruments (Framework Reform) Act to Part 3 and section 17 of the
Legislative Instruments Act, and directs the reader to the section that
outlines consultation requirements.
Item 40 - Section 45-20
59. Item 40 amends section 45-20 of the Australian Charities and Not-
for-profits Commission Act to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
Item 41 - Subsection 50-15(4)
60. Item 41 amends subsection 50-15(4) of the Australian Charities and
Not-for-profits Commission Act to replace the reference to Part 3 of the
Legislative Instruments Act with a reference to section 17 of the Legislation
Act. This reflects amendments made by the Acts and Instruments
(Framework Reform) Act to Part 3 and section 17 of the Legislative
Instruments Act, and directs the reader to the section that outlines
consultation requirements.
Item 42 - Section 50-20
61. Item 42 amends section 50-20 of the Australian Charities and Not-
for-profits Commission Act to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
Australian Citizenship Act 2007
Item 43 - Subsection 15(4)
62. Item 43 repeals subsection 15(4) of the Australian Citizenship Act
2007 which provides that, despite subsection 12(2) of the Legislative
Instruments Act, instruments made under subsection 15(2) of the Australian
Citizenship Act may be expressed to take effect from a date before they are
20
registered. This is replaced with a new subsection 15(4) which provides that
subsection 12(2) of the Legislation Act does not apply to the instruments.
63. The new subsection 15(4) of the Australian Citizenship Act updates
references to the Legislative Instruments Act with references to the
Legislation Act, and updates the drafting of the subsection to reflect
amendments to section 12 of the Legislative Instruments Act made by the
Acts and Instruments (Framework Reform) Act. The previous
subsection 12(2) of the Legislative Instruments Act provided that
instruments do not have effect where they would take effect before
registration and could adversely impact upon a person. Under
subsection 12(3) of the Legislative Instruments Act, this rule was subject to
a contrary intention in the enabling Act. Instead of providing that the entire
instrument has no effect, the amended subsection 12(2) of the Legislation
Act provides that instruments do not apply in relation to a particular person
retrospectively where they would have an adverse effect on that person.
New subsection 12(3) of the Legislation Act expressly provides that, subject
to this limitation in relation to particular persons, instruments may
commence retrospectively. Accordingly, in order to produce the same
outcome as was produced by overriding the previous subsection 12(2) of the
Legislative Instruments Act, the operation of amended subsection 12(2) of
the Legislation Act is turned off for instruments whose retrospective
commencement is to apply to persons even if those persons are adversely
impacted by that retrospective commencement.
Australian Communications and Media Authority Act 2005
Item 44 - Subsection 53(1)
64. Item 44 amends subsection 53(1) of the Australian Communications
and Media Authority Act 2005 to omit the phrase 'for the purposes of the
Legislative Instruments Act 2003'. This phrase is no longer necessary when
referring to legislative instruments, as the definition of legislative
instrument is centrally provided by section 8 of the Legislation Act. That
definition is generally applied by section 2B of the Acts Interpretation Act
1901 (as amended by the Acts and Instruments (Framework Reform) Act).
Australian Education Act 2013
Items 45-46 - Subsections 14(3) and 130(4)
21
65. Items 45 and 46 amend subsections 14(3) and 130(4) of the
Australian Education Act 2013 to replace the references to the Legislative
Instruments Act with references to the Legislation Act.
Australian Energy Market Act 2004
Item 47 - Subsections 13F(1), (2) and (3)
66. Item 47 amends subsections 13F(1), (2) and (3) of the Australian
Energy Market Act 2004 to omit the phrase 'for the purposes of the
Legislative Instruments Act 2003'. This phrase is no longer necessary when
referring to legislative instruments, as the definition of legislative
instrument is centrally provided by section 8 of the Legislation Act. That
definition is generally applied by section 2B of the Acts Interpretation Act
1901 (as amended by the Acts and Instruments (Framework Reform) Act).
Australian Hearing Services Act 1991
Item 48 - Subsections 8(4) to (8) (note)
67. Item 48 amends the notes to subsections 8(4) to (8) of the Australian
Hearing Services Act 1991 to replace the references to the Legislative
Instruments Act with references to the Legislation Act.
Australian Human Rights Commission Act 1986
Item 49 - Subsection 47(3)
68. Item 49 amends subsection 47(3) of the Australian Human Rights
Commission Act 1986 to replace the reference to Part 6 (sunsetting) of the
Legislative Instruments Act with a reference to Part 4 of
Chapter 3 (sunsetting) of the Legislation Act.
Australian Jobs Act 2013
Item 50 - Subsection 84(1) (note 2)
69. Item 50 repeals note 2 to subsection 84(1) of the Australian Jobs Act
2013 and substitutes a new note to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act, and direct the
reader to the relevant regulations where sunsetting and disallowance
exemptions are to be consolidated.
Australian National Registry of Emissions Units Act 2011
22
Item 51 - Section 4 (definition of Kyoto rules)
70. Item 51 amends the definition of Kyoto rules in section 4 of the
Australian National Registry of Emissions Units Act 2011 to replace the
reference to the Legislative Instruments Act with a reference to the
Legislation Act.
Item 52 - Subsection 36(1) (note)
71. Item 52 amends the note to subsection 36(1) of the Australian
National Registry of Emissions Units Act to replace the reference to the
Legislative Instruments Act with a reference to the Legislation Act.
Item 53 - Subsection 95(2)
72. Item 53 amends subsection 95(2) of the Australian National Registry
of Emissions Units Act to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
Australian Organ and Tissue Donation and Transplantation Authority
Act 2008
Item 54 - Subsection 30(4) (notes 1 and 2)
73. Item 54 repeals notes 1 and 2 to subsection 30(4) of the Australian
Organ and Tissue Donation and Transplantation Authority Act 2008 and
substitutes new notes to replace the references to the Legislative Instruments
Act with references to the Legislation Act, and direct the reader to the
relevant regulations where sunsetting and disallowance exemptions are to be
consolidated.
Australian Passports Act 2005
Item 55 - Subsection 52(3)
74. Item 55 amends subsection 52(3) of the Australian Passports Act
2005 to omit the phrase 'for the purposes of the Legislative Instruments Act
2003'. This phrase is no longer necessary when referring to legislative
instruments, as the definition of legislative instrument is centrally provided
by section 8 of the Legislation Act. That definition is generally applied by
section 2B of the Acts Interpretation Act 1901 (as amended by the Acts and
Instruments (Framework Reform) Act).
23
Australian Postal Corporation Act 1989
Item 56 - Subsection 30(2)
75. Item 56 repeals subsection 30(2) of the Australian Postal
Corporation Act 1989 and substitutes a new subsection to update the
reference to Part 5 (Parliamentary scrutiny of legislative instruments) of the
Legislative Instruments Act to Part 2 of Chapter 3 (Parliamentary scrutiny
of legislative instruments) of the Legislation Act.
Australian Renewable Energy Agency Act 2011
Item 57 - Subsections 20(2) and 22(6)
76. Item 57 amends subsections 20(2) and 22(6) of the Australian
Renewable Energy Agency Act 2011 to replace the references to the
Legislative Instruments Act with references to the Legislation Act.
Australian Research Council Act 2001
Item 58 - Subsection 60(4) (note)
77. Item 58 amends the note to subsection 60(4) of the Australian
Research Council Act 2001 to reflect changes to section 44 of the
Legislative Instruments Act by the Acts and Instruments (Framework
Reform) Act, and to update the reference to the Legislative Instruments Act
with a reference to the Legislation Act. The current section 44 provides for
exemptions from disallowance, with general exemptions provided under
subsection 44(1) and specific exemptions listed in a table in
subsection 44(2). The table of exemptions is omitted from the amended
subsection 44(2) and the exemptions are to be consolidated into the
Regulations. Accordingly, the reference to section 44 of the Legislative
Instruments Act is updated to refer to 'regulations made for the purposes of
paragraph 44(2)(b) of the Legislation Act 2003'.
Australian Security Intelligence Organisation Act 1979
Item 59 - Subsection 34C(5)
78. Item 59 amends subsection 34C(5) of the Australian Security
Intelligence Organisation Act 1979 to omit the references to section 42 and
Part 6 of the Legislative Instruments Act, and replace them with a reference
to section 42 (disallowance) of the Legislation Act. Section 42 and Part 6
24
deal with disallowance and sunsetting of legislative instruments
respectively. This amendment removes an outdated reference to Part 6 of the
Legislative Instruments Act. It also removes the exemption from sunsetting
for instruments made under Division 3 of Part III of the Australian Security
Intelligence Organisation Act, as that exemption will be transferred to a
consolidated list of sunsetting exemptions in the Regulations. Accordingly,
the legal effect of the sunsetting exemption will be preserved.
Item 60 - At the end of subsection 34C(5)
79. Item 60 adds a note at the end of subsection 34C(5) of the Australian
Security Intelligence Organisation Act. The note explains that Part 4 of
Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments
made under subsection 34C(5) of the Australian Security Intelligence
Organisation Act, which are prescribed by regulation for the purposes of
paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the
relevant regulations where the sunsetting exemptions are to be consolidated.
Australian Sports Anti-Doping Authority Act 2006
Item 61 - Subsection 12(2)
80. Item 61 amends subsection 12(2) of the Australian Sports Anti-
Doping Authority Act 2006 to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
Australian Transaction Reports and Analysis Centre Industry Contribution
Act 2011
Item 62 - Subsection 7(1) (definition of census day)
81. Item 62 repeals the definition of census day in subsection 7(1) of the
Australian Transaction Reports and Analysis Centre Industry Contribution
Act 2011 and replaces it with a new definition to omit the sentence 'a
legislative instrument under paragraph (a) may, despite subsection 12(2) of
the Legislative Instruments Act 2003, be made after the beginning of that
financial year.' This is removed to reflect changes made to section 12 of the
Legislative Instruments Act by the Acts and Instruments (Framework
Reform) Act.
Item 63 - Paragraph 9(3)(d)
25
82. Item 63 amends paragraph 9(3)(d) of the Australian Transaction
Reports and Analysis Centre Industry Contribution Act to remove the
phrase 'despite subsection 12(2) of the Legislative Instruments Act 2003,'.
This phrase is no longer necessary due to amendments made to section 12 of
the Legislative Instruments Act by the Acts and Instruments (Framework
Reform) Act.
Item 64 - Subsection 9(4)
83. Item 64 repeals subsection 9(4) of the Australian Transaction Reports
and Analysis Centre Industry Contribution Act which provides that, despite
subsection 12(2) of the Legislative Instruments Act, instruments made under
subsection 9(1) of the Australian Transaction Reports and Analysis Centre
Industry Contribution Act may be expressed to take effect from a date
before they are registered. This subsection is replaced with a new subsection
9(4), which provides that subsection 12(2) of the Legislation Act does not
apply to the instruments.
84. The new subsection 9(4) of the Australian Transaction Reports and
Analysis Centre Industry Contribution Act updates references to the
Legislative Instruments Act with references to the Legislation Act, and
updates the drafting of the subsection to reflect amendments to section 12 of
the Legislative Instruments Act made by the Acts and Instruments
(Framework Reform) Act. The previous subsection 12(2) of the Legislative
Instruments Act provided that instruments do not have effect where they
would take effect before registration and could adversely impact upon a
person. Under subsection 12(3) of the Legislative Instruments Act, this rule
was subject to a contrary intention in the enabling Act. Instead of providing
that the entire instrument has no effect, the amended subsection 12(2) of the
Legislation Act provides that instruments do not apply in relation to a
particular person retrospectively where they would have an adverse effect
on that person. New subsection 12(3) of the Legislation Act expressly
provides that, subject to this limitation in relation to particular persons,
instruments may commence retrospectively. Accordingly, in order to
produce the same outcome as was produced by overriding the previous
subsection 12(2) of the Legislative Instruments Act, the operation of
amended subsection 12(2) of the Legislation Act is turned off for
instruments whose retrospective commencement is to apply to persons even
if those persons are adversely impacted by that retrospective
commencement.
Item 65 - Application of amendments
26
85. Item 65 provides that amendments made to the Australian
Transaction Reports and Analysis Centre Industry Contribution Act by this
Part apply to census days, and instalments of levy payable, for financial
years starting on or after 1 July 2015. This is to ensure the continued
application of these amendments after 1 July 2015 as they are necessary for
the operation of the Act after that time.
Autonomous Sanctions Act 2011
Item 66 - Subsection 10(3)
86. Item 66 amends subsection 10(3) of the Autonomous Sanctions Act
2011 to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
Aviation Transport Security Act 2004
Item 67 - Subsection 65B(1) (note)
87. Item 67 amends the note to subsection 65B(1) of the Aviation
Transport Security Act 2004 to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
Item 68 - Subsection 65B(3) (note)
88. Item 68 amends the note to subsection 65B(3) of the Aviation
Transport Security Act to replace the reference to Part 3 of the Legislative
Instruments Act with a reference to section 17 of the Legislation Act. This
reflects amendments made by the Acts and Instruments (Framework
Reform) Act to Part 3 and section 17 of the Legislative Instruments Act, and
directs the reader to the section that outlines consultation requirements.
Banking Act 1959
Item 69 - Subsections 5(4), (7) and (8) (note)
89. Item 69 amends notes to subsections 5(4), (7) and (8) of the Banking
Act 1959 to replace the references to the Legislative Instruments Act with
references to the Legislation Act.
Item 70 - Subsection 5(9)
90. Item 70 amends subsection 5(9) of the Banking Act to omit the
references to section 42 and Part 6 of the Legislative Instruments Act, and
27
replace them with a reference to section 42 (disallowance). Section 42 and
Part 6 deal with disallowance and sunsetting of legislative instruments
respectively. This amendment removes an outdated reference to Part 6 of the
Legislative Instruments Act. It also removes the exemption from sunsetting
for instruments made under subsection 5(9) of the Banking Act, as that
exemption will be transferred to a consolidated list of sunsetting exemptions
in the Regulations. Accordingly, the legal effect of the sunsetting exemption
will be preserved.
Item 71 - At the end of subsection 5(9)
91. Item 71 adds a note at the end of subsection 5(9) of the Banking Act.
The note explains that Part 4 of Chapter 3 (sunsetting) of the Legislation Act
does not apply to instruments made under subsection 5(9) of the Banking
Act, which are prescribed by regulation for the purposes of
paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the
relevant regulations where the sunsetting exemptions are to be consolidated.
Item 72 - Subsection 5(10)
92. Item 72 repeals subsection 5(10) of the Banking Act and substitutes
new subsections 5(10) and 5(11) of the Banking Act. This is to reflect
amendments made to section 12 of the Legislative Instruments Act by the
Acts and Instruments (Framework Reform) Act, and to replace the
references to the Legislative Instruments Act with references to the
Legislation Act.
93. Section 5(10) of the Banking Act provides that, despite
subsections 12(1) and (2) of the Legislative Instruments Act, the declaration
or amendment takes effect from the time it is made. The new
subsection 5(10) of the Banking Act provides that, despite subsection 12(1)
of the Legislation Act, the declaration or amendment commences from the
time it is made. The reference to 'take effect' is also changed to 'commence'
to reflect changes to subsection 12(1) of the Legislative Instruments Act.
94. The new subsection 5(11) provides that subsection 12(2) of the
Legislation Act does not apply to the declaration or amendment. This
reflects changes made to subsection 12(2) of the Legislative Instruments
Act. The previous subsection 12(2) of the Legislative Instruments Act
provided that instruments do not have effect where they would take effect
before registration and could adversely impact upon a person. Under
subsection 12(3) of the Legislative Instruments Act, this rule was subject to
a contrary intention in the enabling Act. Instead of providing that the entire
28
instrument has no effect, the amended subsection 12(2) of the Legislation
Act provides that instruments do not apply in relation to a particular person
retrospectively where they would have an adverse effect on that person.
New subsection 12(3) of the Legislation Act expressly provides that, subject
to this limitation in relation to particular persons, instruments may
commence retrospectively. Accordingly, in order to produce the same
outcome as was produced by overriding the previous subsection 12(2) of the
Legislative Instruments Act, the operation of amended subsection 12(2) of
the Legislation Act is turned off for instruments whose retrospective
commencement is to apply to persons even if those persons are adversely
impacted by that retrospective commencement.
95. Because the language 'despite ... ' is no longer appropriate for both
subsections 12(1) and 12(2) of the Legislation Act, the replacement for
subsection 5(10) of the Banking Act is in two subsections.
Item 73 - Paragraph 11AF(7BA)(b)
96. Item 73 amends paragraph 11AF(7BA)(b) of the Banking Act to
replace the reference to the Legislative Instruments Act with a reference to
the Legislation Act.
Item 74 - Subsection 16AD(6)
97. Item 74 repeals subsection 16AD(6) of the Banking Act and replaces
it with a new subsection which omits the reference to Part 6 of the
Legislative Instruments Act. Part 6 deals with sunsetting of legislative
instruments. This amendment removes an outdated reference to the
Legislative Instruments Act. It also removes the exemption from sunsetting
for instruments made under subsection 16AD(1) of the Banking Act, as that
exemption will be transferred to a consolidated list of sunsetting exemptions
in the Regulations. Accordingly, the legal effect of the sunsetting exemption
will be preserved.
98. Item 74 also adds a note at the end of subsection 16AD(6) of the
Banking Act. The note explains that Part 4 of Chapter 3 (sunsetting) of the
Legislation Act does not apply to instruments made under
subsection 16AD(1) of the Banking Act, which are prescribed by regulation
for the purposes of paragraph 54(2)(b) of the Legislation Act. This note
directs the reader to the relevant regulations where the sunsetting
exemptions are to be consolidated.
Item 75 - Paragraph 16AD(7)(a)
29
99. Item 75 repeals paragraph 16AD(7)(a) of the Banking Act and
substitutes a new paragraph to reflect amendments made to section 12(1) of
the Legislative Instruments Act by the Acts and Instruments (Framework
Reform) Act, and to replace the reference to the Legislative Instruments Act
with references to the Legislation Act.
Item 76 - After subsection 16AD(7)
100. Item 76 adds new subsection 16AD(7A) of the Banking Act which
provides that subsection 12(2) of the Legislation Act does not apply to
declarations or amendments made under subsection 16AD(1) of the Banking
Act.
101. The new subsection 16AD(7A) of the Banking Act refers to the
Legislation Act and reflects amendments to section 12 of the Legislative
Instruments Act made by the Acts and Instruments (Framework Reform)
Act. The previous subsection 12(2) of the Legislative Instruments Act
provided that instruments do not have effect where they would take effect
before registration and could adversely impact upon a person. Under
subsection 12(3) of the Legislative Instruments Act, this rule was subject to
a contrary intention in the enabling Act. Instead of providing that the entire
instrument has no effect, the amended subsection 12(2) of the Legislation
Act provides that instruments do not apply in relation to a particular person
retrospectively where they would have an adverse effect on that person.
New subsection 12(3) of the Legislation Act expressly provides that, subject
to this limitation in relation to particular persons, instruments may
commence retrospectively. Accordingly, in order to produce the same
outcome as was produced by overriding the previous subsection 12(2) of the
Legislative Instruments Act, the operation of amended subsection 12(2) of
the Legislation Act is turned off for instruments whose retrospective
commencement is to apply to persons even if those persons are adversely
impacted by that retrospective commencement.
Item 77 - Subsection 16AD(8)
102. Item 77 amends subsection 16AD(8) of the Banking Act to replace
the reference to the Legislative Instruments Act with a reference to the
Legislation Act.
Item 78 - Subsections 69(1B) to (1E) (note)
30
103. Item 78 amends the notes to subsections 69(1B) to (1E) of the
Banking Act to replace the references to the Legislative Instruments Act
with references to the Legislation Act.
Item 79 - Subsections 70C(7) and (8)
104. Item 79 repeals subsection 70C(7) of the Banking Act and replaces it
with a new subsection that omits the reference to Part 6 of the Legislative
Instruments Act. Part 6 deals with sunsetting of legislative instruments. This
amendment removes an outdated reference to the Legislative Instruments
Act. It also removes the exemption from sunsetting for instruments made
under section 70C of the Banking Act, as that exemption will be transferred
to a consolidated list of sunsetting exemptions in the Regulations.
Accordingly, the legal effect of the sunsetting exemption will be preserved.
105. Item 79 also adds a note at the end of subsection 70C(7) of the
Banking Act. The note explains that Part 4 of Chapter 3 (sunsetting) of the
Legislation Act does not apply to instruments made under section 70C of
the Banking Act, which are prescribed by regulation for the purposes of
paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the
relevant regulations where the sunsetting exemptions are to be consolidated.
106. Item 79 also repeals subsection 70C(8) of the Banking Act and
substitutes new subsections 70C(8) and 70C(9). This is to reflect
amendments made to section 12 of the Legislative Instruments Act by the
Acts and Instruments (Framework Reform) Act, and to replace the
references to the Legislative Instruments Act with references to the
Legislation Act.
107. Section 70C(8) provides that, despite subsections 12(1) and (2) of the
Legislative Instruments Act, the authorisation or amendment takes effect
from the time it is made. The new subsection 70C(8) of the Banking Act
provides despite subsection 12(1), the authorisation or amendment made
under section 70C commences from the time it is made. The reference to
'take effect' is changed to 'commence' to reflect changes to
subsection 12(1) of the Legislative Instruments Act.
108. The new subsection 70C(9) of the Banking Act provides that
subsection 12(2) of the Legislation Act does not apply to the declaration or
amendment. This reflects changes made to subsection 12(2) of the
Legislative Instruments Act. The previous subsection 12(2) provided that
instruments do not have effect where they would take effect before
registration and could adversely impact upon a person. Under subsection
31
12(3), this rule was subject to a contrary intention in the enabling Act.
Instead of providing that the entire instrument has no effect, the amended
subsection 12(2) provides that instruments do not apply in relation to a
particular person retrospectively where they would have an adverse effect
on that person. New subsection 12(3) expressly provides that, subject to this
limitation in relation to particular persons, instruments may commence
retrospectively. Accordingly, in order to produce the same outcome as was
produced by overriding the previous subsection 12(2), the operation of
amended subsection 12(2) is turned off for instruments whose retrospective
commencement is to apply to persons even if those persons are adversely
impacted by that retrospective commencement.
109. Because the language 'despite ... ' is no longer appropriate for both
subsections 12(1) and 12(2), the replacement for subsection 70C(8) is in two
subsections.
Bankruptcy Act 1966
Item 80 - Subsection 116(2E)
110. Item 80 repeals subsection 116(2E) of the Bankruptcy Act 1966 and
substitutes a new subsection to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
Item 81 - Section 186Q (note)
111. Item 81 amends the note to section 186Q of the Bankruptcy Act to
replace the reference to Part 3 of the Legislative Instruments Act with a
reference to section 17 of the Legislation Act. This reflects amendments
made by the Acts and Instruments (Framework Reform) Act to Part 3 and
section 17 of the Legislative Instruments Act, and directs the reader to the
section that outlines consultation requirements.
Broadcasting Services Act 1992
Item 82 - Subsection 103L(7)
112. Item 82 amends subsection 103L(7) of the Broadcasting Services Act
1992 to omit the phrase 'for the purposes of the Legislative Instruments Act
2003'. This phrase is no longer necessary when referring to legislative
instruments, as the definition of legislative instrument is centrally provided
by section 8 of the Legislation Act. That definition is generally applied by
32
section 2B of the Acts Interpretation Act 1901 (as amended by the Acts and
Instruments (Framework Reform) Act).
Item 83 - Subsection 103L(7) (note)
113. Item 83 amends the note to subsection 103L(7) of the Broadcasting
Services Act to replace the reference to the Legislative Instruments Act with
a reference to the Legislation Act.
Item 84 - Subsections 121G(14) and 122(7) (note)
114. Item 84 repeals the notes to subsections 121G(14) and 122(7) of the
Broadcasting Services Act and substitute new notes to replace the references
to the Legislative Instruments Act with references to the Legislation Act and
direct the reader to the relevant regulations where sunsetting and
disallowance exemptions are to be consolidated.
Item 85 - Subsections 130B(7), 130BA(7), 130BB(7), 146C(1) and (2),
146CA(1) and (2) and 212B(6) (note)
115. Item 85 amends the notes to subsections 130B(7), 130BA(7),
130BB(7), 146C(1) and (2), 146CA(1) and (2) and 212B(6) of the
Broadcasting Services Act to replace references to the Legislative
Instruments Act with references to the Legislation Act.
Item 86 - Subsection 215(4) (note)
116. Item 86 amends the note to subsection 215(4) of the Broadcasting
Services Act to replace the reference to Part 3 of the Legislative Instruments
Act with a reference to section 17 of the Legislation Act. This reflects
amendments made by the Acts and Instruments (Framework Reform) Act to
Part 3 and section 17 of the Legislative Instruments Act, and directs the
reader to the section that outlines consultation requirements.
Item 87 - Subclauses 8(2), 40(5), 60(5) and 91(2), (4) and (5) of
Schedule 5 (note)
117. Item 86 amends notes to subclauses 8(2), 40(5), 60(5) and 91(2), (4)
and (5) of Schedule 5 to the Broadcasting Services Act to replace references
to the Legislative Instruments Act with references to the Legislation Act.
Item 88 - Subclauses 3(7), 4(7), 13(8), 15(8), 21(8) and 27(1) of
Schedule 6 (note)
33
118. Item 88 amends notes to subclauses 3(7), 4(7), 13(8), 15(8), 21(8)
and 27(1) of Schedule 6 to the Broadcasting Services Act to replace
references to the Legislative Instruments Act with references to the
Legislation Act.
Item 89 - Clause 2 of Schedule 7 (note 3 at the end of the definition of
content service)
119. Item 89 amends the note at the end of the definition of content
service at clause 2 of Schedule 7 to the Broadcasting Services Act to replace
the reference to the Legislative Instruments Act with a reference to the
Legislation Act.
Item 90 - Clause 2 of Schedule 7 (note at the end of the definitions of
exempt internet directory service and exempt internet search engine
service)
120. Item 90 amends notes at the end of the definitions of exempt internet
directory service and exempt internet search engine service at clause 2 of
Schedule 7 to the Broadcasting Services Act to replace references to the
Legislative Instruments Act with references to the Legislation Act.
Item 91 - Clause 2 of Schedule 7 (note 3 at the end of the definition of
exempt point-to-point content service)
121. Item 91 amends note 3 at the end of the definition of exempt
point-to-point content service at clause 2 of Schedule 7 to the Broadcasting
Services Act to replace the reference to the Legislative Instruments Act with
a reference to the Legislation Act.
Item 92 - Clause 4 of Schedule 7 (note 3)
122. Item 92 amends note 3 at clause 4 of Schedule 7 to the Broadcasting
Services Act to replace the reference to the Legislative Instruments Act with
a reference to the Legislation Act.
Item 93 - Subclause 14(1) of Schedule 7 (note)
123. Item 93 amends the note to subclause 14(1) of Schedule 7 to the
Broadcasting Services Act to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
Carbon Credits (Carbon Farming Initiative) Act 2011
34
Items 94-98 - Section 5 (note at the end of the definition of land rights
land), subsection 7A(2), subsection 23(1) (note), subsection 23(1) (note),
subsection 23(5), and subsection 27(5) (note)
124. Items 94-98 amend the note at the end of the definition of land rights
land at section 5, subsection 7A(2), subsection 23(1) (note),
subsection 23(1) (note), subsection 23(5), and subsection 27(5) (note) of the
Carbon Credits (Carbon Farming Initiative) Act 2011 to replace the
references to the Legislative Instruments Act with references to the
Legislation Act.
Item 99 - Subsections 53A(2), 56(3), 69(8) and 106(7) and (9)
125. Item 99 amends subsections 53A(2), 56(3), 69(8) and 106(7) and (9)
of the Carbon Credits (Carbon Farming Initiative) Act to replace references
to the Legislative Instruments Act with references to the Legislation Act.
Item 100 - Section 123B (note)
126. Item 100 repeals the note to section 123B of the Carbon Credits
(Carbon Farming Initiative) Act and substitutes a new note to replace the
reference to the Legislative Instruments Act with a reference to the
Legislation Act and direct the reader to the relevant Regulations where
sunsetting and disallowance exemptions are to be consolidated.
Item 101 - Subsections 133(4) and (5) (note)
127. Item 101 amends the notes to subsections 133(4) and (5) of the
Carbon Credits (Carbon Farming Initiative) Act to replace references to the
Legislative Instruments Act with a reference to the Legislation Act.
Item 102 - Subsection 304(2)
128. Item 102 amends subsection 305(2) of the Carbon Credits (Carbon
Farming Initiative) Act to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
Carriage of Goods by Sea Act 1991
Item 103 - Section 9A
129. Item 103 amends section 9A of the Carriage of Goods by Sea Act
1991 to omit the reference to Part 6 of the Legislative Instruments Act. Part
35
6 deals with sunsetting of legislative instruments. This amendment removes
an outdated reference to the Legislative Instruments Act. It also removes the
exemption from sunsetting for instruments made for paragraph 4 of Article
1 of the amended Hague Rules as that exemption is already covered by a
general exemption in the table in subsection 54(2) of the Legislative
Instruments Act. That exemption will be consolidated into the Regulations.
Accordingly, the legal effect of the sunsetting exemption will be preserved.
Item 104 - Section 9A (note)
130. Item 104 makes a minor amendment to the note to section 9A of the
Carriage of Goods by Sea Act as a result of the addition of a note under
Item 105 below.
Item 105 - At the end of section 9A
131. Item 105 adds a note at the end of section 9A of the Carriage of
Goods by Sea Act. The note explains that Part 4 of Chapter 3 (sunsetting) of
the Legislation Act does not apply to instruments made for paragraph 4 of
Article 1 of the amended Hague Rules under the regulations made for the
purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the
reader to the relevant regulations where the sunsetting exemptions are to be
consolidated.
Charter of the United Nations Act 1945
Item 106 - Subsection 6(3)
132. Item 106 amends subsection 6(3) of the Charter of the United
Nations Act 1945 to replace the reference to the Legislative Instruments Act
with a reference to the Legislation Act.
Chemical Weapons (Prohibition) Act 1994
Item 107 - Subsections 8B(3) and 10(9) (note)
133. Item 107 amends notes to subsections 8B(3) and 10(9) of the
Chemical Weapons (Prohibition) Act 1994 to replace references to the
Legislative Instruments Act with references to the Legislation Act.
Civil Aviation Act 1988
Item 108 - Section 3 (definition of civil aviation legislation)
36
134. Item 108 amends the definition of civil aviation legislation in section
3 of the Civil Aviation Act 1988 to omit the phrase '(within the meaning of
the Legislative Instruments Act 2003)' (wherever occurring). This phrase is
no longer necessary when referring to legislative instruments, as the
definition of legislative instrument is centrally provided by section 8 of the
Legislation Act. That definition is generally applied by section 2B of the
Acts Interpretation Act 1901 (as amended by the Acts and Instruments
(Framework Reform) Act).
Item 109 - Subsection 98(4B)
135. Item 109 amends subsection 98(4B) of the Civil Aviation Act to omit
the reference to Part 6 of the Legislative Instruments Act. Part 6 deals with
sunsetting of legislative instruments. This amendment removes an outdated
reference to the Legislative Instruments Act. It also removes the exemption
from sunsetting for instruments made under subsection 98(4A) of the Civil
Aviation Act, as that exemption will be transferred to a consolidated list of
sunsetting exemptions in the Regulations. Accordingly, the legal effect of
the sunsetting exemption will be preserved.
Item 110 - At the end of subsection 98(4B)
136. Item 110 adds a note at the end of subsection 98(4B) of the Civil
Aviation Act. The note explains that Part 4 of Chapter 3 (sunsetting) of the
Legislation Act does not apply to instruments made under subsection
98(4A) of the Civil Aviation Act which are prescribed by regulation for the
purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the
reader to the relevant Regulations where the sunsetting exemptions are to be
consolidated.
Item 111 - Subsection 98(5AAA)
137. Item 111 amends subsection 98(5AAA) of the Civil Aviation Act to
omit the reference to Part 6 of the Legislative Instruments Act. Part 6 deals
with sunsetting of legislative instruments. This amendment removes an
outdated reference to the Legislative Instruments Act. It also removes the
exemption from sunsetting for instruments made under subsection 98(5) of
the Civil Aviation Act, as that exemption will be transferred to a
consolidated list of sunsetting exemptions in the Regulations. Accordingly,
the legal effect of the sunsetting exemption will be preserved.
Item 112 - At the end of subsection 98(5AAA)
37
138. Item 112 adds a note at the end of subsection 98(5AAA) of the Civil
Aviation Act. The note explains that Part 4 of Chapter 3 (sunsetting) of the
Legislation Act does not apply to instruments made under subsection 98(5)
of the Civil Aviation Act which are prescribed by regulation for the
purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the
reader to the relevant regulations where the sunsetting exemptions are to be
consolidated.
Item 113 - Paragraph 98(5AA)(c)
139. Item 113 amends paragraph 98(5AA)(c) of the Civil Aviation Act to
amend punctuation as a result of the amendment under Item 114 below.
Item 114 - Subsection 98(5AA)
140. Item 114 amends subsection 98(5AA) of the Civil Aviation Act to
omit the reference to Part 6 of the Legislative Instruments Act. Part 6 deals
with sunsetting of legislative instruments. This amendment removes an
outdated reference to the Legislative Instruments Act. It also removes the
exemption from sunsetting for instruments made under paragraph 98(5A)(a)
of the Civil Aviation Act, as that exemption will be transferred to a
consolidated list of sunsetting exemptions in the Regulations. Accordingly,
the legal effect of the sunsetting exemption will be preserved.
Item 115 - At the end of subsection 98(5AA)
141. Item 115 adds a note at the end of subsection 98(5AA) of the Civil
Aviation Act. The note explains that Part 4 of Chapter 3 (sunsetting) of the
Legislation Act does not apply to instruments made under paragraph
98(5A)(a) of the Civil Aviation Act which are prescribed by regulation for
the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs
the reader to the relevant regulations where the sunsetting exemptions are to
be consolidated.
Item 116 - Paragraph 98(5B)(c)
142. Item 116 amends paragraph 98(5B)(c) of the Civil Aviation Act to
amend punctuation as a result of the amendment under Item 117 below.
Item 117 - Subsection 98(5B)
143. Item 117 amends subsection 98(5B) of the Civil Aviation Act to omit
the reference to Part 6 of the Legislative Instruments Act. Part 6 deals with
38
sunsetting of legislative instruments. This amendment removes an outdated
reference to the Legislative Instruments Act. It also removes the exemption
from sunsetting for instruments made under paragraph 98(5A)(b) of the
Civil Aviation Act, as that exemption will be transferred to a consolidated
list of sunsetting exemptions in the Regulations. Accordingly, the legal
effect of the sunsetting exemption will be preserved.
Item 118 - At the end of subsection 98(5B)
144. Item 118 adds a note at the end of subsection 98(5B) of the Civil
Aviation Act. The note explains that Part 4 of Chapter 3 (sunsetting) of the
Legislation Act does not apply to instruments made under paragraph
98(5A)(b) of the Civil Aviation Act which are prescribed by regulation for
the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs
the reader to the relevant Regulations where the sunsetting exemptions are
to be consolidated.
Item 119 - Subsection 98(5D)
145. Item 119 amends subsection 98(5D) of the Civil Aviation Act to
replace the reference to the Legislative Instruments Act with a reference to
the Legislation Act.
Clean Energy Legislation (Carbon Tax Repeal) Act 2014
Item 120 - Subitem 359(2) of Schedule 1
146. Item 120 amends subitem 359(2) of Schedule 1 to the Clean Energy
Legislation (Carbon Tax Repeal) Act 2014 to replace the reference to the
Legislative Instruments Act with a reference to the Legislation Act.
Item 121 - At the end of item 359 of Schedule 1
147. Item 121 adds subitem 359(3) at the end of item 359 of Schedule 1 to
the Clean Energy Legislation (Carbon Tax Repeal) Act which provides that
subsection 12(2) of the Legislation Act does not apply to the instruments
made under subitem 359(1).
148. This new subitem refers to the Legislation Act and reflects
amendments to section 12 made by the Acts and Instruments (Framework
Reform) Act. The previous subsection 12(2) provided that instruments do
not have effect where they would take effect before registration and could
adversely impact upon a person. Under subsection 12(3), this rule was
39
subject to a contrary intention in the enabling Act. Instead of providing that
the entire instrument has no effect, the amended subsection 12(2) provides
that instruments do not apply in relation to a particular person
retrospectively where they would have an adverse effect on that person.
New subsection 12(3) expressly provides that, subject to this limitation in
relation to particular persons, instruments may commence retrospectively.
Accordingly, in order to produce the same outcome as was produced by
overriding the previous subsection 12(2), the operation of amended
subsection 12(2) is turned off for instruments whose retrospective
commencement is to apply to persons even if those persons are adversely
impacted by that retrospective commencement.
Clean Energy Regulator Act 2011
Item 122 - Subsection 41(1) (note 2)
149. Item 122 repeals note 2 at subsection 41(1) of the Clean Energy
Regulator Act 2011 and substitutes a new note to replace the reference to the
Legislative Instruments Act with a reference to the Legislation Act and
direct the reader to the relevant regulations where sunsetting and
disallowance exemptions are to be consolidated.
Coal Mining Industry (Long Service Leave) Administration Act 1992
Item 123 - Subsection 4(1) (note at the end of the definition of eligible
employee)
150. Item 123 amends the note at the end of the definition of eligible
employee in subsection 4(1) of the Coal Mining Industry (Long Service
Leave) Administration Act 1992 to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
Commonwealth Bank Sale Act 1995
Item 124 - Subsection 19(3)
151. Item 124 repeals subsection 19(3) of the Commonwealth Bank Sale
Act 1995 which provides that despite subsection 12(2) of the Legislative
Instruments Act instruments made under section 19 of the Commonwealth
Bank Sale Act may be expressed to take effect from a date before they are
registered. This is replaced with a new subsection 19(3) which provides that
subsection 12(2) of the Legislation Act does not apply to the instruments.
40
152. This new subsection updates the reference to the Legislative
Instruments Act to refer to the Legislation Act and updates the drafting of
the subsection to reflect amendments to section 12 made by the Acts and
Instruments (Framework Reform) Act. The previous subsection 12(2)
provided that instruments do not have effect where they would take effect
before registration and could adversely impact upon a person. Under
subsection 12(3), this rule was subject to a contrary intention in the enabling
Act. Instead of providing that the entire instrument has no effect, the
amended subsection 12(2) provides that instruments do not apply in relation
to a particular person retrospectively where they would have an adverse
effect on that person. New subsection 12(3) expressly provides that, subject
to this limitation in relation to particular persons, instruments may
commence retrospectively. Accordingly, in order to produce the same
outcome as was produced by overriding the previous subsection 12(2), the
operation of amended subsection 12(2) is turned off for instruments whose
retrospective commencement is to apply to persons even if those persons are
adversely impacted by that retrospective commencement.
Commonwealth Electoral Act 1918
Item 125 - Subsection 375(1)
153. Item 125 omits the subsection number '(1)' from subsection 375(1)
of the Commonwealth Electoral Act 1918, which is unnecessary as it is the
only existing subsection in that section.
Item 126 - Subsection 375(1) (note)
154. Item 126 amends the note to subsection 375(1) of the Commonwealth
Electoral Act to replace references to the Legislative Instruments Act
(wherever occurring) with references to the Legislation Act.
Commonwealth Places (Mirror Taxes) Act 1998
Item 127 - Subsection 25(2)
155. Item 127 amends subsection 25(2) of the Commonwealth Places
(Mirror Taxes) Act 1998 to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act, and to clarify that
subsection 12(2) of the Legislation Act relates to the retrospective
application of legislative instruments.
Competition and Consumer Act 2010
41
Item 128 - Subsection 44PA(7) (heading)
156. Item 128 repeals the heading to subsection 44PA(7) of the
Competition and Consumer Act 2010 and substitutes a new heading to
replace the reference to the Legislative Instruments Act with a reference to
the Legislation Act.
Item 129 - Subsection 44PA(7)
157. Item 129 amends subsection 44PA(7) of the Competition and
Consumer Act to omit the phrase 'for the purposes of the Legislative
Instruments Act 2003'. This phrase is no longer necessary when referring to
legislative instruments, as the definition of legislative instrument is
centrally provided by section 8 of the Legislation Act. That definition is
generally applied by section 2B of the Acts Interpretation Act 1901 (as
amended by the Acts and Instruments (Framework Reform) Act).
Item 130 - Subsection 44PB(4) (heading)
158. Item 130 repeals the heading to subsection 44PB(4) of the
Competition and Consumer Act and substitutes a new heading to replace the
reference to the Legislative Instruments Act with a reference to the
Legislation Act.
Item 131 - Subsections 44PB(4) and 44V(6)
159. Item 131 amends subsections 44PB(4) and 44V(6) of the Competition
and Consumer Act to omit the phrase 'for the purposes of the Legislative
Instruments Act 2003'. This phrase is no longer necessary when referring to
legislative instruments, as the definition of legislative instrument is
centrally provided by section 8 of the Legislation Act. That definition is
generally applied by section 2B of the Acts Interpretation Act 1901 (as
amended by the Acts and Instruments (Framework Reform) Act).
Item 132 - Subsection 44ZNA(9) (heading)
160. Item 132 repeals the heading to subsection 44ZNA(9) of the
Competition and Consumer Act and substitutes a new heading to replace the
reference to the Legislative Instruments Act with a reference to the
Legislation Act.
Item 133 - Subsection 44ZNA(9)
42
161. Item 133 amends subsection 44ZNA(9) of the Competition and
Consumer Act to omit the phrase 'for the purposes of the Legislative
Instruments Act 2003'. This phrase is no longer necessary when referring to
legislative instruments, as the definition of legislative instrument is
centrally provided by section 8 of the Legislation Act. That definition is
generally applied by section 2B of the Acts Interpretation Act 1901 (as
amended by the Acts and Instruments (Framework Reform) Act).
Item 134 - Subsection 44ZNB(8) (heading)
162. Item 134 repeals the heading to subsection 44ZNB(8) of the
Competition and Consumer Act and substitutes a new heading to replace the
reference to the Legislative Instruments Act with a reference to the
Legislation Act.
Item 135 - Subsection 44ZNB(8)
163. Item 135 amends subsection 44ZNB(8) of the Competition and
Consumer Act to omit the phrase 'for the purposes of the Legislative
Instruments Act 2003'. This phrase is no longer necessary when referring to
legislative instruments, as the definition of legislative instrument is
centrally provided by section 8 of the Legislation Act. That definition is
generally applied by section 2B of the Acts Interpretation Act 1901 (as
amended by the Acts and Instruments (Framework Reform) Act).
Item 136 - Subsection 44ZZCB(8) (heading)
164. Item 136 repeals the heading to subsection 44ZZCB(8) of the
Competition and Consumer Act and substitutes a new heading to replace the
reference to the Legislative Instruments Act with a reference to the
Legislation Act.
Item 137 - Subsection 44ZZCB(8)
165. Item 137 amends subsection 44ZZCB(8) of the Competition and
Consumer Act to omit the phrase 'for the purposes of the Legislative
Instruments Act 2003'. This phrase is no longer necessary when referring to
legislative instruments, as the definition of legislative instrument is
centrally provided by section 8 of the Legislation Act. That definition is
generally applied by section 2B of the Acts Interpretation Act 1901 (as
amended by the Acts and Instruments (Framework Reform) Act).
Item 138 - Subsection 87Y(2)
43
166. Item 138 repeals subsection 87Y(2) of the Competition and
Consumer Act and substitutes a new subsection to replace the reference to
the Legislative Instruments Act with a reference to the Legislation Act. The
new subsection also reflects changes made to subsection 12(1) of the
Legislative Instruments Act by the Acts and Instruments (Framework
Reform) Act.
Item 139 - Subsection 10.72A(1) (note)
167. Item 139 amends the note to subsection 10.72A(1) of the Competition
and Consumer Act to replace the reference to the Legislative Instruments
Act with a reference to the Legislation Act.
Item 140 - Section 131E (heading)
168. Item 140 repeals the heading to section 131E of the Competition and
Consumer Act and substitutes a new heading to replace the reference to the
Legislative Instruments Act with a reference to the Legislation Act.
Item 141 - Subsections 151BUAA(1B) and 151BUD(1) and (3) (note)
169. Item 141 amends the notes to subsection 151BUAA(1B) and
151BUD(1) and (3) of the Competition and Consumer Act to replace
references to the Legislative Instruments Act with references to the
Legislation Act.
Item 142 - Subsections 152AL(9), (10) and (11)
170. Item 142 amends subsections 152AL(9), (10) and (11) of the
Competition and Consumer Act to omit the phrase 'for the purposes of the
Legislative Instruments Act 2003'. This phrase is no longer necessary when
referring to legislative instruments, as the definition of legislative
instrument is centrally provided by section 8 of the Legislation Act. That
definition is generally applied by section 2B of the Acts Interpretation Act
1901 (as amended by the Acts and Instruments (Framework Reform) Act).
Item 143 - Paragraphs 152AL(12)(c) and (d)
171. Item 143 amends paragraphs 152AL(12)(c) and (d) of the
Competition and Consumer Act to omit the phrase 'for the purposes of the
Legislative Instruments Act 2003'. This phrase is no longer necessary when
referring to legislative instruments, as the definition of legislative
instrument is centrally provided by section 8 of the Legislation Act. That
44
definition is generally applied by section 2B of the Acts Interpretation Act
1901 (as amended by the Acts and Instruments (Framework Reform) Act).
Item 144 - Subsection 152AL(13)
172. Item 144 amends subsection 152AL(13) of the Competition and
Consumer Act to replace the reference to the Legislative Instruments Act
with a reference to the Legislation Act.
Item 145 - Subsections 152ALA(10) and (11)
173. Item 145 amends subsections 152ALA(10) and (11) of the
Competition and Consumer Act to omit the phrase 'for the purposes of the
Legislative Instruments Act 2003'. This phrase is no longer necessary when
referring to legislative instruments, as the definition of legislative
instrument is centrally provided by section 8 of the Legislation Act. That
definition is generally applied by section 2B of the Acts Interpretation Act
1901 (as amended by the Acts and Instruments (Framework Reform) Act).
Item 146 - Subsection 152ALA(12)
174. Item 146 amends subsection 152ALA(12) of the Competition and
Consumer Act to replace the reference to the Legislative Instruments Act
with a reference to the Legislation Act.
Item 147 - Subsections 152AR(4B) and (4C) (note)
175. Item 147 amends notes to subsections 152AR(4B) and (4C) of the
Competition and Consumer Act to replace references to the Legislative
Instruments Act with references to the Legislation Act.
Item 148 - Subsections 152ELA(8) and 152ELC(3)
176. Item 148 amends subsections 152ELA(8) and 152ELC(3) of the
Competition and Consumer Act to omit the phrase 'for the purposes of the
Legislative Instruments Act 2003'. This phrase is no longer necessary when
referring to legislative instruments, as the definition of legislative
instrument is centrally provided by section 8 of the Legislation Act. That
definition is generally applied by section 2B of the Acts Interpretation Act
1901 (as amended by the Acts and Instruments (Framework Reform) Act).
Copyright Act 1968
45
Item 149 - Subsection 249(2) (note)
177. Item 149 amends the note to subsection 249(2) of the Copyright Act
1968 to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
Criminal Code Act 1995
Item 150 - Subparagraph 9.4(2)(c)(i) of the Criminal Code
178. Item 150 amends the note to subparagraph 9.4(2)(c)(i) of the
Criminal Code of the Criminal Code Act 1995 to replace the reference to the
Legislative Instruments Act with a reference to the Legislation Act.
Item 151 - Subsection 80.1AA(2) of the Criminal Code
179. Item 151 repeals subsection 80.1AA(2) of the Criminal Code which
provides that despite subsection 12(2) of the Legislative Instruments Act
instruments made under paragraph 80.1AA(1)(b) of the Criminal Code may
be expressed to take effect from before the day the instrument is registered
under the Legislative Instruments Act but not before it is made. This is
replaced with new subsections 80.1AA(2) and 80.1AA(2A). The new
subsection 80.1AA(2) provides that subsection 12(2) of the Legislation Act
does not apply to the instruments. Subsection 80.1AA(2A) provides that
despite subsection 12(3) of the Legislation Act, the instrument must not
commence before the day on which it is made.
180. This new subsection 80.1AA(2) updates the reference to the
Legislative Instruments Act to refer to the Legislation Act and updates the
drafting of the subsection to reflect amendments to section 12 made by the
Acts and Instruments (Framework Reform) Act. The previous subsection
12(2) provided that instruments do not have effect where they would take
effect before registration and could adversely impact upon a person. Under
subsection 12(3), this rule was subject to a contrary intention in the enabling
Act. Instead of providing that the entire instrument has no effect, the
amended subsection 12(2) provides that instruments do not apply in relation
to a particular person retrospectively where they would have an adverse
effect on that person. New subsection 12(3) expressly provides that, subject
to this limitation in relation to particular persons, instruments may
commence retrospectively. Accordingly, in order to produce the same
outcome as was produced by overriding the previous subsection 12(2), the
operation of amended subsection 12(2) is turned off for instruments whose
46
retrospective commencement is to apply to persons even if those persons are
adversely impacted by that retrospective commencement.
181. Further, by expressly providing that instruments must not commence
before the day on which they are made, the new subsection 80.1AA(2)
displaces subsection 12(3) of the Legislation Act. It thus limits retrospective
commencement to on or after the day on which the instrument is made to
preserve the effect of subsection 80.1AA(2).
Item 152 - Subsection 102.1(6) of the Criminal Code
182. Item 152 repeals subsection 102.1(6) of the Criminal Code, which
refers to the repealed section 15 of the Legislative Instruments Act. This
section was repealed by the Legislative Instruments Amendment (Sunsetting
Measures) Act 2012. This was to ensure that section 7 of the Acts
Interpretation Act would automatically apply to Acts, legislative instruments
and non-legislative instruments. Section 100.5 of the Criminal Code
provides that the version of the Acts Interpretation Act that was in force at
the time Schedule 1 of the Criminal Code Amendment (Terrorism) Act 2003
commenced applies to Part 5.3. This Schedule commenced on 29 May 2003,
which means that a previous version of the Acts Interpretation Act applies
to subsection 102.1(6). That previous version does not contain section 7.
The combination of sections 8 and 8B of that version of the Acts
Interpretation Act will operate to achieve the same effect as
subsection 102.1(6). Although sections 8 and 8B reference 'Acts', rather
than legislative instruments, section 46 of that version of the Acts
Interpretation Act provides that that version of the Acts Interpretation Act
applies to any instrument as if it were an 'Act'. Accordingly,
subsection 102.1(6) of the Criminal Code is redundant.
Item 153 - Subsection 102.1A(3) of the Criminal Code
183. Item 153 amends subsection 102.1A(3) of the Criminal Code to
update the reference to Part 5 (Parliamentary scrutiny of legislative
instruments) of the Legislative Instruments Act to Part 2 of Chapter 3
(Parliamentary scrutiny of legislative instruments) of the Legislation Act.
Item 154 - Subsection 102.1A(4) of the Criminal Code
184. Item 154 amends subsection 102.1A(4) of the Criminal Code to
replace the reference to the Legislative Instruments Act with a reference to
the Legislation Act.
47
Item 155 - Subsection 119.3(4) (note) of the Criminal Code
185. Item 155 amends the note to subsection 119.3(4) of the Criminal
Code to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
Item 156 - Subsection 119.3(7) of the Criminal Code
186. Item 156 amends subsection 119.3(7) of the Criminal Code to replace
the reference to the Legislative Instruments Act with a reference to the
Legislation Act.
Item 157 - Paragraph 301.16(1)(a) of the Criminal Code
187. Item 157 amends paragraph 301.16(1)(a) of the Criminal Code of to
replace the reference to the Legislative Instruments Act with a reference to
the Legislation Act.
Item 158 - Subsections 301.16(3) and 301.17(1) of the Criminal Code
188. Item 158 amends subsections 301.16(3) and 301.17(1) of the
Criminal Code to replace references to the Legislative Instruments Act with
references to the Legislation Act.
Cross-Border Insolvency Act 2008
Item 159 - Section 9 (note 2)
189. Item 159 amends note 2 to section 9 of the Cross Border Insolvency
Act 2008 to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
Customs Act 1901
Item 160 - Subsections 71AAAE(1) and (2) (note 2)
190. Item 160 amends notes 2 to subsections 71AAAE(1) and (2) of the
Customs Act 1901 to replace references to the Legislative Instruments Act
with references to the Legislation Act.
Item 161 - Subsections 153ZLB(6), 153ZMB(6), 153ZNB(6), 269SC(8)
and 269SD(6)
48
191. Item 161 amends subsections 153ZLB(6),153ZMB(6), 153ZNB(6),
269SC(8) and 269SD(6) of the Customs Act to replace references to the
Legislative Instruments Act with references to the Legislation Act.
Customs Tariff Act 1995
Item 162 - Subsection 16A(5)
192. Item 162 amends subsection 16A(5) of the Customs Tariff Act 1995
to omit the phrase 'despite subsection 12(2) of the Legislative Instruments
Act 2003'. This removes the outdated reference to the Legislative
Instruments Act and the exemption from subsection 12(2) of the Legislation
Act. This is because this section provides for special safeguards for certain
sensitive goods which are intended to operate from 1 January 2005 to 31
December 2008. As this period has long expired, the exemption from
subsection 12(2) of the Legislative Instruments Act is spent and no longer
necessary.
Dairy Produce Act 1986
Item 163 - At the end of subclause 94(1) of Schedule 2
193. Item 163 adds a note at the end of subclause 94(1) of Schedule 2 to
the Dairy Produce Act 1986 to reflect the fact that the relevant instrument
envisaged in subclauses 94(1) and (2) of Schedule 2 was made, and has
since been repealed as spent. The note informs the reader of the renaming of
the Legislative Instruments Act to the Legislation Act.
Data-matching Program (Assistance and Tax) Act 1990
Item 164 - Subsection 3A(3)
194. Item 164 amends subsection 3A(3) of the Data-matching Program
(Assistance and Tax) Act 1990 to replace the reference to the Federal
Register of Legislative Instruments under the Legislative Instruments Act
with a reference to the Federal Register of Legislation under the Legislation
Act. The amendment is consequential on Part 4 (Federal Register of
Legislative Instruments) of the Legislative Instruments Act being repealed
by the Acts and Instruments (Framework Reform) Act, and section 15A of
the Legislation Act providing for the Federal Register of Legislation.
Item 165 - Subsection 12(6)
49
195. Item 165 amends subsection 12(6) of the Data-matching Program
(Assistance and Tax) Act to reflect changes to subsection 12(1) of the
Legislative Instruments Act by the Acts and Instruments (Framework
Reform) Act by changing 'take effect' to 'commence'. It also replaces the
reference to the Legislative Instruments Act with a reference to the
Legislation Act.
Defence Housing Australia Act 1987
Item 166 - Subsection 6(5)
196. Item 166 amends subsection 6(5) of the Defence Housing Australia
Act 1987 to omit the reference to Part 6 of the Legislative Instruments Act.
Part 6 deals with sunsetting of legislative instruments. This amendment
removes an outdated reference to the Legislative Instruments Act. It also
removes the exemption from sunsetting for instruments made under
subsection 6(4) of the Defence Housing Australia Act, as that exemption
will be transferred to a consolidated list of sunsetting exemptions in the
Regulations. Accordingly, the legal effect of the sunsetting exemption will
be preserved.
Item 167 - At the end of subsection 6(5)
197. Item 167 adds a note at the end of subsection 6(5) of the Defence
Housing Australia Act. The note explains that Part 4 of
Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments
made under subsection 6(4) of the Defence Housing Australia Act, which
are prescribed by regulation for the purposes of paragraph 54(2)(b) of the
Legislation Act. This note directs the reader to the relevant regulations
where the sunsetting exemptions are to be consolidated.
Defence (Special Undertakings) Act 1952
Item 168 - Subsection 15(1)
198. Item 168 amends subsection 15(1) of the Defence (Special
Undertakings) Act 1952 to omit the phrase 'for the purposes of the
Legislative Instruments Act 2003'. This phrase is no longer necessary when
referring to legislative instruments, as the definition of legislative
instrument is centrally provided by section 8 of the Legislation Act. That
definition is generally applied by section 2B of the Acts Interpretation Act
(as amended by the Acts and Instruments (Framework Reform) Act).
50
Defence Trade Controls Act 2012
Item 169 - Subsection 36(5)
199. Item 169 amends subsection 36(5) of the Defence Trade Controls Act
2012 to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
Dental Benefits Act 2008
Item 170 - Subsections 18(2) and 21(2) (note)
200. Item 170 amends subsection 18(2) and the note to subsection 21(2) of
the Dental Benefits Act 2008 to replace the references to the Legislative
Instruments Act with references to the Legislation Act.
Item 171 - Subsection 60(4)
201. Item 171 amends subsection 60(4) of the Dental Benefits Act to
replace the reference to the Legislative Instruments Act with a reference to
the Legislation Act.
Designs Act 2003
Item 172 - Subsection 5A(2)
202. Item 172 amends subsection 5A(2) of the Designs Act 2003 to replace
the reference to the Legislative Instruments Act with a reference to the
Legislation Act.
DisabilityCare Australia Fund Act 2013
Item 173 - Subsection 29(11) (notes 1 and 2)
203. Item 173 repeals the notes to subsection 29(11) of the DisabilityCare
Australia Fund Act 2013 and substitutes new notes to replace the references
to the Legislative Instruments Act with references to the Legislation Act,
and direct the reader to the relevant regulations where sunsetting and
disallowance exemptions are to be consolidated.
Item 174 - Subsection 31(2) (note)
51
204. Item 174 amends the note to subsection 31(2) of the DisabilityCare
Australia Fund Act to replace the reference to the Legislative Instruments
Act with a reference to the Legislation Act.
Education Services for Overseas Students Act 2000
Item 175 - Subsection 175(1) (note)
205. Item 175 amends the note to subsection 175(1) of the Education
Services for Overseas Students Act 2000 to replace the reference to the
Legislative Instruments Act with a reference to the Legislation Act.
Item 176 - Subsections 176B(2) and 176C(2)
206. Item 176 amends subsections 176B(2) and 176C(2) of the Education
Services for Overseas Students Act to replace references to the Legislative
Instruments Act with references to the Legislation Act.
Education Services for Overseas Students (TPS Levies) Act 2012
Item 177 - Subsection 11(4)
207. Item 177 amends subsection 11(4) of the Education Services for
Overseas Students (TPS Levies) Act 2012 to replace the reference to the
Legislative Instruments Act with a reference to the Legislation Act.
Enhancing Online Safety for Children Act 2015
Item 178 - Subsections 67(4) and 70(1) (note 2)
208. Item 178 repeals notes 2 to subsections 67(4) and 70(1) of the
Enhancing Online Safety for Children Act 2015 and substitutes new notes to
replace the references to the Legislative Instruments Act with references to
the Legislation Act, and direct the reader to the relevant regulations where
sunsetting and disallowance exemptions are to be consolidated.
Item 179 - Subsection 73(2)
209. Item 179 amends subsection 73(2) of the Enhancing Online Safety
for Children Act to replace the reference to the Legislative Instruments Act
with a reference to the Legislation Act.
Environment Protection and Biodiversity Conservation Act 1999
52
Item 180 - Subsections 25A(1) and 28AA(1) (note)
210. Item 180 amends the notes to subsections 25A(1) and 28AA(1) of the
Environment Protection and Biodiversity Conservation Act 1999 to replace
the references to the Legislative Instruments Act with references to the
Legislation Act.
Item 181 - Subsection 184(1)
211. Item 181 amends subsection 184(1) of the Environment Protection
and Biodiversity Conservation Act to omit the number (1) as
subsection 184(2) is being repealed by item 183 without being substituted,
and there are no other existing subsections in this section.
Item 182 - At the end of subsection 184(1)
212. Item 182 adds a note at the end of subsection 184(1) of the
Environment Protection and Biodiversity Conservation Act. The note
explains that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not
apply to instruments made under subsection 8(1) of the Environment
Protection and Biodiversity Conservation Act, which are prescribed by
regulation for the purposes of paragraph 54(2)(b) of the Legislation Act.
This note directs the reader to the relevant regulations where the sunsetting
exemptions are to be consolidated.
Item 183 - Subsection 184(2)
213. Item 183 repeals subsection 184(2) of the Environment Protection
and Biodiversity Conservation Act. Repealing the subsection removes an
outdated reference to the Legislative Instruments Act. It also removes the
exemption from sunsetting for instruments made under subsection 184(1) of
the Environment Protection and Biodiversity Conservation Act, as that
exemption is already covered by a general exemption in the table in
subsection 54(2) of the Legislative Instruments Act. Those exemptions will
be consolidated into the Regulations. Accordingly, the legal effect of the
exemptions will be preserved.
Item 184 - Subsection 194C(3)
214. Item 184 amends subsection 194C(3) of the Environment Protection
and Biodiversity Conservation Act to omit the references to section 42 and
Part 6 of the Legislative Instruments Act and replace them with a reference
to section 42 of the Legislation Act. Section 42 and Part 6 deal with
53
disallowance and sunsetting of legislative instruments respectively. This
amendment removes an outdated reference to Part 6 of the Legislative
Instruments Act. It also removes the exemption from sunsetting for
instruments made under paragraph 197C(1)(a) of the Environment
Protection and Biodiversity Conservation Act, as that exemption is already
covered by a general exemption in the table in subsection 54(2) of the
Legislative Instruments Act. Those exemptions will be consolidated into the
Regulations. Accordingly, the legal effect of the exemptions will be
preserved.
Item 185 - At the end of subsection 194C(3)
215. Item 185 adds a note at the end of section 194C(3) of the
Environment Protection and Biodiversity Conservation Act. The note
explains that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not
apply to instruments made under section 194C(3) of the Environment
Protection and Biodiversity Conservation Act, which are prescribed by
regulation for the purposes of paragraph 54(2)(b) of the Legislation Act.
This note directs the reader to the relevant regulations where the sunsetting
exemptions are to be consolidated.
Item 186 - Subsection 194D(4)
216. Item 186 amends subsection 194D(4) of the Environment Protection
and Biodiversity Conservation Act to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
Item 187 - Subsection 209(7)
217. Item 187 amends subsection 209(7) of the Environment Protection
and Biodiversity Conservation Act to omit the reference to Part 6 of the
Legislative Instruments Act. Part 6 deals with sunsetting of legislative
instruments. This amendment removes an outdated reference to Part 6 of the
Legislative Instruments Act. It also removes the exemption from sunsetting
for instruments made under subsection 209(1) of the Environment
Protection and Biodiversity Conservation Act, as that exemption is already
covered by a general exemption in the table in subsection 54(2) of the
Legislative Instruments Act. Those exemptions will be consolidated into the
Regulations. Accordingly, the legal effect of the exemptions will be
preserved.
Item 188 - At the end of subsection 209(7)
54
218. Item 188 adds a note at the end of subsection 209(7) of the
Environment Protection and Biodiversity Conservation Act. The note
explains that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not
apply to instruments made under subsection 209(1) of the Environment
Protection and Biodiversity Conservation Act, which are prescribed by
regulation for the purposes of paragraph 54(2)(b) of the Legislation Act.
This note directs the reader to the relevant regulations where the sunsetting
exemptions are to be consolidated.
Item 189 - Subsection 324G(3)
219. Item 189 amends subsection 324G(3) of the Environment Protection
and Biodiversity Conservation Act to omit the reference to Part 6 of the
Legislative Instruments Act. Part 6 deals with sunsetting of legislative
instruments. This amendment removes an outdated reference to the
Legislative Instruments Act. It also removes the exemption from sunsetting
for instruments made under paragraph 324G(1)(a) of the Environment
Protection and Biodiversity Conservation Act, as that exemption will be
transferred to a consolidated list of sunsetting exemptions in the new
Regulations. Accordingly, the legal effect of the sunsetting exemption will
be preserved.
Item 190 - At the end of subsection 324G(3)
220. Item 190 adds a note at the end of subsection 324G(3) of the
Environment Protection and Biodiversity Conservation Act. The note
explains that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not
apply to instruments made under subsection 324G(1)(a) of the Environment
Protection and Biodiversity Conservation Act, which are prescribed by
regulation for the purposes of paragraph 54(2)(b) of the Legislation Act.
This note directs the reader to the relevant regulations where the sunsetting
exemptions are to be consolidated.
Item 191 - Subsection 324H(3)
221. Item 191 amends subsection 324H(3) of the Environment Protection
and Biodiversity Conservation Act to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
Item 192 - Subsection 341G(3)
222. Item 192 amends subsection 341G(3) of the Environment Protection
and Biodiversity Conservation Act to omit the reference to Part 6 of the
55
Legislative Instruments Act. Part 6 deals with sunsetting of legislative
instruments. This amendment removes an outdated reference to the
Legislative Instruments Act. It also removes the exemption from sunsetting
for instruments made under paragraph 341G(1)(a) of the Environment
Protection and Biodiversity Conservation Act, as that exemption will be
transferred to a consolidated list of sunsetting exemptions in the new
Regulations. Accordingly, the legal effect of the sunsetting exemption will
be preserved.
Item 193 - At the end of subsection 341G(3)
223. Item 193 adds a note at the end subsection 341G(3) of the
Environment Protection and Biodiversity Conservation Act. The note
explains that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not
apply to instruments made under paragraph 341G(1)(a) of the Environment
Protection and Biodiversity Conservation Act, which are prescribed by
regulation for the purposes of paragraph 54(2)(b) of the Legislation Act.
This note directs the reader to the relevant regulations where the sunsetting
exemptions are to be consolidated.
Item 194 - Paragraphs 390SD(4)(a) and 390SF(3)(a)
224. Item 194 amends paragraphs 390SD(4)(a) and 390SF(3)(a) of the
Environment Protection and Biodiversity Conservation Act to replace the
references to the Federal Register of Legislative Instruments under the
Legislative Instruments Act with references to the Federal Register of
Legislation under the Legislation Act. These amendments are consequential
on Part 4 (Federal Register of Legislative Instruments) of the Legislative
Instruments Act being repealed by the Acts and Instruments (Framework
Reform) Act, and section 15A of the Legislation Act providing for the
Federal Register of Legislation.
Item 195 - Subsection 390SG(2)
225. Item 195 amends paragraph 390SG(2) of the Environment Protection
and Biodiversity Conservation Act to replace the reference to the Federal
Register of Legislative Instruments under the Legislative Instruments Act
with a reference to the Federal Register of Legislation under the Legislation
Act. The amendment is consequential on Part 4 (Federal Register of
Legislative Instruments) of the Legislative Instruments Act being repealed
by the Acts and Instruments (Framework Reform) Act, and section 15A of
the Legislation Act providing for the Federal Register of Legislation.
56
Item 196 - Section 528
226. Item 196 adds a definition for the Federal Register of Legislation to
section 528 of the Environment Protection and Biodiversity Conservation
Act to reflect its establishment by the Legislation Act.
Item 197 - Section 528 (definition of Federal Register of Legislative
Instruments)
227. Item 197 repeals the definition of Federal Register of Legislative
Instruments at section 528 of the Environment Protection and Biodiversity
Conservation Act to reflect Part 4 (Federal Register of Legislative
Instruments) of the Legislative Instruments Act being repealed by the Acts
and Instruments (Framework Reform) Act.
Item 198 - Subclause 4(2) of Schedule 1
228. Item 198 amends subclause 4(2) of Schedule 1 to the Environment
Protection and Biodiversity Conservation Act to omit the references to
section 42 and Part 6 of the Legislative Instruments Act. Section 42 and
Part 6 deal with disallowance and sunsetting of legislative instruments
respectively. This amendment removes an outdated reference to Part 6 of the
Legislative Instruments Act. It also removes the exemptions from
disallowance and sunsetting for instruments made under subclause 4(1) of
Schedule 1 to the Environment Protection and Biodiversity Conservation
Act, as those exemptions are already covered by general exemptions in the
tables in subsections 44(2) and 54(2) of the Legislative Instruments Act.
Those exemptions will be consolidated into the Regulations. Accordingly,
the legal effect of the exemptions will be preserved.
Item 199 - At the end of subclause 4(2) of Schedule 1
229. Item 199 adds notes at the end of subclause 4(2) of Schedule 1 to the
Environment Protection and Biodiversity Conservation Act. The notes
explain that Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting)
of the Legislation Act do not apply to instruments made under
subclause 4(1) of Schedule 1 to the Environment Protection and
Biodiversity Conservation Act, which are prescribed by regulation for the
purposes of paragraphs 44(2)(b) and 54(2)(b) of the Legislation Act. These
notes direct the reader to the relevant regulations where the sunsetting and
disallowance exemptions are to be consolidated.
Excise Act 1901
57
Item 200 - Subsection 65(3)
230. Item 200 amends subsection 65(3) of the Excise Act 1901 to reflect
changes to subsection 12(1) of the Legislative Instruments Act by the Acts
and Instruments (Framework Reform) Act by changing 'take effect' to
'commence'.
Item 201 - Subsection 65(3) (note)
231. Item 201 repeals the note to subsection 65(3) and substitutes a new
note to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act and direct the reader to section 12 of the
Legislation Act for commencement of legislative instruments.
Item 202 - Section 164A
232. Item 202 repeals section 164A of the Excise Act which provides that,
despite subsection 12(2) of the Legislative Instruments Act, instruments
made in relation to condensate for the purposes of the Excise Act may be
expressed to take effect from a date before the instruments are registered
under the Legislative Instruments Act. This is replaced with new
subsections 164A(1) and (2) of the Excise Act. The new subsection 164A(1)
of the Excise Act provides that subsection 12(2) of the Legislation Act does
not apply to the instruments. The new subsection 164A(2) of the Excise Act
provides that subsection 12(3) of the Legislation Act does not apply to
instruments that create, modify or otherwise affect a provision that makes a
person liable to an offence or civil penalty.
233. The new section 164A of the Excise Act updates the reference to the
Legislative Instruments Act to refer to the Legislation Act and updates the
drafting of the section to reflect amendments to section 12 of the Legislative
Instruments Act made by the Acts and Instruments (Framework Reform)
Act. The previous subsection 12(2) of the Legislative Instruments Act
provided that instruments do not have effect where they would take effect
before registration and could adversely impact upon a person. Under
subsection 12(3) of the Legislative Instruments Act, this rule was subject to
a contrary intention in the enabling Act. Instead of providing that the entire
instrument has no effect, the amended subsection 12(2) of the Legislation
Act provides that instruments do not apply in relation to a particular person
retrospectively where they would have an adverse effect on that person.
New subsection 12(3) of the Legislation Act expressly provides that, subject
to this limitation in relation to particular persons, instruments may
commence retrospectively. Accordingly, in order to produce the same
58
outcome as was produced by overriding the previous subsection 12(2) of the
Legislative Instruments Act, the operation of amended subsection 12(2) of
the Legislation Act is turned off for instruments whose retrospective
commencement is to apply to persons even if those persons are adversely
impacted by that retrospective commencement.
234. Further, by expressly providing that subsection 12(3) of the
Legislation Act does not apply to instruments that create, modify or
otherwise affect a provision that makes a person liable to an offence or civil
penalty, the new subsection 164A(2) of the Excise Act displaces
subsection 12(3) of the Legislation Act for those instruments.
Excise Tariff Act 1921
Item 203 - Subsection 6CA(1A) (note)
235. Item 203 repeals the note to subsection 6CA(1A) of the Excise Tariff
Act 1921 which provides that a by-law may be expressed to take effect
before the date it is registered under the Legislative Instruments Act.
Subsection 6CA(13) provides that, despite subsection 12(2) of the
Legislative Instruments Act, a by-law prescribing a condensate production
area may be expressed to take effect before the date it is registered under the
Legislative Instruments Act. Subsection 12(2) of the Legislative Instruments
Act provided that instruments do not have effect where they would take
effect before registration and could adversely impact upon a person. Under
subsection 12(3) of the Legislative Instruments Act, this rule was subject to
a contrary intention in the enabling Act.
236. The repealed note is replaced with a new note which reflects changes
made to section 12 of the Legislative Instruments Act, and updates the
reference to the Legislative Instruments Act with a reference to the
Legislation Act. The phrase 'take effect' is also amended to 'commence'.
The new note refers to subsection 12(3) of the Legislation Act, which
provides that, subject to the limitation provided in subsection 12(2),
instruments may commence retrospectively. Subsection 12(2) of the
Legislation Act provides that instruments do not apply in relation to a
particular person retrospectively where they would have an adverse effect
on that person.
Item 204 - Subsection 6CA(1D)
237. Item 204 repeals subsection 6CA(1D) of the Excise Tariff Act which
provides that, despite subsection 12(2) of the Legislative Instruments Act,
59
regulations made under paragraph 6CA(1B)(b) of the Excise Tariff Act may
be expressed to take effect from a date before they are registered. This is
replaced with a new subsection 6CA(1D) of the Excise Tariff Act, which
provides that subsection 12(2) of the Legislation Act does not apply to the
regulations.
238. The new subsection 6CA(1D) of the Excise Tariff Act updates
references to the Legislative Instruments Act with references to the
Legislation Act, and updates the drafting of the subsection to reflect
amendments to section 12 of the Legislative Instruments Act made by the
Acts and Instruments (Framework Reform) Act. The previous
subsection 12(2) of the Legislative Instruments Act provided that
instruments do not have effect where they would take effect before
registration and could adversely impact upon a person. Under
subsection 12(3) of the Legislative Instruments Act, this rule was subject to
a contrary intention in the enabling Act. Instead of providing that the entire
instrument has no effect, the amended subsection 12(2) of the Legislation
Act provides that instruments do not apply in relation to a particular person
retrospectively where they would have an adverse effect on that person.
New subsection 12(3) of the Legislation Act expressly provides that, subject
to this limitation in relation to particular persons, instruments may
commence retrospectively. Accordingly, in order to produce the same
outcome as was produced by overriding the previous subsection 12(2) of the
Legislative Instruments Act, the operation of amended subsection 12(2) of
the Legislation Act is turned off for instruments whose retrospective
commencement is to apply to persons even if those persons are adversely
impacted by that retrospective commencement.
Item 205 - Subsection 6CA(13)
239. Item 205 repeals subsection 6CA(13) of the Excise Tariff Act which
provides that, despite subsection 12(2) of the Legislative Instruments Act,
by-laws made under paragraph 6CA(1B)(b) may be expressed to take effect
from a date before they are registered. This is replaced with a new
subsection 6CA(13) of the Excise Tariff Act, which provides that
subsection 12(2) of the Legislation Act does not apply to the by-laws.
240. The new subsection 6CA(13) of the Excise Tariff Act updates
references to the Legislative Instruments Act with references to the
Legislation Act, and updates the drafting of the subsection to reflect
amendments to section 12 of the Legislative Instruments Act made by the
Acts and Instruments (Framework Reform) Act. The previous
60
subsection 12(2) of the Legislative Instruments Act provided that
instruments do not have effect where they would take effect before
registration and could adversely impact upon a person. Under
subsection 12(3) of the Legislative Instruments Act, this rule was subject to
a contrary intention in the enabling Act. Instead of providing that the entire
instrument has no effect, the amended subsection 12(2) of the Legislation
Act provides that instruments do not apply in relation to a particular person
retrospectively where they would have an adverse effect on that person.
New subsection 12(3) of the Legislation Act expressly provides that, subject
to this limitation in relation to particular persons, instruments may
commence retrospectively. Accordingly, in order to produce the same
outcome as was produced by overriding the previous subsection 12(2) of the
Legislative Instruments Act, the operation of amended subsection 12(2) of
the Legislation Act is turned off for instruments whose retrospective
commencement is to apply to persons even if those persons are adversely
impacted by that retrospective commencement.
Export Inspection and Meat Charges Collection Act 1985
Item 206 - Section 17 (note)
241. Item 206 amends the note to section 17 of the Export Inspection and
Meat Charges Collection Act 1985 to replace the reference to the
Legislative Instruments Act with a reference to the Legislation Act.
Export Inspection (Quantity Charge) Act 1985
Item 207 - Subsection 7(1) (note)
242. Item 207 amends the note to section 7(1) of the Export Inspection
(Quantity Charge) Act 1985 to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
Export Market Development Grants Act 1997
Item 208 - Subsection 107(1) (note at the end of the definition of
non-tourism service)
243. Item 208 amends the note at the end of the definition of non-tourism
service in subsection 107(1) of the Export Market Development Grants Act
1997 to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
61
Fair Work Act 2009
Item 209 - Subsection 14(5)
244. Item 209 amends subsection 14(5) of the Fair Work Act 2009 to omit
the reference to Part 6 of the Legislative Instruments Act. Part 6 deals with
sunsetting of legislative instruments. This amendment removes an outdated
reference to the Legislative Instruments Act. It also removes the exemption
from sunsetting for instruments made under subsection 14(4) of the Fair
Work Act, as that exemption will be transferred to a consolidated list of
sunsetting exemptions in the Regulations. Accordingly, the legal effect of
the sunsetting exemption will be preserved.
Item 210 - At the end of subsection 14(5)
245. Item 210 adds a note at the end of subsection 14(5) of the Fair Work
Act. The note explains that Part 4 of Chapter 3 (sunsetting) of the
Legislation Act does not apply to instruments made under subsection 14(4)
of the Fair Work Act, which are prescribed by regulation for the purposes of
paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the
relevant regulations where the sunsetting exemptions are to be consolidated.
Item 211 - Subsection 31(1) (note 2)
246. Item 211 amends note 2 to subsection 31(1) of the Fair Work Act to
replace the reference to the Legislative Instruments Act with a reference to
the Legislation Act.
Item 212 - Subsection 684(1) (note)
247. Item 212 repeals the note to subsection 684(1) of the Fair Work Act
and substitutes a new note to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act, and direct the
reader to the relevant regulations where disallowance and sunsetting
exemptions are to be consolidated.
Item 213 - Subsection 789DE(6)
248. Item 213 amends subsection 789DE(6) of the Fair Work Act to
replace the reference to the Legislative Instruments Act with a reference to
the Legislation Act.
Item 214 - Subclause 7(5) of Schedule 1
62
249. Item 214 repeals subclause 7(5) of Schedule 1 to the Fair Work Act
which provides that, despite subsection 12(2) of the Legislative Instruments
Act, regulations made under subclauses 7(1) or 7(3) of Schedule 1 to the
Fair Work Act may be expressed to take effect from a date before they are
registered. This is replaced with a new subclause 7(5) of Schedule 1 to the
Fair Work Act, which provides that subsection 12(2) of the Legislation Act
does not apply to the regulations.
250. The new subclause 7(5) of Schedule 1 to the Fair Work Act updates
references to the Legislative Instruments Act with references to the
Legislation Act, and updates the drafting of the subsection to reflect
amendments to section 12 of the Legislative Instruments Act made by the
Acts and Instruments (Framework Reform) Act. The previous
subsection 12(2) of the Legislative Instruments Act provided that
instruments do not have effect where they would take effect before
registration and could adversely impact upon a person. Under
subsection 12(3) of the Legislative Instruments Act, this rule was subject to
a contrary intention in the enabling Act. Instead of providing that the entire
instrument has no effect, the amended subsection 12(2) of the Legislation
Act provides that instruments do not apply in relation to a particular person
retrospectively where they would have an adverse effect on that person.
New subsection 12(3) of the Legislation Act expressly provides that, subject
to this limitation in relation to particular persons, instruments may
commence retrospectively. Accordingly, in order to produce the same
outcome as was produced by overriding the previous subsection 12(2) of the
Legislative Instruments Act, the operation of amended subsection 12(2) of
the Legislation Act is turned off for instruments whose retrospective
commencement is to apply to persons even if those persons are adversely
impacted by that retrospective commencement.
Item 215 - Subclause 32(4) of Schedule 3
251. Item 215 repeals subclause 32(4) of Schedule 3 to the Fair Work Act
which provides that, despite subsection 12(2) of the Legislative Instruments
Act, regulations relating to the amendments and repeals made by Schedule 9
to the amending Act (the Fair Work Amendment Act 2012), and regulations
made under subclause 32(2) of Schedule 3 to the Fair Work Act may be
expressed to take effect from a date before they are registered. This is
replaced with a new subclause 32(4) of Schedule 3 to the Fair Work Act,
which provides that subsection 12(2) of the Legislation Act does not apply
to the regulations.
63
252. The new subclause 32(4) of Schedule 3 to the Fair Work Act updates
references to the Legislative Instruments Act with references to the
Legislation Act, and updates the drafting of the subsection to reflect
amendments to section 12 of the Legislative Instruments Act made by the
Acts and Instruments (Framework Reform) Act. The previous
subsection 12(2) of the Legislative Instruments Act provided that
instruments do not have effect where they would take effect before
registration and could adversely impact upon a person. Under
subsection 12(3) of the Legislative Instruments Act, this rule was subject to
a contrary intention in the enabling Act. Instead of providing that the entire
instrument has no effect, the amended subsection 12(2) of the Legislation
Act provides that instruments do not apply in relation to a particular person
retrospectively where they would have an adverse effect on that person.
New subsection 12(3) of the Legislation Act expressly provides that, subject
to this limitation in relation to particular persons, instruments may
commence retrospectively. Accordingly, in order to produce the same
outcome as was produced by overriding the previous subsection 12(2) of the
Legislative Instruments Act, the operation of amended subsection 12(2) of
the Legislation Act is turned off for instruments whose retrospective
commencement is to apply to persons even if those persons are adversely
impacted by that retrospective commencement.
Fair Work (Building Industry) Act 2012
Item 216 - Subsection 11(4)
253. Item 216 amends subsection 11(4) of the Fair Work (Building
Industry) Act 2012 to replace the reference to the Legislative Instruments
Act with a reference to the Legislation Act and direct the reader to the
relevant regulations where disallowance exemptions are to be consolidated.
Item 217 - Subsections 27(5), 29(4) and 31(4)
254. Item 217 amends subsections 27(5), 29(4) and 31(4) of the Fair Work
(Building Industry) Act to omit the phrase 'for the purposes of the
Legislative Instruments Act 2003'. This phrase is no longer necessary when
referring to legislative instruments, as the definition of legislative
instrument is centrally provided by section 8 of the Legislation Act. That
definition is generally applied by section 2B of the Acts Interpretation Act
(as amended by the Acts and Instruments (Framework Reform) Act).
Item 218 - Subsection 31(5)
64
255. Item 218 amends subsection 31(5) of the Fair Work (Building
Industry) Act to replace the reference to the Legislative Instruments Act
with a reference to the Legislation Act and direct the reader to the relevant
regulations where disallowance exemptions are to be consolidated.
Item 219 - Subsections 60(5) and (6)
256. Item 219 amends subsections 60(5) and 60(6) of the Fair Work
(Building Industry) Act to omit the phrase 'for the purposes of the
Legislative Instruments Act 2003'. This phrase is no longer necessary when
referring to legislative instruments, as the definition of legislative
instrument is centrally provided by section 8 of the Legislation Act. That
definition is generally applied by section 2B of the Acts Interpretation Act
(as amended by the Acts and Instruments (Framework Reform) Act).
Item 220 - Subsection 78(3)
257. Item 220 repeals subsection 78(3) of the Fair Work (Building
Industry) Act as this subsection is effectively spent. Subsection 78(3)
permits certain regulations to be expressed to take effect retrospectively
provided they are made within 120 days after the commencement of that
subsection. As subsection 78(3) commenced on 12 September 2005, and no
relevant regulations were made within the 120 day period, this subsection
no longer has any effect.
Fair Work (Registered Organisations) Act 2009
Item 221 - Subsection 158A(3)
258. Item 221 amends subsection 158A(3) of the Fair Work (Registered
Organisations) Act 2009 to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
Fair Work (Transitional Provisions and Consequential Amendments)
Act 2009
Item 222 - Subitem 10(2) of Schedule 2
259. Item 222 repeals subitem 10(2) of Schedule 2 to the Fair Work
(Transitional Provisions and Consequential Amendments) Act 2009, which
provides that, despite subsection 12(2) of the Legislative Instruments Act,
regulations made under the Fair Work (Transitional Provisions and
Consequential Amendments) Act may be expressed to take effect from a
65
date before they are registered. This is replaced with a new subitem 10(2) of
Schedule 2 to the Fair Work (Transitional Provisions and Consequential
Amendments) Act, which provides that subsection 12(2) of the Legislation
Act does not apply to the regulations.
260. The new subitem 10(2) of Schedule 2 to the Fair Work (Transitional
Provisions and Consequential Amendments) Act updates references to the
Legislative Instruments Act with references to the Legislation Act, and
updates the drafting of the subsection to reflect amendments to section 12 of
the Legislative Instruments Act made by the Acts and Instruments
(Framework Reform) Act. The previous subsection 12(2) of the Legislative
Instruments Act provided that instruments do not have effect where they
would take effect before registration and could adversely impact upon a
person. Under subsection 12(3) of the Legislative Instruments Act, this rule
was subject to a contrary intention in the enabling Act. Instead of providing
that the entire instrument has no effect, the amended subsection 12(2) of the
Legislation Act provides that instruments do not apply in relation to a
particular person retrospectively where they would have an adverse effect
on that person. New subsection 12(3) of the Legislation Act expressly
provides that, subject to this limitation in relation to particular persons,
instruments may commence retrospectively. Accordingly, in order to
produce the same outcome as was produced by overriding the previous
subsection 12(2) of the Legislative Instruments Act, the operation of
amended subsection 12(2) of the Legislation Act is turned off for
instruments whose retrospective commencement is to apply to persons even
if those persons are adversely impacted by that retrospective
commencement.
Item 223 - Paragraph 10(3)(a) of Schedule 2
261. Item 223 repeals paragraph 10(3)(a) of Schedule 2 to the Fair Work
(Transitional Provisions and Consequential Amendments) Act and
substitutes a new paragraph to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
Family Law Act 1975
Item 224 - Subsection 33C(7)
262. Item 224 amends subsection 33C(7) of the Family Law Act 1975 to
reflect changes to subsection 12(1) of the Legislative Instruments Act by the
Acts and Instruments (Framework Reform) Act by changing 'take effect' to
66
'commence'. It also replaces the reference to the Legislative Instruments
Act with a reference to the Legislation Act.
Federal Circuit Court of Australia Act 1999
Item 225 - Subsection 10AA(2) (note)
263. Item 225 amends the note to subsection 10AA(2) of the Federal
Circuit Court of Australia Act 1999 to replace the reference to the
Legislative Instruments Act with a reference to the Legislation Act.
Item 226 - Subsection 41(9)
264. Item 226 amends subsection 41(9) of the Federal Circuit Court of
Australia Act to reflect changes to subsection 12(1) of the Legislative
Instruments Act by the Acts and Instruments (Framework Reform) Act by
changing 'take effect' to 'commence'. It also replaces the reference to the
Legislative Instruments Act with a reference to the Legislation Act.
Federal Financial Relations Act 2009
Item 227 - Subsections 8(3), 9(5), 12(3), 13(3), 14(3), 15A(2) and 16(5)
265. Item 227 amends subsections 8(3), 9(5), 12(3), 13(3), 14(3), 15A(2)
and 16(5) of the Federal Financial Relations Act 2009 to replace the
references to the Legislative Instruments Act with references to the
Legislation Act.
First Home Saver Accounts Act 2008
Item 228 - Subsections 17A(3) and (4) (note)
266. Item 228 amends the notes to subsections 17A(3) and (4) of the First
Home Saver Accounts Act 2008 to replace references to the Legislative
Instruments Act with references to the Legislation Act.
Fisheries Levy Act 1984
Item 229 - Subsection 8(2)
267. Item 229 amends subsection 8(2) of the Fisheries Levy Act 1984 to
replace the reference to the Legislative Instruments Act with a reference to
the Legislation Act.
67
Fisheries Management Act 1991
Item 230 - Subsection 168(3)
268. Item 230 amends subsection 168(3) of the Fisheries Management Act
1991 to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
Future Fund Act 2006
Item 231 - Section 6 (note)
269. Item 231 amends the note to section 6 of the Future Funds Act 2006
to replace the reference to the Legislative Instruments Act with a reference
to the Legislation Act.
Item 232 - Subsection 18(9)
270. Item 232 repeals subsection 18(9) of the Future Funds Act and its
note, and substitutes a new subsection and note. The new subsection 18(9)
of the Future Funds Act omits the phrase 'for the purposes of the Legislative
Instruments Act 2003'. This phrase is no longer necessary when referring to
legislative instruments, as the definition of legislative instrument is
centrally provided by section 8 of the Legislation Act. That definition is
generally applied by section 2B of the Acts Interpretation Act (as amended
by the Acts and Instruments (Framework Reform) Act).
271. The new note at subsection 18(9) of the Future Funds Act updates the
drafting of the subsection to reflect changes to section 44 of the Legislative
Instruments Act by the Acts and Instruments (Framework Reform Act), and
to update the reference to the Legislative Instruments Act with a reference to
the Legislation Act. The current section 44 of the Legislative Instruments
Act provides for exemptions from disallowance, with general exemptions
provided under subsection 44(1) and specific exemptions listed in a table in
subsection 44(2). The table of exemptions is omitted from the amended
subsection 44(2), and the exemptions are to be consolidated into the
Regulations. Accordingly, the reference to section 44 of the Legislative
Instruments Act is updated to refer to 'regulations made for the purposes of
paragraph 44(2)(b) of the Legislation Act 2003'.
Item 233 - Subsection 19(2) (note)
68
272. Item 233 amends the note to subsection 19(2) of the Future Funds
Act to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
Item 234 - Subsections 20(6), 24(9), 54(5) and (6), 72(3) and (7)
and 83(3)
273. Item 234 amends subsections 20(6), 24(9), 54(5) and (6), 72(3)
and (7), and 83(3) of the Future Funds Act to omit the phrase 'for the
purposes of the Legislative Instruments Act 2003'. This phrase is no longer
necessary when referring to legislative instruments, as the definition of
legislative instrument is centrally provided by section 8 of the Legislation
Act. That definition is generally applied by section 2B of the Acts
Interpretation Act (as amended by the Acts and Instruments (Framework
Reform) Act).
Item 235 - Subclauses 2(4) and 3(5) of Schedule 1
274. Item 235 amends subclauses 2(4) and 3(5) of Schedule 1 to the
Future Funds Act to replace the references to the Legislative Instruments
Act with references to the Legislation Act. It also omits the phrase 'for the
purposes of the Legislative Instruments Act 2003'. This phrase is no longer
necessary when referring to legislative instruments, as the definition of
legislative instrument is centrally provided by section 8 of the Legislation
Act. That definition is generally applied by section 2B of the Acts
Interpretation Act (as amended by the Acts and Instruments (Framework
Reform) Act).
Item 236 - Subclauses 6(7), 8(11) and 9(3) of Schedule 1
275. Item 236 amends subclauses 6(7), 8(11) and 9(3) of Schedule 1 to the
Future Funds Act to omit the phrase 'for the purposes of the Legislative
Instruments Act 2003'. This phrase is no longer necessary when referring to
legislative instruments, as the definition of legislative instrument is
centrally provided by section 8 of the Legislation Act. That definition is
generally applied by section 2B of the Acts Interpretation Act (as amended
by the Acts and Instruments (Framework Reform) Act).
Item 237 - Subclauses 2(2) and 3(9) of Schedule 3
276. Item 237 amends subclauses 2(2) and 3(9) of Schedule 3 to the
Future Funds Act to omit the phrase 'for the purposes of the Legislative
Instruments Act 2003'. This phrase is no longer necessary when referring to
69
legislative instruments, as the definition of legislative instrument is
centrally provided by section 8 of the Legislation Act. That definition is
generally applied by section 2B of the Acts Interpretation Act (as amended
by the Acts and Instruments (Framework Reform) Act).
Governor-General Act 1974
Item 238 - Subsection 4AA(11)
277. Item 238 amends subsection 4AA(11) of the Governor-General Act
1974 to omit the phrase 'for the purposes of the Legislative Instruments Act
2003'. This phrase is no longer necessary when referring to legislative
instruments, as the definition of legislative instrument is centrally provided
by section 8 of the Legislation Act. That definition is generally applied by
section 2B of the Acts Interpretation Act (as amended by the Acts and
Instruments (Framework Reform) Act).
Items 239-240 - Subsections 4AA(12) and 4AH(2)
278. Items 239 and 240 amend subsections 4AA(12) and 4AH(2) of the
Governor-General Act to reflect changes to section 44 of the Legislative
Instruments Act by the Acts and Instruments (Framework Reform) Act, and
to update the references to the Legislative Instruments Act with references
to the Legislation Act. The current section 44 of the Legislative Instruments
Act provides for exemptions from disallowance, with general exemptions
provided under subsection 44(1) and specific exemptions listed in a table in
subsection 44(2). The table of exemptions is omitted from the amended
subsection 44(2), and the exemptions are to be consolidated into the
Regulations. Accordingly, the reference to section 44 of the Legislative
Instruments Act is updated to refer to 'regulations made for the purposes of
paragraph 44(2)(b) of the Legislation Act 2003.'
Great Barrier Reef Marine Park Act 1975
Item 241 - Subsections 34(9) and 35C(7)
279. Item 241 amends subsections 34(9) and 35C(7) of the Great Barrier
Reef Marine Park Act 1975 to replace the references to the Legislative
Instruments Act with references to the Legislation Act.
Item 242 - Section 35D
70
280. Item 242 amends section 35D of the Great Barrier Reef Marine Park
Act to omit the references to section 42 and Part 6 of the Legislative
Instruments Act, and replace them with a reference to section 42 of the
Legislation Act. Section 42 and Part 6 deal with disallowance and sunsetting
of legislative instruments respectively. This amendment removes an
outdated reference to Part 6 of the Legislative Instruments Act. It also
removes the exemption from sunsetting for instruments made under
section 35 of the Great Barrier Reef Marine Park Act, as that exemption will
be transferred to a consolidated list of sunsetting exemptions in the
Regulations. Accordingly, the legal effect of the sunsetting exemption will
be preserved.
Item 243 - At the end of section 35D
281. Item 243 adds a note at the end of section 35D of the Great Barrier
Reef Marine Park Act. The note explains that Part 4 of
Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments
made under section 35D of the Great Barrier Reef Marine Park Act, which
are prescribed by regulation for the purposes of paragraph 54(2)(b) of the
Legislation Act. This note directs the reader to the relevant regulations
where the sunsetting exemptions are to be consolidated.
Item 244 - Subsection 35E(1) (note)
282. Item 244 amends the note to subsection 35E(1) of the Great Barrier
Reef Marine Park Act to replace the reference to the Legislative Instruments
Act with a reference to the Legislation Act.
Item 245 - Paragraph 35F(1)(a)
283. Item 245 amends paragraph 35F(1)(a) of the Great Barrier Reef
Marine Park Act to replace the reference to the Legislative Instruments Act
with a reference to the Legislation Act.
Item 246 - Subsection 37(2A)
284. Item 246 amends subsection 37(2A) of the Great Barrier Reef Marine
Park Act to omit the reference to Part 6 of the Legislative Instruments Act.
Part 6 deals with sunsetting of legislative instruments. This amendment
removes an outdated reference to the Legislative Instruments Act. It also
removes the exemption from sunsetting for instruments made under
subsection 37(2A) of the Great Barrier Reef Marine Park Act, as that
exemption will be transferred to a consolidated list of sunsetting exemptions
71
in the Regulations. Accordingly, the legal effect of the sunsetting exemption
will be preserved.
Item 247 - At the end of subsection 37(2A)
285. Item 247 adds a note at the end of subsection 37(2A) of the Great
Barrier Reef Marine Park Act. The note explains that Part 4 of
Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments
made under subsection 37(2A) of the Great Barrier Reef Marine Park Act,
which are prescribed by regulation for the purposes of paragraph 54(2)(b) of
the Legislation Act. This note directs the reader to the relevant regulations
where the sunsetting exemptions are to be consolidated.
Item 248 - Subsection 37(4A)
286. Item 248 amends subsection 37(4A) of the Great Barrier Reef Marine
Park Act to omit the reference to Part 6 of the Legislative Instruments Act.
Part 6 deals with sunsetting of legislative instruments. This amendment
removes an outdated reference to the Legislative Instruments Act. It also
removes the exemption from sunsetting for instruments made under
subsection 37(4A) of the Great Barrier Reef Marine Park Act, as that
exemption will be transferred to a consolidated list of sunsetting exemptions
in the Regulations. Accordingly, the legal effect of the sunsetting exemption
will be preserved.
Item 249 - At the end of subsection 37(4A)
287. Item 249 adds a note at the end of subsection 37(4A) of the Great
Barrier Reef Marine Park Act. The note explains that Part 4 of
Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments
made under subsection 37(4A) of the Great Barrier Reef Marine Park Act,
which are prescribed by regulation for the purposes of paragraph 54(2)(b) of
the Legislation Act. This note directs the reader to the relevant regulations
where the sunsetting exemptions are to be consolidated.
Item 250 - Subsection 37A(3)
288. Item 250 amends subsection 37A(3) of the Great Barrier Reef Marine
Park Act to omit the reference to Part 6 of the Legislative Instruments Act.
Part 6 deals with sunsetting of legislative instruments. This amendment
removes an outdated reference to the Legislative Instruments Act. It also
removes the exemption from sunsetting for instruments made under
subsection 37A(3) of the Great Barrier Reef Marine Park Act, as that
72
exemption will be transferred to a consolidated list of sunsetting exemptions
in the Regulations. Accordingly, the legal effect of the sunsetting exemption
will be preserved.
Item 251 - At the end of subsection 37A(3)
289. Item 251 adds a note at the end of subsection 37A(3) of the Great
Barrier Reef Marine Park Act. The note explains that Part 4 of
Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments
made under subsection 37A(3) of the Great Barrier Reef Marine Park Act,
which are prescribed by regulation for the purposes of paragraph 54(2)(b) of
the Legislation Act. This note directs the reader to the relevant Regulations
where the sunsetting exemptions are to be consolidated.
Item 252 - Subsection 66(13)
290. Item 252 amends subsection 66(13) of the Great Barrier Reef Marine
Park Act to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
Healthcare Identifiers Act 2010
Item 253 - Subsection 32(1) (notes 1 and 2)
291. Item 253 repeals the notes to subsection 32(1) of the Healthcare
Identifiers Act 2010 and substitute new notes to replace the references to the
Legislative Instruments Act with references to the Legislation Act, and
direct the reader to the relevant regulations where sunsetting and
disallowance exemptions are to be consolidated.
Item 254 - Subsection 37(7)
292. Item 254 amends subsection 37(7) of the Healthcare Identifiers Act to
omit the reference to Part 6 of the Legislative Instruments Act. Part 6 deals
with sunsetting of legislative instruments. This amendment removes an
outdated reference to the Legislative Instruments Act. It also removes the
exemption from sunsetting for instruments made under subsections 37(5)
and 37(6) of the Health Identifiers Act, as that exemption already falls
within subsection 54(1) of the Legislative Instruments Act. Accordingly, the
legal effect of the sunsetting exemption will be preserved.
Item 255 - At the end of subsection 37(7)
73
293. Item 255 adds a note at the end of subsection 37(7) of the Healthcare
Identifiers Act to explain that Part 4 of Chapter 3 (sunsetting) of the
Legislation Act does not apply to instruments made under subsections 37(5)
and 37(6) of the Health Identifiers Act, which are prescribed by regulation
for the purposes of paragraph 54(2)(b) of the Legislation Act. This note
directs the reader to the relevant regulations where the sunsetting
exemptions are to be consolidated.
Health Insurance Act 1973
Item 256 - Subsection 10B(1) (note)
294. Item 256 amends the note to subsection 10B(1) of the Health
Insurance Act 1973 to replace the reference to the Legislative Instruments
Act with a reference to the Legislation Act.
Hearing Services Administration Act 1997
Item 257 - Subsection 5(3) (note)
295. Item 257 amends the note to subsection 5(3) of the Health Services
Administration Act 1997 to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
Higher Education Funding Act 1988
Item 258 - Section 110
296. Item 258 amends section 110 of the Higher Education Funding Act
1988 to omit the phrase 'for the purposes of the Legislative Instruments Act
2003'. This phrase is no longer necessary when referring to legislative
instruments, as the definition of legislative instrument is centrally provided
by section 8 of the Legislation Act. That definition is generally applied by
section 2B of the Acts Interpretation Act (as amended by the Acts and
Instruments (Framework Reform) Act).
Higher Education Support Act 2003
Item 259 - Subsection 16-5(3)
297. Item 259 amends subsection 16-5(3) of the Higher Education Support
Act 2003 to update the reference to Part 5 (Parliamentary scrutiny of
legislative instruments) of the Legislative Instruments Act to Part 2 of
74
Chapter 3 (Parliamentary scrutiny of legislative instruments) of the
Legislation Act.
Items 260-261 - Subsections 16-55(2) and 16-70(4)
298. Items 260 and 261 repeal subsections 16-55(2) and 16-70(4) of the
Higher Education Support Act and substitute new subsections to reflect
changes to subsection 12(1) of the Legislative Instruments Act by the Acts
and Instruments (Framework Reform) Act, by changing references to 'takes
effect' to references to 'commences'. These items also replace references to
the Legislative Instruments Act with references to the Legislation Act.
Item 262 - Paragraph 22-1(1)(c)
299. Item 262 amends paragraph 22-1(1)(c) of the Higher Education
Support Act to update the reference to Part 5 (Parliamentary scrutiny of
legislative instruments) of the Legislative Instruments Act to Part 2 of
Chapter 3 (Parliamentary scrutiny of legislative instruments) of the
Legislation Act.
Item 263 - Subsection 22-2(2)
300. Item 263 amends subsection 22-2(2) of the Higher Education Support
Act to replace the reference to the Federal Register of Legislative
Instruments under the Legislative Instruments Act, with a reference to the
Federal Register of Legislation under the Legislation Act. The amendment
is consequential on Part 4 (Federal Register of Legislative Instruments) of
the Legislative Instruments Act being repealed by the Acts and Instruments
(Framework Reform) Act, and section 15A of the Legislation Act providing
for the Federal Register of Legislation.
Item 264 - Subsection 22-2(3)
301. Item 264 amends subsection 22-2(3) of the Higher Education Support
Act to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
Item 265 - Subsections 22-2(4) and 22-3(2)
302. Item 265 amends subsections 22-2(4) and 22-3(2) of the Higher
Education Support Act to replace the references to the Federal Register of
Legislative Instruments under the Legislative Instruments Act, with
references to the Federal Register of Legislation under the Legislation Act.
75
These amendments are consequential on Part 4 (Federal Register of
Legislative Instruments) of the Legislative Instruments Act being repealed
by the Acts and Instruments (Framework Reform) Act, and section 15A of
the Legislation Act providing for the Federal Register of Legislation.
Item 266 - Subsection 22-3(3)
303. Item 266 amends subsection 22-3(3) of the Higher Education Support
Act to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
Items 267-269 - Subsection 22-3(4), paragraph 22-20(3)(c) and
subsection 22-20(5)
304. Items 267 to 269 amend subsections 22-3(4) and 22-20(5), and
paragraph 22-20(3)(c) of the Higher Education Support Act to replace
references to the Federal Register of Legislative Instruments under the
Legislative Instruments Act, with references to the Federal Register of
Legislation under the Legislation Act. These amendments are consequential
on Part 4 (Federal Register of Legislative Instruments) of the Legislative
Instruments Act being repealed by the Acts and Instruments (Framework
Reform) Act, and section 15A of the Legislation Act providing for the
Federal Register of Legislation.
Item 270 - Subsection 22-20(6)
305. Item 270 amends subsection 22-20(6) of the Higher Education
Support Act to update the reference to Part 5 (Parliamentary scrutiny of
legislative instruments) of the Legislative Instruments Act to Part 2 of
Chapter 3 (Parliamentary scrutiny of legislative instruments) of the
Legislation Act.
Items 271-272 - Subdivision 22-E and section 22-45 (heading)
306. Items 271 and 272 repeal the headings to subdivision 22-E and
section 22-45 of the Higher Education Support Act, and substitute new
headings to replace the references to the Legislative Instruments Act with
references to the Legislation Act.
Item 273 - Paragraph 22-45(1)(b)
307. Item 273 amends paragraph 22-45(1)(b) of the Higher Education
Support Act to update the reference to Part 5 (Parliamentary scrutiny of
76
legislative instruments) of the Legislative Instruments Act to Part 2 of
Chapter 3 (Parliamentary scrutiny of legislative instruments) of the
Legislation Act.
Item 274 - Section 22-50 (heading)
308. Item 274 repeals the heading to section 22-50 of the Higher
Education Support Act and substitutes a new heading to replace the
reference to the Legislative Instruments Act with a reference to the
Legislation Act.
Item 275 - Paragraph 22-50(1)(b)
309. Item 275 amends paragraph 22-50(1)(b) of the Higher Education
Support Act to update the reference to Part 5 (Parliamentary scrutiny of
legislative instruments) of the Legislative Instruments Act to Part 2 of
Chapter 3 (Parliamentary scrutiny of legislative instruments) of the
Legislation Act.
Item 276 - Subsection 137-18(2) (note)
310. Item 276 amends the note to subsection 137-18(2) of the Higher
Education Support Act to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
Item 277 - Subsections 187-1(7), 193-5(5) and 193-10(5)
311. Item 277 amends subsections 187-1(7), 193-5(5) and 193-10(5) of the
Higher Education Support Act to omit the phrase 'for the purposes of the
Legislative Instruments Act 2003'. This phrase is no longer necessary when
referring to legislative instruments, as the definition of legislative
instrument is centrally provided by section 8 of the Legislation Act. That
definition is generally applied by section 2B of the Acts Interpretation Act
(as amended by the Acts and Instruments (Framework Reform) Act).
Item 278 - Subclause 5(2) of Schedule 1A
312. Item 278 amends subclause 5(2) of Schedule 1A to the Higher
Education Support Act to update the reference to Part 5 (Parliamentary
scrutiny of legislative instruments) of the Legislative Instruments Act to
Part 2 of Chapter 3 (Parliamentary scrutiny of legislative instruments) of the
Legislation Act.
77
Item 279-280 - Subclauses 12(2) and 12C(4) of Schedule 1A
313. Items 279 and 280 repeal subclauses 12(2) and 12C(4) of
Schedule 1A to the Higher Education Support Act and substitute new
subclauses to reflect changes to subsection 12(1) of the Legislative
Instruments Act by the Acts and Instruments (Framework Reform) Act, by
changing references to 'take effect' with references to 'commence'. These
items also replace the references to the Legislative Instruments Act with
references to the Legislation Act.
Item 281 - Subsection 17(4) of Schedule 1A
314. Item 281 amends subsection 17(4) of Schedule 1A to the Higher
Education Support Act to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
Item 282 - Paragraph 29(c) of Schedule 1A
315. Item 282 amends paragraph 29(c) of Schedule 1A to the Higher
Education Support Act to update the reference to Part 5 (Parliamentary
scrutiny of legislative instruments) of the Legislative Instruments Act to
Part 2 of Chapter 3 (Parliamentary scrutiny of legislative instruments) of the
Legislation Act.
Item 283 - Subclause 29B(2) of Schedule 1A
316. Item 283 amends subclause 29B(2) of Schedule 1A to the Higher
Education Support Act to replace the reference to the Federal Register of
Legislative Instruments under the Legislative Instruments Act, with a
reference to the Federal Register of Legislation under the Legislation Act.
The amendment is consequential on Part 4 (Federal Register of Legislative
Instruments) of the Legislative Instruments Act being repealed by the Acts
and Instruments (Framework Reform) Act, and section 15A of the
Legislation Act providing for the Federal Register of Legislation.
Item 284 - Subclause 29B(3) of Schedule 1A
317. Item 284 amends subclause 29B(3) of Schedule 1A to the Higher
Education Support Act to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
Item 285 - Subclauses 29B(4) and 29C(2) of Schedule 1A
78
318. Item 285 amends subclauses 29B(4) and 29C(2) of Schedule 1A to
the Higher Education Support Act to replace the references to the Federal
Register of Legislative Instruments under the Legislative Instruments Act,
with references to the Federal Register of Legislation under the Legislation
Act. These amendments are consequential on Part 4 (Federal Register of
Legislative Instruments) of the Legislative Instruments Act being repealed
by the Acts and Instruments (Framework Reform) Act, and section 15A of
that Act providing for the Federal Register of Legislation.
Item 286 - Subclause 29C(3) of Schedule 1A
319. Item 286 amends subclause 29C(3) of Schedule 1A to the Higher
Education Support Act to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
Items 287-289 - Subclause 29C(4), paragraph 34(3)(c) and
subclause 34(5) of Schedule 1A
320. Items 287 to 289 amend subclause 29C(4), paragraph 34(3)(c) and
subclause 34(5) of Schedule 1A to the Higher Education Support Act to
replace the references to the Federal Register of Legislative Instruments
under the Legislative Instruments Act, with references to the Federal
Register of Legislation under the Legislation Act. These amendments are
consequential on Part 4 (Federal Register of Legislative Instruments) of the
Legislative Instruments Act being repealed by the Acts and Instruments
(Framework Reform) Act, and section 15A of the Legislation Act providing
for the Federal Register of Legislation.
Item 290 - Subclause 34(6) of Schedule 1A
321. Item 290 amends subclause 34(6) of Schedule 1A to the Higher
Education Support Act to update the reference to Part 5 (Parliamentary
scrutiny of legislative instruments) of the Legislative Instruments Act to
Part 2 of Chapter 3 (Parliamentary scrutiny of legislative instruments) of the
Legislation Act.
Items 291-292 - Subdivision 5-E and clause 39A of
Schedule 1A (heading)
322. Items 291 and 292 repeal the headings to subdivision 5-E and
clause 39A of Schedule 1A to the Higher Education Support Act, and
substitute new headings to replace the references to the Legislative
Instruments Act with references to the Legislation Act.
79
Item 293 - Paragraph 39A(1)(b) of Schedule 1A
323. Item 293 amends paragraph 39A(1)(b) of Schedule 1A to the Higher
Education Support Act to update the reference to Part 5 (Parliamentary
scrutiny of legislative instruments) of the Legislative Instruments Act to
Part 2 of Chapter 3 (Parliamentary scrutiny of legislative instruments) of the
Legislation Act.
Item 294 - Clause 39B of Schedule 1A (heading)
324. Item 294 repeals the heading to clause 39B of Schedule 1A to the
Higher Education Support Act and substitutes a new heading to replace the
reference to the Legislative Instruments Act with a reference to the
Legislation Act.
Item 295 - Paragraph 39B(1)(b) of Schedule 1A
325. Item 295 amends paragraph 39B(1)(b) of Schedule 1A to the Higher
Education Support Act to update the reference to Part 5 (Parliamentary
scrutiny of legislative instruments) of the Legislative Instruments Act to
Part 2 of Chapter 3 (Parliamentary scrutiny of legislative instruments) of the
Legislation Act.
Item 296 - Subclause 1(1) of Schedule 1
326. Item 296 adds a definition for the Federal Register of Legislation to
subclause 1(1) of Schedule 1 to the Higher Education Support Act to reflect
its establishment by the Legislation Act.
Item 297 - Subclause 1(1) of Schedule 1 (definition of Federal Register of
Legislative Instruments)
327. Item 297 repeals the definition of the Federal Register of Legislative
Instruments at subclause 1(1) of Schedule 1 to the Higher Education
Support Act to reflect Part 4 (Federal Register of Legislative Instruments) of
the Legislative Instruments Act being repealed by the Acts and Instruments
(Framework Reform) Act.
Income Tax Assessment Act 1936
Item 298 - Subsection 24AV(2)
80
328. Item 298 repeals subsection 24AV(2) of the Income Tax Assessment
Act 1936 which provides that, despite subsection 12(2) of the Legislative
Instruments Act, instruments made under subsection 24AV(1) of the Income
Tax Assessment Act 1936 may be expressed to take effect from a date
before they are registered. This is replaced with a new subsection 24AV(2)
of the Income Tax Assessment Act 1936 which provides that
subsection 12(2) of the Legislation Act does not apply to the instruments.
329. The new subsection 24AV(2) of the Income Tax Assessment Act
1936 updates references to the Legislative Instruments Act with references
to the Legislation Act, and updates the drafting of the subsection to reflect
amendments to section 12 of the Legislative Instruments Act made by the
Acts and Instruments (Framework Reform) Act. The previous
subsection 12(2) of the Legislative Instruments Act provided that
instruments do not have effect where they would take effect before
registration and could adversely impact upon a person. Under
subsection 12(3) of the Legislative Instruments Act, this rule was subject to
a contrary intention in the enabling Act. Instead of providing that the entire
instrument has no effect, the amended subsection 12(2) of the Legislation
Act provides that instruments do not apply in relation to a particular person
retrospectively where they would have an adverse effect on that person.
New subsection 12(3) of the Legislation Act expressly provides that, subject
to this limitation in relation to particular persons, instruments may
commence retrospectively. Accordingly, in order to produce the same
outcome as was produced by overriding the previous subsection 12(2) of the
Legislative Instruments Act, the operation of amended subsection 12(2) of
the Legislation Act is turned off for instruments whose retrospective
commencement is to apply to persons even if those persons are adversely
impacted by that retrospective commencement.
Income Tax Assessment Act 1997
Item 299 - Subsection 293-115(6)
330. Item 299 repeals subsection 293-115(6) of the Income Tax
Assessment Act 1997 which provides that, despite subsection 12(2) of the
Legislative Instruments Act, instruments made under subsection 293-115(1)
of the Income Tax Assessment Act 1997 may be expressed to take effect
from any time on or after 1 July 2012. This is replaced with new
subsections 293-115(6) and 293-115(7).
331. The new subsection 293-115(6) of the Income Tax Assessment Act
1997 provides that subsection 12(2) of the Legislation Act does not apply to
81
the instruments. The new subsection 293-115(7) of the Income Tax
Assessment Act 1997 provides that, despite subsection 12(3) of the
Legislation Act, the instrument must not commence before 1 July 2012.
332. The new subsection 293-115(6) of the Income Tax Assessment Act
1997 updates references to the Legislative Instruments Act with references
to the Legislation Act, and updates the drafting of the subsection to reflect
amendments to section 12 of the Legislative Instruments Act made by the
Acts and Instruments (Framework Reform) Act. The previous
subsection 12(2) of the Legislative Instruments Act provided that
instruments do not have effect where they would take effect before
registration and could adversely impact upon a person. Under
subsection 12(3) of the Legislative Instruments Act, this rule was subject to
a contrary intention in the enabling Act. Instead of providing that the entire
instrument has no effect, the amended subsection 12(2) of the Legislation
Act provides that instruments do not apply in relation to a particular person
retrospectively where they would have an adverse effect on that person.
New subsection 12(3) of the Legislation Act expressly provides that, subject
to this limitation in relation to particular persons, instruments may
commence retrospectively. Accordingly, in order to produce the same
outcome as was produced by overriding the previous subsection 12(2) of the
Legislative Instruments Act, the operation of amended subsection 12(2) of
the Legislation Act is turned off for instruments whose retrospective
commencement is to apply to persons even if those persons are adversely
impacted by that retrospective commencement..
333. Further, by expressly providing that instruments must not commence
before 1 July 2012, the new subsection 293-115(7) of the Income Tax
Assessment Act 1997 displaces subsection 12(3) of the Legislation Act. It
thus limits retrospective commencement to on or after 1 July 2012 to
preserve the effect of the repealed subsection 293-115(6).
Item 300 - Subsection 293-145(2)
334. Item 300 repeals subsection 293-145(2) of the Income Tax
Assessment Act 1997 which provides that, despite subsection 12(2) of the
Legislative Instruments Act, instruments made under
paragraph 293-145(1)(b) of the Income Tax Assessment Act 1997 may be
expressed to take effect from any time on or after 1 July 2012. This is
replaced with new subsections 293-145(2) and 293-145(2A).
335. The new subsection 293-145(2) of the Income Tax Assessment Act
1997 provides that subsection 12(2) of the Legislation Act does not apply to
82
the instruments. The new subsection 293-145(2A) of the Income Tax
Assessment Act 1997 provides that despite subsection 12(3) of the
Legislation Act, the instrument must not commence before 1 July 2012.
336. The new subsection 293-145(2) of the Income Tax Assessment Act
1997 updates references to the Legislative Instruments Act with references
to the Legislation Act, and updates the drafting of the subsection to reflect
amendments to section 12 of the Legislative Instruments Act made by the
Acts and Instruments (Framework Reform) Act. The previous
subsection 12(2) of the Legislative Instruments Act provided that
instruments do not have effect where they would take effect before
registration and could adversely impact upon a person. Under
subsection 12(3) of the Legislative Instruments Act, this rule was subject to
a contrary intention in the enabling Act. Instead of providing that the entire
instrument has no effect, the amended subsection 12(2) of the Legislation
Act provides that instruments do not apply in relation to a particular person
retrospectively where they would have an adverse effect on that person.
New subsection 12(3) of the Legislation Act expressly provides that, subject
to this limitation in relation to particular persons, instruments may
commence retrospectively. Accordingly, in order to produce the same
outcome as was produced by overriding the previous subsection 12(2) of the
Legislative Instruments Act, the operation of amended subsection 12(2) of
the Legislation Act is turned off for instruments whose retrospective
commencement is to apply to persons even if those persons are adversely
impacted by that retrospective commencement.
337. Further, by expressly providing that instruments must not commence
before 1 July 2012, the new subsection 293-145(2A) of the Income Tax
Assessment Act 1997 displaces subsection 12(3) of the Legislation Act. It
thus limits retrospective commencement to on or after 1 July 2012 to
preserve the effect of the repealed subsection 293-145(2).
Item 301 - Subsections 415-100(2) and 974-10(7)
338. Item 301 amends subsections 415-100(2) and 974-10(7) of the
Income Tax Assessment Act 1997 to replace the references to the
Legislative Instruments Act with references to the Legislation Act.
Independent Contractors Act 2006
Item 302 - Subsections 42(3) and (4)
83
339. Item 302 repeals subsections 42(3) and (4) of the Independent
Contractors Act 2006. These subsections provide that, despite
subsection 12(2) of the Legislative Instruments Act, instruments made under
subsection 42(1) of the Independent Contractors Act may be expressed to
take effect from a date before they are registered, but that this does not
apply to instruments that create, modify or otherwise affect a provision that
makes a person liable to an offence or civil penalty.
340. These subsections are replaced with new subsections which update
references to the Legislative Instruments Act with references to the
Legislation Act, and update the drafting of the subsections to reflect
amendments to section 12 of the Legislative Instruments Act made by the
Acts and Instruments (Framework Reform) Act. The previous
subsection 12(2) of the Legislative Instruments Act provided that
instruments do not have effect where they would take effect before
registration and could adversely impact upon a person. Under
subsection 12(3) of the Legislative Instruments Act, this rule was subject to
a contrary intention in the enabling Act. Instead of providing that the entire
instrument has no effect, the amended subsection 12(2) of the Legislation
Act provides that instruments do not apply in relation to a particular person
retrospectively where they would have an adverse effect on that person.
New subsection 12(3) of the Legislation Act expressly provides that, subject
to this limitation in relation to particular persons, instruments may
commence retrospectively. Accordingly, in order to produce the same
outcome as was produced by overriding the previous subsection 12(2) of the
Legislative Instruments Act, the operation of amended subsection 12(2) of
the Legislation Act is turned off for instruments whose retrospective
commencement is to apply to persons even if those persons are adversely
impacted by that retrospective commencement.
341. Further, by expressly providing that subsection 12(3) of the
Legislative Instruments Act does not apply to instruments that create,
modify or otherwise affect a provision that makes a person liable to an
offence or civil penalty, the new subsection 42(4) of the Independent
Contractors Act displaces subsection 12(3) of the Legislation Act for those
instruments.
Industrial Chemicals (Notification and Assessment) Act 1989
Item 303 - Subsection 81(2)
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342. Item 303 amends subsection 81(2) of the Industrial Chemicals
(Notification and Assessment) Act 1989 to replace the reference to the
Legislative Instruments Act with a reference to the Legislation Act.
Industry Research and Development Act 1986
Item 304 - Subsections 28B(1) and 32(3) (note)
343. Item 304 amends the notes to subsections 28B(1) and 32(3) of the
Industry Research and Development Act 1986 to replace the references to
the Legislative Instruments Act with references to the Legislation Act.
Insurance Act 1973
Item 305 - Subsection 32(6)
344. Item 305 amends subsection 32(6) of the Insurance Act 1973 to
replace the reference to the Legislative Instruments Act with a reference to
the Legislation Act.
Item 306 - Subsection 62ZZC(6)
345. Item 306 repeals subsection 62ZZC(6) of the Insurance Act and
substitutes a new subsection to omit the reference to Part 6 of the
Legislative Instruments Act. Part 6 deals with sunsetting of legislative
instruments. This amendment removes an outdated reference to the
Legislative Instruments Act. It also removes the exemption from sunsetting
for instruments made under subsection 62ZZC(1) of the Insurance Act, as
that exemption will be transferred to a consolidated list of sunsetting
exemptions in the Regulations. Accordingly, the legal effect of the
sunsetting exemption will be preserved.
346. Item 306 also adds a note which explains that Part 4 of
Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments
made under subsection 62ZZC(1) of the Insurance Act, which are prescribed
by regulation for the purposes of paragraph 54(2)(b) of the Legislation Act.
This note directs the reader to the relevant regulations where the sunsetting
exemptions are to be consolidated.
Item 307 - Paragraph 62ZZC(7)(a)
347. Item 307 repeals paragraph 62ZZC(7)(a) of the Insurance Act and
substitutes a new paragraph to reflect changes to subsection 12(1) of the
85
Legislative Instruments Act by the Acts and Instruments (Framework
Reform) Act. It changes 'takes effect' to 'commences', replaces the
reference to the Legislative Instruments Act with a reference to the
Legislation Act and removes the reference to subsection 12(2) of the
Legislative Instruments Act.
Item 308 - After subsection 62ZZC(7)
348. Item 308 adds a subsection after 62ZZC(7) of the Insurance Act. This
new subsection reflects amendments to section 12 of the Legislative
Instruments Act made by the Acts and Instruments (Framework Reform)
Act. The previous subsection 12(2) of the Legislative Instruments Act
provided that instruments do not have effect where they would take effect
before registration and could adversely impact upon a person. Under
subsection 12(3) of the Legislative Instruments Act, this rule was subject to
a contrary intention in the enabling Act. Instead of providing that the entire
instrument has no effect, the amended subsection 12(2) of the Legislation
Act provides that instruments do not apply in relation to a particular person
retrospectively where they would have an adverse effect on that person.
New subsection 12(3) of the Legislation Act expressly provides that, subject
to this limitation in relation to particular persons, instruments may
commence retrospectively. Accordingly, in order to produce the same
outcome as was produced by overriding the previous subsection 12(2) of the
Legislative Instruments Act, the operation of amended subsection 12(2) of
the Legislation Act is turned off for instruments whose retrospective
commencement is to apply to persons even if those persons are adversely
impacted by that retrospective commencement.
Item 309 - Subsection 62ZZC(8)
349. Item 309 amends subsection 62ZZC(8) of the Insurance Act to
replace the reference to the Legislative Instruments Act with a reference to
the Legislation Act.
Item 310 - Subsection 131A(7) and (8)
350. Item 310 repeals subsections 131A(7) and 131A(8) of the Insurance
Act and substitutes new subsections 131A(7), 131A(8) and 131A(9), and
adds a new note to subsection 131A(7) of the Insurance Act. The new
subsections omit the references to section 42 and Part 6 of the Legislative
Instruments Act and replace them with a reference to
section 42 (disallowance) of the Legislation Act. Part 6 deals with
86
sunsetting of legislative instruments. This amendment removes outdated
references to Part 6 of the Legislative Instruments Act.
351. The new subsection 131A(7) of the Insurance Act removes the
exemption from sunsetting for instruments made under section 131A of the
Insurance Act, as that exemption will be transferred to a consolidated list of
sunsetting exemptions in the Regulations. Accordingly, the legal effect of
the sunsetting exemption will be preserved.
352. The new note to subsection 131A(7) of the Insurance Act explains
that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not apply to
instruments made under section 131A of the Insurance Act, which are
prescribed by regulation for the purposes of paragraph 54(2)(b) of the
Legislation Act. This note directs the reader to the relevant regulations
where the sunsetting exemptions are to be consolidated.
353. Subsection 131A(8) of the Insurance Act provides that an instrument
made under subsection 131A of the Insurance Act takes effect from the time
it is made, despite subsections 12(1) and 12(2) of the Legislative
Instruments Act. The new subsection 131A(8) of the Insurance Act provides
that, despite subsection 12(1) of the Legislation Act, the instrument
commences from the time it is made. The reference to 'take effect' is also
changed to 'commence' to reflect changes to subsection 12(1) of the
Legislative Instruments Act.
354. The new subsection 131A(9) of the Insurance Act provides that
subsection 12(2) of the Legislation Act does not apply to the instrument.
This reflects changes made to subsection 12(2) of the Legislative
Instruments Act. The previous subsection 12(2) of the Legislative
Instruments Act provided that instruments do not have effect where they
would take effect before registration and could adversely impact upon a
person. Under subsection 12(3) of the Legislative Instruments Act, this rule
was subject to a contrary intention in the enabling Act. Instead of providing
that the entire instrument has no effect, the amended subsection 12(2) of the
Legislation Act provides that instruments do not apply in relation to a
particular person retrospectively where they would have an adverse effect
on that person. New subsection 12(3) of the Legislation Act expressly
provides that, subject to this limitation in relation to particular persons,
instruments may commence retrospectively. Accordingly, in order to
produce the same outcome as was produced by overriding the previous
subsection 12(2) of the Legislative Instruments Act, the operation of
amended subsection 12(2) of the Legislation Act is turned off for
87
instruments whose retrospective commencement is to apply to persons even
if those persons are adversely impacted by that retrospective
commencement.
355. Because the language 'despite ... ' is no longer appropriate for both
subsections 12(1) and 12(2) of the Legislation Act, the replacement for
subsection 131A(8) of the Insurance Act is in two subsections.
Intelligence Services Act 2001
Items 311 - Section 3A, section 3A (note)
356. Items 311 amends section 3A of the Intelligence Services Act 2001 to
replace the reference to section 19A of the Acts Interpretation Act with a
reference to section 19. The current sections 19 and 19A of the Acts and
Interpretation Act are repealed by the Acts and Instruments (Framework
Reform) Act and replaced by the new section 19.
Item 312 - Section 3A (note)
357. Item 312 amends the note to section 3A of the Intelligence Services
Act 2001 to replace the reference to section 19 of the Acts Interpretation Act
with a reference to subsection 19(4). The current sections 19 and 19A of the
Acts and Interpretation Act are repealed by the Acts and Instruments
(Framework Reform) Act and replaced by the new section 19. The
substance of the current section 19 is provided by the new subsection 19(4).
Interactive Gambling Act 2001
Item 313 - Subsections 24(5) and 37(5) (note)
358. Item 313 amends the notes to subsections 24(5) and 37(5) of the
Interactive Gambling Act 2001 to replace the references to the Legislative
Instruments Act with references to the Legislation Act.
International Monetary Agreements Act 1947
Item 314 - Subsection 8CAA(4)
359. Item 314 amends subsection 8CAA(4) of the International Monetary
Agreements Act 1947 to reflect changes to subsection 12(1) of the
Legislative Instruments Act by the Acts and Instruments (Framework
Reform) Act by changing 'take effect' to 'commence'.
88
Item 315 - Paragraphs 8CAA(4)(a) and (b)
360. Item 315 amends paragraphs 8CAA(4)(a) and (b) of the International
Monetary Agreements Act to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
International Organisations (Privileges and Immunities) Act 1963
Item 316 - Subsection 13(2)
361. Item 316 amends subsection 13(2) of the International Organisations
(Privileges and Immunities) Act 1963 to reflect changes to subsection 12(1)
of the Legislative Instruments Act by the Acts and Instruments (Framework
Reform) Act by changing 'take effect' to 'commence'.
Item 317 - Subsection 13(3)
362. Item 317 amends subsection 13(3) of the International Organisations
(Privileges and Immunities) Act to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
Item 318 - Subsection 13(4)
363. Item 318 repeals subsection 13(4) of the International Organisations
(Privileges and Immunities) Act and substitutes a new subsection which
removes the reference to the 'commencement of the Legislative Instruments
Act 2003'. The reference is no longer necessary as the Legislative
Instruments Act has commenced.
International War Crimes Tribunals Act 1995
Item 319 - Subsection 42(3)
364. Item 319 amends subsection 42(3) of the International War Crimes
Tribunals Act 1995 to replace the reference to the Legislative Instruments
Act with a reference to the Legislation Act.
Judges' Pensions Act 1968
Item 320 - Subsection 12A(14)
365. Item 320 amends subsection 12A(14) of the Judges' Pensions Act
1968 to omit the phrase 'for the purposes of the Legislative Instruments Act
2003'. This phrase is no longer necessary when referring to legislative
89
instruments, as the definition of legislative instrument is centrally provided
by section 8 of the Legislation Act. That definition is generally applied by
section 2B of the Acts Interpretation Act (as amended by the Acts and
Instruments (Framework Reform) Act).
Item 321 - Subsection 17AI(2)
366. Item 321 amends subsection 17AI(2) of the Judges' Pension Act to
reflect changes to section 44 of the Legislative Instruments Act by the Acts
and Instruments (Framework Reform) Act and to update the reference to the
Legislative Instruments Act to refer to the Legislation Act. The current
section 44 of the Legislative Instruments Act provides for exemptions from
disallowance, with general exemptions provided under subsection 44(1) and
specific exemptions listed in a table in subsection 44(2). The table of
exemptions is omitted from the amended subsection 44(2) and the
exemptions are to be consolidated into the Regulations. Accordingly, the
reference to section 44 of the Legislative Instruments Act is updated to refer
to 'regulations made for the purposes of paragraph 44(2)(b) of the
Legislation Act 2003'.
Lands Acquisition Act 1989
Item 322 - Subsection 21(3)
367. Item 322 repeals subsection 21(3) of the Lands Acquisition Act 1989
and substitutes a new subsection to reflect changes to section 12 of the
Legislative Instruments Act by the Acts and Instruments (Framework
Reform) Act. The new subsection changes 'take effect' to 'commences' and
replaces the reference to the Legislative Instruments Act with a reference to
the Legislation Act. The new subsection also modernises terminology in
accordance with current drafting practice by changing 'in spite of' to
'despite'.
Item 323 - Subsection 21(4)
368. Item 323 amends subsection 21(4) of the Lands Acquisition Act to
modernise terminology in accordance with current drafting practice by
changing 'shall' to 'must'.
Item 324 - Paragraph 21(4)(a)
90
369. Item 324 amends paragraph 21(4)(a) of the Lands Acquisition Act to
replace the reference to the Legislative Instruments Act with a reference to
the Legislation Act.
Item 325 - Subsection 117(2)
370. Item 325 repeals subsection 117(2) of the Lands Acquisition Act and
substitutes a new subsection to reflect changes to section 12 of the
Legislative Instruments Act by the Acts and Instruments (Framework
Reform) Act. The new subsection changes 'take effect' to 'commences' and
replaces the reference to the Legislative Instruments Act with a reference to
the Legislation Act. The new subsection also modernises terminology in
accordance with current drafting practice by changing 'in spite of' to
'despite'.
Item 326 - Subsection 117(3)
371. Item 326 amends subsection 117(3) of the Lands Acquisition Act to
modernise terminology in accordance with current drafting practice by
changing 'shall' to 'must'.
Item 327 - Paragraph 117(3)(a)
372. Item 327 amends paragraph 117(3)(a) of the Lands Acquisition Act
to replace the reference to the Legislative Instruments Act with a reference
to the Legislation Act.
Life Insurance Act 1995
Item 328 - Subsection 16ZD(2) (note)
373. Item 328 amends the note to subsection 16ZD(2) of the Life
Insurance Act 1995 to replace the reference to the Legislative Instruments
Act with a reference to the Legislation Act.
Item 329 - Paragraph 230A(12C)(b)
374. Item 329 amends paragraph 230A(12C)(b) of the Life Insurance Act
to replace the reference to the Legislative Instruments Act with a reference
to the Legislation Act.
Item 330 - Subsections 251A(7) and (8)
91
375. Item 330 repeals subsections 251A(7) and 251A(8) of the Life
Insurance Act and substitutes new subsections 251A(7), 251A(8)
and 251A(9), and adds a new note to subsection 251A(7). These
amendments omit references to section 42 and Part 6 of the Legislative
Instruments Act and replace them with references to
section 42 (disallowance) of the Legislation Act. Part 6 deals with
sunsetting of legislative instruments. This amendment removes an outdated
reference to Part 6 of the Legislative Instruments Act.
376. The new subsection 251A(7) of the Life Insurance Act removes the
exemption from sunsetting for instruments made under section 251A of the
Life Insurance Act, as that exemption will be transferred to a consolidated
list of sunsetting exemptions in the Regulations. Accordingly, the legal
effect of the sunsetting exemption will be preserved.
377. The new note to subsection 251A(7) of the Life Insurance Act
explains that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not
apply to instruments made under section 251A of the Life Insurance Act,
which are prescribed by regulation for the purposes of paragraph 54(2)(b) of
the Legislation Act. This note directs the reader to the relevant regulations
where the sunsetting exemptions are to be consolidated.
378. Subsection 251A(8) of the Life Insurance Act provides that an
instrument made under subsection 251A of the Life Insurance Act takes
effect from the time it is made, despite subsections 12(1) and (2) of the
Legislative Instruments Act. The new subsection 251A(8) of the Life
Insurance Act provides that despite subsection 12(1) of the Legislation Act,
the instrument commences from the time it is made. The reference to 'take
effect' is also changed to 'commence' to reflect changes to subsection 12(1)
of the Legislative Instruments Act.
379. The new subsection 251A (9) of the Life Insurance Act provides that
subsection 12(2) of the Legislation Act does not apply to the instrument.
This reflects changes made to subsection 12(2) of the Legislative
Instruments Act. The previous subsection 12(2) of the Legislative
Instruments Act provided that instruments do not have effect where they
would take effect before registration and could adversely impact upon a
person. Under subsection 12(3) of the Legislative Instruments Act, this rule
was subject to a contrary intention in the enabling Act. Instead of providing
that the entire instrument has no effect, the amended subsection 12(2) of the
Legislation Act provides that instruments do not apply in relation to a
particular person retrospectively where they would have an adverse effect
92
on that person. New subsection 12(3) of the Legislation Act expressly
provides that, subject to this limitation in relation to particular persons,
instruments may commence retrospectively. Accordingly, in order to
produce the same outcome as was produced by overriding the previous
subsection 12(2) of the Legislative Instruments Act, the operation of
amended subsection 12(2) of the Legislation Act is turned off for
instruments whose retrospective commencement is to apply to persons even
if those persons are adversely impacted by that retrospective
commencement.
380. Because the language 'despite ... ' is no longer appropriate for both
subsections 12(1) and 12(2) of the Legislation Act, the replacement for
subsection 251A (8) of the Life Insurance Act is in two subsections.
Liquid Fuel Emergency Act 1984
Items 331-334 - Subsections 9(2), 10(5), 11(6) and 12(7)
381. Items 331 to 334 repeal subsections 9(2), 10(5), 11(6) and 12(7) of
the Liquid Fuel Emergency Act 1984 which provide that, despite
subsection 12(2) of the Legislative Instruments Act, instruments made under
those sections may be expressed to take effect from a date before they are
registered. These subsections are replaced with new subsections which
provide that subsection 12(2) of the Legislation Act does not apply to the
instruments.
382. These new subsections update references to the Legislative
Instruments Act with references to the Legislation Act, and update the
drafting of the subsections to reflect amendments to section 12 of the
Legislative Instruments Act made by the Acts and Instruments (Framework
Reform) Act. The previous subsection 12(2) of the Legislative Instruments
Act provided that instruments do not have effect where they would take
effect before registration and could adversely impact upon a person. Under
subsection 12(3) of the Legislative Instruments Act, this rule was subject to
a contrary intention in the enabling Act. Instead of providing that the entire
instrument has no effect, the amended subsection 12(2) of the Legislation
Act provides that instruments do not apply in relation to a particular person
retrospectively where they would have an adverse effect on that person.
New subsection 12(3) of the Legislation Act expressly provides that, subject
to this limitation in relation to particular persons, instruments may
commence retrospectively. Accordingly, in order to produce the same
outcome as was produced by overriding the previous subsection 12(2) of the
Legislative Instruments Act, the operation of amended subsection 12(2) of
93
the Legislation Act is turned off for instruments whose retrospective
commencement is to apply to persons even if those persons are adversely
impacted by that retrospective commencement.
Item 335 - Subsection 13(2)
383. Item 335 amends subsection 13(2) of the Liquid Fuel Emergency Act
to omit the references to section 42 and Part 6 of the Legislative Instruments
Act. Section 42 and Part 6 deal with disallowance and sunsetting of
legislative instruments respectively. This amendment removes an outdated
reference to the Legislative Instruments Act. It also removes the exemptions
from disallowance and sunsetting for instruments made under
subsection 13(1) of the Liquid Fuel Emergency Act, as those exemptions are
already covered by general exemptions in the tables in subsections 44(2)
and 54(2) of the Legislative Instruments Act. Those exemptions will be
consolidated into the Regulations. Accordingly, the legal effect of the
exemptions will be preserved.
Item 336 - At the end of subsection 13(2)
384. Item 336 adds notes at the end of subsection 13(2) of the Liquid Fuel
Emergency Act. The notes explain that section 42 (disallowance) and Part 4
of Chapter 3 (sunsetting) of the Legislation Act do not apply to instruments
made under section 13(1) of the Liquid Fuel Emergency Act, which are
prescribed by regulation for the purposes of paragraphs 44(2)(b)
and 54(2)(b) of the Legislation Act. These notes direct the reader to the
relevant regulations where the sunsetting and disallowance exemptions are
to be consolidated.
Item 337 - Subsection 13(4)
385. Item 337 repeals subsection 13(4) of the Liquid Fuel Emergency Act
which provides that, despite subsection 12(2) of the Legislative Instruments
Act, instruments made under section 13 of the Liquid Fuel Emergency Act
may be expressed to take effect from a date before they are registered. This
subsection is replaced with a new subsection 13(4), which provides that
subsection 12(2) of the Legislation Act does not apply to the instruments.
386. The new subsection 13(4) of the Liquid Fuel Emergency Act updates
references to the Legislative Instruments Act with references to the
Legislation Act, and updates the drafting of the subsection to reflect
amendments to section 12 of the Legislative Instruments Act made by the
Acts and Instruments (Framework Reform) Act. The previous
94
subsection 12(2) of the Legislative Instruments Act provided that
instruments do not have effect where they would take effect before
registration and could adversely impact upon a person. Under
subsection 12(3) of the Legislative Instruments Act, this rule was subject to
a contrary intention in the enabling Act. Instead of providing that the entire
instrument has no effect, the amended subsection 12(2) of the Legislation
Act provides that instruments do not apply in relation to a particular person
retrospectively where they would have an adverse effect on that person.
New subsection 12(3) of the Legislation Act expressly provides that, subject
to this limitation in relation to particular persons, instruments may
commence retrospectively. Accordingly, in order to produce the same
outcome as was produced by overriding the previous subsection 12(2) of the
Legislative Instruments Act, the operation of amended subsection 12(2) of
the Legislation Act is turned off for instruments whose retrospective
commencement is to apply to persons even if those persons are adversely
impacted by that retrospective commencement.
Item 338 - Subsection 14(2)
387. Item 338 amends subsection 14(2) of the Liquid Fuel Emergency Act
to omit the phrase 'but neither section 42 nor Part 6 of the Legislative
Instruments Act 2003 applies to the direction'. Section 42 and Part 6 deal
with disallowance and sunsetting of legislative instruments respectively.
This amendment removes an outdated reference to the Legislative
Instruments Act. It also removes the exemptions from disallowance and
sunsetting for instruments made under subsection 14(1) of the Liquid Fuel
Emergency Act, as those exemptions are already covered by general
exemptions in the tables in subsections 44(2) and 54(2) of the Legislative
Instruments Act. Those exemptions will be consolidated into the
Regulations. Accordingly, the legal effect of the exemptions will be
preserved.
Item 339 - At the end of subsection 14(2)
388. Item 339 adds notes at the end of subsection 14(2) of the Liquid Fuel
Emergency Act. The notes explain that section 42 (disallowance) and Part 4
of Chapter 3 (sunsetting) of the Legislation Act do not apply to instruments
made under section 14(1) of the Liquid Fuel Emergency Act, which are
prescribed by regulation for the purposes of paragraphs 44(2)(b)
and 54(2)(b) of the Legislation Act. These notes direct the reader to the
relevant regulations where the sunsetting and disallowance exemptions are
to be consolidated.
95
Item 340-343 - Subsections 14(5), 14A(5), 17(6) and 20(6)
389. Items 340 to 343 repeal subsections 14(5), 14A(5), 17(6) and 20(6) of
the Liquid Fuel Emergency Act which provide that, despite subsection 12(2)
of the Legislative Instruments Act, instruments made sections 14, 14A, 17
or 20 of the Liquid Fuel Emergency Act may be expressed to take effect
from a date before they are registered. These subsections are replaced with
new subsections which provide that subsection 12(2) of the Legislation Act
does not apply to the instruments.
390. The new subsections of the Liquid Fuel Emergency Act update
references to the Legislative Instruments Act with references to the
Legislation Act, and update the drafting of the subsections to reflect
amendments to section 12 of the Legislative Instruments Act made by the
Acts and Instruments (Framework Reform) Act. The previous
subsection 12(2) of the Legislative Instruments Act provided that
instruments do not have effect where they would take effect before
registration and could adversely impact upon a person. Under
subsection 12(3) of the Legislative Instruments Act, this rule was subject to
a contrary intention in the enabling Act. Instead of providing that the entire
instrument has no effect, the amended subsection 12(2) of the Legislation
Act provides that instruments do not apply in relation to a particular person
retrospectively where they would have an adverse effect on that person.
New subsection 12(3) of the Legislation Act expressly provides that, subject
to this limitation in relation to particular persons, instruments may
commence retrospectively. Accordingly, in order to produce the same
outcome as was produced by overriding the previous subsection 12(2) of the
Legislative Instruments Act, the operation of amended subsection 12(2) of
the Legislation Act is turned off for instruments whose retrospective
commencement is to apply to persons even if those persons are adversely
impacted by that retrospective commencement.
Item 344 - Subsection 21(5)
391. Item 344 amends subsection 21(5) of the Liquid Fuel Emergency Act
to omit the phrase 'but neither section 42 nor Part 6 of the Legislative
Instruments Act 2003 applies to the direction'. Section 42 and Part 6 deal
with disallowance and sunsetting of legislative instruments respectively.
This amendment removes an outdated reference to the Legislative
Instruments Act. It also removes the exemptions from disallowance and
sunsetting for instruments made under subsection 21(1) of the Liquid Fuel
Emergency Act, as those exemptions are already covered by general
96
exemptions in the tables in subsections 44(2) and 54(2) of the Legislative
Instruments Act. Those exemptions will be consolidated into the
Regulations. Accordingly, the legal effect of the exemptions will be
preserved.
Item 345 - At the end of subsection 21(5)
392. Item 345 adds notes at the end of subsection 21(5) of the Liquid Fuel
Emergency Act. The notes explain that section 42 (disallowance) and Part 4
of Chapter 3 (sunsetting) of the Legislation Act do not apply to instruments
made under section 21(1) of the Liquid Fuel Emergency Act, which are
prescribed by regulation for the purposes of paragraphs 44(2)(b)
and 54(2)(b) of the Legislation Act. These notes direct the reader to the
relevant regulations where the sunsetting and disallowance exemptions are
to be consolidated.
Item 346 - Subsection 21(8)
393. Item 346 repeals subsection 21(8) of the Liquid Fuel Emergency Act
which provides that, despite subsection 12(2) of the Legislative Instruments
Act, instruments made under section 21 of the Liquid Fuel Emergency Act
may be expressed to take effect from a date before they are registered. This
subsection is replaced with a new subsection 21(8) of the Liquid Fuel
Emergency Act, which provides that subsection 12(2) of the Legislation Act
does not apply to the instruments.
394. The new subsection 21(8) of the Liquid Fuel Emergency Act updates
references to the Legislative Instruments Act with references to the
Legislation Act, and updates the drafting of the subsection to reflect
amendments to section 12 of the Legislative Instruments Act made by the
Acts and Instruments (Framework Reform) Act. The previous
subsection 12(2) of the Legislative Instruments Act provided that
instruments do not have effect where they would take effect before
registration and could adversely impact upon a person. Under
subsection 12(3) of the Legislative Instruments Act, this rule was subject to
a contrary intention in the enabling Act. Instead of providing that the entire
instrument has no effect, the amended subsection 12(2) of the Legislation
Act provides that instruments do not apply in relation to a particular person
retrospectively where they would have an adverse effect on that person.
New subsection 12(3) of the Legislation Act expressly provides that, subject
to this limitation in relation to particular persons, instruments may
commence retrospectively. Accordingly, in order to produce the same
outcome as was produced by overriding the previous subsection 12(2) of the
97
Legislative Instruments Act, the operation of amended subsection 12(2) of
the Legislation Act is turned off for instruments whose retrospective
commencement is to apply to persons even if those persons are adversely
impacted by that retrospective commencement.
Item 347 - Subsection 22(5)
395. Item 347 amends subsection 22(5) of the Liquid Fuel Emergency Act
to omit the phrase 'but neither section 42 nor Part 6 of the Legislative
Instruments Act 2003 applies to the direction'. Section 42 and Part 6 deal
with disallowance and sunsetting of legislative instruments respectively.
This amendment removes an outdated reference to the Legislative
Instruments Act. It also removes the exemptions from disallowance and
sunsetting for instruments made under subsection 22(1) of the Liquid Fuel
Emergency Act, as those exemptions are already covered by general
exemptions in the tables in subsections 44(2) and 54(2) of the Legislative
Instruments Act. Those exemptions will be consolidated into the
Regulations. Accordingly, the legal effect of the exemptions will be
preserved.
Item 348 - At the end of subsection 22(5)
396. Item 348 adds notes at the end of subsection 22(5) of the Liquid Fuel
Emergency Act. The notes explain that section 42 (disallowance) and Part 4
of Chapter 3 (sunsetting) of the Legislation Act do not apply to instruments
made under section 22(1) of the Liquid Fuel Emergency Act, which are
prescribed by regulation for the purposes of paragraphs 44(2)(b)
and 54(2)(b) of the Legislation Act. These notes direct the reader to the
relevant regulations where the sunsetting and disallowance exemptions are
to be consolidated.
Item 349 - Subsection 22(8)
397. Item 349 repeals subsection 22(8) of the Liquid Fuel Emergency Act
which provides that despite subsection 12(2) of the Legislative Instruments
Act, instruments made under section 22 of the Liquid Fuel Emergency Act
may be expressed to take effect from a date before they are registered.
Subsection 22(8) is replaced with a new subsection which provides that
subsection 12(2) of the Legislation Act does not apply to the instruments.
398. This new subsection 22(8) of the Liquid Fuel Emergency Act updates
the reference to the Legislative Instruments Act to refer to the Legislation
Act and updates the drafting of the subsection to reflect amendments to
98
section 12 made by the Acts and Instruments (Framework Reform) Act. The
previous subsection 12(2) provided that instruments do not have effect
where they would take effect before registration and could adversely impact
upon a person. Under subsection 12(3), this rule was subject to a contrary
intention in the enabling Act. Instead of providing that the entire instrument
has no effect, the amended subsection 12(2) provides that instruments do
not apply in relation to a particular person retrospectively where they would
have an adverse effect on that person. New subsection 12(3) expressly
provides that, subject to this limitation in relation to particular persons,
instruments may commence retrospectively. Accordingly, in order to
produce the same outcome as was produced by overriding the previous
subsection 12(2), the operation of amended subsection 12(2) is turned off
for instruments whose retrospective commencement is to apply to persons
even if those persons are adversely impacted by that retrospective
commencement.
Item 350 - Subsection 23(5)
399. Item 350 amends subsection 23(5) of the Liquid Fuel Emergency Act
to omit the references to section 42 and Part 6 of the Legislative Instruments
Act. Section 42 and Part 6 deal with disallowance and sunsetting of
legislative instruments respectively. This amendment removes an outdated
reference to the Legislative Instruments Act. It also removes the exemptions
from disallowance and sunsetting for instruments made under
subsection 23(1) of the Liquid Fuel Emergency Act, as those exemptions are
already covered by general exemptions in the tables in subsections 44(2)
and 54(2) of the Legislative Instruments Act. Those exemptions will be
consolidated into the Regulations. Accordingly, the legal effect of the
exemptions will be preserved.
Item 351 - At the end of subsection 23(5)
400. Item 351 adds notes at the end of subsection 23(5) of the Liquid Fuel
Emergency Act. The notes explain that section 42 (disallowance) and Part 4
of Chapter 3 (sunsetting) of the Legislation Act do not apply to instruments
made under section 23(1) of the Liquid Fuel Emergency Act, which are
prescribed by regulation for the purposes of paragraphs 44(2)(b)
and 54(2)(b) of the Legislation Act. These notes direct the reader to the
relevant regulations where sunsetting and disallowance exemptions are to be
consolidated.
Item 352 - Subsection 23(8)
99
401. Item 352 repeals subsection 23(8) of the Liquid Fuel Emergency Act
which provides that despite subsection 12(2) of the Legislative Instruments
Act, instruments made under section 23 of the Liquid Fuel Emergency Act
may be expressed to take effect from a date before they are registered.
Subsection 23(8) is replaced with a new subsection which provides that
subsection 12(2) of the Legislation Act does not apply to the instruments.
402. This new subsection 23(8) of the Liquid Fuel Emergency Act updates
the reference to the Legislative Instruments Act to refer to the Legislation
Act and updates the drafting of the subsection to reflect amendments to
section 12 made by the Acts and Instruments (Framework Reform) Act. The
previous subsection 12(2) provided that instruments do not have effect
where they would take effect before registration and could adversely impact
upon a person. Under subsection 12(3), this rule was subject to a contrary
intention in the enabling Act. Instead of providing that the entire instrument
has no effect, the amended subsection 12(2) provides that instruments do
not apply in relation to a particular person retrospectively where they would
have an adverse effect on that person. New subsection 12(3) expressly
provides that, subject to this limitation in relation to particular persons,
instruments may commence retrospectively. Accordingly, in order to
produce the same outcome as was produced by overriding the previous
subsection 12(2), the operation of amended subsection 12(2) is turned off
for instruments whose retrospective commencement is to apply to persons
even if those persons are adversely impacted by that retrospective
commencement.
Item 353 - Subsection 24(5)
403. Item 353 amends subsection 24(5) of the Liquid Fuel Emergency Act
to omit the references to section 42 and Part 6 of the Legislative Instruments
Act. Section 42 and Part 6 deal with disallowance and sunsetting of
legislative instruments respectively. This amendment removes an outdated
reference to the Legislative Instruments Act. It also removes the exemptions
from disallowance and sunsetting for instruments made under
subsection 24(1) of the Liquid Fuel Emergency Act, as those exemptions are
already covered by general exemptions in the tables in subsections 44(2)
and 54(2) of the Legislative Instruments Act. Those exemptions will be
consolidated into the Regulations. Accordingly, the legal effect of the
exemptions will be preserved.
Item 354 - At the end of subsection 24(5)
100
404. Item 354 adds notes at the end of subsection 24(5) of the Liquid Fuel
Emergency Act. The notes explain that section 42 (disallowance) and Part 4
of Chapter 3 (sunsetting) of the Legislation Act do not apply to instruments
made under section 24(1) of the Liquid Fuel Emergency Act, which are
prescribed by regulation for the purposes of paragraphs 44(2)(b)
and 54(2)(b) of the Legislation Act. These notes direct the reader to the
relevant regulations where the sunsetting and disallowance exemptions are
to be consolidated.
Item 355 - Subsection 24(8)
405. Item 355 repeals subsection 24(8) of the Liquid Fuel Emergency Act
which provides that despite subsection 12(2) of the Legislative Instruments
Act, instruments made under section 24 of the Liquid Fuel Emergency Act
may be expressed to take effect from a date before they are registered.
Subsection 24(8) is replaced with a new subsection which provides that
subsection 12(2) of the Legislation Act does not apply to the instruments.
406. This new subsection 24(8) of the Liquid Fuel Emergency Act updates
the reference to the Legislative Instruments Act to refer to the Legislation
Act and updates the drafting of the subsection to reflect amendments to
section 12 made by the Acts and Instruments (Framework Reform) Act. The
previous subsection 12(2) provided that instruments do not have effect
where they would take effect before registration and could adversely impact
upon a person. Under subsection 12(3), this rule was subject to a contrary
intention in the enabling Act. Instead of providing that the entire instrument
has no effect, the amended subsection 12(2) provides that instruments do
not apply in relation to a particular person retrospectively where they would
have an adverse effect on that person. New subsection 12(3) expressly
provides that, subject to this limitation in relation to particular persons,
instruments may commence retrospectively. Accordingly, in order to
produce the same outcome as was produced by overriding the previous
subsection 12(2), the operation of amended subsection 12(2) is turned off
for instruments whose retrospective commencement is to apply to persons
even if those persons are adversely impacted by that retrospective
commencement.
Local Government (Financial Assistance) Act 1995
Item 356 - Subsection 6(6)
407. Item 356 amends subsection 6(6) of the Local Government (Financial
Assistance) Act 1995 to omit the references to section 42 and Part 6 of the
101
Legislative Instruments Act. Section 42 and Part 6 deal with disallowance
and sunsetting of legislative instruments respectively. This amendment
removes an outdated reference to the Legislative Instruments Act. It also
removes the exemptions from disallowance and sunsetting for instruments
made under section 6 of the Local Government (Financial Assistance) Act,
as those exemptions already fall within subsections 44(1) and 54(1) of the
Legislative Instruments Act. Accordingly, the legal effect of the exemptions
will be preserved.
Item 357 - At the end of subsection 6(6)
408. Item 357 adds notes at the end of subsection 6(6) of the Local
Government (Financial Assistance) Act. The notes explain that
section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act do not apply to instruments made under section 6 of the
Local Government (Financial Assistance) Act as they are exempted under
subsections 44(1) and 54(1) of the Legislative Instruments Act. This note
directs the reader to the Legislation Act where this exemption will be
preserved.
Low Aromatic Fuel Act 2013
Item 358 - Subsection 9(1) (note 2)
409. Item 358 amends note 2 to subsection 9(1) of the Low Aromatic Fuel
Act 2013 to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
Marine Safety (Domestic Commercial Vessel) National Law Act 2012
Item 359 - Section 164
410. Item 359 amends section 164 of the Marine Safety (Domestic
Commercial Vessel) National Law Act 2012 to replace the reference to the
Legislative Instruments Act with a reference to the Legislation Act.
Item 360 - Subsection 165(5)
411. Item 360 repeals subsection 165(5) of the Marine Safety (Domestic
Commercial Vessel) National Law Act which provides that despite
subsection 12(2) of the Legislative Instruments Act, instruments made under
section 165 of the Marine Safety (Domestic Commercial Vessel) National
Law Act may be expressed to take effect from a date before they are
102
registered. Subsection 165(5) is replaced with a new subsection which
provides that subsection 12(2) of the Legislation Act does not apply to the
instruments.
412. This new subsection 165(5) of the Marine Safety (Domestic
Commercial Vessel) National Law Act updates the reference to the
Legislative Instruments Act to refer to the Legislation Act and updates the
drafting of the subsection to reflect amendments to section 12 made by the
Acts and Instruments (Framework Reform) Act. The previous
subsection 12(2) provided that instruments do not have effect where they
would take effect before registration and could adversely impact upon a
person. Under subsection 12(3), this rule was subject to a contrary intention
in the enabling Act. Instead of providing that the entire instrument has no
effect, the amended subsection 12(2) provides that instruments do not apply
in relation to a particular person retrospectively where they would have an
adverse effect on that person. New subsection 12(3) expressly provides that,
subject to this limitation in relation to particular persons, instruments may
commence retrospectively. Accordingly, in order to produce the same
outcome as was produced by overriding the previous subsection 12(2), the
operation of amended subsection 12(2) is turned off for instruments whose
retrospective commencement is to apply to persons even if those persons are
adversely impacted by that retrospective commencement.
Item 361 - Paragraph 165(6)(a)
413. Item 361 repeals paragraph 165(6)(a) of the Marine Safety (Domestic
Commercial Vessel) National Law Act and substitutes a new paragraph to
replace the reference to the Legislative Instruments Act with a reference to
the Legislation Act.
Medibank Private Sale Act 2006
Item 362 - At the end of subsections 3(3) and (4)
414. Item 362 adds a note at the end of subsections 3(3) and 3(4) of the
Medibank Private Sale Act 2006 to inform the reader that the Legislative
Instruments Act was renamed to the Legislation Act after the declaration
was made under subsection 3(1) of the Medibank Private Sale Act.
Item 363 - At the end of subitems 5(5) and 6(7) of Schedule 2
415. Item 363 adds a note at the end of subitems 5(5) and 6(7) of
Schedule 2 to the Medibank Private Sale Act to inform the reader that the
103
Legislative Instruments Act was renamed to the Legislation Act after the
instruments were made under subitem 5(4) and subparagraph 6(1)(i)(i) of
Schedule 2 to the Medibank Private Sale Act.
Medical Indemnity Act 2002
Item 364 - Subsection 4(1)
416. Item 364 adds a definition for Federal Register of Legislation to
subsection 4(1) of the Medical Indemnity Act 2002 to reflect the Register's
establishment by the Legislation Act.
Item 365 - Subsection 4(1) (definition of Federal Register of Legislative
Instruments)
417. Item 365 repeals the definition of Federal Register of Legislative
Instruments at subsection 4(1) of the Medical Indemnity Act to reflect
Part 4 (Federal Register of Legislative Instruments) of the Legislative
Instruments Act being repealed by the Acts and Instruments (Framework
Reform) Act.
Item 366 - Subsection 29(2)
418. Item 366 amends subsection 29(2) of the Medical Indemnity Act to
reflect changes to subsection 12(1) of the Legislative Instruments Act by the
Acts and Instruments (Framework Reform) Act, by changing 'take effect' to
'commence'. This item also replaces the reference to the Federal Register of
Legislative Instruments under the Legislative Instruments Act with a
reference to the Federal Register of Legislation under the Legislation Act.
Item 367 - Subsection 30(1A)
419. Item 367 amends subsection 30(1A) of the Medical Indemnity Act to
reflect changes to subsection 12(1) of the Legislative Instruments Act by the
Acts and Instruments (Framework Reform) Act, by changing 'take effect' to
'commence'.
Item 368 - Subsection 30(3)
420. Item 368 amends subsection 30(3) of the Medical Indemnity Act to
replace the reference to the Federal Register of Legislative Instruments
under the Legislative Instruments Act with a reference to the Federal
Register of Legislation under the Legislation Act. The amendment is
104
consequential on Part 4 (Federal Register of Legislative Instruments) of the
Legislative Instruments Act being repealed by the Acts and Instruments
(Framework Reform) Act, and section 15A of the Legislation Act providing
for the Federal Register of Legislation.
Item 369 - Subsection 34(2)
421. Item 369 amends subsection 34(2) of the Medical Indemnity Act to
reflect changes to subsection 12(1) of the Legislative Instruments Act by the
Acts and Instruments (Framework Reform) Act, by changing 'take effect' to
'commence'. This item also replaces the reference to the Federal Register of
Legislative Instruments under the Legislative Instruments Act with a
reference to the Federal Register of Legislation under the Legislation Act.
Item 370 - Subsections 34F(2) to (4)
422. Item 370 repeals subsections 34F(2) to (4) of the Medical Indemnity
Act and substitutes new subsections to reflect changes to subsection 12(1) of
the Legislative Instruments Act by the Acts and Instruments (Framework
Reform) Act by changing all references to 'take(s) effect' to references to
'commence(s)'. This item also replaces references to the Federal Register of
Legislative Instruments under the Legislative Instruments Act with
references to the Federal Register of Legislation under the Legislation Act.
Item 371 - Subsections 34G(2) and 34ZB(4)
423. Item 371 amends subsections 34G(2) and 34ZB(4) of the Medical
Indemnity Act to replace the references to the Federal Register of
Legislative Instruments under the Legislative Instruments Act with
references to the Federal Register of Legislation under the Legislation Act.
The amendment is consequential on Part 4 (Federal Register of Legislative
Instruments) of the Legislative Instruments Act being repealed by the Acts
and Instruments (Framework Reform) Act, and section 15A of the
Legislation Act providing for the Federal Register of Legislation.
Midwife Professional Indemnity (Commonwealth Contribution) Scheme
Act 2010
Item 372 - Subsection 5(1)
424. Item 372 adds a definition for Federal Register of Legislation to
subsection 5(1) of the Midwife Professional Indemnity (Commonwealth
105
Contribution) Scheme Act 2010 to reflect the Register's establishment by
the Legislation Act.
Item 373 - Subsection 5(1) (definition of Federal Register of Legislative
Instruments)
425. Item 373 repeals the definition of Federal Register of Legislative
Instruments at subsection 5(1) of the Midwife Professional Indemnity
(Commonwealth Contribution) Scheme Act to reflect Part 4 (Federal
Register of Legislative Instruments) of the Legislative Instruments Act
being repealed by the Acts and Instruments (Framework Reform) Act.
Item 374 - Subsections 10(3) and (4)
426. Item 374 amends subsections 10(3) and (4) of the Midwife
Professional Indemnity (Commonwealth Contribution) Scheme Act to
reflect changes to subsection 12(1) of the Legislative Instruments Act by the
Acts and Instruments (Framework Reform) Act, by changing the references
to 'takes effect' with references to 'commences'.
Item 375 - Subsection 10(5)
427. Item 375 amends subsection 10(5) of the Midwife Professional
Indemnity (Commonwealth Contribution) Scheme Act to reflect changes to
subsection 12(1) of the Legislative Instruments Act by the Acts and
Instruments (Framework Reform) Act, by changing 'takes effect' to
'commences'. This item also replaces the reference to the Federal Register
of Legislative Instruments under the Legislative Instruments Act with a
reference to the Federal Register of Legislation under the Legislation Act.
Item 376 - Subsection 11(3B)
428. Item 376 repeals subsection 11(3B) of the Midwife Professional
Indemnity (Commonwealth Contribution) Scheme Act which provides that,
despite subsection 12(2) of the Legislative Instruments Act, instruments
made under subsection 11(3A) of the Midwife Professional Indemnity
(Commonwealth Contribution) Scheme Act may be expressed to take effect
from a date before they are registered. Subsection 11(3B) of the Midwife
Professional Indemnity (Commonwealth Contribution) Scheme Act is
replaced with a new subsection, which provides that subsection 12(2) of the
Legislation Act does not apply to the instruments.
106
429. The new subsection 11(3B) of the Midwife Professional Indemnity
(Commonwealth Contribution) Scheme Act updates the reference to the
Legislative Instruments Act with a reference to the Legislation Act, and
updates the drafting of the subsection to reflect changes to section 12 of the
Legislative Instruments Act made by the Acts and Instruments (Framework
Reform) Act. The previous subsection 12(2) of the Legislative
Instruments Act provided that instruments do not have effect where they
would take effect before registration and could adversely impact upon a
person. Under subsection 12(3) of the Legislative Instruments Act, this rule
was subject to a contrary intention in the enabling Act. Instead of providing
that the entire instrument has no effect, the amended subsection 12(2) of the
Legislation Act provides that instruments do not apply in relation to a
particular person retrospectively where they would have an adverse effect
on that person. New subsection 12(3) of the Legislation Act expressly
provides that, subject to this limitation in relation to particular persons,
instruments may commence retrospectively. Accordingly, in order to
produce the same outcome as was produced by overriding the previous
subsection 12(2) of the Legislative Instruments Act, the operation of
amended subsection 12(2) of the Legislation Act is turned off for
instruments whose retrospective commencement is to apply to persons even
if those persons are adversely impacted by that retrospective
commencement.
Item 377 - Subsection 16(2)
430. Item 377 amends subsection 16(2) of the Midwife Professional
Indemnity (Commonwealth Contribution) Scheme Act to reflect changes to
subsection 12(1) of the Legislative Instruments Act by the Acts and
Instruments (Framework Reform) Act, by changing 'takes effect' to
'commence'.
Item 378 - Subsection 31(7)
431. Item 378 repeals subsection 31(7) of the Midwife Professional
Indemnity (Commonwealth Contribution) Scheme Act which provides that,
despite subsection 12(2) of the Legislative Instruments Act, instruments
made under subsection 31(6) of the Midwife Professional Indemnity
(Commonwealth Contribution) Scheme Act may be expressed to take effect
from a date before they are registered. Subsection 31(7) of the Midwife
Professional Indemnity (Commonwealth Contribution) Scheme Act is
replaced with a new subsection, which provides that subsection 12(2) of the
Legislation Act does not apply to the instruments.
107
432. The new subsection 31(7) of the Midwife Professional Indemnity
(Commonwealth Contribution) Scheme Act updates the reference to the
Legislative Instruments Act with a reference to the Legislation Act, and
updates the drafting of the subsection to reflect changes to section 12 of the
Legislative Instruments Act made by the Acts and Instruments (Framework
Reform) Act. The previous subsection 12(2) of the Legislative Instruments
Act provided that instruments do not have effect where they would take
effect before registration and could adversely impact upon a person. Under
subsection 12(3) of the Legislative Instruments Act, this rule was subject to
a contrary intention in the enabling Act. Instead of providing that the entire
instrument has no effect, the amended subsection 12(2) of the
Legislation Act provides that instruments do not apply in relation to a
particular person retrospectively where they would have an adverse effect
on that person. New subsection 12(3) of the Legislation Act expressly
provides that, subject to this limitation in relation to particular persons,
instruments may commence retrospectively. Accordingly, in order to
produce the same outcome as was produced by overriding the previous
subsection 12(2) of the Legislative Instruments Act, the operation of
amended subsection 12(2) of the Legislation Act is turned off for
instruments whose retrospective commencement is to apply to persons even
if those persons are adversely impacted by that retrospective
commencement.
Item 379 - Subsection 90(4)
433. Item 379 amends subsection 90(4) of the Midwife Professional
Indemnity (Commonwealth Contribution) Scheme Act to replace the
reference to the Legislative Instruments Act with a reference to the
Legislation Act.
Migration Act 1958
Item 380 - Subsections 9A(7) and 39(1)
434. Item 380 amends subsections 9A(7) and 39(1) of the Migration Act
1958 to replace the references to the Legislative Instruments Act with
references to the Legislation Act.
Item 381 - Subsection 39A(4)
435. Item 381 amends subsection 39A(4) of the Migration Act to reflect
changes to section 44 of the Legislative Instruments Act by the Acts and
Instruments (Framework Reform) Act and to update the reference to the
108
Legislative Instruments Act with a reference to the Legislation Act. The
current section 44 of the Legislative Instruments Act provides for
exemptions from disallowance, with general exemptions provided under
subsection 44(1) and specific exemptions listed in a table in
subsection 44(2). The table of exemptions is omitted from the amended
subsection 44(2) of the Legislation Act, and the exemptions are to be
consolidated into the regulations. Accordingly, the reference to section 44 of
the Legislative Instruments Act is updated to refer to 'regulations made for
the purposes of paragraph 44(2)(b) of the Legislation Act 2003'.
Item 382 - Subsection 45AA(8)
436. Item 382 repeals subsection 45AA(8) of the Migration Act and
substitutes a new subsection 45AA(8) to replace references to the
Legislative Instruments Act with references to the Legislation Act.
Item 383 - Subsection 140GBC(5)
437. Item 383 amends subsection 140GBC(5) of the Migration Act to
reflect changes to section 44 of the Legislative Instruments Act by the Acts
and Instruments (Framework Reform) Act, and to update the reference to
the Legislative Instruments Act with a reference to the Legislation Act. The
current section 44 of the Legislative Instruments Act provides for
exemptions from disallowance, with general exemptions provided under
subsection 44(1) and specific exemptions listed in a table in
subsection 44(2). The table of exemptions is omitted from the amended
subsection 44(2) of the Legislation Act, and the exemptions are to be
consolidated into the regulations. Accordingly, the reference to section 44 of
the Legislative Instruments Act is updated to refer to 'regulations made for
the purposes of paragraph 44(2)(b) of the Legislation Act 2003'.
Item 384 - Subsection 198AB(1B)
438. Item 384 amends subsection 198AB(1B) of the Migration Act to
replace the reference to the Legislative Instruments Act with a reference to
the Legislation Act.
Item 385 - Subsection 504(2)
439. Item 385 repeals subsection 504(2) of the Migration Act and
substitutes a new subsection to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act. This item also
replaces the reference to 'taking effect' with a reference to
109
'commencement', which reflects changes to subsection 12(1) of the
Legislative Instruments Act by the Acts and Instruments (Framework
Reform) Act.
Military Superannuation and Benefits Act 1991
Item 386 - Subsection 5A(3)
440. Item 386 repeals subsection 5A(3) of the Military Superannuation
and Benefits Act 1991 which provides that subsection 12(2) of the
Legislative Instruments Act does not apply to amendments referred to in
subsection 5A(1) of the Military Superannuation and Benefits Act.
Subsection 5A(3) is replaced with a new subsection, which provides that
subsection 12(2) of the Legislation Act does not apply to the instruments.
441. This new subsection 5A(3) of the Military Superannuation and
Benefits Act updates the reference to the Legislative Instruments Act with a
reference to the Legislation Act, and updates the drafting of the subsection
to reflect changes to section 12 of the Legislative Instruments Act made by
the Acts and Instruments (Framework Reform) Act. The previous
subsection 12(2) of the Legislative Instruments Act provided that
instruments do not have effect where they would take effect before
registration and could adversely impact upon a person. Under
subsection 12(3) of the Legislative Instruments Act, this rule was subject to
a contrary intention in the enabling Act. Instead of providing that the entire
instrument has no effect, the amended subsection 12(2) of the Legislation
Act provides that instruments do not apply in relation to a particular person
retrospectively where they would have an adverse effect on that person.
New subsection 12(3) of the Legislation Act expressly provides that, subject
to this limitation in relation to particular persons, instruments may
commence retrospectively. Accordingly, in order to produce the same
outcome as was produced by overriding the previous subsection 12(2) of the
Legislative Instruments Act, the operation of amended subsection 12(2) of
the Legislation Act is turned off for instruments whose retrospective
commencement is to apply to persons even if those persons are adversely
impacted by that retrospective commencement.
Item 387 - Section 49 (heading)
442. Item 387 repeals the heading to section 49 of the Military
Superannuation and Benefits Act and substitutes a new heading to replace
the reference to the Legislative Instruments Act with a reference to the
Legislation Act.
110
Item 388 - Section 49
443. Item 388 amends section 49 of the Military Superannuation and
Benefits Act to reflect changes to section 44 of the Legislative Instruments
Act by the Acts and Instruments (Framework Reform) Act, and to update
the reference to the Legislative Instruments Act with a reference to the
Legislation Act. The current section 44 of the Legislative Instruments Act
provides for exemptions from disallowance, with general exemptions
provided under subsection 44(1) and specific exemptions listed in a table in
subsection 44(2). The table of exemptions is omitted from the amended
subsection 44(2) of the Legislation Act, and the exemptions are to be
consolidated into the regulations. Accordingly, the reference to section 44 of
the Legislative Instruments Act is updated to refer to 'regulations made for
the purposes of paragraph 44(2)(b) of the Legislation Act 2003'. This item
also inserts '(disallowance)' after the reference to section 42 of the
Legislation Act.
Mutual Assistance in Criminal Matters Act 1987
Item 389 - Subsection 13A(5)
444. Item 389 amends subsection 13A(5) of the Mutual Assistance in
Criminal Matters Act 1987 to omit the phrase 'for the purposes of the
Legislative Instruments Act 2003'. This phrase is no longer necessary when
referring to legislative instruments, as the definition of legislative
instrument is centrally provided by section 8 of the Legislation Act. That
definition is generally applied by section 2B of the Acts Interpretation Act
(as amended by the Acts and Instruments (Framework Reform) Act).
National Blood Authority Act 2003
Item 390 - Subsection 10(3) (note)
445. Item 390 amends the note to subsection 10(3) of the National Blood
Authority Act 2003 to replace the reference to the Legislative Instruments
Act with a reference to the Legislation Act.
National Broadband Network Companies Act 2011
Item 391-392 - Subsection 41(1) (note 3) and 41(3) (note 2)
446. Items 391 and 392 amend note 3 to subsection 41(1) and note 2 to
subsection 41(3) of the National Broadband Network Companies Act 2011
111
to replace the references to the Legislative Instruments Act with references
to the Legislation Act.
Item 393 - Subsections 49(7), 54(9), 55(7) and 85(3) and (4)
447. Item 393 amends subsections 49(7), 54(9), 55(7), and 85(3) and (4)
of the National Broadband Network Companies Act to replace references to
the Legislative Instruments Act with references to the Legislation Act.
Item 394 - After subsection 85(4)
448. Item 394 adds a new subsection after subsection 85(4) of the National
Broadband Network Companies Act, which provides that subsection 12(2)
of the Legislation Act does not apply to declarations made under
subsection 85(2) of the National Broadband Network Companies Act.
449. The new subsection 85(4A) of the National Broadband Network
Companies Act reflects changes to section 12 of the Legislative Instruments
Act made by the Acts and Instruments (Framework Reform) Act. The
previous subsection 12(2) of the Legislative Instruments Act provided that
instruments do not have effect where they would take effect before
registration and could adversely impact upon a person. Under
subsection 12(3) of the Legislative Instruments Act, this rule was subject to
a contrary intention in the enabling Act. Instead of providing that the entire
instrument has no effect, the amended subsection 12(2) of the
Legislation Act provides that instruments do not apply in relation to a
particular person retrospectively where they would have an adverse effect
on that person. New subsection 12(3) of the Legislation Act expressly
provides that, subject to this limitation in relation to particular persons,
instruments may commence retrospectively. Accordingly, in order to
produce the same outcome as was produced by overriding the previous
subsection 12(2) of the Legislative Instruments Act, the operation of
amended subsection 12(2) of the Legislation Act is turned off for
instruments whose retrospective commencement is to apply to persons even
if those persons are adversely impacted by that retrospective
commencement.
National Disability Insurance Scheme Act 2013
Item 395 - Section 10 (note)
112
450. Item 395 amends the note to section 10 of the National Disability
Insurance Scheme Act 2013 to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
Item 396 - Subsection 121(1) (note)
451. Item 396 repeals the note to subsection 121(1) of the National
Disability Insurance Scheme Act and substitutes a new note to replace the
reference to the Legislative Instruments Act with a reference to the
Legislation Act, and direct the reader to the relevant regulations where
sunsetting and disallowance exemptions are to be consolidated.
Item 397 - Subsection 209(2)
452. Item 397 amends subsection 209(2) of the National Disability
Insurance Scheme Act to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
National Environment Protection Council Act 1994
Item 398 - Subsection 21(2)
453. Item 398 amends subsection 21(2) of the National Environment
Protection Council Act 1994 to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
National Film and Sound Archive of Australia Act 2008
Item 399 - Subsection 42(1) (notes 1 and 2)
454. Item 399 repeals the notes to subsection 42(1) of the National Film
and Sound Archive of Australia Act 2008, and substitutes new notes to
replace the references to the Legislative Instruments Act with references to
the Legislation Act, and direct the reader to the relevant regulations where
sunsetting and disallowance exemptions are to be consolidated.
National Health Act 1953
Item 400 - Subsection 135AA(8)
455. Item 400 repeals subsection 135AA(8) of the National Health Act
1953 and substitutes a new subsection to reflect changes to subsection 12(1)
of the Legislative Instruments Act by the Acts and Instruments (Framework
Reform) Act, by changing 'take effect' to 'commence'. This item also
113
replaces the reference to the Legislative Instruments Act with a reference to
the Legislation Act.
National Health Reform Act 2011
Item 401 - Section 5 (note at the end of the definition of local hospital
network)
456. Item 401 amends the note at the end of the definition of local hospital
network of section 5 of the National Health Reform Act 2011 to replace the
reference to the Legislative Instruments Act with a reference to the
Legislation Act.
National Health Security Act 2007
Items 402-403 - Subsections 60A(4) and (5), 60B(4) and (5)
457. Items 402 and 403 repeal subsections 60A(4) and (5), and 60B(4)
and (5) of the National Health Security Act 2007, and substitute new
subsections 60A(4), (5) and (5A), and 60B(4), (5) and (5A). This is to
reflect changes made to section 12 of the Legislative Instruments Act by the
Acts and Instruments (Framework Reform) Act, and to replace the
references to 'take(s) effect' with references to 'commence(s)'. These items
also replace references to the Legislative Instruments Act with references to
the Legislation Act.
458. The new subsections 60A(5A) and 60B(5A) of the National Health
Security Act provide that subsection 12(2) of the Legislation Act does not
apply to the instruments made under subsections 60A(1A), (1) or (1B),
or 60B(1) of the National Health Security Act. This is to reflect changes
made to subsection 12(2) of the Legislative Instruments Act by the Acts and
Instruments (Framework Reform) Act. The previous subsection 12(2) of the
Legislative Instruments Act provided that instruments do not have effect
where they would take effect before registration and could adversely impact
upon a person. Under subsection 12(3) of the Legislative Instruments Act,
this rule was subject to a contrary intention in the enabling Act. Instead of
providing that the entire instrument has no effect, the amended
subsection 12(2) of the Legislation Act provides that instruments do not
apply in relation to a particular person retrospectively where they would
have an adverse effect on that person. New subsection 12(3) of the
Legislative Instruments Act expressly provides that, subject to this
limitation in relation to particular persons, instruments may commence
retrospectively. Accordingly, in order to produce the same outcome as was
114
produced by overriding the previous subsection 12(2) of the Legislative
Instruments Act, the operation of amended subsection 12(2) of the
Legislation Act is turned off for instruments whose retrospective
commencement is to apply to persons even if those persons are adversely
impacted by that retrospective commencement.
National Land Transport Act 2014
Item 404 - Subsection 5(4)
459. Item 404 amends subsection 5(4) of the National Land Transport Act
2014 to omit the references to section 42 and Part 6 of the Legislative
Instruments Act, and replace them with a reference to
section 42 (disallowance) of the Legislation Act. Part 6 deals with
sunsetting of legislative instruments. The amendment removes an outdated
reference to Part 6 of the Legislative Instruments Act. This amendment also
removes the exemption from sunsetting for instruments made under
section 5 of the National Land Transport Act, as that exemption is to be
transferred to a consolidated list of sunsetting exemptions in the regulations.
Accordingly, the legal effect of the sunsetting exemption will be preserved.
Item 405 - At the end of subsection 5(4)
460. Item 405 adds a new note at the end of subsection 5(4) of the
National Land Transport Act to explain that Part 4 of Chapter 3 (sunsetting)
of the Legislation Act does not apply to instruments made under section 5 of
the National Land Transport Act, which are prescribed by regulation for the
purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the
reader to the relevant regulations where the sunsetting exemptions are to be
consolidated.
Item 406 - Subsection 6(3)
461. Item 406 amends subsection 6(3) of the National Land Transport Act
to omit the references to section 42 and Part 6 of the Legislative Instruments
Act, and replace them with a reference to section 42 (disallowance) of the
Legislation Act. Part 6 deals with sunsetting of legislative instruments. The
amendment removes an outdated reference to Part 6 of the Legislative
Instruments Act. This amendment also removes the exemption from
sunsetting for instruments made under section 6 of the National Land
Transport Act, as that exemption is to be transferred to a consolidated list of
sunsetting exemptions in the regulations. Accordingly, the legal effect of the
sunsetting exemption will be preserved.
115
Item 407 - At the end of subsection 6(3)
462. Item 407 adds a new note at the end of subsection 6(3) of the
National Land Transport Act to explain that Part 4 of Chapter 3 (sunsetting)
of the Legislation Act does not apply to instruments made under section 6 of
the National Land Transport Act, which are prescribed by regulation for the
purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the
reader to the relevant regulations where the sunsetting exemptions are to be
consolidated.
Item 408 - Section 7 (note)
463. Item 408 amends the note to section 7 of the National Land Transport
Act to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
Item 409 - Subsections 9(2), 15(4), 17(4), 24(3), 25(5) and 26(4)
464. Item 409 amends subsections 9(2), 15(4), 17(4), 24(3), 25(5)
and 26(4) of the National Land Transport Act to omit the phrase 'for the
purposes of the Legislative Instruments Act 2003'. This phrase is no longer
necessary when referring to legislative instruments, as the definition of
legislative instrument is centrally provided by section 8 of the Legislation
Act. That definition is generally applied by section 2B of the Acts
Interpretation Act (as amended by the Acts and Instruments (Framework
Reform) Act).
Item 410 - Subsection 27(4)
465. Item 410 amends subsection 27(4) of the National Land Transport
Act to omit the phrase 'for the purposes of the Legislative Instruments Act
2003'. This phrase is no longer necessary when referring to legislative
instruments, as the definition of legislative instrument is centrally provided
by section 8 of the Legislation Act. That definition is generally applied by
section 2B of the Acts Interpretation Act (as amended by the Acts and
Instruments (Framework Reform) Act).
466. This item also amends the subsection to omit the references to
section 42 and Part 6 of the Legislative Instruments Act, and replace them
with a reference to section 42 (disallowance) of the Legislation Act. Part 6
deals with sunsetting of legislative instruments. The amendment removes an
outdated reference to Part 6 of the Legislative Instruments Act. This
amendment also removes the exemption from sunsetting for instruments
116
made under section 27 of the National Land Transport Act, as that
exemption is to be transferred to a consolidated list of sunsetting exemptions
in the regulations. Accordingly, the legal effect of the sunsetting exemption
will be preserved.
Item 411 - At the end of subsection 27(4)
467. Item 411 adds a new note at the end of subsection 27(4) of the
National Land Transport Act to explain that Part 4 of Chapter 3 (sunsetting)
of the Legislation Act does not apply to instruments made under section 27
of the National Land Transport Act, which are prescribed by regulation for
the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs
the reader to the relevant regulations where the sunsetting exemptions are to
be consolidated.
Item 412 - Subsection 27(5)
468. Item 412 amends subsection 27(5) of the National Land Transport
Act to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
Item 413 - Subsections 29(2), 35(4), 37(4) and 43(4)
469. Item 413 amends subsections 29(2), 35(4), 37(4) and 43(4) of the
National Land Transport Act to omit the phrase 'for the purposes of the
Legislative Instruments Act 2003'. This phrase is no longer necessary when
referring to legislative instruments, as the definition of legislative
instrument is centrally provided by section 8 of the Legislation Act. That
definition is generally applied by section 2B of the Acts Interpretation Act
(as amended by the Acts and Instruments (Framework Reform) Act).
Item 414 - Subsection 44(4)
470. Item 414 amends subsection 44(4) of the National Land Transport
Act to omit the phrase 'for the purposes of the Legislative Instruments Act
2003'. This phrase is no longer necessary when referring to legislative
instruments, as the definition of legislative instrument is centrally provided
by section 8 of the Legislation Act. That definition is generally applied by
section 2B of the Acts Interpretation Act (as amended by the Acts and
Instruments (Framework Reform) Act).
471. This item also amends the subsection to omit the references to
section 42 and Part 6 of the Legislative Instruments Act, and replace them
117
with a reference to section 42 (disallowance) of the Legislation Act. Part 6
deals with sunsetting of legislative instruments. The amendment removes an
outdated reference to Part 6 of the Legislative Instruments Act. This
amendment also removes the exemption from sunsetting for instruments
made under section 44 of the National Land Transport Act, as that
exemption is to be transferred to a consolidated list of sunsetting exemptions
in the regulations. Accordingly, the legal effect of the sunsetting exemption
will be preserved.
Item 415 - At the end of subsection 44(4)
472. Item 415 adds a new note at the end of subsection 44(4) of the
National Land Transport Act to explain that Part 4 of Chapter 3 (sunsetting)
of the Legislation Act does not apply to instruments made under section 44
of the National Land Transport Act, which are prescribed by regulation for
the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs
the reader to the relevant regulations where the sunsetting exemptions are to
be consolidated.
Item 416 - Subsection 44(5)
473. Item 416 amends subsection 44(5) of the National Land Transport
Act to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
Item 417 - Subsections 46(6), 70(2), 76(4), 78(4) and 85(4)
474. Item 417 amends subsections 46(6), 70(2), 76(4), 78(4) and 85(4) of
the National Land Transport Act to omit the phrase 'for the purposes of the
Legislative Instruments Act 2003'. This phrase is no longer necessary when
referring to legislative instruments, as the definition of legislative
instrument is centrally provided by section 8 of the Legislation Act. That
definition is generally applied by section 2B of the Acts Interpretation Act
(as amended by the Acts and Instruments (Framework Reform) Act).
Item 418 - Subsection 86(4)
475. Item 418 amends subsection 86(4) of the National Land Transport
Act to omit the phrase 'for the purposes of the Legislative Instruments Act
2003'. This phrase is no longer necessary when referring to legislative
instruments, as the definition of legislative instrument is centrally provided
by section 8 of the Legislation Act. That definition is generally applied by
118
section 2B of the Acts Interpretation Act (as amended by the Acts and
Instruments (Framework Reform) Act).
476. This item also amends the subsection to omit the references to
section 42 and Part 6 of the Legislative Instruments Act, and replace them
with a reference to section 42 (disallowance) of the Legislation Act. Part 6
deals with sunsetting of legislative instruments. The amendment removes an
outdated reference to Part 6 of the Legislative Instruments Act. This
amendment also removes the exemption from sunsetting for instruments
made under section 86 of the National Land Transport Act, as that
exemption is to be transferred to a consolidated list of sunsetting exemptions
in the regulations. Accordingly, the legal effect of the sunsetting exemption
will be preserved.
Item 419 - At the end of subsection 86(4)
477. Item 419 adds a new note at the end of subsection 86(4) of the
National Land Transport Act to explain that Part 4 of Chapter 3 (sunsetting)
of the Legislation Act does not apply to instruments made under section 86
of the National Land Transport Act, which are prescribed by regulation for
the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs
the reader to the relevant regulations where the sunsetting exemptions are to
be consolidated.
Item 420 - Subsections 86(5), 87(2) and 88(5)
478. Item 420 amends subsections 86(5), 87(2) and 88(5) of the National
Land Transport Act to replace references to the Legislative Instruments Act
with references to the Legislation Act.
Item 421 - Subsection 89(5)
479. Item 421 amends subsection 89(5) of the National Land Transport
Act to omit the phrase 'for the purposes of the Legislative Instruments Act
2003'. This phrase is no longer necessary when referring to legislative
instruments, as the definition of legislative instrument is centrally provided
by section 8 of the Legislation Act. That definition is generally applied by
section 2B of the Acts Interpretation Act (as amended by the Acts and
Instruments (Framework Reform) Act).
Item 422 - Subsection 90(6)
119
480. Item 422 amends subsection 90(6) of the National Land Transport
Act to omit the phrase 'for the purposes of the Legislative Instruments Act
2003'. This phrase is no longer necessary when referring to legislative
instruments, as the definition of legislative instrument is centrally provided
by section 8 of the Legislation Act. That definition is generally applied by
section 2B of the Acts Interpretation Act (as amended by the Acts and
Instruments (Framework Reform) Act).
481. This item also amends the subsection to omit the references to
section 42 and Part 6 of the Legislative Instruments Act, and replace them
with a reference to section 42 (disallowance) of the Legislation Act. Part 6
deals with sunsetting of legislative instruments. The amendment removes an
outdated reference to Part 6 of the Legislative Instruments Act. This
amendment also removes the exemption from sunsetting for instruments
made under section 90 of the National Land Transport Act, as that
exemption is to be transferred to a consolidated list of sunsetting exemptions
in the regulations. Accordingly, the legal effect of the sunsetting exemption
will be preserved.
Item 423 - At the end of subsection 90(6)
482. Item 423 adds a new note at the end of subsection 90(6) of the
National Land Transport Act to explain that Part 4 of Chapter 3 (sunsetting)
of the Legislation Act does not apply to instruments made under section 90
of the National Land Transport Act, which are prescribed by regulation for
the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs
the reader to the relevant regulations where the sunsetting exemptions are to
be consolidated.
Item 424 - Subsection 90(7)
483. Item 424 amends subsection 90(7) of the National Land Transport
Act to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
Item 425 - Subsection 91(4)
484. Item 425 amends subsection 91(4) of the National Land Transport
Act to omit the phrase 'for the purposes of the Legislative Instruments Act
2003'. This phrase is no longer necessary when referring to legislative
instruments, as the definition of legislative instrument is centrally provided
by section 8 of the Legislation Act. That definition is generally applied by
120
section 2B of the Acts Interpretation Act (as amended by the Acts and
Instruments (Framework Reform) Act).
National Portrait Gallery of Australia Act 2012
Item 426 - Subsection 50(1) (note)
485. Item 426 repeals the note to subsection 50(1) of the National Portrait
Gallery of Australia Act 2012 and substitutes a new note to replace the
reference to the Legislative Instruments Act with a reference to the
Legislation Act, and direct the reader to the relevant regulations where
sunsetting and disallowance exemptions are to be consolidated.
National Rental Affordability Scheme Act 2008
Item 427 - Subsection 12(1)
486. Item 427 omits the number (1) from subsection 12(1) of the National
Rental Affordability Scheme Act 2008 as subsection 12(2) of the National
Rental Affordability Scheme Act is being repealed by item 428 without
being substituted, and there are no other existing subsections in that section.
Item 428 - Subsection 12(2)
487. Item 428 repeals subsection 12(2) of the National Rental
Affordability Scheme Act which, prior to its repeal, provided that, despite
subsection 12(2) of the Legislative Instruments Act, regulations made
before 1 July 2009 under the National Rental Affordability Scheme Act may
be expressed to take effect from a date before they are registered. The first
set of regulations made under the National Rental Affordability Scheme Act
relied on this provision and provided that the National Rental Affordability
Scheme Regulations 2008 were taken to have commenced on 1 July 2008
(Regulation 2), which enabled allocations under the scheme to have been
taken to have operated back to that date under paragraph 14(1)(a) of the
National Rental Affordability Scheme Regulations. Subsection 12(2) of the
National Rental Affordability Scheme Act is no longer necessary as
1 July 2009 has passed, and no new regulations are therefore able to be
made before that date. As such, the subsection is spent and its repeal does
not alter existing arrangements, including in relation to allocations under the
National Rental Affordability Scheme that were taken to have operated
before the day an allocation was made by the Secretary.
National Security Information (Criminal and Civil Proceedings) Act 2004
121
Item 429 - Subsections 6A(6), 26(6), 28(9), 38F(8), 38H(10) and 39A(7)
488. Item 429 amends subsections 6A(6), 26(6), 28(9), 38F(8), 38H(10)
and 39A(7) of the National Security Information (Criminal and Civil
Proceedings) Act 2004 to omit the phrase 'for the purposes of the
Legislative Instruments Act 2003'. This phrase is no longer necessary when
referring to legislative instruments, as the definition of legislative
instrument is centrally provided by section 8 of the Legislation Act. That
definition is generally applied by section 2B of the Acts Interpretation Act
(as amended by the Acts and Instruments (Framework Reform) Act).
National Vocational Education and Training Regulator Act 2011
Item 430 - Subsection 7(3) (note)
489. Item 430 repeals the note to subsection 7(3) of the National
Vocational Education and Training Regulator Act 2011 and substitutes a
new note to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act, and direct the reader to the relevant
regulations where disallowance exemptions are to be consolidated.
Items 431-432 - Subsection 54(1) (note) and 157(3) (note 2)
490. Items 431 and 432 repeal the note to subsection 54(1) and note 2 to
subsection 157(3) of the National Vocational Education and Training
Regulator Act, and substitute new notes to replace the references to the
Legislative Instruments Act with references to the Legislation Act, and
direct the reader to the relevant regulations where sunsetting and
disallowance exemptions are to be consolidated.
Item 433 - Subsection 158(3)
491. Item 433 amends subsection 158(3) of the National Vocational
Education and Training Regulator Act to replace the reference to the
Legislative Instruments Act with a reference to the Legislation Act.
Items 434-437 - Subsections 160(1) and 181(1) (note), and
subsections 185(1), 186(1), 187(1), 188(1) and 189(1) (note 1)
492. Items 434 to 437 repeal the notes to subsections 160(1) and 181(1),
and notes 1 to subsections 185(1), 186(1), 187(1), 188(1) and 189(1) of the
National Vocational Education and Training Regulator Act, and substitute
new notes to replace the references to the Legislative Instruments Act with
122
references to the Legislation Act, and direct the reader to the relevant
regulations where sunsetting and disallowance exemptions are to be
consolidated.
Item 438 - Subsection 191A(2)
493. Item 438 amends subsection 191A(2) of the National Vocational
Education and Training Regulator Act to replace the reference to the
Legislative Instruments Act with a reference to the Legislation Act.
Item 439 - Subsection 232(1) (note)
494. Item 439 repeals the note to subsection 232(1) of the National
Vocational Education and Training Regulator Act and substitutes a new
note to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act, and direct the reader to the relevant
Regulations where sunsetting and disallowance exemptions are to be
consolidated.
Nation-building Funds Act 2008
Item 440 - Section 5 (note)
495. Item 440 amends the note to section 5 of the Nation-building Funds
Act 2008 to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
Item 441 - subsections 14(5), 15(3) and 17(3)
496. Item 441 amends subsections 14(5), 15(3) and 17(3) of the
Nation-building Funds Act to replace the references to the Legislative
Instruments Act with references to the Legislation Act.
Item 442 - Subsection 35(11) (notes 1 and 2)
497. Item 442 repeals the notes to subsection 35(11) of the
Nation-building Funds Act and substitutes new notes to replace the
references to the Legislative Instruments Act with references to the
Legislation Act, and direct the reader to the relevant regulations where
sunsetting and disallowance exemptions are to be consolidated.
Item 443 - Subsection 37(2) (note)
123
498. Item 443 amends the note to subsection 37(2) of the Nation-building
Funds Act to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
Item 444 - Subsection 134(3)
499. Item 444 amends subsection 134(3) of the Nation-building Funds Act
to replace the reference to the Legislative Instruments Act with a reference
to the Legislation Act.
Item 445 - Subsection 154(11) (notes 1 and 2)
500. Item 445 repeals the notes to subsection 154(11) of the
Nation-building Funds Act and substitutes new notes to replace the
references to the Legislative Instruments Act with references to the
Legislation Act, and direct the reader to the relevant regulations where
sunsetting and disallowance exemptions are to be consolidated.
Item 446 - Subsection 156(2) (note)
501. Item 446 amends the note to subsection 156(2) of the Nation-building
Funds Act to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
Item 447 - Subsections 216(5) and 217(3)
502. Item 447 amends subsections 216(5) and 217(3) of the
Nation-building Funds Act to replace the references to the Legislative
Instruments Act with references to the Legislation Act.
Item 448 - Subsection 229(11) (notes 1 and 2)
503. Item 448 repeals the notes to subsection 229(11) of the
Nation-building Funds Act and substitutes new notes to replace the
references to the Legislative Instruments Act with references to the
Legislation Act, and direct the reader to the relevant regulations where
sunsetting and disallowance exemptions are to be consolidated.
Item 449 - Subsection 231(2) (note)
504. Item 449 amends the note to subsection 231(2) of the Nation-building
Funds Act to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
124
Native Title Act 1993
Item 450 - Subsections 203CA(6) and 203FE(3A)
505. Item 450 amends subsections 203CA(6) and 203FE(3A) of the Native
Title Act 1993 to omit the phrase 'for the purposes of the Legislative
Instruments Act 2003'. This phrase is no longer necessary when referring to
legislative instruments, as the definition of legislative instrument is
centrally provided by section 8 of the Legislation Act. That definition is
generally applied by section 2B of the Acts Interpretation Act (as amended
by the Acts and Instruments (Framework Reform) Act).
Item 451 - Section 253 (definition of Commonwealth Minister)
506. Item 451 amends section 253 of the Native Title Act to replace the
reference to section 19A of the Acts Interpretation Act with a reference to
section 19 of the Acts Interpretation Act. This amendment is consequential
on amendments made by the Acts and Instruments (Framework Reform)
Act.
Navigation Act 2012
Item 452 - Subsections 341(2) and 342(4)
507. Item 452 amends subsections 341(2) and 342(4) of the Navigation
Act 2012 to replace the references to the Legislative Instruments Act with
references to the Legislation Act.
Offshore Petroleum and Greenhouse Gas Storage Act 2006
Item 453 - Subsections 58(2), 61(3), 66(8), 106(9), 574(10) and (11),
615(4), 616(11), 647(6), 654(2), 657(3) and (4) and 677(4)
508. Item 453 amends subsections 58(2), 61(3), 66(8), 106(9), 574(10)
and (11), 615(4), 616(11), 647(6), 654(2), 657(3) and (4), and 677(4) of the
Offshore Petroleum and Greenhouse Gas Storage Act 2006 to omit the
phrase 'for the purposes of the Legislative Instruments Act 2003'. This
phrase is no longer necessary when referring to legislative instruments, as
the definition of legislative instrument is centrally provided by section 8 of
the Legislation Act. That definition is generally applied by section 2B of the
Acts Interpretation Act (as amended by the Acts and Instruments
(Framework Reform) Act).
125
Item 454 - Subsection 689(2) (note)
509. Item 454 amends the note to subsection 689(2) of the Offshore
Petroleum and Greenhouse Gas Storage Act to replace the reference to the
Legislative Instruments Act with a reference to the Legislation Act.
Item 455 - Subsections 691(4) and (5), 692(14) and 697(6), (7) and (8)
510. Item 455 amends subsections 691(4) and (5), 692(14) and 697(6), (7)
and (8) of the Offshore Petroleum and Greenhouse Gas Storage Act to omit
the phrase 'for the purposes of the Legislative Instruments Act 2003'. This
phrase is no longer necessary when referring to legislative instruments, as
the definition of legislative instrument is centrally provided by section 8 of
the Legislation Act. That definition is generally applied by section 2B of the
Acts Interpretation Act (as amended by the Acts and Instruments
(Framework Reform) Act).
Item 456 - Subclause 46(1) of Schedule 3 (note)
511. Item 456 amends the note to subclause 46(1) of Schedule 3 to the
Offshore Petroleum and Greenhouse Gas Storage Act to replace the
reference to the Legislative Instruments Act with a reference to the
Legislation Act.
Item 457 - Subclause 46(3) of Schedule 3
512. Item 457 amends subclause 46(3) of Schedule 3 to the Offshore
Petroleum and Greenhouse Gas Storage Act to omit the phrase 'for the
purposes of the Legislative Instruments Act 2003'. This phrase is no longer
necessary when referring to legislative instruments, as the definition of
legislative instrument is centrally provided by section 8 of the Legislation
Act. That definition is generally applied by section 2B of the Acts
Interpretation Act (as amended by the Acts and Instruments (Framework
Reform) Act).
Item 458 - Paragraph 4(2)(b) of Schedule 6
513. Item 458 amends paragraph 4(2)(b) of Schedule 6 of the Offshore
Petroleum and Greenhouse Gas Storage Act to replace the reference to the
Legislative Instruments Act with a reference to the Legislation Act.
Item 459 - Subclause 7(1) of Schedule 6 (note 1)
126
514. Item 459 amends note 1 at subclause 7(1) of Schedule 6 of the
Offshore Petroleum and Greenhouse Gas Storage Act to replace the
reference to the Legislative Instruments Act with a reference to the
Legislation Act.
Item 460 - Subclause 7(3) of Schedule 6
515. Item 460 amends subclause 7(3) of Schedule 6 of the Offshore
Petroleum and Greenhouse Gas Storage Act to omit the phrase 'for the
purposes of the Legislative Instruments Act 2003'. This phrase is no longer
necessary when referring to legislative instruments, as the definition of
legislative instrument is centrally provided by section 8 of the Legislation
Act. That definition is generally applied by section 2B of the Acts
Interpretation Act (as amended by the Acts and Instruments (Framework
Reform) Act).
Offshore Petroleum (Royalty) Act 2006
Item 461 - Subsections 6(5) and 14(4)
516. Item 461 amends subsections 6(5) and 14(4) of the Offshore
Petroleum (Royalty) Act 2006 to omit the phrase 'for the purposes of the
Legislative Instruments Act 2003'. This phrase is no longer necessary when
referring to legislative instruments, as the definition of legislative
instrument is centrally provided by section 8 of the Legislation Act. That
definition is generally applied by section 2B of the Acts Interpretation Act
(as amended by the Acts and Instruments (Framework Reform) Act).
Ombudsman Act 1976
Item 462 - Subsection 19ZE(4)
517. Item 462 amends subsection 19ZE(4) of the Ombudsman Act 1976 to
omit the phrase 'for the purposes of the Legislative Instruments Act 2003'.
This phrase is no longer necessary when referring to legislative instruments,
as the definition of legislative instrument is centrally provided by section 8
of the Legislation Act. That definition is generally applied by section 2B of
the Acts Interpretation Act (as amended by the Acts and Instruments
(Framework Reform) Act).
Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995
Item 463 - Subsection 4A(8)
127
518. Item 463 amends subsection 4A(8) of the Ozone Protection and
Synthetic Greenhouse Gas (Import Levy) Act 1995 to replace the reference
to the Legislative Instruments Act with a reference to the Legislation Act.
Ozone Protection and Synthetic Greenhouse Gas Management Act 1989
Item 464 - Subsections 8D(2) and 13(6B)
519. Item 464 amends subsections 8D(2) and 13(6B) of the Ozone
Protection and Synthetic Greenhouse Gas Management Act 1989 to replace
the references to the Legislative Instruments Act with references to the
Legislation Act.
Item 465 - Subsection 45(9)
520. Item 465 amends subsection 45(9) of the Ozone Protection and
Synthetic Greenhouse Gas Management Act to reflect changes to
subsection 12(1) of the Legislative Instruments Act by the Acts and
Instruments (Framework Reform) Act, by changing 'takes effect' to
'commences'. It also replaces the reference to the Legislative Instruments
Act with a reference to the Legislation Act.
Item 466 - Subsection 69F(10) (heading)
521. Item 466 repeals the heading to subsection 69F(10) of the Ozone
Protection and Synthetic Greenhouse Gas Management Act, and substitutes
a new heading to replace the reference to the Legislative Instruments Act
with a reference to the Legislation Act.
Item 467 - Subclause 10(1A) of Schedule 4 (note)
522. Item 467 amends the note to subclause 10(1A) of Schedule 4 to the
Ozone Protection and Synthetic Greenhouse Gas Management Act to
replace the reference to the Legislative Instruments Act with a reference to
the Legislation Act.
Parliamentary Contributory Superannuation Act 1948
Item 468 - Subsection 22CK(2)
523. Item 468 amends section 22CK(2) of the Parliamentary Contributory
Superannuation Act 1948 to reflect changes to section 44 of the Legislative
Instruments Act by the Acts and Instruments (Framework Reform) Act, and
128
to update the reference to the Legislative Instruments Act to refer to the
Legislation Act. The current section 44 of the Legislative Instruments Act
provides for exemptions from disallowance, with general exemptions
provided under subsection 44(1) and specific exemptions listed in a table in
subsection 44(2). The table of exemptions is omitted from the amended
subsection 44(2) of the Legislation Act, and the exemptions are to be
consolidated into the regulations. Accordingly, the reference to section 44 of
the Legislative Instruments Act is updated to refer to 'regulations made for
the purposes of paragraph 44(2)(b) of the Legislation Act 2003'. This item
also inserts '(disallowance)' after the reference to section 42 of the
Legislation Act.
Parliamentary Service Act 1999
Items 469-471 - Subsection 20(5), 23(1) and 24(3) (note)
524. Items 469 to 471 repeal the notes to subsections 20(5), 23(1)
and 24(3) of the Parliamentary Service Act 1999 and substitute new notes to
replace the references to the Legislative Instruments Act with references to
the Legislation Act, and direct the reader to the relevant regulations where
sunsetting and disallowance exemptions are to be consolidated.
Patents Act 1990
Item 472 - Subsection 29B(6)
525. Item 472 amends subsection 29B(6) of the Patents Act 1990 to
replace the reference to the Legislative Instruments Act with a reference to
the Legislation Act.
Items 473-474 - Paragraph 136E(3)(b) and subsection 228(5)
526. Items 473 and 474 amend paragraph 136E(3)(b) and
subsection 228(5) of the Patents Act to replace the references to the
Legislative Instruments Act with references to the Legislation Act.
Personally Controlled Electronic Health Records Act 2012
Item 475 - Subsection 111(2) (note)
527. Item 475 amends the note to subsection 111(2) of the Personally
Controlled Electronic Health Records Act 2012 to replace the reference to
Part 3 of the Legislative Instruments Act with a reference to section 17 of
129
the Legislation Act. This reflects amendments made by the Acts and
Instruments (Framework Reform) Act to Part 3 and section 17 of the
Legislative Instruments Act, and directs the reader to the section that
outlines consultation requirements.
Personal Property Securities Act 2009
Item 476 - Subsection 306(6)
528. Item 476 amends subsection 306(6) of the Personal Property
Securities Act 2009 to replace the reference to the Legislative Instruments
Act with a reference to the Legislation Act.
Petroleum Excise (Prices) Act 1987
Item 477 - Subsection 4(1C)
529. Item 477 repeals subsection 4(1C) of the Petroleum Excise (Prices)
Act 1987 which provides that, despite subsection 12(2) of the Legislative
Instruments Act, regulations made for the purposes of the Petroleum Excise
(Prices) Act in relation to condensate may be expressed to take effect from a
date before they are registered. Subsection 4(1C) of the Petroleum Excise
(Prices) Act is replaced with a new subsection, which provides that
subsection 12(2) of the Legislation Act does not apply to regulations made
for the purposes of the Petroleum Excise (Prices) Act in relation to
condensate.
530. The new subsection 4(1C) of the Petroleum Excise (Prices) Act
updates the reference to the Legislative Instruments Act with a reference to
the Legislation Act, and updates the drafting of the subsection to reflect
amendments to section 12 of the Legislative Instruments Act made by the
Acts and Instruments (Framework Reform) Act. The previous
subsection 12(2) of the Legislative Instruments Act provided that
instruments do not have effect where they would take effect before
registration and could adversely impact upon a person. Under
subsection 12(3) of the Legislative Instruments Act, this rule was subject to
a contrary intention in the enabling Act. Instead of providing that the entire
instrument has no effect, the amended subsection 12(2) of the
Legislation Act provides that instruments do not apply in relation to a
particular person retrospectively where they would have an adverse effect
on that person. New subsection 12(3) of the Legislation Act expressly
provides that, subject to this limitation in relation to particular persons,
instruments may commence retrospectively. Accordingly, in order to
130
produce the same outcome as was produced by overriding the previous
subsection 12(2) of the Legislative Instruments Act, the operation of
amended subsection 12(2) of the Legislation Act is turned off for
instruments whose retrospective commencement is to apply to persons even
if those persons are adversely impacted by that retrospective
commencement.
Petroleum Resource Rent Tax Assessment Act 1987
Item 478 - Subsection 36B(4)
531. Item 478 amends subsection 36B(4) of the Petroleum Resource Rent
Tax Assessment Act 1987 to omit the phrase 'for the purposes of the
Legislative Instruments Act 2003'. This phrase is no longer necessary when
referring to legislative instruments, as the definition of legislative
instrument is centrally provided by section 8 of the Legislation Act. That
definition is generally applied by section 2B of the Acts Interpretation Act
(as amended by the Acts and Instruments (Framework Reform) Act).
Privacy Act 1988
Item 479 - Subsection 6C(1) (note 2 at the end of the definition of
organisation)
532. Item 479 amends note 2 at the end of the definition of organisation in
subsection 6C(1) of the Privacy Act 1988 to replace the reference to the
Legislative Instruments Act with a reference to the Legislation Act.
Item 480 - Subsections 6E(1) and (2) and 6F(1) (note 2)
533. Item 480 amends note 2 to subsections 6E(1) and (2), and 6F(1) of
the Privacy Act to replace the references to the Legislative Instruments Act
with references to the Legislation Act.
Item 481 - Subsection 26B(3) (not including the note)
534. Item 481 repeals subsection 26B(3) of the Privacy Act which
provides that ,despite subsection 12(2) of the Legislative Instruments Act, a
registered Australian Privacy Principle code (APP code) may be expressed
to take effect from a date before it is registered. Subsection 26B(3) of the
Privacy Act is replaced with a new subsection, which provides that
subsection 12(2) of the Legislation Act does not apply to a registered
APP code.
131
535. The new subsection 26B(3) of the Privacy Act updates the reference
to the Legislative Instruments Act with a reference to the Legislation Act,
and updates the drafting of the subsection to reflect amendments to
section 12 of the Legislative Instruments Act made by the Acts and
Instruments (Framework Reform) Act. The previous subsection 12(2) of the
Legislative Instruments Act provided that instruments do not have effect
where they would take effect before registration and could adversely impact
upon a person. Under subsection 12(3) of the Legislative Instruments Act,
this rule was subject to a contrary intention in the enabling Act. Instead of
providing that the entire instrument has no effect, the amended
subsection 12(2) of the Legislation Act provides that instruments do not
apply in relation to a particular person retrospectively where they would
have an adverse effect on that person. New subsection 12(3) of the
Legislation Act expressly provides that, subject to this limitation in relation
to particular persons, instruments may commence retrospectively.
Accordingly, in order to produce the same outcome as was produced by
overriding the previous subsection 12(2) of the Legislative Instruments Act,
the operation of amended subsection 12(2) of the Legislation Act is turned
off for instruments whose retrospective commencement is to apply to
persons even if those persons are adversely impacted by that retrospective
commencement.
Item 482 - Subsection 26M(3)
536. Item 482 repeals subsection 26M(3) of the Privacy Act which
provides that, despite subsection 12(2) of the Legislative Instruments Act,
the registered Credit Reporting code (CR code) may be expressed to take
effect from a date before it is registered. Subsection 26M(3) of the Privacy
Act is replaced with a new subsection, which provides that subsection 12(2)
of the Legislation Act does not apply to a registered CR code.
537. The new subsection 26M(3) of the Privacy Act updates the reference
to the Legislative Instruments Act with a reference to the Legislation Act,
and updates the drafting of the subsection to reflect amendments to
section 12 of the Legislative Instruments Act made by the Acts and
Instruments (Framework Reform) Act. The previous subsection 12(2) of the
Legislative Instruments Act provided that instruments do not have effect
where they would take effect before registration and could adversely impact
upon a person. Under subsection 12(3) of the Legislative Instruments Act,
this rule was subject to a contrary intention in the enabling Act. Instead of
providing that the entire instrument has no effect, the amended
subsection 12(2) of the Legislation Act provides that instruments do not
132
apply in relation to a particular person retrospectively where they would
have an adverse effect on that person. New subsection 12(3) of the
Legislation Act expressly provides that, subject to this limitation in relation
to particular persons, instruments may commence retrospectively.
Accordingly, in order to produce the same outcome as was produced by
overriding the previous subsection 12(2) of the Legislative Instruments Act,
the operation of amended subsection 12(2) of the Legislation Act is turned
off for instruments whose retrospective commencement is to apply to
persons even if those persons are adversely impacted by that retrospective
commencement.
Product Stewardship Act 2011
Item 483 - Subsections 19(3B) and 39(3)
538. Item 483 amends subsections 19(3B) and 39(3) of the Product
Stewardship Act 2011 to replace the references to the Legislative
Instruments Act with references to the Legislation Act.
Product Stewardship (Oil) Act 2000
Item 484 - Subsection 10(5)
539. Item 484 amends subsection 10(5) of the Product Stewardship (Oil)
Act 2000 to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
Protection of Cultural Objects on Loan Act 2013
Item 485 - Section 5 (note at the end of the definition of borrowing
institution)
540. Item 485 amends the note at the end of the definition of borrowing
institution in section 5 of the Protection of Cultural Objects on Loan
Act 2013, to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
Public Governance and Resources Legislation Amendment Act
(No. 1) 2015
Item 486 - Item 1 of Schedule 7
133
541. Item 486 repeals item 1 of Schedule 7 to the Public Governance and
Resources Legislation Amendment Act (No. 1) 2015, and substitutes a new
item 1. This is to reflect changes made to section 12 of the Legislative
Instruments Act by the Acts and Instruments (Framework Reform) Act, and
to replace the reference to the Legislative Instruments Act with a reference
to the Legislation Act.
542. The new item 1 of Schedule 1 to the Public Governance and
Resources Legislation Amendment Act (No. 1) provides that
subsection 12(2) of the Legislation Act does not apply to the amending
instrument. This reflects changes made to subsection 12(2) of the
Legislative Instruments Act. The previous subsection 12(2) of the
Legislative Instruments Act provided that instruments do not have effect
where they would take effect before registration and could adversely impact
upon a person. Under subsection 12(3) of the Legislative Instruments Act,
this rule was subject to a contrary intention in the enabling Act. Instead of
providing that the entire instrument has no effect, the amended
subsection 12(2) of the Legislation Act provides that instruments do not
apply in relation to a particular person retrospectively where they would
have an adverse effect on that person. New subsection 12(3) of the
Legislation Act expressly provides that, subject to this limitation in relation
to particular persons, instruments may commence retrospectively.
Accordingly, in order to produce the same outcome as was produced by
overriding the previous subsection 12(2) of the Legislative Instruments Act,
the operation of amended subsection 12(2) of the Legislation Act is turned
off for instruments whose retrospective commencement is to apply to
persons even if those persons are adversely impacted by that retrospective
commencement.
Public Governance, Performance and Accountability Act 2013
Item 487 - Subsections 22(4), 57(2), 58(9) and 59(4)
543. Item 487 amends subsections 22(4), 57(2), 58(9) and 59(4) of the
Public Governance, Performance and Accountability Act 2013 to replace
the references to the Legislative Instruments Act with references to the
Legislation Act.
Item 488 - Subsection 75(7) (heading)
544. Item 488 repeals the heading to subsection 75(7) of the Public
Governance, Performance and Accountability Act and substitutes a new
134
heading to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
Item 489 - Subsection 75(7)
545. Item 489 amends subsection 75(7) of the Public Governance,
Performance and Accountability Act to replace the reference to the
Legislative Instruments Act with a reference to the Legislation Act.
Item 490 - Subsection 75(8)
546. Item 490 amends subsection 75(8) of the Public Governance,
Performance and Accountability Act to reflect changes to subsection 12(1)
of the Legislative Instruments Act by the Acts and Instruments (Framework
Reform) Act, by changing 'take effect' to 'commence'.
Item 491 - Subsection 75(9)
547. Item 491 repeals subsection 75(9) of the Public Governance,
Performance and Accountability Act and substitutes new subsections 75(9)
and (9A). This is to reflect changes made to section 12 of the Legislative
Instruments Act by the Acts and Instruments (Framework Reform) Act, and
to replace the reference to the Legislative Instruments Act with a reference
to the Legislation Act.
548. The new subsection 75(9A) of the Public Governance, Performance
and Accountability Act provides that subsection 12(2) of the Legislation Act
does not apply to a determination under subsection 75(2) of the Public
Governance, Performance and Accountability Act. This reflects changes
made to subsection 12(2) of the Legislative Instruments Act. The previous
subsection 12(2) of the Legislative Instruments Act provided that
instruments do not have effect where they would take effect before
registration and could adversely impact upon a person. Under
subsection 12(3) of the Legislative Instruments Act, this rule was subject to
a contrary intention in the enabling Act. Instead of providing that the entire
instrument has no effect, the amended subsection 12(2) of the
Legislation Act provides that instruments do not apply in relation to a
particular person retrospectively where they would have an adverse effect
on that person. New subsection 12(3) of the Legislation Act expressly
provides that, subject to this limitation in relation to particular persons,
instruments may commence retrospectively. Accordingly, in order to
produce the same outcome as was produced by overriding the previous
subsection 12(2) of the Legislative Instruments Act, the operation of
135
amended subsection 12(2) of the Legislation Act is turned off for
instruments whose retrospective commencement is to apply to persons even
if those persons are adversely impacted by that retrospective
commencement.
Item 492 - Subsection 79(2)
549. Item 492 amends subsection 79(2) of the Public Governance,
Performance and Accountability Act to replace the reference to the
Legislative Instruments Act with a reference to the Legislation Act.
Item 493 - Subsection 79(5)
550. Item 493 amends subsection 79(5) of the Public Governance,
Performance and Accountability Act to reflect changes to subsection 12(1)
of the Legislative Instruments Act by the Acts and Instruments (Framework
Reform) Act by changing 'take effect' to 'commences'.
Item 494 - Subsections 93(4), 101(4), 105B(2) and 105C(2)
551. Item 494 amends subsections 93(4), 101(4), 105B(2) and 105C(2) of
the Public Governance, Performance and Accountability Act to replace the
references to the Legislative Instruments Act with references to the
Legislation Act.
Public Governance, Performance and Accountability (Consequential and
Transitional Provisions) Act 2014
Item 495 - Item 5 of Schedule 14
552. Item 495 repeals item 5 of Schedule 14 to the Public Governance,
Performance and Accountability (Consequential and Transitional
Provisions) Act 2014 and substitutes a new item 5. This is to reflect changes
made to section 12 of the Legislative Instruments Act by the Acts and
Instruments (Framework Reform) Act, and to replace the reference to the
Legislative Instruments Act with a reference to the Legislation Act.
553. The new item 5 of Schedule 14 to the Public Governance,
Performance and Accountability (Consequential and Transitional
Provisions) Act provides that subsection 12(2) of the Legislation Act does
not apply to the amending instrument. This reflects changes made to
subsection 12(2) of the Legislative Instruments Act. The previous
subsection 12(2) of the Legislative Instruments Act provided that
136
instruments do not have effect where they would take effect before
registration and could adversely impact upon a person. Under
subsection 12(3) of the Legislative Instruments Act, this rule was subject to
a contrary intention in the enabling Act. Instead of providing that the entire
instrument has no effect, the amended subsection 12(2) of the Legislation
Act provides that instruments do not apply in relation to a particular person
retrospectively where they would have an adverse effect on that person.
New subsection 12(3) of the Legislation Act expressly provides that, subject
to this limitation in relation to particular persons, instruments may
commence retrospectively. Accordingly, in order to produce the same
outcome as was produced by overriding the previous subsection 12(2) of the
Legislative Instruments Act, the operation of amended subsection 12(2) of
the Legislation Act is turned off for instruments whose retrospective
commencement is to apply to persons even if those persons are adversely
impacted by that retrospective commencement.
Public Interest Disclosure Act 2013
Item 496 - Subsection 32(3) (note)
554. Item 496 amends the note to subsection 32(2) of the Public Interest
Disclosure Act 2013 to replace the reference to the Legislative Instruments
Act with a reference to the Legislation Act.
Public Service Act 1999
Items 497-500 - Subsections 21(2), 23(1), 24(3) and 41(2) (note)
555. Items 497 to 500 repeal the notes to subsection 21(2), 23(1), 24(3)
and 41(2) of the Public Service Act 1999 and substitute new notes to replace
the references to the Legislative Instruments Act with references to the
Legislation Act, and direct the reader to the relevant regulations where
sunsetting and disallowance exemptions are to be consolidated.
Quarantine Act 1908
Item 501 - Subsections 64B(1), (3) and (4) (note)
556. Item 501 amends the notes to subsections 64B(1), (3) and (4) of the
Quarantine Act 1908 to replace the references to the Legislative
Instruments Act with references to the Legislation Act.
Item 502 - Subsection 64D(3)
137
557. Item 502 repeals subsection 64D(3) of the Quarantine Act and
substitutes a new subsection to reflect changes to subsection 12(1) of the
Legislative Instruments Act by the Acts and Instruments (Framework
Reform) Act, by changing 'take effect' to 'commence'. This item also
replaces the reference to the Legislative Instruments Act with a reference to
the Legislation Act.
Remuneration Tribunal Act 1973
Item 503 - Subsection 7(8AA)
558. Item 503 amends subsection 7(8AA) of the Remuneration Tribunal
Act 1973 to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
Renewable Energy (Electricity) Act 2000
Items 504-505 - Paragraph 30LA(6)(b) and subsection 160A(2)
559. Items 504 and 505 amend paragraph 30LA(6)(b) and
subsection 160A(2) of the Renewable Energy (Electricity) Act 2000 to
replace the references to the Legislative Instruments Act with references to
the Legislation Act.
Retirement Savings Accounts Act 1997
Item 506 - Subsection 45B(8)
560. Item 506 amends subsection 45B(8) of the Retirement Savings
Accounts Act 1997 to replace the reference to the Legislative Instruments
Act with a reference to the Legislation Act.
Item 507 - Subsection 45B(9) (note)
561. Item 507 amends the note to subsection 45B(9) of the Retirement
Savings Accounts Act to replace the reference to the Legislative Instruments
Act with a reference to the Legislation Act.
Safety, Rehabilitation and Compensation Act 1988
Item 508 - Subsections 101(2) and 114D(4)
562. Item 508 amends subsections 101(2) and 114D(4) of the Safety,
Rehabilitation and Compensation Act 1988 to replace the references to the
138
Legislative Instruments Act with references to the Legislation Act, and
insert '(disallowance)' after references to section 42 of the Legislative
Instruments Act.
Safe Work Australia Act 2008
Item 509 - Subsection 46(1) (notes 1 and 2)
563. Item 509 repeals the notes to subsection 46(1) of the Safe Work
Australia Act 2008 and substitutes new notes to replace the references to the
Legislative Instruments Act with references to the Legislation Act, and
direct the reader to the relevant regulations where sunsetting and
disallowance exemptions are to be consolidated.
Schools Assistance Act 2008
Item 510 - At the end of subsection 15(2)
564. Item 510 adds a note at the end of subsection 15(2) of the Schools
Assistance Act 2008 which explains that section 46B of the Acts
Interpretation Act was repealed by the Acts and Instruments (Framework
Reform) Act, and item 179 of Schedule 1 to that Act contains savings and
transitional provisions for section 46B of the Acts Interpretation Act.
Item 511 - Subsections 17(4), 22(2), 67(5), 69(5) and 85(5)
565. Item 511 amends subsections 17(4), 22(2), 67(5), 69(5) and 85(5) of
the Schools Assistance Act to replace the references to the Legislative
Instruments Act with references to the Legislation Act.
Item 512 - Subsection 92(2) (note)
566. Item 512 amends the note to subsection 92(2) of the Schools
Assistance Act to replace the reference to the Legislative Instruments Act
with a reference to the Legislation Act.
Item 513 - Subsection 92(5)
567. Item 513 repeals subsection 92(5) of the Schools Assistance Act
which provides that, despite subsection 12(2) of the Legislative Instruments
Act, instruments made under subsection 92(4) of the Schools Assistance Act
may be expressed to take effect from a date before they are registered.
Subsection 92(5) of the Schools Assistance Act is replaced with a new
139
subsection, which provides that subsection 12(2) of the Legislation Act does
not apply to the instruments.
568. The new subsection 92(5) of the Schools Assistance Act updates the
reference to the Legislative Instruments Act with a reference to the
Legislation Act, and updates the drafting of the subsection to reflect changes
to section 12 of the Legislative Instruments Act made by the Acts and
Instruments (Framework Reform) Act. The previous subsection 12(2) of the
Legislative Instruments Act provided that instruments do not have effect
where they would take effect before registration and could adversely impact
upon a person. Under subsection 12(3) of the Legislative Instruments Act,
this rule was subject to a contrary intention in the enabling Act. Instead of
providing that the entire instrument has no effect, the amended
subsection 12(2) of the Legislation Act provides that instruments do not
apply in relation to a particular person retrospectively where they would
have an adverse effect on that person. New subsection 12(3) of the
Legislation Act expressly provides that, subject to this limitation in relation
to particular persons, instruments may commence retrospectively.
Accordingly, in order to produce the same outcome as was produced by
overriding the previous subsection 12(2) of the Legislative Instruments Act,
the operation of amended subsection 12(2) of the Legislation Act is turned
off for instruments whose retrospective commencement is to apply to
persons even if those persons are adversely impacted by that retrospective
commencement.
Item 514 - Subsection 165(3)
569. Item 514 amends subsection 165(3) of the Schools Assistance Act to
reflect changes to subsection 12(1) of the Legislative Instruments Act by the
Acts and Instruments (Framework Reform) Act, by changing 'take effect' to
'commence'.
Item 515 - Subsections 173(3) and (4) (note)
570. Item 515 amends the notes to subsections 173(3) and (4) of the
Schools Assistance Act to replace the references to the Legislative
Instruments Act with references to the Legislation Act.
Schools Assistance (Learning Together--Achievement Through Choice
and Opportunity) Act 2004
Item 516 - Section 4 (definition of eligible new arrival)
140
571. Item 516 repeals the second sentence of the definition of eligible new
arrival in section 4 of the Schools Assistance (Learning Together--
Achievement Through Choice and Opportunity) Act 2004, which provides
that, despite subsection 12(2) of the Legislative Instruments Act,
instruments made under subparagraph (c)(v) of the definition of eligible
new arrival in section 4 of the Schools Assistance (Learning Together--
Achievement Through Choice and Opportunity) Act may be expressed to
take effect from a date before they are registered. This is replaced with a
new sentence which provides that subsection 12(2) of the Legislation Act
does not apply to the instruments.
572. The new sentence updates the reference to the Legislative
Instruments Act to refer to the Legislation Act, and updates the drafting of
the definition to reflect changes to section 12 of the Legislative Instruments
Act made by the Acts and Instruments (Framework Reform) Act. The
previous subsection 12(2) of the Legislative Instruments Act provided that
instruments do not have effect where they would take effect before
registration and could adversely impact upon a person. Under
subsection 12(3) of the Legislative Instruments Act, this rule was subject to
a contrary intention in the enabling Act. Instead of providing that the entire
instrument has no effect, the amended subsection 12(2) of the Legislation
Act provides that instruments do not apply in relation to a particular person
retrospectively where they would have an adverse effect on that person.
New subsection 12(3) of the Legislation Act expressly provides that, subject
to this limitation in relation to particular persons, instruments may
commence retrospectively. Accordingly, in order to produce the same
outcome as was produced by overriding the previous subsection 12(2) of the
Legislative Instruments Act, the operation of amended subsection 12(2) of
the Legislation Act is turned off for instruments whose retrospective
commencement is to apply to persons even if those persons are adversely
impacted by that retrospective commencement.
Item 517 - Subsection 8(2)
573. Item 517 amends subsection 8(2) of the Schools Assistance (Learning
Together - Achievement Through Choice and Opportunity) Act to omit the
phrase 'for the purposes of the Legislative Instruments Act 2003'. This
phrase is no longer necessary when referring to legislative instruments, as
the definition of legislative instrument is centrally provided by section 8 of
the Legislation Act. That definition is generally applied by section2B of the
Acts Interpretation Act (as amended by the Acts and Instruments
(Framework Reform) Act).
141
Item 518 - Subsection 140(2)
574. Item 518 repeals subsection 140(2) of the Schools Assistance
(Learning Together - Achievement Through Choice and Opportunity) Act
and substitutes a new subsection to reflect changes to subsection 12(1) of
the Legislative Instruments Act by the Acts and Instruments (Framework
Reform) Act, by changing 'take effect' to 'commence'. This item also
replaces the reference to the Legislative Instruments Act with a reference to
the Legislation Act.
Screen Australia Act 2008
Item 519 - Subsection 44(1) (notes 1 and 2)
575. Item 519 repeals notes to subsection 44(1) of the Screen Australia Act
2008 and substitutes new notes to replace the references to the Legislative
Instruments Act with references to the Legislation Act, and direct the reader
to the relevant regulations where sunsetting and disallowance exemptions
are to be consolidated.
Screen Australia and the National Film and Sound Archive of Australia
(Consequential and Transitional Provisions) Act 2008
Item 520 - Subitem 36(3) of Schedule 2
576. Item 520 repeals subitem 36(3) of Schedule 2 to the Screen Australia
and the National Film and Sound Archive of Australia (Consequential and
Transitional Provisions) Act 2008. This subitem is spent as it relates to
2008-09 transitional matters. Its repeal does not alter existing arrangements.
Shipping Reform (Tax Incentives) Act 2012
Item 521 - Subsection 25(2) (note 1)
577. Item 521 amends note 1 to subsection 25(2) of the Shipping Reform
(Tax Incentives) Act 2012 to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
Social and Community Services Pay Equity Special Account Act 2012
Item 522 - Subsections 7(5), 8(8) and 9(2)
578. Item 522 amends subsections 7(5), 8(8) and 9(2) of the Social and
Community Services Pay Equity Special Account Act 2012 to replace the
142
references to the Legislative Instruments Act with references to the
Legislation Act.
Social Security Act 1991
Item 523 - Subsection 11A(12) (heading)
579. Item 523 repeals the heading to subsection 11A(12) of the Social
Security Act 1991 and substitutes a new heading to replace the reference to
the Legislative Instruments Act with a reference to the Legislation Act.
Item 524 - Subsection 92Q(1A)
580. Item 524 amends subsection 92Q(1A) of the Social Security Act to
omit the phrase 'despite subsection 12(2) of the Legislative Instruments Act
2003', which removes an outdated reference to the Legislative Instruments
Act. An exemption from subsection 12(2) of the Legislation Act is provided
in new subsection 92Q(1B) of the Social Security Act, which is inserted by
item 525 below.
Item 525 - After subsection 92Q(1A)
581. Item 525 adds a new subsection after subsection92Q(1A) of the
Social Security Act, which provides that subsection 12(2) of the Legislation
Act does not apply to the instruments made under subsection 92Q(1) of the
Social Security Act.
582. The new subsection 92Q(1B) updates the drafting of the subsection to
reflect changes to section 12 of the Legislative Instruments Act made by the
Acts and Instruments (Framework Reform) Act. The previous
subsection 12(2) of the Legislative Instruments Act provided that
instruments do not have effect where they would take effect before
registration and could adversely impact upon a person. Under
subsection 12(3) of the Legislative Instruments Act, this rule was subject to
a contrary intention in the enabling Act. Instead of providing that the entire
instrument has no effect, the amended subsection 12(2) of the Legislation
Act provides that instruments do not apply in relation to a particular person
retrospectively where they would have an adverse effect on that person.
New subsection 12(3) of the Legislation Act expressly provides that, subject
to this limitation in relation to particular persons, instruments may
commence retrospectively. Accordingly, in order to produce the same
outcome as was produced by overriding the previous subsection 12(2) of the
Legislative Instruments Act, the operation of amended subsection 12(2) of
143
the Legislation Act is turned off for instruments whose retrospective
commencement is to apply to persons even if those persons are adversely
impacted by that retrospective commencement.
Item 526 - Subsections 500E(2) and 546(2)
583. Item 526 amends subsections 500E(2) and 546(2) of the Social
Security Act to reflect changes to subsection 12(1) of the Legislative
Instruments Act by the Acts and Instruments (Framework Reform) Act, by
changing 'take effect' to 'commence'.
Item 527 - Subsection 592N(2)
584. Item 527 amends subsection 592N(2) of the Social Security Act to
replace the reference to the Legislative Instruments Act with a reference to
the Legislation Act.
Item 528 - Subsection 600(2)
585. Item 528 amends subsection 600(2) of the Social Security Act to
reflect changes to subsection 12(1) of the Legislative Instruments Act by the
Acts and Instruments (Framework Reform) Act, by changing 'take effect' to
'commence'.
Item 529 - Subsection 1061KA(7)
586. Item 529 amends subsection 1061KA(7) of the Social Security Act to
replace the reference to the Legislative Instruments Act with a reference to
the Legislation Act.
Item 530 - Subsections 1061K(3), 1061L(3) and 1061P(6)
587. Item 530 amends subsections 1061K(3), 1061L(3) and 1061P(6) of
the Social Security Act to replace the references to the Legislative
Instruments Act with references to the Legislation Act. This item also
inserts '(disallowance)' after the reference to section 42 of the Legislation
Act.
Item 531 - Subsection 1061ZZGH(1) (note 1)
588. Item 531 amends note 1 to subsection 1061ZZGH(1) of the Social
Security Act to replace the reference to the Legislative Instruments Act with
a reference to the Legislation Act.
144
Item 532 - Subsections 1157M(2), 1157R(2) and 1157U(2)
589. Item 532 repeals subsections 1157M(2), 1157R(2) and 1157U(2) of
the Social Security Act and substitutes new subsections to replace the
references to the Legislative Instruments Act with references to the
Legislation Act. The subsections are also amended to reflect changes to
subsection 12(1) of the Legislative Instruments Act by the Acts and
Instruments (Framework Reform) Act, by changing 'take effect' to
'commence'. References to the Federal Register of Legislative Instruments
under the Legislative Instruments Act are also replaced with references to
the Federal Register of Legislation under the Legislation Act. The
amendment is consequential on Part 4 (Federal Register of Legislative
Instruments) of the Legislative Instruments Act being repealed by the Acts
and Instruments (Framework Reform) Act, and section 15A of the
Legislation Act providing for the Federal Register of Legislation.
Item 533 - Subsection 1237AB(3)
590. Item 533 amends subsection 1237AB(3) of the Social Security Act to
reflect changes to subsection 12(1) of the Legislative Instruments Act by the
Acts and Instruments (Framework Reform) Act, by changing 'take effect' to
'commence'.
Social Security (Administration) Act 1999
Item 534 - Subsection 202(5)
591. Item 534 amends subsection 202(5) of the Social Security
(Administration) Act 1999 to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act. The reference to
'take effect' is also changed to 'commence', as is consistent with the
changes to subsection 12(1) of the Legislative Instruments Act by the Acts
and Instruments (Framework Reform) Act.
Item 535 - Subclause 2(4) of Schedule 5
592. Item 535 amends subclause 2(4) of Schedule 5 to the Social Security
(Administration) Act to replace the reference to the Federal Register of
Legislative Instruments under the Legislative Instruments Act 2003, with a
reference to the Federal Register of Legislation under the Legislation
Act 2003. The amendment is consequential on Part 4 (Federal Register of
Legislative Instruments) of the Legislative Instruments Act being repealed
145
by the Acts and Instruments (Framework Reform) Act, and section 15A of
the Legislation Act providing for the Federal Register of Legislation.
Stronger Futures in the Northern Territory Act 2012
Item 536 - Section 8 (subsection 75D(3) of the Liquor Act (NT))
593. Item 536 amends section 8 of the Stronger Futures in the Northern
Territory Act 2012 (as it relates to subsection 75D(3) of the Liquor Act
(NT)) to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
Student Assistance Act 1973
Item 537 - Subsection 48(2)
594. Item 537 amends subsection 48(2) of the Student Assistance Act 1973
to replace the reference to the Legislative Instruments Act with a reference
to the Legislation Act.
Student Identifiers Act 2014
Item 538 - Subsections 4(2) and (3) (note)
595. Item 538 amends the notes to subsections 4(2) and (3) of the Student
Identifiers Act 2014 to replace the references to the Legislative Instruments
Act with references to the Legislation Act.
Item 539 - Subsection 33(1) (note)
596. Item 539 repeals the note to subsection 33(1) of the Student
Identifiers Act and substitutes a new note to replace the reference to the
Legislative Instruments Act with a reference to the Legislation Act, and
direct the reader to the relevant regulations where sunsetting and
disallowance exemptions are to be consolidated.
Item 540 - Subsection 53(3) (note)
597. Item 540 amends the note to subsection 53(3) of the Student
Identifiers Act to replace the reference to the Legislative Instruments Act
with a reference to the Legislation Act.
Item 541 - Subsection 55(4)
146
598. Item 541 amends subsection 55(4) of the Student Identifiers Act to
omit the references to section 42 and Part 6 of the Legislative Instruments
Act. Section 42 and Part 6 deal with disallowance and sunsetting of
legislative instruments respectively. The amendment removes an outdated
reference to the Legislative Instruments Act. It also removes the exemptions
from disallowance and sunsetting for instruments made under
subclause 4(1) of Schedule 1 to the Student Identifiers Act, as that
exemption already falls within subsection 54(1) of the Legislative
Instruments Act. Accordingly, the legal effect of the exemptions is
preserved.
Item 542 - At the end of subsection 55(4)
599. Item 542 adds notes at the end of subsection 55(4) of the Student
Identifiers Act to explain that neither section 42 (disallowance) nor Part 4 of
Chapter 3 (sunsetting) of the Legislation Act apply to instruments made
under subsections 5(4) of the Student Identifiers Act, as they are exempted
under subsections 44(1) and 54(1) of the Legislation Act. The notes direct
the reader to the Legislation Act where the exemptions will be preserved.
Item 543 - Subsection 57(3)
600. Item 543 amends subsection 57(3) of the Student Identifiers Act to
replace the reference to the Legislative Instruments Act with a reference to
the Legislation Act.
Superannuation Act 1922
Item 544 - Subsection 93DE(2)
601. Item 544 amends subsection 93DE(2) of the Superannuation Act
1922 to reflect changes to section 44 of the Legislative Instruments Act by
the Acts and Instruments (Framework Reform) Act, and to update the
reference to the Legislative Instruments Act with a reference to the
Legislation Act. The current section 44 of the Legislative Instruments Act
provides for exemptions from disallowance, with general exemptions
provided under subsection 44(1) and specific exemptions listed in a table in
subsection 44(2). The table of exemptions is omitted from the amended
subsection 44(2) of the Legislation Act, and the exemptions are to be
consolidated into the regulations. Accordingly, the reference to section 44 of
the Legislative Instruments Act is updated to refer to 'regulations made for
the purposes of paragraph 44(2)(b) of the Legislation Act 2003'.
147
Superannuation Act 1976
Items 545-547 - Subsections 3(1BD), 4A(1), 110G, 146MH(2), 238(2),
241(3) and242C(4)
602. Items 545 to 547 amend subsections 3(1BD), 4A(1), 110G,
146MH(2), 238(2), 241(3) and 242C(4) of the Superannuation Act 1976 to
reflect changes to section 44 of the Legislative Instruments Act by the Acts
and Instruments (Framework Reform) Act, and to update the references to
the Legislative Instruments Act with references to the Legislation Act. The
current section 44 of the Legislative Instruments Act provides for
exemptions from disallowance, with general exemptions provided under
subsection 44(1) and specific exemptions listed in a table in
subsection 44(2). The table of exemptions is omitted from the amended
subsection 44(2) of the Legislation Act, and the exemptions are to be
consolidated into the regulations. Accordingly, the references to section 44
of the Legislative Instruments Act are updated to refer to 'regulations made
for the purposes of paragraph 44(2)(b) of the Legislation Act 2003'.
Superannuation Act 1990
Item 548 - Subsection 5A(2)
603. Item 548 repeals subsection 5A(2) of the Superannuation Act 1990
which provides that, despite subsection 12(2) of the Legislative Instruments
Act, instruments made under subsection 5A(1) of the Superannuation Act
1990 may be expressed to take effect from a date before they are registered.
Subsection 5A(2) of the Superannuation Act is replaced with a new
subsection, which provides that subsection 12(2) of the Legislation Act does
not apply to the instruments.
604. The new subsection 5A(2) of the Superannuation Act updates the
reference to the Legislative Instruments Act to refer to the Legislation Act,
and updates the drafting of the subsection to reflect changes to section 12 of
the Legislative Instruments Act made by the Acts and Instruments
(Framework Reform) Act. The previous subsection 12(2) of the Legislative
Instruments Act provided that instruments do not have effect where they
would take effect before registration and could adversely impact upon a
person. Under subsection 12(3) of the Legislative Instruments Act, this rule
was subject to a contrary intention in the enabling Act. Instead of providing
that the entire instrument has no effect, the amended subsection 12(2) of the
Legislation Act provides that instruments do not apply in relation to a
particular person retrospectively where they would have an adverse effect
148
on that person. New subsection 12(3) of the Legislation Act expressly
provides that, subject to this limitation in relation to particular persons,
instruments may commence retrospectively. Accordingly, in order to
produce the same outcome as was produced by overriding the previous
subsection 12(2) of the Legislative Instruments Act, the operation of
amended subsection 12(2) of the Legislation Act is turned off for
instruments whose retrospective commencement is to apply to persons even
if those persons are adversely impacted by that retrospective
commencement.
Item 549 - Subsection 6(5) (note)
605. Item 549 amends the note to subsection 6(5) of the Superannuation
Act 1990 to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
Item 550 - Subsection 6(7)
606. Item 550 amends subsection 6(7) of the Superannuation Act 1990 to
omit the phrase 'for the purposes of the Legislative Instruments Act 2003'.
This phrase is no longer necessary when referring to legislative instruments,
as the definition of legislative instrument is centrally provided by section 8
of the Legislation Act. That definition is generally applied by section 2B of
the Acts Interpretation Act (as amended by the Acts and Instruments
(Framework Reform) Act).
Item 551 - Subsections 6(8) and 45(2)
607. Item 551 amends subsections 6(8) and 45(2) of the Superannuation
Act 1990 to reflect changes to section 44 of the Legislative Instruments Act
by the Acts and Instruments (Framework Reform) Act, and to update the
references to the Legislative Instruments Act with references to the
Legislation Act. The current section 44 of the Legislative Instruments Act
provides for exemptions from disallowance, with general exemptions
provided under subsection 44(1), and specific exemptions listed in a table in
subsection 44(2). The table of exemptions is omitted from the amended
subsection 44(2) of the Legislation Act, and the exemptions are to be
consolidated into the regulations. Accordingly, the references to section 44
of the Legislative Instruments Act are updated to refer to 'regulations made
for the purposes of paragraph 44(2)(b) of the Legislation Act 2003'. This
item also inserts '(disallowance)' after the reference to section 42 of the
Legislation Act.
149
Item 552 - Subsection 45(3)
608. Item 552 amends subsection 45(3) of the Superannuation Act 1990 to
reflect changes to subsection 12(1) of the Legislative Instruments Act by the
Acts and Instruments (Framework Reform) Act by changing 'have taken
effect' to 'commence'.
Item 553 - Subsections 45(4) and (5)
609. Item 553 amends subsections 45(4) and (5) of the Superannuation
Act 1990 to reflect changes to subsection 12(1) of the Legislative
Instruments Act by the Acts and Instruments (Framework Reform) Act, by
changing 'take effect' to 'commence'.
Item 554 - Subsection 45(6)
610. Item 554 repeals subsection 45(6) of the Superannuation Act 1990
which provides that despite subsection 12(2) of the Legislative Instruments
Act instruments made under paragraph 45(1)(e) of the Superannuation Act
1990 may be expressed to take effect from a date before they are registered.
The subsection is replaced with a new subsection 45(6) of the
Superannuation Act, which provides that subsection 12(2) of the Legislation
Act does not apply to the instruments.
611. The new subsection 45(6) of the Superannuation Act updates the
reference to the Legislative Instruments Act with a reference to the
Legislation Act, and updates references to the Legislative Instruments Act
with references to the Legislation Act, and updates the drafting of the
subsection to reflect amendments to section 12 of the Legislative
Instruments Act made by the Acts and Instruments (Framework Reform)
Act. The previous subsection 12(2) of the Legislative Instruments Act
provided that instruments do not have effect where they would take effect
before registration and could adversely impact upon a person. Under
subsection 12(3) of the Legislative Instruments Act, this rule was subject to
a contrary intention in the enabling Act. Instead of providing that the entire
instrument has no effect, the amended subsection 12(2) of the Legislation
Act provides that instruments do not apply in relation to a particular person
retrospectively where they would have an adverse effect on that person.
New subsection 12(3) of the Legislation Act expressly provides that, subject
to this limitation in relation to particular persons, instruments may
commence retrospectively. Accordingly, in order to produce the same
outcome as was produced by overriding the previous subsection 12(2) of the
Legislative Instruments Act, the operation of amended subsection 12(2) of
150
the Legislation Act is turned off for instruments whose retrospective
commencement is to apply to persons even if those persons are adversely
impacted by that retrospective commencement.
Superannuation Act 2005
Item 555 - Subsection 4(3)
612. Item 555 amends subsection 4(3) of the Superannuation Act 2005 to
reflect changes to section 44 of the Legislative Instruments Act by the Acts
and Instruments (Framework Reform) Act, and to update the reference to
the Legislative Instruments Act with a reference to the Legislation Act. The
current section 44 of the Legislative Instruments Act provides for
exemptions from disallowance, with general exemptions provided under
subsection 44(1) and specific exemptions listed in a table in
subsection 44(2). The table of exemptions is omitted from the amended
subsection 44(2) of the Legislation Act, and the exemptions are to be
consolidated into the regulations. Accordingly, the reference to section 44 of
the Legislative Instruments Act is updated to refer to 'regulations made for
the purposes of paragraph 44(2)(b) of the Legislation Act 2003'. This item
also inserts '(disallowance)' after the reference to section 42 of the
Legislation Act.
Item 556 - Subsection 5(2) (note)
613. Item 556 amends the note to subsection 5(2) of the Superannuation
Act 2005 to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
Item 557 - Subsection 5(3)
614. Item 557 amends subsection 5(3) of the Superannuation Act 2005 to
omit the phrase 'for the purposes of the Legislative Instruments Act 2003'.
This phrase is no longer necessary when referring to legislative instruments,
as the definition of legislative instrument is centrally provided by section 8
of the Legislation Act. That definition is generally applied by section 2B of
the Acts Interpretation Act (as amended by the Acts and Instruments
(Framework Reform) Act).
Item 558 - Subsection 5(4)
615. Item 558 amends subsection 5(4) of the Superannuation Act 2005 to
reflect changes to section 44 of the Legislative Instruments Act by the Acts
151
and Instruments (Framework Reform) Act, and to update the reference to
the Legislative Instruments Act to refer to the Legislation Act. The current
section 44 of the Legislative Instruments Act provides for exemptions from
disallowance, with general exemptions provided under subsection 44(1) and
specific exemptions listed in a table in subsection 44(2). The table of
exemptions is omitted from the amended subsection 44(2) of the Legislation
Act, and the exemptions are to be consolidated into the regulations.
Accordingly, the reference to section 44 of the Legislative Instruments Act
is updated to refer to 'regulations made for the purposes of
paragraph 44(2)(b) of the Legislation Act 2003'. This item also inserts
'(disallowance)' after the reference to section 42 of the Legislation Act.
Item 559 - Subsections 5(5) and (6)
616. Item 559 amends subsections 5(5) and (6) of the Superannuation Act
2005 to reflect changes to subsection 12(1) of the Legislative Instruments
Act by the Acts and Instruments (Framework Reform) Act by changing
'have taken effect' to 'commence'.
Item 560 - Subsections 6(1) and (2) (note)
617. Item 560 amends the notes to subsection 6(1) and (2) of the
Superannuation Act 2005 to replace the references to the Legislative
Instruments Act with references to the Legislation Act.
Item 561 - Subsection 6(3)
618. Item 561 amends subsection 6(3) of the Superannuation Act 2005 to
omit the phrase 'for the purposes of the Legislative Instruments Act 2003'.
This phrase is no longer necessary when referring to legislative instruments,
as the definition of legislative instrument is centrally provided by section 8
of the Legislation Act. That definition is generally applied by section 2B of
the Acts Interpretation Act (as amended by the Acts and Instruments
(Framework Reform) Act).
Item 562 - Subsection 6(4)
619. Item 562 amends subsection 6(4) of the Superannuation Act 2005 to
reflect changes to section 44 of the Legislative Instruments Act by the Acts
and Instruments (Framework Reform) Act, and to update the reference to
the Legislative Instruments Act to refer to the Legislation Act. The current
section 44 of the Legislative Instruments Act provides for exemptions from
disallowance, with general exemptions provided under subsection 44(1) and
152
specific exemptions listed in a table in subsection 44(2). The table of
exemptions is omitted from the amended subsection 44(2) of the Legislation
Act, and the exemptions are to be consolidated into the regulations.
Accordingly, the reference to section 44 of the Legislative Instruments Act
is updated to refer to 'regulations made for the purposes of
paragraph 44(2)(b) of the Legislation Act 2003'. This item also inserts
'(disallowance)' after the reference to section 42 of the Legislation Act.
Item 563 - Subsection 7(1) (note)
620. Item 563 amends the note to subsection 7(1) of the Superannuation
Act 2005 to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
Item 564 - Subsection 7(2)
621. Item 564 amends subsection 7(2) of the Superannuation Act 2005 to
omit the phrase 'for the purposes of the Legislative Instruments Act 2003'.
This phrase is no longer necessary when referring to legislative instruments,
as the definition of legislative instrument is centrally provided by section 8
of the Legislation Act. That definition is generally applied by section 2B of
the Acts Interpretation Act (as amended by the Acts and Instruments
(Framework Reform) Act).
Item 565 - Subsection 7(3)
622. Item 565 amends subsection 7(3) of the Superannuation Act 2005 to
reflect changes to section 44 of the Legislative Instruments Act by the Acts
and Instruments (Framework Reform) Act, and to update the reference to
the Legislative Instruments Act to refer to the Legislation Act. The current
section 44 of the Legislative Instruments Act provides for exemptions from
disallowance, with general exemptions provided under subsection 44(1) and
specific exemptions listed in a table in subsection 44(2). The table of
exemptions is omitted from the amended subsection 44(2) of the Legislation
Act, and the exemptions are to be consolidated into the regulations.
Accordingly, the reference to section 44 of the Legislative Instruments Act
is updated to refer to 'regulations made for the purposes of
paragraph 44(2)(b) of the Legislation Act 2003'. This item also inserts
'(disallowance)' after the reference to section 42 of the Legislation Act.
Item 566 - Subsections 7(4) and (5)
153
623. Item 566 amends subsections 7(4) and (5) of the Superannuation Act
2005 to reflect changes to subsection 12(1) of the Legislative Instruments
Act by the Acts and Instruments (Framework Reform) Act by changing
'have taken effect' to 'commence'.
Item 567 - Subsection 8(2) (note)
624. Item 567 amends the note to subsection 8(2) of the Superannuation
Act 2005 to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
Item 568 - Subsection 8(5)
625. Item 568 amends subsection 8(5) of the Superannuation Act 2005 to
omit the phrase 'for the purposes of the Legislative Instruments Act 2003'.
This phrase is no longer necessary when referring to legislative instruments,
as the definition of legislative instrument is centrally provided by section 8
of the Legislation Act. That definition is generally applied by section 2B of
the Acts Interpretation Act (as amended by the Acts and Instruments
(Framework Reform) Act).
Item 569 - Subsection 8(6)
626. Item 569 amends subsection 8(6) of the Superannuation Act 2005 to
reflect changes to section 44 of the Legislative Instruments Act by the Acts
and Instruments (Framework Reform) Act, and to update the reference to
the Legislative Instruments Act to refer to the Legislation Act. The current
section 44 of the Legislative Instruments Act provides for exemptions from
disallowance, with general exemptions provided under subsection 44(1) and
specific exemptions listed in a table in subsection 44(2). The table of
exemptions is omitted from the amended subsection 44(2) of the Legislation
Act, and the exemptions are to be consolidated into the regulations.
Accordingly, the reference to section 44 of the Legislative Instruments Act
is updated to refer to 'regulations made for the purposes of
paragraph 44(2)(b) of the Legislation Act 2003'. This item also inserts
'(disallowance)' after the reference to section 42 of the Legislation Act.
Item 570 - Subsection 8(7)
627. Item 570 amends subsection 8(7) of the Superannuation Act 2005 to
reflect changes to subsection 12(1) of the Legislative Instruments Act by the
Acts and Instruments (Framework Reform) Act by changing 'have taken
effect' to 'commence'.
154
Item 571 - Subsection 10(2)
628. Item 571 amends subsection 10(2) of the Superannuation Act 2005 to
omit the phrase 'for the purposes of the Legislative Instruments Act 2003'.
This phrase is no longer necessary when referring to legislative instruments,
as the definition of legislative instrument is centrally provided by section 8
of the Legislation Act. That definition is generally applied by section 2B of
the Acts Interpretation Act (as amended by the Acts and Instruments
(Framework Reform) Act). This item also inserts '(disallowance)' after the
reference to section 42 of the Legislation Act.
Item 572 - Subsection 11(3)
629. Item 572 amends subsection 11(3) of the Superannuation Act 2005 to
omit the phrase 'for the purposes of the Legislative Instruments Act 2003'.
This phrase is no longer necessary when referring to legislative instruments,
as the definition of legislative instrument is centrally provided by section 8
of the Legislation Act. That definition is generally applied by section 2B of
the Acts Interpretation Act (as amended by the Acts and Instruments
(Framework Reform) Act).
Item 573 - Subsection 11(4)
630. Item 573 amends subsection 11(4) of the Superannuation Act 2005 to
reflect changes to section 44 of the Legislative Instruments Act by the Acts
and Instruments (Framework Reform) Act, and to update the reference to
the Legislative Instruments Act to refer to the Legislation Act. The current
section 44 of the Legislative Instruments Act provides for exemptions from
disallowance, with general exemptions provided under subsection 44(1) and
specific exemptions listed in a table in subsection 44(2). The table of
exemptions is omitted from the amended subsection 44(2) of the
Legislation Act, and the exemptions are to be consolidated into the
regulations. Accordingly, the reference to section 44 of the Legislative
Instruments Act is updated to refer to 'regulations made for the purposes of
paragraph 44(2)(b) of the Legislation Act 2003'. This item also inserts
'(disallowance)' after the reference to section 42 of the Legislation Act.
Item 574 - Subsections 13(1) and (2) (note)
631. Item 574 amends the notes to subsection 13(1) and (2) of the
Superannuation Act 2005 to replace the references to the Legislative
Instruments Act with references to the Legislation Act.
155
Item 575 - Subsection 13(4)
632. Item 575 amends subsection 13(4) of the Superannuation Act 2005 to
omit the phrase 'for the purposes of the Legislative Instruments Act 2003'.
This phrase is no longer necessary when referring to legislative instruments,
as the definition of legislative instrument is centrally provided by section 8
of the Legislation Act. That definition is generally applied by section 2B of
the Acts Interpretation Act (as amended by the Acts and Instruments
(Framework Reform) Act).
Item 576 - Subsection 13(5)
633. Item 576 amends subsection 13(5) of the Superannuation Act 2005 to
reflect changes to section 44 of the Legislative Instruments Act by the Acts
and Instruments (Framework Reform) Act, and to update the reference to
the Legislative Instruments Act to refer to the Legislation Act. The current
section 44 of the Legislative Instruments Act provides for exemptions from
disallowance, with general exemptions provided under subsection 44(1) and
specific exemptions listed in a table in subsection 44(2). The table of
exemptions is omitted from the amended subsection 44(2) of the Legislation
Act, and the exemptions are to be consolidated into the Regulations.
Accordingly, the reference to section 44 of the Legislative Instruments Act
is updated to refer to 'regulations made for the purposes of
paragraph 44(2)(b) of the Legislation Act 2003'. This item also inserts
'(disallowance)' after the reference to section 42 of the Legislation Act.
Item 577 - Subsections 13(6) and (7)
634. Item 577 amends subsections 13(6) and (7) of the Superannuation
Act 2005 to reflect changes to subsection 12(1) of the Legislative
Instruments Act by the Acts and Instruments (Framework Reform) Act by
changing 'have taken effect' to 'commence'.
Item 578 - Subsection 16(1) (note)
635. Item 578 amends the note to subsection 16(1) of the Superannuation
Act 2005 to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
Item 579 - Subsection 16(2)
636. Item 579 amends subsection 16(2) of the Superannuation Act 2005 to
omit the phrase 'for the purposes of the Legislative Instruments Act 2003'.
156
This phrase is no longer necessary when referring to legislative instruments,
as the definition of legislative instrument is centrally provided by section 8
of the Legislation Act. That definition is generally applied by section 2B of
the Acts Interpretation Act (as amended by the Acts and Instruments
(Framework Reform) Act).
Item 580 - Subsection 16(3)
637. Item 580 amends subsection 16(3) of the Superannuation Act 2005 to
reflect changes to section 44 of the Legislative Instruments Act by the Acts
and Instruments (Framework Reform) Act and to update the reference to the
Legislative Instruments Act to refer to the Legislation Act. The current
section 44 of the Legislative Instruments Act provides for exemptions from
disallowance, with general exemptions provided under subsection 44(1) and
specific exemptions listed in a table in subsection 44(2). The table of
exemptions is omitted from the amended subsection 44(2) of the
Legislation Act, and the exemptions are to be consolidated into the
regulations. Accordingly, the reference to section 44 of the Legislative
Instruments Act is updated to refer to 'regulations made for the purposes of
paragraph 44(2)(b) of the Legislation Act 2003'. This item also inserts
'(disallowance)' after the reference to section 42 of the Legislation Act.
Item 581 - Subsection 19(4)
638. Item 581 amends subsection 19(4) of the Superannuation Act 2005 to
omit the phrase 'for the purposes of the Legislative Instruments Act 2003'.
This phrase is no longer necessary when referring to legislative instruments,
as the definition of legislative instrument is centrally provided by section 8
of the Legislation Act. That definition is generally applied by section 2B of
the Acts Interpretation Act (as amended by the Acts and Instruments
(Framework Reform) Act).
Item 582 - Subsection 19(5)
639. Item 582 amends subsection 19(5) of the Superannuation Act 2005 to
reflect changes to section 44 of the Legislative Instruments Act by the Acts
and Instruments (Framework Reform) Act, and to update the reference to
the Legislative Instruments Act to refer to the Legislation Act. The current
section 44 of the Legislative Instruments Act provides for exemptions from
disallowance, with general exemptions provided under subsection 44(1) and
specific exemptions listed in a table in subsection 44(2). The table of
exemptions is omitted from the amended subsection 44(2) of the Legislation
Act, and the exemptions are to be consolidated into the regulations.
157
Accordingly, the reference to section 44 of the Legislative Instruments Act
is updated to refer to 'regulations made for the purposes of
paragraph 44(2)(b) of the Legislation Act 2003'. This item also inserts
'(disallowance)' after the reference to section 42 of the Legislation Act.
Item 583 - Paragraph 32(1)(b)
640. Item 583 amends paragraph 32(1)(b) of the Superannuation Act 2005
to omit the phrase 'for the purposes of the Legislative Instruments Act
2003'. This phrase is no longer necessary when referring to legislative
instruments, as the definition of legislative instrument is centrally provided
by section 8 of the Legislation Act. That definition is generally applied by
section 2B of the Acts Interpretation Act (as amended by the Acts and
Instruments (Framework Reform) Act).
Item 584 - Subsections 34(5) and 39(3)
641. Item 584 amends subsections 34(5) and 39(3) of the Superannuation
Act 2005 to omit the phrase 'for the purposes of the Legislative Instruments
Act 2003'. This phrase is no longer necessary when referring to legislative
instruments, as the definition of legislative instrument is centrally provided
by section 8 of the Legislation Act. That definition is generally applied by
section 2B of the Acts Interpretation Act (as amended by the Acts and
Instruments (Framework Reform) Act).
642. This item also amends the subsections to replace the references to the
Legislative Instruments Act with references to the Legislation Act, and
inserts '(disallowance)' after the reference to section 42 of the
Legislation Act.
Superannuation Industry (Supervision) Act 1993
Item 585 - Subsection 34K(8)
643. Item 585 amends subsection 34K(8) of the Superannuation Industry
(Supervision) Act 1993 to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
Item 586 - Subsection 34K(9) (note)
644. Item 586 amends the note to subsection 34K(9) of the
Superannuation Industry (Supervision) Act to replace the reference to the
Legislative Instruments Act with a reference to the Legislation Act.
158
Item 587 - Subsection 50(6) (heading)
645. Item 587 repeals the heading to subsection 50(6) of the
Superannuation Industry (Supervision) Act and substitutes a new heading to
replace the reference to the Legislative Instruments Act with a reference to
the Legislation Act.
Item 588 - Subsections 50(6), 128Q(5) and 142(9)
646. Item 588 amends subsections 50(6), 128Q(5) and 142(9) of the
Superannuation Industry (Supervision) Act to replace the references to the
Legislative Instruments Act with references to the Legislation Act.
Superannuation Legislation Amendment (Simplification) Act 2007
Item 589 - Section 4
647. Item 589 amends section 4 of the Superannuation Legislation
Amendment (Simplification) Act 2007 to omit the phrase '(within the
meaning of the Legislative Instruments Act 2003)'. This phrase is no longer
necessary when referring to legislative instruments, as the definition of
legislative instrument is centrally provided by section 8 of the Legislation
Act. That definition is generally applied by section 2B of the Acts
Interpretation Act (as amended by the Acts and Instruments (Framework
Reform) Act).
Superannuation (Productivity Benefit) Act 1988
Item 590 - Section 9B
648. Item 590 amends Section 9B of the Superannuation (Productivity
Benefit) Act 1988 to reflect changes to section 44 of the Legislative
Instruments Act by the Acts and Instruments (Framework Reform) Act and
to update the reference to the Legislative Instruments Act to refer to the
Legislation Act. The current section 44 of the Legislative Instruments Act
provides for exemptions from disallowance, with general exemptions
provided under subsection 44(1) and specific exemptions listed in a table in
subsection 44(2). The table of exemptions is omitted from the amended
subsection 44(2) of the Legislation Act, and the exemptions are to be
consolidated into the Regulations. Accordingly, the reference to section 44
of the Legislative Instruments Act is updated to refer to 'regulations made
for the purposes of paragraph 44(2)(b) of the Legislation Act 2003'. This
159
item also inserts '(disallowance)' after the reference to section 42 of the
Legislation Act.
Superannuation (Unclaimed Money and Lost Members) Act 1999
Items 591-594 - Subsections 18AA(1) (note 1), 20AA(2) (note), 20JA(1)
(note 1) and 24HA(1) (note)
649. Items 591 to 594 amend note 1 to subsections 18AA(1), 20JA(1)
and 24HA(1) and the note to subsection 20AA(2) of the Superannuation
(Unclaimed Money and Lost Members) Act 1999 to replace the references to
the Legislative Instruments Act with references to the Legislation Act.
Surveillance Devices Act 2004
Item 595 - Subsections 12(6), 31(2), 33(4), 40(2), 42(7), 52(2) and 53(5)
650. Item 595 amends subsections 12(6), 31(2), 33(4), 40(2), 42(7), 52(2)
and 53(5) of the Surveillance Devices Act 2004 to omit the phrase 'for the
purposes of the Legislative Instruments Act 2003'. This phrase is no longer
necessary when referring to legislative instruments, as the definition of
legislative instrument is centrally provided by section 8 of the Legislation
Act. That definition is generally applied by section 2B of the Acts
Interpretation Act 1901 (as amended by the Acts and Instruments
(Framework Reform) Act).
Sydney Airport Demand Management Act 1997
Item 596 - Subsection 8(4)
651. Item 596 amends subsection 8(4) of the Sydney Airport Demand
Management Act 1997 to replace the reference to Part 3 of the Legislative
Instruments Act with a reference to section 17 of the Legislation Act. This
updates the relevant reference to consultation requirements in section 17 of
the Legislation Act to reflect amendments to Part 3 of the Legislative
Instruments Act made by the Acts and Instruments (Framework
Reform) Act.
Item 597 - Subsection 46(6)
652. Item 597 amends subsection 46(6) of the Sydney Airport Demand
Management Act to omit the phrase 'for the purposes of the Legislative
Instruments Act 2003)'. This phrase is no longer necessary when referring to
160
legislative instruments, as the definition of legislative instrument is
centrally provided by section 8 of the Legislation Act. That definition is
generally applied by section 2B of the Acts Interpretation Act (as amended
by the Acts and Instruments (Framework Reform) Act).
Item 598 - Subsection 59A(3) (note)
653. Item 598 amends the note to subsection 59A(3) of the Sydney Airport
Demand Management Act to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
Item 599 - Subsection 59A(5)
654. Item 599 amends subsection 59A(5) of the Sydney Airport Demand
Management Act to replace the reference to the Legislative Instruments Act
with a reference to the Legislation Act.
Tax Agent Services Act 2009
Item 600 - Subsections 90-5(2) and 90-10(2) (note)
655. Item 600 amends the notes to subsections 90-5(2) and 90-10(2) of the
Tax Agent Services Act 2009 to replace the references to the Legislative
Instruments Act with references to the Legislation Act.
Taxation Administration Act 1953
Item 601 - Subsection 45-114(3) in Schedule 1 (note)
656. Item 601 amends the note to subsection 45-114(3) in Schedule 1 to
the Taxation Administration Act 1953 to replace the reference to the
Legislative Instruments Act with a reference to the Legislation Act.
Item 602 - Subsection 133-130(3) in Schedule 1
657. Item 602 repeals subsection 133-130(3) in Schedule 1 of the Taxation
Administration Act, which provides that despite subsection 12(2) of the
Legislative Instruments Act instruments made under subsection 133-130(2)
of the Taxation Administration Act may be expressed to take effect from
any time on or after 1 July 2012. This is replaced with new
subsections 133-130(3) and 133-130(4). The new subsection 133-130(3)
provides that subsection 12(2) of the Legislation Act does not apply to the
instruments. The new subsection 133-130(4) provides that despite
161
subsection 12(3) of the Legislation Act, the instrument must not commence
before 1 July 2012.
658. This new subsection 133-130(3) updates the reference to the
Legislative Instruments Act to refer to the Legislation Act and updates the
drafting of the subsection to reflect amendments to section 12 made by the
Acts and Instruments (Framework Reform) Act. The previous
subsection 12(2) provided that instruments do not have effect where they
would take effect before registration and could adversely impact upon a
person. Under subsection 12(3), this rule was subject to a contrary intention
in the enabling Act. Instead of providing that the entire instrument has no
effect, the amended subsection 12(2) provides that instruments do not apply
in relation to a particular person retrospectively where they would have an
adverse effect on that person. New subsection 12(3) expressly provides that,
subject to this limitation in relation to particular persons, instruments may
commence retrospectively. Accordingly, in order to produce the same
outcome as was produced by overriding the previous subsection 12(2), the
operation of amended subsection 12(2) is turned off for instruments whose
retrospective commencement is to apply to persons even if those persons are
adversely impacted by that retrospective commencement.
659. Further, by expressly providing that instruments must not commence
before 1 July 2012, the new subsection 133-130(3) displaces
subsection 12(3) of the Legislation Act. It thus limits retrospective
commencement to on or after 1 July 2012 to preserve the effect of
subsection 133-130(3).
Item 603 - Subsection 355-55(1) in Schedule 1 (note 2)
660. Item 603 amends note 2 to subclause 355-55(1) of Schedule 1 to the
Taxation Administration Act to replace the reference to section 19A of the
Acts Interpretation Act with a reference to section 19. The current sections
19 and 19A of the Acts and Interpretation Act are repealed by the Acts and
Instruments (Framework Reform) Act and replaced by the new section 19.
Telecommunications Act 1997
Item 604 - Subsection 69(8)
661. Item 604 amends subsection 69(8) of the Telecommunications Act
1997 to omit the phrase 'for the purposes of the Legislative Instruments Act
2003'. This phrase is no longer necessary when referring to legislative
instruments, as the definition of legislative instrument is centrally provided
162
by section 8 of the Legislation Act. That definition is generally applied by
section 2B of the Acts Interpretation Act (as amended by the Acts and
Instruments (Framework Reform) Act).
Item 605 - Subsections 87(4), 95(1) and 96(1) (note)
662. Item 605 amends the notes to subsections 87(4), 95(1) and 96(1) of
the Telecommunications Act to replace the references to the Legislative
Instruments Act with references to the Legislation Act.
Item 606 - Subsections 102(7), 121(5) and 136B(4)
663. Item 606 amends subsections 102(7), 121(5) and 136B(4) of the
Telecommunications Act to omit the phrase 'for the purposes of the
Legislative Instruments Act 2003'. This phrase is no longer necessary when
referring to legislative instruments, as the definition of legislative
instrument is centrally provided by section 8 of the Legislation Act. That
definition is generally applied by section 2B of the Acts Interpretation Act
(as amended by the Acts and Instruments (Framework Reform) Act).
Item 607 - Subsection 136C(5) (note)
664. Item 607 amends the note to subsection 136C(5) of the
Telecommunications Act to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
Item 608 - Subsection 136C(7)
665. Item 608 amends subsection 136C(7) of the Telecommunications Act
to omit the phrase 'for the purposes of the Legislative Instruments Act
2003'. This phrase is no longer necessary when referring to legislative
instruments, as the definition of 'legislative instrument' is centrally
provided by section 8 of the Legislation Act. That definition is generally
applied by section 2B of the Acts Interpretation Act (as amended by the
Acts and Instruments (Framework Reform) Act).
Item 609 - Subsection 136E(1) (note)
666. Item 609 amends the note to subsection 136E(1) of the
Telecommunications Act to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
Item 610 - Subsection 136E(2)
163
667. Item 610 amends subsection 136E(2) of the Telecommunications Act
to omit the phrase 'for the purposes of the Legislative Instruments Act
2003'. This phrase is no longer necessary when referring to legislative
instruments, as the definition of legislative instrument is centrally provided
by section 8 of the Legislation Act. That definition is generally applied by
section 2B of the Acts Interpretation Act (as amended by the Acts and
Instruments (Framework Reform) Act).
Items 611-614 - Subsections 372B(1) (note 4), 372C(1) (note 3), 372K(1),
(3), (5) and (7) (note), and 372N(1) (note)
668. Items 611 to 614 amend note 4 to subsection 372B(1), note 3 to
subsection 372C(1) and the notes to subsections 372K(1), (3), (5) and (7)
and 372N(1) of the Telecommunications Act to replace the references to the
Legislative Instruments Act with references to the Legislation Act.
Item 615 - Subsection 460(4A)
669. Item 615 amends subsection 460(4A) of the Telecommunications Act
to omit the phrase 'for the purposes of the Legislative Instruments Act
2003'. This phrase is no longer necessary when referring to legislative
instruments, as the definition of legislative instrument is centrally provided
by section 8 of the Legislation Act. That definition is generally applied by
section 2B of the Acts Interpretation Act (as amended by the Acts and
Instruments (Framework Reform) Act).
Item 616 - Subsection 572M(2) (note)
670. Item 616 amends the note to subsection 572M(2) of the
Telecommunications Act to replace the reference to Part 3 of the Legislative
Instruments Act with a reference to section 17 of the Legislation Act. This
updates the relevant reference to consultation requirements in section 17 of
the Legislation Act to reflect amendments to Part 3 of the Legislative
Instruments Act made by the Acts and Instruments (Framework Reform)
Act.
Item 617 - Subclause 47(6) of Schedule 1
671. Item 617 amends subclause 47(6) of Schedule 1 to the
Telecommunications Act to omit the phrase 'for the purposes of the
Legislative Instruments Act 2003'. This phrase is no longer necessary when
referring to legislative instruments, as the definition of legislative
instrument is centrally provided by section 8 of the Legislation Act. That
164
definition is generally applied by section 2B of the Acts Interpretation Act
(as amended by the Acts and Instruments (Framework Reform) Act).
Items 618-620 - Notes to subclauses 6(3), 44(4) and (5), and 46(1) of
Schedule 3
672. Items 618 to 620 amend the notes to subclauses 6(3), 44(4) and (5),
and 46(1) of Schedule 3 to the Telecommunications Act to replace the
references to the Legislative Instruments Act with references to the
Legislation Act.
Telecommunications (Carrier Licence Charges) Act 1997
Item 621 - Subsections 9(2), 14(2) and 15(2)
673. Item 621 amends subsections 9(2), 14(2) and 15(2) of the
Telecommunications (Carrier Licence Charges) Act 1997 to omit the phrase
'for the purposes of the Legislative Instruments Act 2003'. This phrase is no
longer necessary when referring to legislative instruments, as the definition
of legislative instrument is centrally provided by section 8 of the
Legislation Act. That definition is generally applied by section 2B of the
Acts Interpretation Act (as amended by the Acts and Instruments
(Framework Reform) Act).to replace the references to the Legislative
Instruments Act with references to the Legislation Act.
Telecommunications (Consumer Protection and Service Standards) Act
1999
Item 622 - Subparagraphs 8J(2)(b)(ii) and 8K(2)(b)(ii)
674. Item 622 amends subparagraphs 8J(2)(b)(ii) and 8K(2)(b)(ii) of the
Telecommunications (Consumer Protection and Service Standards) Act
1999 to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
Item 623- Paragraph 9(2AAA)(b)
675. Item 623 amends paragraph 9(2AAA)(b) of the Telecommunications
(Consumer Protection and Service Standards) Act to replace the reference to
the Legislative Instruments Act with a reference to the Legislation Act.
Item 624 - Paragraph 9(2AA)(b)
165
676. Item 624 amends paragraph 9(2AA)(b) of the Telecommunications
(Consumer Protection and Service Standards) Act to replace the reference to
the Legislative Instruments Act with a reference to the Legislation Act.
Item 625 - Subsection 158P(8)
677. Item 625 amends subsection 158P(8) of the Telecommunications
(Consumer Protection and Service Standards) Act to omit the phrase 'for the
purposes of the Legislative Instruments Act 2003'. This phrase is no longer
necessary when referring to legislative instruments, as the definition of
legislative instrument is centrally provided by section 8 of the Legislation
Act. That definition is generally applied by section 2B of the Acts
Interpretation Act (as amended by the Acts and Instruments (Framework
Reform) Act).
678. This item also amends the subsection to replace the reference to the
Legislative Instruments Act with a reference to the Legislation Act, and
inserts '(disallowance)' after the reference to section 42 of the
Legislation Act.
Telecommunications (Interception and Access) Act 1979
Item 626 - Subsection 6(2C)
679. Item 626 amends subsection 6(2C) of the Telecommunications
(Interception and Access) Act 1979 to omit the phrase 'for the purposes of
the Legislative Instruments Act 2003)'. This phrase is no longer necessary
when referring to legislative instruments, as the definition of legislative
instrument is centrally provided by section 8 of the Legislation Act. That
definition is generally applied by section 2B of the Acts Interpretation Act
(as amended by the Acts and Instruments (Framework Reform) Act).
Item 627 - Subsection 6(2E)
680. Item 627 amends subsection 6(2E) of the Telecommunications
(Interception and Access) Act to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
Telecommunications (Numbering Charges) Act 1997
Item 628 - Subsections 15(2) and 22(3) (note)
166
681. Item 628 amends the notes to subsections 15(2) and 22(3) of the
Telecommunications (Numbering Charges) Act 1997 to replace the
reference to the Legislative Instruments Act with a reference to the
Legislation Act.
Telstra Corporation Act 1991
Item 629 - Subsection 8AJ(3B)
682. Item 629 amends subsection 8AJ(3B) of the Telstra Corporation Act
1991 to omit the phrase 'for the purposes of the Legislative Instruments Act
2003'. This phrase is no longer necessary when referring to legislative
instruments, as the definition of legislative instrument is centrally provided
by section 8 of the Legislation Act. That definition is generally applied by
section 2B of the Acts Interpretation Act (as amended by the Acts and
Instruments (Framework Reform) Act).
683. This item also amends subsection 8AJ(3B) to replace the reference to
the Legislative Instruments Act with a reference to the Legislation Act, and
inserts '(disallowance)' after the reference to section 42.
Item 630 - Subsection 8AJ(6C)
684. Item 630 amends subsection 8AJ(6C) of the Telstra Corporation Act
to omit the phrase 'for the purposes of the Legislative Instruments Act
2003)'. This phrase is no longer necessary when referring to legislative
instruments, as the definition of legislative instrument is centrally provided
by section 8 of the Legislation Act. That definition is generally applied by
section 2B of the Acts Interpretation Act (as amended by the Acts and
Instruments (Framework Reform) Act).
Item 631 - Subsection 8AJA(7)
685. Item 631 amends subsection 8AJA(7) of the Telstra Corporation Act
to omit the phrase 'for the purposes of the Legislative Instruments Act
2003'. This phrase is no longer necessary when referring to legislative
instruments, as the definition of legislative instrument is centrally provided
by section 8 of the Legislation Act. That definition is generally applied by
section 2B of the Acts Interpretation Act (as amended by the Acts and
Instruments (Framework Reform) Act).
686. This item also amends subsection 8AJA(7) to replace the reference to
the Legislative Instruments Act with a reference to the Legislation Act, and
167
inserts '(disallowance)' after the reference to section 42 of the
Legislation Act.
Item 632 - Subsection 8AYB(6)
687. Item 632 amends subsection 8AYB(6) of the Telstra Corporation Act
to omit the phrase 'for the purposes of the Legislative Instruments Act
2003)'. This phrase is no longer necessary when referring to legislative
instruments, as the definition of legislative instrument is centrally provided
by section 8 of the Legislation Act. That definition is generally applied by
section 2B of the Acts Interpretation Act (as amended by the Acts and
Instruments (Framework Reform) Act).
Item 633 - Subsection 12(3)
688. Item 633 amends subsection 12(3) of the Telstra Corporation Act to
omit the phrase 'disallowable instrument for the purposes of section 46A of
the Acts Interpretation Act 1901' and substitute 'legislative instrument'.
This amendment removes a redundant reference to the repealed section 46A
and reflects changes to the Legislative Instruments Act by the Acts and
Instruments (Framework Reform) Act, which adds section 57A to the
Legislation Act. This Act adds new section 57A, which provides that an
instrument is a legislative instrument if it is made under a power delegated
by the Parliament before 1 January 2005 and is declared to be a disallowable
instrument in accordance with a provision of the enabling legislation for the
purposes of section 46A of the Acts Interpretation Act as in force at any
time before 1 January 2005. This amendment does not change the effect of
the provision.
Item 634 - Subclause 12(4AB) of the Schedule (note)
689. Item 634 amends the note to subclause 12(4AB) of the Schedule to
the Telstra Corporation Act to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
Item 635 - Subclause 12(8) of the Schedule
690. Item 635 amends subclause 12(8) of the Schedule to the Telstra
Corporation Act to omit the phrase 'for the purposes of the Legislative
Instruments Act 2003'. This phrase is no longer necessary when referring to
legislative instruments, as the definition of legislative instrument is
centrally provided by section 8 of the Legislation Act. That definition is
168
generally applied by section 2B of the Acts Interpretation Act (as amended
by the Acts and Instruments (Framework Reform) Act).
691. This item also amends subsection 12(8) to replace the reference to the
Legislative Instruments Act with a reference to the Legislation Act, and
inserts '(disallowance)' after the reference to section 42 of the
Legislation Act.
Tertiary Education Quality and Standards Agency Act 2011
Item 636 - Subsection 58(5)
692. Item 636 amends subsection 58(5) of the Tertiary Education Quality
and Standards Agency Act 2011to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
Item 637 - Subsection 136(1) (note)
693. Item 637 repeals the note to subsection 136(1) of the Tertiary
Education Quality and Standards Agency Act and substitutes a new note to
replace the reference to the Legislative Instruments Act with a reference to
the Legislation Act and direct the reader to the relevant regulations where
sunsetting exemptions are to be consolidated.
Item 638 - Subsection 136(2B)
694. Item 638 amends subsection 136(2B) of the Tertiary Education
Quality and Standards Agency Act to reflect changes to section 44 of the
Legislative Instruments Act by the Acts and Instruments (Framework
Reform) Act and to update the reference to the Legislative Instruments Act
to refer to the Legislation Act. The current section 44 of the Legislative
Instruments Act provides for exemptions from disallowance, with general
exemptions provided under subsection 44(1) and specific exemptions listed
in a table in subsection 44(2). The table of exemptions is omitted from the
amended subsection 44(2) and the exemptions are to be consolidated into
the regulations. Accordingly, the reference to section 44 of the Legislative
Instruments Act is updated to refer to 'regulations made for the purposes of
paragraph 44(2)(b) of the Legislation Act 2003'.
Item 639 - Subsection 136(2B) (note)
169
695. Item 639 amends the note to subsection 136(2B) of the Tertiary
Education Quality and Standards Agency Act to replace the reference to the
Legislative Instruments Act with a reference to the Legislation Act.
Item 640 - Subsection 155(1) (note)
696. Item 640 repeals the note to subsection 155(1) of the Tertiary
Education Quality and Standards Agency Act and substitutes a new note to
replace the reference to the Legislative Instruments Act with a reference to
the Legislation Act and direct the reader to the relevant regulations where
sunsetting exemptions are to be consolidated.
Item 641 - Subsection 155(1A)
697. Item 641 amends subsection 155(1A) of the Tertiary Education
Quality and Standards Agency Act to reflect changes to section 44 of the
Legislative Instruments Act by the Acts and Instruments (Framework
Reform) Act and to update the reference to the Legislative Instruments Act
to refer to the Legislation Act. The current section 44 of the Legislative
Instruments Act provides for exemptions from disallowance, with general
exemptions provided under subsection 44(1) and specific exemptions listed
in a table in subsection 44(2). The table of exemptions is omitted from the
amended subsection 44(2) and the exemptions are to be consolidated into
the regulations. Accordingly, the reference to section 44 of the Legislative
Instruments Act is updated to refer to 'regulations made for the purposes of
paragraph 44(2)(b) of the Legislation Act 2003'.
Item 642 - Subsection 155(1A) (note)
698. Item 642 amends the note to subsection 155(1A) of the Tertiary
Education Quality and Standards Agency Act to replace the reference to the
Legislative Instruments Act with a reference to the Legislation Act.
Therapeutic Goods Act 1989
Item 643 - Subsections 3AA(4), 3AB(4), 3C(1) and 7AA(1) and (2) (note)
699. Item 643 amends the notes to subsections 3AA(4), 3AB(4), 3C(1)
and 7AA(1) and (2) of the Therapeutic Goods Act 1989 to replace the
references to the Legislative Instruments Act with references to the
Legislation Act.
Item 644 - Subsections 10(1) and (3A) (note)
170
700. Item 644 repeals the notes to subsections 10(1) and (3A) of the
Therapeutic Goods Act and substitutes new notes to replace the references
to the Legislative Instruments Act with references to the Legislation Act.
Item 645 - Subsection 26BB(8)
701. Item 645 amends subsection 26BB(8) of the Therapeutic Goods Act
to replace the reference to the Legislative Instruments Act with a reference
to the Legislation Act.
Item 646 - Subsection 30F(4A)
702. Item 646 amends subsection 30F(4A) of the Therapeutic Goods Act
to omit the phrase 'for the purposes of the Legislative Instruments Act
2003)'. This phrase is no longer necessary when referring to legislative
instruments, as the definition of legislative instrument is centrally provided
by section 8 of the Legislation Act. That definition is generally applied by
section 2B of the Acts Interpretation Act (as amended by the Acts and
Instruments (Framework Reform) Act).
Item 647 - Subsections 32A(2) and (3) and 32CA(1) and (2) (note)
703. Item 647 amends the notes to subsections 32A(2) and (3),
and 32CA(1) and (2) of the Therapeutic Goods Act to replace the references
to the Legislative Instruments Act with references to the Legislation Act.
Item 648 - Subsections 41CB(1) and 41DC(1) (note)
704. Item 648 repeals the notes to subsections 41CB(1) and 41DC(1) of
the Therapeutic Goods Act and substitutes new notes to replace the
references to the Legislative Instruments Act with references to the
Legislation Act.
Item 649 - Subsections 41HD(1) and (2) and 52A(2) (note)
705. Item 649 amends the notes to subsections 41HD(1) and (2),
and 52A(2) of the Therapeutic Goods Act to replace the references to the
Legislative Instruments Act with references to the Legislation Act.
Item 650 - Subsections 52D(4A) and (4B)
171
706. Item 650 amends subsections 52D(4A) and (4B) of the Therapeutic
Goods Act to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
Item 651 - Section 52EA
707. Item 651 repeals section 52EA of the Therapeutic Goods Act which
provides that section 42 of the Legislative Instruments Act does not apply to
instruments listed in subsection 52EA(1) of the Therapeutic Goods Act.
Section 52EA of the Therapeutic Goods Act also provides for deemed
registration of instruments under Division 3 of Part 4 of the Legislative
Instruments Act. This section is no longer necessary as it is spent, and its
repeal does not alter existing arrangements.
Tourism Australia Act 2004
Item 652 - Subsections 41(3) and 42(3)
708. Item 652 amends subsections 41(3) and 42(3) of the Tourism
Australia Act 2004 to omit the phrase 'for the purposes of the Legislative
Instruments Act 2003)'. This phrase is no longer necessary when referring to
legislative instruments, as the definition of legislative instrument is
centrally provided by section 8 of the Legislation Act. That definition is
generally applied by section 2B of the Acts Interpretation Act (as amended
by the Acts and Instruments (Framework Reform) Act).
Item 653 - Subsection 60(3) (note)
709. Item 653 amends the note to subsection 60(3) of the Tourism
Australia Act to replace the reference to the Legislative Instruments Act
with a reference to the Legislation Act.
Veterans' Entitlements Act 1986
Item 654 - Subsection 5LA(12) (heading)
710. Item 654 repeals the heading to subsection 5LA(12) of the Veterans'
Entitlements Act 1986 and substitutes a new heading to replace the reference
to the Legislative Instruments Act with a reference to the Legislation Act.
Item 655 - Subsection 29(11)
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711. Item 655 repeals subsection 29(11) of the Veterans' Entitlements Act
which provides that despite subsection 12(2) of the Legislative Instruments
Act instruments made under subsection 29(1) or (2) of the Veterans'
Entitlements Act may be expressed to take effect from a date before they are
registered. This is replaced with a new subsection 29(11) of the Veterans'
Entitlements Act which provides that subsection 12(2) of the Legislation
Act does not apply to the instruments.
712. The new subsection 29(11) of the Veterans' Entitlements Act updates
the reference to the Legislative Instruments Act to refer to the Legislation
Act and updates the drafting of the subsection to reflect amendments to
section 12 made by the Acts and Instruments (Framework Reform) Act. The
previous subsection 12(2) provided that instruments do not have effect
where they would take effect before registration and could adversely impact
upon a person. Under subsection 12(3), this rule was subject to a contrary
intention in the enabling Act. Instead of providing that the entire instrument
has no effect, the amended subsection 12(2) provides that instruments do
not apply in relation to a particular person retrospectively where they would
have an adverse effect on that person. New subsection 12(3) expressly
provides that, subject to this limitation in relation to particular persons,
instruments may commence retrospectively. Accordingly, in order to
produce the same outcome as was produced by overriding the previous
subsection 12(2), the operation of amended subsection 12(2) is turned off
for instruments whose retrospective commencement is to apply to persons
even if those persons are adversely impacted by that retrospective
commencement.
Item 656 - Subsection 45TO(1A)
713. Item 656 amends subsection 45TO(1A) of the Veterans' Entitlements
Act to reflect changes to subsection 12(1) of the Legislative Instruments Act
by the Acts and Instruments (Framework Reform) Act by removing the
phrase 'Despite section 12 of the Legislative Instruments Act 2003'.
Item 657 - After subsection 45TO(1A)
714. Item 657 adds a new subsection after subsection 45TO(1A) of the
Veterans' Entitlements Act which provides that subsection 12(2) of the
Legislation Act does not apply to declarations made under
subsection 45TO(1) of the Veterans' Entitlements Act.
715. The new subsection 45TO(1B) of the Veterans' Entitlements Act
reflects amendments to section 12 made by the Acts and Instruments
173
(Framework Reform) Act. The previous subsection 12(2) provided that
instruments do not have effect where they would take effect before
registration and could adversely impact upon a person. Under
subsection 12(3), this rule was subject to a contrary intention in the enabling
Act. Instead of providing that the entire instrument has no effect, the
amended subsection 12(2) provides that instruments do not apply in relation
to a particular person retrospectively where they would have an adverse
effect on that person. New subsection 12(3) expressly provides that, subject
to this limitation in relation to particular persons, instruments may
commence retrospectively. Accordingly, in order to produce the same
outcome as was produced by overriding the previous subsection 12(2), the
operation of amended subsection 12(2) is turned off for instruments whose
retrospective commencement is to apply to persons even if those persons are
adversely impacted by that retrospective commencement.
Item 658 - Subsection 90A(6)
716. Item 658 amends subsection 90A(6) of the Veterans' Entitlements
Act to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
Items 659-660 - Subsection 196B(13)
717. Items 659 and 660 amend subsection 196B(13) of the Veterans'
Entitlements Act to reflect changes to subsection 12(1) of the Legislative
Instruments Act by the Acts and Instruments (Framework Reform) Act by
removing the phrase 'Despite section 12 of the Legislative Instruments Act
2003' and changing 'to be taken to have had effect from' to 'taken to have
commenced on'.
Item 661 - After subsection 196B(13)
718. Item 661 adds a new subsection after subsection 196B(13) of the
Veterans' Entitlements Act which provides that subsection 12(2) of the
Legislation Act does not apply to determinations made under
subsections 196B(10), (11) and (12) of the Veterans' Entitlements Act.
719. The new subsection 196B(13A) of the Veterans' Entitlements Act
reflects amendments to section 12 made by the Acts and Instruments
(Framework Reform) Act. The previous subsection 12(2) provided that
instruments do not have effect where they would take effect before
registration and could adversely impact upon a person. Under
subsection 12(3), this rule was subject to a contrary intention in the enabling
174
Act. Instead of providing that the entire instrument has no effect, the
amended subsection 12(2) provides that instruments do not apply in relation
to a particular person retrospectively where they would have an adverse
effect on that person. New subsection 12(3) expressly provides that, subject
to this limitation in relation to particular persons, instruments may
commence retrospectively. Accordingly, in order to produce the same
outcome as was produced by overriding the previous subsection 12(2), the
operation of amended subsection 12(2) is turned off for instruments whose
retrospective commencement is to apply to persons even if those persons are
adversely impacted by that retrospective commencement.
Item 662 - Paragraph 196W(3)(a)
720. Item 662 amends paragraph 196W(3)(a) of the Veterans'
Entitlements Act to replace the reference to the Legislative Instruments Act
with a reference to the Legislation Act.
Water Efficiency Labelling and Standards Act 2005
Item 663 - Subsection 12(2)
721. Item 663 amends subsection 12(2) of the Water Labelling and
Standards Act 2005 to omit the phrase 'for the purposes of the Legislative
Instruments Act 2003)'. This phrase is no longer necessary when referring to
legislative instruments, as the definition of legislative instrument is
centrally provided by section 8 of the Legislation Act. That definition is
generally applied by section 2B of the Acts Interpretation Act (as amended
by the Acts and Instruments (Framework Reform) Act).
722. This item also amends subsection 12(2) of the Water Efficiency
Labelling and Standards Act to omit the references to section 42 and Part 6
of the Legislative Instruments Act. Section 42 and Part 6 deal with
disallowance and sunsetting of legislative instruments respectively. This
amendment removes an outdated reference to the Legislative Instruments
Act. It also removes the exemptions from disallowance and sunsetting for
instruments made under paragraph 12(1)(b) of the Water Efficiency
Labelling and Standards Act, as those exemptions already fall within
subsections 44(1) and 54(1) of the Legislative Instruments Act.
Accordingly, the legal effect of the exemptions will be preserved.
Item 664 - At the end of subsection 12(2)
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723. Item 664 adds notes to the end of subsection 12(2) of the Water
Efficiency Labelling and Standards Act. The notes explain that
section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act do not apply to instruments made under section 14(1) of the
Water Efficiency Labelling and Standards Act as those exemptions already
fall within subsections 44(1) and 54(1) of the Legislative Instruments Act.
The notes direct the reader to the Legislation Act where the exemptions will
be preserved.
Item 665 - Subsection 18(3)
724. Item 665 repeals subsection 18(3) of the Water Efficiency Labelling
and Standards Act and substitutes a new subsection to update the reference
to section 42 (disallowance) of the Legislative Instruments Act to refer to
the Legislation Act. The item also omits the reference to Part 6 of the
Legislative Instruments Act. Part 6 deals with sunsetting of legislative
instruments. This amendment removes the exemption from sunsetting for
instruments made under subsection 18(1) of the Water Efficiency Labelling
and Standards Act, as that exemption already falls within subsection 54(1)
of the Legislative Instruments Act. Accordingly, the legal effect of the
sunsetting exemption will be preserved.
725. This item also adds a note at the end of the new subsection 18(3)
which explains that Part 4 of Chapter 3 (sunsetting) of the Legislation Act
does not apply to instruments made under section 18(1) of the Water
Efficiency Labelling and Standards Act as they are exempted under
subsection 54(1) of the Legislative Instruments Act. This note directs the
reader to the Legislation Act where this exemption will be preserved.
Item 666 - Subsection 26(7)
726. Item 666 amends subsection 26(7) of the Water Efficiency Labelling
and Standards Act to replace the reference to the Legislative Instruments
Act with a reference to the Legislation Act and inserts '(disallowance)' after
the reference to section 42 of the Legislative Instruments Act.
Item 667 - Subsection 26(7) (note)
727. Item 667 repeals the note to subsection 26(7) of the Water Efficiency
Labelling and Standards Act and substitutes a new note to replace the
reference to the Legislative Instruments Act with a reference to the
Legislation Act and direct the reader to the relevant regulations where
sunsetting exemptions are to be consolidated.
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Work Health and Safety Act 2011
Item 668 - Section 273B (heading)
728. Item 668 repeals the heading to section 273B of the Work Health and
Safety Act 2011 and substitutes a new heading to replace the reference to the
Legislative Instruments Act with a reference to the Legislation Act.
Item 669 - Subsection 274(3) (note)
729. Item 669 amends the note to subsection 274(3) of the Work Health
and Safety Act to replace the reference to the Federal Register of Legislative
Instruments under the Legislative Instruments Act 2003 with a reference to
the Federal Register of Legislation under the Legislation Act 2003. The
amendment is consequential on Part 4 (Federal Register of Legislative
Instruments) of the Legislative Instruments Act being repealed by the Acts
and Instruments (Framework Reform) Act, and section 15A of the
Legislation Act providing for the Federal Register of Legislation. This item
also amends the subsection to replace the reference to the Legislative
Instruments Act with a reference to the Legislation Act.
Workplace Gender Equality Act 2012
Item 670 - Subsection 19(1) (note 2)
730. Item 670 amends note 2 to subsection 19(1) of the Workplace Gender
Equality Act 2012 to replace the reference to the Legislative Instruments Act
with a reference to the Legislation Act.
Item 671 - Subsection 33A(2) (note)
731. Item 671 amends the note to subsection 33A(2) of the Workplace
Gender Equality Act to replace the reference to Part 3 of the Legislative
Instruments Act with a reference to section 17 of the Legislation Act. This
reflects amendments made by the Acts and Instruments (Framework
Reform) Act to Part 3 and section 17 of the Legislative Instruments Act, and
directs the reader to the section that outlines consultation requirements.
PART 2 - CONTINGENT AMENDMENTS
Designs Act 2003
Item 672 - Subsection 145(3)
177
732. Item 672 amends subsection 145(3) of the Designs Act 2003 to
replace the reference to the Legislative Instruments Act with a reference to
the Legislation Act.
Patents Act 1990
Item 673 - Subsection 221(3)
733. Item 673 amends subsection 221(3) of the Patents Act 1990 to
replace the reference to the Legislative Instruments Act with a reference to
the Legislation Act.
Plant Breeder's Rights Act 1994
Item 674 - Subsection 3(3)
734. Item 674 amends subsection 3(3) of the Plant Breeder's Rights Act
1994 to replace the reference to the Legislative Instruments Act with a
reference to the Legislation Act.
Trade Marks Act 1995
Item 675 - Subsection 215(9)
735. Item 675 amends subsection 215(9) of the Trade Marks Act 1995 to
replace the reference to the Legislative Instruments Act with a reference to
the Legislation Act.
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Schedule 2 - Amendments relating to court rules
GENERAL OUTLINE
736. Schedule 2 makes amendments to the Legislation Act (or in the
alternative, the Legislative Instruments Act, depending on the time at which
Part 2 of the Schedule commences) which make clear that rules of court are
not legislative instruments. Schedule 2 includes an application provision
which makes clear that the amendments do not affect the rights or liabilities
of parties to proceedings commenced in a court prior to the commencement
of the amendments.
737. Schedule 2 also makes amendments to the Family Law Act. These
amendments make clear that certain provisions of the Family Law Act
which set out how the Legislative Instruments Act applies to rules of the
Family Court apply to those rules whether they are made under the Family
Law Act or another Act. This removes an inconsistency between the Family
Law Act and other enabling legislation for federal courts.
PART 1 - AMENDMENTS COMMENCING ON PROCLAMATION
Family Law Act 1975
Item 1 - Subsection 123(2)
738. Item 1 amends subsection 123(2) of the Family Law Act to omit the
phrase 'under this section' and replace it with 'by Judges under this section
or any other Act'. This amendment makes clear that the Legislation Act (or
in the alternative, the Legislative Instruments Act, depending on the time at
which Part 2 of the Schedule commences) applies to rules of the Family
Court whether they are made under the Family Law Act or any other Act.
This amendment is consistent with other enabling legislation for federal
courts and brings the Family Law Act into line with that legislation. The
words 'by Judges' are included for consistency with the various provisions
of the Family Law Act relating to court rules, as those provisions refer to or
provide for rules made by Judges. For example, subsection 26C(1) refers to
'Rules of Court made by the Judges'.
Item 2 - Subsection 123(2A)
739. Item 2 amends subsection 123(2A) of the Family Law Act to omit the
phrase 'under this Act' and replace it with 'by Judges under this or any
other Act'. This amendment makes clear that the Office of Parliamentary
179
Counsel may provide assistance in the drafting of rules of the Family Court
whether they are made under the Family Law Act or any other Act. This
amendment is consistent with other enabling legislation for federal courts
and brings the Family Law Act into line with that legislation. The words 'by
Judges' are included for consistency with the various provisions of the
Family Law Act relating to court rules, as those provisions refer to or
provide for rules made by Judges. For example, subsection 26C(1) refers to
'Rules of Court made by the Judges'.
PART 2 - AMENDMENT OF THE LEGISLATIVE INSTRUMENTS
ACT 2003
Legislative Instruments Act 2003
Item 3 - Section 9
740. Item 3 amends section 9 of the Legislative Instruments Act to omit
the phrase 'for the High Court, the Federal Court of Australia, the Family
Court of Australia and the Federal Circuit Court of Australia'.
741. Section 9 of the Legislative Instruments Act provides that rules of
court for the High Court, the Federal Court of Australia, the Family Court of
Australia and the Federal Circuit Court of Australia are not legislative
instruments for the purposes of the Legislative Instruments Act. The note to
section 9 of the Legislative Instruments Act provides that rules of court are
treated as if they are legislative instruments by express amendment of their
enabling legislation. The amendment to section 9 of the Legislative
Instruments Act makes it clear that all rules of court are not legislative
instruments, regardless of the court administering those rules.
Item 4 - Section 9 (note)
742. Item 4 amends the note to section 9 of the Legislative Instruments
Act to replace the reference to 'are' with a reference to 'may be'. This
amendment updates the drafting of the note to reflect that the enabling
legislation for all rules of court may not necessarily treat rules of court as if
they were legislative instruments.
PART 3 - AMENDMENT OF THE LEGISLATION ACT 2003
Legislation Act 2003
Item 5 - Paragraph 8(8)(d)
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743. Item 5 repeals paragraph 8(8)(d) of the Legislation Act and replaces it
with a new paragraph 8(8)(d) which provides that rules of court or a
compilation of rules of court are not legislative instruments, and cannot
become legislative instruments under subsection 8(3) of the Legislation Act
by being registered as legislative instruments.
744. The previous paragraph 8(8)(d) of the Legislation Act provided that,
despite anything else in section 8 of the Legislation Act, rules of court, or a
compilation of rules of court, for the High Court, the Federal Court of
Australia, the Family Court of Australia or the Federal Circuit Court of
Australia are not legislative instruments, and cannot become legislative
instruments under subsection 8(3) of the Legislation Act by being registered
as legislative instruments. The amendment to paragraph 8(8)(d) of the
Legislation Act makes it clear that rules of court are not legislative
instruments, regardless of the court administering those rules.
Item 6 - Subsection 8(8) (note)
745. Item 6 repeals the note to subsection 8(8) of the Legislation Act and
replaces it with a new note which provides that rules of court may be
registered under the Legislation Act and otherwise treated as if they were
legislative instruments by their enabling legislation. This amendment
updates the drafting of the note to reflect that the enabling legislation for all
rules of court may not necessarily treat rules of court as if they were
legislative instruments.
PART 4 - APPLICATION OF AMENDMENTS
Item 7 - Application of amendments
746. Item 7 provides that amendments by this Schedule apply to any rules
of court made before or after the commencement of this item. However,
item 7 does not affect the rights or liabilities of parties to proceedings
commenced in a court before the commencement of this item (to the extent
that those rights or liabilities arose from, or were affected by court rules to
which the item applies). This ensures that the characterisation of rules of
court as not legislative instruments does not affect the rights or liabilities of
parties to proceedings in a court which were commenced before the
commencement of this Schedule.
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Schedule 3 - Amendments relating to forms and technical
matters
GENERAL OUTLINE
747. Schedule 3 makes amendments to provisions of the Legislation Act
and Acts Interpretation Act (as amended by the Acts and Instruments
(Framework Reform) Act). It amends section 14 of the Legislation Act
(incorporation of material in instruments) and section 46AA of the Acts
Interpretation Act (incorporation of material in instruments other than
legislative or notifiable instruments) to modify the way in which those
provisions apply to forms. Consequential to these changes, Schedule 3 also
repeals unnecessary application provisions of the Acts and Instruments
(Framework Reform) Act. Schedule 3 also makes minor technical
corrections to the Legislation Act.
PART 1 - Amendments
Acts and Instruments (Framework Reform) Act 2015
Item 1 - Items 170 and 178 of Schedule 1
748. Item 1 repeals items 170 and 178 of Schedule 1 to the Acts and
Instruments (Framework Reform) Act. These items deal with the application
of amendments made by that Act to section 14 of the Legislative
Instruments Act (incorporation of material in instruments) and section
46AA of the Acts Interpretation Act (incorporation of material in
instruments which are not legislative or notifiable instruments). The result
of the amendments made by items 2 and 3 in this Schedule will be that the
general rules in sections 14 and 46AA will no longer be changed by the
Acts and Instruments (Framework Reform) Act, so it is not necessary to
provide for the application of amendments to those provisions. The
application of the amendments of those sections made by items 2 and 3 in
this Schedule in relation to forms is dealt with in item 6 of this Schedule.
Acts Interpretation Act 1901
Item 2 - Subsection 46AA(4)
749. Item 2 repeals subsection 46AA(4) of the Acts Interpretation Act (as
amended by the Acts and Instruments (Framework Reform) Act 2015) and
substitutes a new subsection 46AA(4). Section 46AA deals with
incorporation of material in instruments which are not legislative or
182
notifiable instruments. Section 46AA (as amended by the Acts and
Instruments (Framework Reform) Act) provides that such instruments may
incorporate the provisions of Acts or disallowable legislative instruments as
in force from time to time. Other types of instruments may not be
incorporated as in force from time to time unless this is expressly provided
for in the enabling legislation. Subsection 46AA(4) is also amended by the
Acts and Instruments (Framework Reform) Act to provide that despite these
general rules, instruments may authorise or require specific forms to be
used, but only on the condition that those forms are either notifiable
instruments (which are required to be registered) or are otherwise required
to be made publicly available.
750. The new subsection 46AA(4), as substituted by item 2 of this
Schedule, provides unconditionally that if an instrument provides for a form
to be used, the general rules in section 46AA do not apply to the form. This
means that instruments may effectively incorporate forms, whether or not
those forms are themselves required to be made publicly available. Because
forms are administrative frameworks for the provision of information, and
do not contain substantive legal content, it is not necessary that the forms
themselves be made publicly available.
Legislation Act 2003
Item 3 - Subsection 14(4)
751. Item 3 repeals subsection 14(4) of the Legislation Act (as amended
by the Acts and Instruments (Framework Reform) Act) and substitutes a
new subsection 14(4). Section 14 deals with incorporation of material in
legislative and notifiable instruments. Section 14 (as amended by the Acts
and Instruments (Framework Reform) Act) provides that such instruments
may incorporate the provisions of Acts or disallowable legislative
instruments as in force from time to time. Other types of instruments may
not be incorporated as in force from time to time unless this is expressly
provided for in the enabling legislation. Subsection 14(4) is also amended
by the Acts and Instruments (Framework Reform) Act) to provide that
despite these general rules, instruments may authorise or require specific
forms to be used, but only on the condition that those forms are either
notifiable instruments (which are required to be registered) or are otherwise
required to be made publicly available.
752. The new subsection 14(4), as substituted by item 3 of this Schedule,
provides unconditionally that if an instrument provides for a form to be
used, the general rules in section 14 do not apply to the form. This means
183
that legislative and notifiable instruments may effectively incorporate forms,
whether or not those forms are themselves required to be made publicly
available. Because forms are administrative frameworks for the provision of
information, and do not contain substantive legal content, it is not necessary
that the forms themselves be made publicly available.
Item 4 - Paragraph 15A(3)(b)
753. Item 4 makes a technical correction to paragraph 15A(3)(b) of the
Legislation Act (as inserted by the Acts and Instruments (Framework
Reform) Act) to insert a missing parenthesis.
Item 5 - Subsection 15H(1)
754. Item 5 makes a technical correction to subsection 15H(1) of the
Legislation Act (as inserted by the Acts and Instruments (Framework
Reform) Act) to remove an unnecessary reference to 'document'.
PART 2 - Application of Amendments
Item 6 - Application of amendments relating to forms
755. Item 6 provides for the application of the amendments relating to
forms in this Schedule. It makes clear that the amendments apply, on or
after the commencement of the amendments, to forms made before or after
the commencement of the Schedule, whether the instrument providing for
the form to be used is itself made before or after commencement. Item 6
also makes clear that the amendments in this Schedule do not affect the
interpretation of section 46AA of the Acts Interpretation Act or section 14
of the Legislation Act, as applying before the commencement of the
amendments, to forms made before that commencement. Such interpretation
might otherwise have resulted in an inference that, before that
commencement, sections 46AA and 14 had an application in relation to
forms that it is not considered they necessarily did have (in the absence of
that inference).
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