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2002-2003
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
LEGISLATIVE
INSTRUMENTS (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) BILL
2003
EXPLANATORY MEMORANDUM
(Circulated by authority of the Attorney-General,
the
Honourable Daryl Williams AM QC MP)
LEGISLATIVE INSTRUMENTS (TRANSITIONAL PROVISIONS AND
CONSEQUENTIAL AMENDMENTS) BILL 2003
OUTLINE
This Bill deals with certain transitional and consequential matters
arising from the enactment of the Legislative Instruments Act 2003 (the
2003 Act). These matters include:
• applying the 2003 Act to rules
of court;
• repealing sections 46 and 46A of the Acts Interpretation
Act 1901 and replacing them with provisions dealing with the construction
and disallowance of non-legislative instruments;
• repealing sections
48, 48A, 48B, 49, 49A and 50 of the Acts Interpretation Act; and
• repealing the Statutory Rules Publication Act
1903.
While the repeal of sections 48 to 50 of the Acts
Interpretation Act will mean that existing references to those provisions in
Commonwealth legislation will be redundant, this Bill does not purport to amend
all Commonwealth legislation to remove those references. The operation and
subject matter of the repealed provisions will be covered by the 2003 Act where
they relate to legislative instruments, and by the Acts Interpretation Act as
amended by this Bill where they relate to non-legislative instruments, thereby
preserving the status quo.
There are, however, a number of pieces of
Commonwealth legislation that modify the operation of sections 48 to 50 of the
Acts Interpretation Act in relation to instruments made under that legislation.
Where this is the case, this Bill continues that modification by transitional
provisions or by making consequential amendments to the enabling legislation so
that it refers to the relevant part of the 2003 Act or the Acts Interpretation
Act.
The Bill includes a retrospective regulation-making power in
relation to transitional issues raised by this Bill (including the need to
address any saving or application provisions).
FINANCIAL IMPACT STATEMENT
The amendments by the Legislative Instruments (Transitional
Provisions and Consequential Amendments) Bill 2003 have no significant financial
impact.
The Financial Impact issues associated with the introduction of
the Legislative Instruments Act 2003 and the establishment of the Federal
Register of Legislative Instruments are set out in the Explanatory Memorandum
for the Legislative Instruments Act 2003.
NOTES ON CLAUSES
Part 1 - Preliminary
Clause 1: Short title
The short title of this Act is the Legislative Instruments
(Transitional Provisions and Consequential Amendments) Act
2003.
Clause 2: Commencement
This clause provides that
clauses 1, 2 and 3 of the Bill and any other provision that is not specifically
mentioned in this commencement provision, commence on the day on which the Act
receives the Royal Assent.
This clause also provides that clauses 4 and
5, which contain transitional provisions, and Schedule 1, which contains
consequential amendments to other legislation, commence immediately after the
commencement of sections 3 to 62 of the Legislative Instruments Act 2003
(the 2003 Act). Those sections of the 2003 Act contain the provisions
establishing regimes for registering, tabling, disallowance and sunsetting of
legislative instruments.
Clause 3: Schedule(s)
This
clause provides that each Act that is specified in a Schedule is amended as set
out in that Schedule.
Part 2 - Transitional provisions
The
purpose of this Part is to deal with the situation where legislation commences
after the 2003 Act and which purports to apply the Statutory Rules
Publication Act 1903 or section 46A of the Acts Interpretation Act to
instruments made under it. The Part provides for the translation of those
instruments to the 2003 Act notwithstanding the repeal of the Statutory Rules
Publication Act and section 46A of the Acts Interpretation Act. The Part also
covers translating to the 2003 Act any legislation that modifies the operation
of subsection 48(2) of the Acts Interpretation Act and translating to the Acts
Interpretation Act (as amended by this Bill) any legislation that contains
disallowance provisions for non-legislative instruments.
Clause 4:
Transitional Provisions
Subclause 4(1) provides that where
legislation, which is introduced into Parliament before the commencement of the
2003 Act but which commences either on the same day as or after that Act,
provides that an instrument be published as a statutory rule under the Statutory
Rules Publication Act, then that instrument is to be taken to be an instrument
referred to in paragraph 6(b) of the 2003 Act. This means that the instrument
is a legislative instrument for the purposes of the 2003 Act notwithstanding the
repeal of the Statutory Rules Publication Act.
Subclause 4(2) provides
for a similar translation to the 2003 Act for instruments made under legislation
(that has been introduced but that has not commenced) that expressly provides
that an instrument is a disallowable instrument for the purposes of section 46A
of the Acts Interpretation Act. Those instruments will be taken to be
legislative instruments for the purposes of the 2003 Act.
Subclause 4(3)
deals with the situation where legislation, which is introduced into Parliament
before the commencement of the 2003 Act but which commences either on the same
day as or after that Act, modifies the effect of subsection 48(2) of the Acts
Interpretation Act such that delegated legislation made under that legislation
may commence retrospectively notwithstanding its adverse effect on rights. The
effect of the clause is that references to subsection 48(2) are to be taken to
be references to subsection 12(2) of the 2003 Act thereby maintaining the status
quo.
Subclause 4(4) provides transitional provisions for instruments
that are not covered by the 2003 Act and which are disallowable via the
application of Part XII of the Acts Interpretation Act (with or without
modification). This includes legislative instruments that are expressly
excluded from the operation of the 2003 Act as well as instruments that are
non-legislative in character. (The subclause expressly excludes instruments
that are declared to be disallowable instruments for the purposes of section 46A
of the Acts Interpretation Act. There is no requirement to address these
instruments in the transitional provisions because they are legislative
instruments for the purposes of the 2003 Act (see subparagraph 6(d)(i) of that
Act) and none are expressly excluded from the 2003 Act.)
The effect of
this subclause is that instruments, which are not legislative instruments for
the purposes of the 2003 Act but which are disallowable under the terms of the
enabling legislation, will be disallowable instruments for the purposes of new
section 46B of the Acts Interpretation Act. To ensure that the status quo is
maintained, the subclause also provides that section 46B may be modified to
ensure that it operates in the same way that the provisions of Part XII of
the Acts Interpretation Act operated. This subclause is necessary to ensure
that such non-legislative instruments continue to be subject to a disallowance
regime, as was intended by the enabling legislation made before the commencement
of the 2003 Act.
Clause 5: Transitional Regulations
This
clause allows the Governor-General to make regulations in relation to matters of
a transitional nature which, provided they are made within a year of the
commencement of this clause, may commence retrospectively (but not earlier than
the commencement of this clause).
Schedule 1 - Amendments and repeals of other legislation
Aboriginal and Torres Strait Islander Commission Act 1989
Items 1 and 2
These items repeal subclause 28(2)
of Schedule 4 of the Aboriginal and Torres Strait Islander Commission Act
1989 (ATSIC Act) and insert a note referring to sections in the Federal
Court of Australia Act 1976.
Subclause 28(1) provides that Federal
Court judges may make rules of court in relation to the determination of
electoral disputes under the ATSIC Act. Subclause 28(2) provides that section
48, 48A, 48B, 49 and 50 of the Acts Interpretation Act apply to those rules of
court as if references in those sections to regulations were references to rules
of court. This had the effect of applying the tabling and disallowance regime
for regulations to such rules as if they were regulations. Those provisions of
the Acts Interpretation Act will be repealed (see item 7) and replaced with
equivalent provisions in the 2003 Act.
A consequential amendment to the
Federal Court Act (see items 23 and 24) will apply the majority of the
provisions of the 2003 Act to all rules of court made by Federal Court judges;
therefore there is no requirement for a provision in the ATSIC Act to the same
effect. As a result, subclause 28(2) of Schedule 4 of the ATSIC Act is no
longer required, but is replaced by a note referring to the Federal Court Act
provisions.
Acts Interpretation Act 1901
Item
3
This item repeals subsection 4(6) of the Acts Interpretation Act,
which deals with the application of section 4 of that Act (exercise of certain
powers between passing and commencement of an Act) to rules, regulations and
by-laws, and replaces it with a new provisions which will apply section 4 of the
Acts Interpretation Act to all instruments of a legislative character. This
recognises that not all instruments of a legislative character are rules,
regulation or by-laws, and that there may be a need to make such instruments
after the enactment of the enabling legislation but before its commencement.
Item 4
This item amends the definition of Proclamation in
paragraph 17(j) of the Acts Interpretation Act, to include a Proclamation by the
Governor-General that is registered on the Federal Register of Legislative
Instruments in addition to those published in the Gazette. Proclamations are
legislative instruments for the purpose of the 2003 Act (see paragraph 6(e) of
the 2003 Act) and therefore, after the commencement of the 2003 Act, will be
registered on the Federal Register of Legislative Instruments. The definition
of Proclamation needs to reflect this manner of publication.
Item
5
This item makes a consequential amendment to the heading to Part XI
of the Acts Interpretation Act by replacing the reference to "Instruments and
resolutions" with a reference to "Non-legislative instruments and resolutions".
The amendment reflects the change in scope of the Part: provisions dealing with
legislative instruments will be in the 2003 Act and provisions dealing with
non-legislative instruments will be included in this part of the Acts
Interpretation Act as amended by this Bill (see item 6).
Item 6
This item repeals sections 46 and 46A of the Acts Interpretation
Act, which deal with the construction of rules, regulations and by-laws and the
application of certain provisions of the Acts Interpretation Act to disallowable
instruments, and replaces them with new sections 46, 46AA and 46B which relate
to non-legislative instruments. The amendments are consequential on the
commencement of the 2003 Act, which deals with legislative instruments.
46 Construction of instruments
Proposed section 46 deals
with the construction of instruments that are not legislative instruments for
the purposes of the 2003 Act and which are not rules of court.
Proposed
subsection 46(1) provides that the Acts Interpretation Act will apply to a
non-legislative instrument as if it were an Act and as if each provision of the
instrument were a section of an Act; that expressions in the instrument have the
same meaning as within the enabling legislation; and instruments are not to
exceed the power of the authority. Proposed subsection 46(2) provides that
where the making of an instrument exceeds the power conferred, then to the
extent that the instrument is within power it is valid. Proposed subsection
46(3) provides that where instruments require identification of matters or
things those matters or things may be identified by referring to a class or
classes.
The equivalent provision for legislative instruments is section
13 of the 2003 Act.
46AA Prescribing matters by reference to other
instruments
Proposed section 46AA deals with instruments, which are
not legislative instruments for the purposes of the 2003 Act or rules of court,
and which incorporate material by reference.
Proposed section 46AA
enables non-legislative instruments to make provision for matters by applying,
adopting or incorporating (with or without modification) the provisions of any
Commonwealth Act, or disallowable legislative instrument as in force at the time
of incorporation or from time to time. The clause also enables non-legislative
instruments to make provision for matters by applying, adopting or incorporating
(with or without modification) the provisions of any other instrument or writing
which is in force at the time of incorporation. Subclause 46(2) makes it clear
that unless the enabling legislation allows instruments in this latter category
to be incorporated "from time to time", then they may only be incorporated in
the form that exists as at the date of incorporation.
The equivalent
provision for legislative instruments is section 14 of the 2003
Act.
Section 46B - Disallowable non-legislative instruments
Proposed section 46B deals with commencement and disallowance of
non-legislative instruments. Proposed section 46B standardises the method of
determining when a non-legislative instrument commences with that used for
legislative instruments. The equivalent provision for legislative instruments is
section 12 of the 2003 Act.
Proposed subsection 46B(1) defines the
instruments to which the section applies. This includes instruments that are
not legislative instruments for the purposes of the 2003 Act or rules of court,
and that are declared by the legislation under which they are made to be a
disallowable instrument for the purposes of this section.
Proposed
subsection 46B(2) provides the mechanism for determining the commencement day of
such an instrument. It provides that an instrument or a provision of an
instrument takes effect from a date specified in the instrument (this may be by
reference to the commencement of an Act or a provision of an Act, or of the
occurrence of an event). If no specification is made then the instrument will
take effect from the first moment of the day next following the day when it is
notified in the Gazette.
Proposed subsection 46B(3) provides that an
instrument, which would adversely impact on the rights of a person other than
the Commonwealth or an authority of the Commonwealth, has no effect if it would
otherwise take effect before the date when it is notified in the gazette.
However, under proposed subsection 46B(4), an instrument is able to operate
retrospectively and have an adverse impact on rights if the enabling legislation
disapplies the effect of proposed subsections 46B(2) and (3).
Proposed
subsections 46B(5)–(8) refer to requirements for the gazettal and sale of
instruments to which subsection 46B applies.
Proposed subsections
46B(9)-(10) refer to tabling requirements for instruments to which subsection
46B applies.
Proposed subsection 46(11) provides that Part 5
(Parliamentary scrutiny of legislative instruments) of the 2003 Act will apply
to an instrument to which subsection 46B applies in the same way as to
legislative instruments, except the provisions in the 2003 Act which relate to
the tabling of legislative instruments (sections 38, 39 and 40). Proposed
subsections 46B(9)-(10) refers to the tabling requirements for instruments to
which subsection 46B applies.
Item 7
This item repeals the
following section from the Acts Interpretation Act:
• sections 48
(Regulations);
• 48A (Regulations not to be re-made while required to
be tabled);
• 48B (Regulations not to be re-made while subject to
disallowance);
• 49 (Disallowed regulations not to be re-made unless
resolution rescinded or House approves);
• 49A (prescribing matter by
reference to other instruments); and
• 50 (Effect of repeal of
regulations).
The sections relate to regulations, in particular the
requirements for gazettal, tabling, disallowance, and the effect of repeal of
regulations. Proposed sections 46, 46AA and 46B of the Acts Interpretation Act
(see item 6) will address these issues for non-legislative instruments while the
2003 Act contains the equivalent provisions for legislative
instruments.
Air Navigation Act 1920
Item
8
This item repeals section 28 of the Air Navigation Act 1920,
which provides that instruments made under that Act, or under the regulations,
relating to aviation security are not legislative instruments for the purposes
of the Legislative Instruments Act 1995 (which never came into
existence). Rather than have instruments exempted from the 2003 Act in other
legislation, exemptions are contained within the 2003 Act itself. The exemption
is in item 1 of the table in section 7 of the 2003 Act. The exemption is for
instruments (other than regulations and other instruments that, immediately
before the commencement of the 2003 Act are disallowable) made under the Air
Navigation Act 1920, or under the regulations made under that Act, relating
to aviation security.
Amendments Incorporation Act 1905
Item 9
This item adds a new section to the
Amendments Incorporation Act 1905 consequential on the repeal of the
Statutory Rules Publication Act 1903, in particular, section 6A of that
Act. Section 6A deals with the Government Printer's obligations relating to
updating reprints. New section 4 of the Amendments Incorporation Act will
maintain the effect of the existing regime by requiring that if the Government
Printer reprints a legislative instrument, the instrument must be reprinted as
amended, including making reference to the amending legislative instrument or
Act in the margin, footnote or endnote to the reprint.
Australian
Capital Territory (Planning and Land Management) Act 1988
Item 10
This item amends section 52 of the
Australian Capital Territory (Planning and Land Management) Act 1988,
which provides that paragraph 46(a) of the Acts Interpretation Act does not
apply to the Territory Plan or an instrument made, granted or issued under
paragraph 29(1)(b) which relates to estates in Territory land. The effect of
disapplying paragraph 46(a) is that words used in the Territory Plan or other
instrument may have a different meaning to that used in the enabling Act,
recognising the different responsibilities between the Commonwealth Government
and the Legislative Assembly for the Australian Capital Territory.
The
proposed amendment will maintain the status quo by disapplying both new
paragraph 46(1)(a) of the Acts Interpretation Act (to the extent that the
instruments are non-legislative in character) and proposed paragraphs 13(1)(a)
and (b) of the 2003 Act (to the extent that the instruments are legislative in
character).
Australian Capital Territory (Self-Government) Act
1988
Item 11
This item amends section 33 of the
Australian Capital Territory (Self-Government) Act 1988, which provides
that paragraph 46(a) of the Acts Interpretation Act does not apply to an
enactment; a subordinate law; or an instrument required by the Australian
Capital Territory (Self-Government) Act 1988 to be published in the
Territory Gazette. The effect of disapplying paragraph 46(a) is that words used
in these instruments may have a different meaning to that used in the enabling
Act, recognising the different responsibilities between the Commonwealth
Government and the Legislative Assembly for the Australian Capital
Territory.
The proposed amendment will maintain the status quo by
disapplying both new paragraph 46(1)(a) of the Acts Interpretation Act (to the
extent that the instruments are non-legislative in character) and proposed
paragraphs 13(1)(a) and (b) of the 2003 Act (to the extent that the instruments
are legislative in character).
Australian Securities and
Investments Commission Act 2001
Item 12
This item
repeals section 5A of the Australian Securities and Investments Commission
Act 2001, which freezes the Acts Interpretation Act in its application to
the ASIC Act as at 1 November 2000. This was needed to prevent any unintended
amendments to the ASIC Act (brought about by changes to the Acts Interpretation
Act) in recognition of the agreement between the States and the Commonwealth in
relation to the ASIC Act.
The proposed amendment will insert a new
section 5A in the ASIC Act to provide that the Acts Interpretation Act as
amended by this Bill will apply to the ASIC Act as at the date of commencement
of this Bill, but any later amendments to the Acts Interpretation Act will not
apply.
Commonwealth Electoral Act 1918
Items 13
and 14
These items repeal subsection 375(2) of the Commonwealth
Electoral Act 1918 and insert a note referring to section 86 of the
Judiciary Act 1903 (which is the general power for Justices of the High
Court to make rules of court).
Subsection 375(1) of the Commonwealth
Electoral Act provides that the Justices of the High Court may make rules of
court in relation to the determination of electoral disputes. Subsection 375(2)
provides that sections 48, 48A, 48B, 49 and 50 of the Acts Interpretation Act
apply to those rules of court as if references in those sections to regulations
were references to rules of court. This had the effect of applying the tabling
and disallowance regime for regulations to such rules as if they were
regulations. Those provisions of the Acts Interpretation Act will be repealed
(see item 7) and replaced with equivalent provisions in the 2003 Act.
A
consequential amendment to the Judiciary Act (see items 29 and 30) will apply
the 2003 Act to all rules of court made by Justices of the High Court; therefore
there is no requirement for a provision in the Commonwealth Electoral Act to the
same effect. As a result, subsection 375(2) of the Commonwealth Electoral Act
is no longer required, but is replaced by a note referring to the Judiciary Act
provisions.
Corporations Act 2001
Item
15
This item repeals section 5C of the Corporations Act 2001,
which freezes the Acts Interpretation Act in its application to the Corporations
Act as at 1 November 2000. This was needed to prevent any unintended amendments
to the Corporations Act (brought about by changes to the Acts Interpretation
Act) in recognition of the agreement between the States and the Commonwealth in
relation to the Corporations Act.
The proposed amendment will insert a
new section 5C in the Corporations Act to provide that the
Acts Interpretation Act as amended by this Bill will apply to the
Corporations Act as at the date of commencement of this Bill, but any later
amendments to the Acts Interpretation Act will not apply.
Criminal
Code Act 1995
Item 16
This item repeals paragraph
9.4(2)(c) of the Criminal Code and substitutes a new paragraph. Under
the repealed provision, a person had a defence to a criminal charge if the
offence was made or varied by subordinate legislation that was not publicly
available. The new provisions recognise the 2003 Act and provide that the
defence will only be available if, at the time of the conduct, the subordinate
legislation has not been made available to the public (by means of being
registered under the 2003 Act or otherwise) and has not otherwise been made
available to persons likely to be affected by it in such a way that the person
would have become aware of its contents by exercising due diligence. That is,
ignorance of the law will not be an excuse in relation to subordinate
legislation that is publicly available.
Customs Act
1901
Item 17
This item amends section 269SC of the
Customs Act 1901 by adding a new subsection (8). Subsections 269SC(6)
and 269SC(7) provide that tariff concession orders are to be revoked
retrospectively in certain circumstances. New subsection 269SC(8) preserves the
operation of these provisions, notwithstanding section 12 of the 2003 Act which
provides against any retrospective commencement that has an adverse impact on a
person’s rights.
Item 18
This item amends section
269SD of the Customs Act 1901 by adding a new subsection (6). Section
269D provides for the revocation of tariff concession orders retrospectively in
certain circumstances. New subsection 269SD(6) preserves the operation of these
provisions, notwithstanding section 12 of the 2003 Act which provides against
any retrospective commencement that has an adverse impact on a person’s
rights.
Family Law Act 1975
Items 19 to 21
These items repeal section 26E and subsections 37A(14) and 123(2) of
the Family Law Act 1975 (which deal with the application of the Acts
Interpretation Act to rules of court) and replace them with new provisions
dealing with the application of the majority of the provisions of the 2003 Act
to those rules.
Section 9 of the 2003 Act provides that rules of court
are not legislative instruments for the purposes of the LIB. However, the
provisions inserted by these items provide that, with the exception of certain
provisions, the 2003 Act will apply to rules of court. A note in the 2003 Act
clarifies that rules of court are treated as if they were legislative
instruments by express amendment of the legislation providing for them to be
made.
The provisions of the 2003 Act that will not apply to rules of
court are: sections 5, 6 and 7 (definition of legislative instrument);
sections 10 and 11 (Attorney-General may certify whether an instrument is a
legislative instrument or not); and section 16 (measures to achieve high
drafting standards for legislative instruments). Therefore, rules of court will
be required to be lodged on the Register; will be subject to appropriate
consultation requirements (as determined by the rule-maker) where they are
likely to have a direct, or a substantial indirect, effect on business or
restrict competition; will be subject to disallowance (as they are presently)
and sunsetting.
Notwithstanding the fact that section 16 of the 2003 Act
will not apply to the rules of court, nevertheless, the Attorney-General’s
Department may provide assistance in drafting of those rules.
Item
22
This item inserts a regulation making power so that the
application of the 2003 Act to rules of court may be modified except in relation
to the application of Part 5 of that Act. That is, the regulations cannot alter
the way in which the parliamentary scrutiny provisions of the 2003 Act apply to
rules of court but the regulations may make other
modifications.
Federal Court of Australia Act
1976
Item 23
This item repeals subsection 59(4) of
the Federal Court of Australia Act 1976 (which deals with the application
of the Acts Interpretation Act to rules of court) and replaces it with a new
provision dealing with the application of the majority of the provisions of the
2003 Act to those rules.
See discussion for items 19 to 21 for an
explanation of the amendment.
Item 24
This item inserts a
regulation making power to so that the application of the 2003 Act to the rules
of court may be modified except in relation to the application of Part 5 of that
Act. That is, the regulations cannot alter the way in which the parliamentary
scrutiny provisions of the 2003 Act apply to rules of court but the regulations
may make other modifications.
Federal Magistrates Act
1999
Item 25
This item repeals subsection 81(3) of
the Federal Magistrates Act 1999 (which deals with the application of the
Acts Interpretation Act to rules of court) and replaces it with a new provision
dealing with the application of the 2003 Act to those rules.
See
discussion for items 19 to 21 for an explanation of the
amendment.
Item 26
This item inserts a regulation making
power so that the application of the 2003 Act to the rules of court may be
modified except in relation to the application of Part 5 of that Act. That is,
the regulations cannot alter the way in which the parliamentary scrutiny
provisions of the 2003 Act apply to rules of court but the regulations may make
other modifications.
Income Tax Assessment Act
1936
Item 27
This item replaces subsection 109N(4)
of the Income Tax Assessment Act 1936, which provides that Regulations
made for the purposes of subsection (2) may apply, adopt or incorporate a rate
published in an instrument after they are made or take effect, or a rate
contained in an instrument from time to time, despite subsection 49A(1) of the
Acts Interpretation Act; and paragraph 11(b) of the Legislative Instruments
Act 1998 (which never commenced).
The proposed amendments will
maintain the status quo by ensuring that the Regulations may continue to
incorporate instruments from time to time despite provisions in any other Act.
International Organisations (Privileges and Immunities) Act
1963
Item 28
This item replaces subsections 13(3)
and 13(4) of the International Organisations (Privileges and Immunities) Act
1963, which deal with the commencement of written determinations and the
application of the Acts Interpretation Act and Legislative Instruments Act
1997 (which never commenced) to those determinations.
The proposed
amendment will maintain the status quo by preserving the commencement regime
(notwithstanding the 2003 Act) and providing that the determination is a
legislative instrument for the purposes of the 2003 Act.
Judiciary
Act 1903
Item 29
This item adds new subsections to
section 86 of the Judiciary Act 1903 (which deals with the Justices of
the High Court making rules of court) to apply the majority of the provisions of
the 2003 Act to those rules.
See discussion for items 19 to 21 for an
explanation of the amendment.
Item 30
This item repeals
section 87 of the Judiciary Act 1903, which applied the Acts Interpretation Act
to rules of court made under section 86 of the Judiciary Act. Section 87 is no
longer required as the amendment proposed by item 29 will apply the equivalent
provisions of the 2003 Act to those rules of court.
Item
31
This item inserts a regulation making power so that the
application of the 2003 Act to the rules of court may be modified except in
relation to the application of Part 5 of that Act. That is, the regulations
cannot alter the way in which the parliamentary scrutiny provisions of the 2003
Act apply to rules of court but the regulations may make other
modifications.
Public Service Act 1999
Item
32
This item repeals subsection 42(4) of the Public Service Act
1999, which provided that the Public Service Commissioner’s Directions
are disallowable instruments for the purposes of section 46A of the Acts
Interpretation Act, and replaces it with a provision that provides that the
Commissioner’s Directions are disallowable non-legislative instruments for
the purposes of new section 46B of the Acts Interpretation Act (see item 6).
This maintains the status quo with respect to those Directions..
Statutory Rules Publication Act 1903
Item
33
This item repeals the Statutory Rules Publication Act 1903.
That Act provided for the way in which rules, regulations and by-laws were
printed, numbered, sold, and for the incorporation of amendments in reprints.
As the 2003 Act now covers all legislative instruments, including rules,
regulations and by-laws, this Act is no longer required.
Sydney
Airport Curfew Act 1995
Item 34
This item amends
subsections 15(6) and 20(7) and paragraphs (a) and (b) of clause 1 of the
Schedule of the Sydney Airport Curfew Act 1995, which contain references
to paragraph 16(1)(a) of the Legislative Instruments Act 1995 (which
never commenced). In order to ensure that the consultation regime in the Sydney
Airport Curfew Act continues to operate as intended and to avoid ambiguity on
the commencement of the 2003 Act, the proposed amendments delete the references
to the non-existent 1995 Act.
Veterans’ Entitlements Act
1986
Item 35
This item makes a consequential
amendment to paragraph 196W(3)(a) of the Veterans’ Entitlements Act
1986, following the repeal of section 48 of the Acts Interpretation Act.
Paragraph 196W(3)(a) provided that if the Specialist Medical Review
Council had been asked to review the contents of a Statement of Principles, the
Council may carry out a review only if the period within which the Statement of
Principles may be disallowed under section 48 of the Acts Interpretation
Act has ended. The new provision provides that the Council may carry out the
review provided that the period within which the Statement of Principles may be
disallowed under section 42 of the 2003 Act has ended.