Commonwealth Numbered Regulations - Explanatory Statements
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ACTS AND INSTRUMENTS (FRAMEWORK REFORM) (CONSEQUENTIAL AMENDMENTS) REGULATION 2016 (F2016L00170)
Acts and Instruments (Framework Reform) (Consequential Amendments Regulation 2016
EXPLANATORY STATEMENT
Issued by the Attorney-General
in compliance with section 15J of the Legislation Act 2003
INTRODUCTION
The Legislative Instruments Act 2003 established a comprehensive regime for the registration, tabling, parliamentary scrutiny and sunsetting (automatic repeal) of Commonwealth legislative instruments. That Act also established an authoritative, complete and accessible register of those instruments, including compilations and explanatory statements.
The Acts and Instruments (Framework Reform) Act 2015 implements a number of recommendations of the 2008 Review of the Legislative Instruments Act 2003, and makes other amendments to improve the operation and clarity of legislative frameworks for Commonwealth Acts and instruments. The Acts and Instruments (Framework Reform) Act consolidates the frameworks for the publication of Commonwealth Acts and the registration of legislative and other instruments by repealing the Acts Publication Act 1905, and incorporates the requirements for publishing Commonwealth Acts into the Legislative Instruments Act. To reflect this change, the Legislative Instruments Act is renamed the Legislation Act 2003. These reforms will commence by proclamation or 12 months from the date on which the Acts and Instruments (Framework Reform) Act received Royal Assent, which was 5 March 2015. To assist in implementing these reforms, consequential amendments to other Acts will be made by the Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015.
The Acts and Instruments (Framework Reform) (Consequential Amendments) Regulation 2016 also assists in implementing these reforms by amending various Regulations 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 and Acts Interpretation Act 1901 to reflect amendments to those Acts. For example, it updates the drafting of provisions dealing with the application of the repealed section 19A of the Acts Interpretation Act, relating to machinery of government changes, to reflect changes made by the new section 19 of that Act which replaces the repealed sections 19 and 19A. 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.
The making of this Regulation is authorised by various enabling Acts for the Regulations it amends.
OUTLINE
PROCESS BEFORE REGULATION WAS MADE
Regulatory impact analysis
Before this Regulation was made, its expected impact was assessed using the Preliminary Assessment tool approved by the Office of Best Practice Regulation (OBPR). That assessment indicated that it would have no or low impact on business, individuals and the economy. This assessment has been confirmed by the OBPR.
Statement of compatibility with human rights obligations
Before this Regulation was made, its impact on human rights was assessed using tools and guidance published by the Attorney-General's Department. It is fully compatible with human rights as defined in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Consultation before making
Before this Regulation was made, the Attorney-General considered the general obligation to consult imposed by section 17 of the Legislation Act. The Attorney-General was satisfied that consultation was appropriate and reasonably practicable to be undertaken. The Attorney-General consulted within the Attorney-General's Department and also ensured that government departments and agencies likely to be affected by this regulation had an adequate opportunity to comment on its proposed content by consulting the Departments of Agriculture and Water Resources, Communications and the Arts, Defence, Education and Training, Employment, Environment, Finance, Foreign Affairs and Trade, Health, Immigration and Border Protection, Industry, Innovation and Science, Infrastructure and Regional Development, the Prime Minister and Cabinet, Social Services, Treasury and Veterans' Affairs.
Statutory preconditions and Parliamentary undertakings relevant to this Regulation
There are no other statutory preconditions or Parliamentary undertakings relevant to the making of this regulation.
PROCESSES FOR REVIEW OF THIS REGULATION
This Regulation is subject to tabling and disallowance under Part 5 of the Legislative Instruments Act before the commencement of the Acts and Instruments (Framework Reform) Act on 5 March 2016, and under Part 2 of the Legislation Act after that date.
OTHER ISSUES
Matter incorporated by reference
This Regulation does not apply, adopt or incorporate other matter by reference.
More information
A provision by provision explanation of the Regulation is provided in Attachment A.
Further information about an instrument may be requested from the administering department or its relevant agencies.
NOTES ON SECTIONS ATTACHMENT A
Part 1
Section 1 Name of Regulation
This section provides for the Regulation to be named as the Acts and Instruments (Framework Reform) (Consequential Amendments) Regulation 2016. The Regulation may be cited by that name.
Section 2 Commencement
Subsection 2(1) provides that each provision of the Regulation is to commence in accordance with the table set out by this subsection. That table provides that the whole of the Regulation is to commence at the same time as Schedule 1 of the Acts and Instruments (Framework Reform) Act 2015. The Acts and Instruments (Framework Reform) Act received Royal Assent on 5 March 2015. Therefore, if a commencement date is not fixed by Proclamation, that Act will commence on 5 March 2016.
Subclause 2(2) provides that any information in column 3 of the table is not part of the Regulation. It also clarifies that information may be inserted in column 3, or information in it may be edited, in any published version of the Regulation.
Section 3 Authority
This section identifies the Acts that authorises the making of this Regulation, which are:
* the Airspace Act 2007
* the Automotive Transformation Scheme Act 2009
* the Civil Aviation Act 1988
* the Competition and Consumer Act 2010
* the Copyright Act 1968
* the Customs Act 1901
* the Explosives Act 1961
* the Federal Circuit Court of Australia Act 1999
* the Federal Court of Australia Act 1976
* the Great Barrier Reef Marine Park Act 1975
* the Hazardous Waste (Regulation of Exports and Imports) Act 1989
* the Income Tax Assessment Act 1997
* the Interstate Road Transport Charge Act 1985
* the National Transport Commission Act 2003
* the National Residue Survey (Customs) Levy Act 1998
* the National Residue Survey (Excise) Levy Act 1998
* the Primary Industries Levies and Charges Collection Act 1991
* the Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional Provisions) Act 2011, and
* the Work Health and Safety Act 2011.
Together, these Acts provide for the enabling powers under which instruments amended by this Regulation are made.
Section 4 Schedules
This section provides that each instrument that is specified in a Schedule to this Regulation is amended or repealed as set out by the applicable item, and all other items in a Schedule to this Regulation have effect according to their terms.
Schedule 1--Amendments
Item 1 - Subregulation 5(3) (note)
Item 1 repeals the note to subregulation 5(3) of the Airspace Regulations 2007. This note provides that under subsection 12(1) of the Legislative Instruments Act, a legislative instrument can take effect from, among other times, the day specified in the instrument or the day of the occurrence of an event that is specified in the instrument for the purposes of the commencement of the instrument.
Section 12 of the Legislative Instruments Act is being repealed and replaced with the new section 12 of the Legislation Act. The new subsection 12(1) provides that a legislative or notifiable instrument commences at the start of the day after it is registered, unless the instrument provides otherwise.
Subsection 12(1) of the Legislative Instruments Act is referred to in the note to subregulation 5(3), because that subregulation provides for the commencement of a determination under regulation 5 as relating to the occurrence of an event, namely, the determination being published in the AIP (Aeronautical Information Publication) or a NOTAM (Notice to Airmen). As the new subsection 12(1) no longer refers to the occurrence of an event, it is not necessary to refer to that subsection.
Item 2 - Subregulation 5(5) (note)
Item 2 amends the note to subsection 5(5) of the Airspace Regulations to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act and directs the reader to the relevant Regulations where disallowance exemptions are to be consolidated.
Item 3 – Subregulation 8(4) (note)
Item 3 repeals the note to subregulation 8(4) of the Airspace Regulations. This note provides that under subsection 12(1) of the Legislative Instruments Act, a legislative instrument can take effect from, among others, the day specified in the instrument or the day of the occurrence of an event that is specified in the instrument for the purposes of the commencement of the instrument.
Section 12 of the Legislative Instruments Act is being repealed and replaced with the new section 12 of the Legislation Act. The new subsection 12(1) provides that a legislative or notifiable instrument commences at the start of the day after it is registered, unless the instrument provides otherwise.
Subsection 12(1) of the Legislative Instruments Act is referred to subregulation 8(4), because that subregulation provides for the commencement of a designation under regulation 8 as relating to the occurrence of an event, namely, the publication of the designation in accordance with subregulation 8(6). As the new subsection 12(1) no longer refers to the occurrence of an event, it is not necessary to refer to that subsection and the repealed note is not needed.
Item 4 - Subregulation 8(6) (note)
Item 4 amends the note to subsection 8(6) of the Airspace Regulations to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act and directs the reader to the relevant Regulations where disallowance exemptions are to be consolidated.
Item 5 - Subregulation 11(3) (notes 1 and 2)
Item 5 repeals the notes to subsection 11(3) of the Airspace Regulations. Note 1 provides that under subsection 12(1) of the Legislative Instruments Act 2003, a legislative instrument can take effect from, among others, the day specified in the instrument or the day of the occurrence of an event that is specified in the instrument for the purposes of the commencement of the instrument.
Section 12 of the Legislative Instruments Act is being repealed and replaced with the new section 12 of the Legislation Act. The new subsection 12(1) provides that a legislative or notifiable instrument commences at the start of the day after it is registered, unless the instrument provides otherwise.
Subsection 12(1) of the Legislative Instruments Act is referred to in note 1 to subregulation 11(3), because that subregulation provides for the commencement of a determination or designation under regulation 11 as relating to the occurrence of an event, namely, the determination being published in the AIP (Aeronautical Information Publication) or a NOTAM (Notice to Airmen). As the new subsection 12(1) no longer refers to the occurrence of an event, it is not necessary to refer to that subsection and the repealed note 1 is not needed.
Note 2 is substituted with a new note to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act and directs the reader to the relevant Regulations where disallowance exemptions are to be consolidated.
Item 6 - Subregulation 12(2) (notes 1 and 2)
Item 6 repeals the notes to subsection 12(2) of the Airspace Regulations. Note 1 provides that under subsection 12(1) of the Legislative Instruments Act 2003, a legislative instrument can take effect from, among others, the day specified in the instrument or the day of the occurrence of an event that is specified in the instrument for the purposes of the commencement of the instrument.
Section 12 of the Legislative Instruments Act is being repealed and replaced with the new section 12 of the Legislation Act. The new subsection 12(1) provides that a legislative or notifiable instrument commences at the start of the day after it is registered, unless the instrument provides otherwise.
Subsection 12(1) of the Legislative Instruments Act is referred to in note 1 to subregulation 12(2), because that subregulation provides for the commencement of a direction under regulation 12 as relating to the occurrence of an event, namely, the determination being published in the AIP (Aeronautical Information Publication) or a NOTAM (Notice to Airmen). As the new subsection 12(1) no longer refers to the occurrence of an event, it is not necessary to refer to that subsection and the repealed note 1 is not needed.
Note 2 is substituted with a new note to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act and directs the reader to the relevant Regulations where disallowance exemptions are to be consolidated.
Automotive Transformation Scheme Regulations 2010
Item 7 - Subregulations 3.12(3) and 6.7(2)
Item 7 amends subregulations 3.12(3) and 6.7(2) of the Automotive Transformation Scheme Regulations 2010 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).
Civil Aviation Safety Regulations 1998
Item 8 - Subregulations 11.160(3), 11.185(5) and 11.245(1) (note 1)
Item 8 amends notes 1 to subregulations 11.160(3), 11.185(5) and 11.245(1) of the Civil Aviation Safety Regulations 1998 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.
Item 9 - Regulation 11.265 (note)
Item 9 amends the note to regulation 11.265 of the Civil Aviation Safety Regulations to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.
Item 10 - Subregulation 65.033(1) (note)
Item 10 repeals the note to subregulation 65.033(1) of the Civil Aviation Safety Regulations, which provides that a Manual of Standards is a legislative instrument according to subsections 98(5A) and (5B) of the Civil Aviation Act 1988 and subparagraph 6(d)(i) of the Legislative Instruments Act, and that it must be registered and tabled in accordance with the Legislative Instruments Act in both Houses of the Parliament within six sitting days after its making. This item substitutes a new note to omit the reference to subparagraph 6(d)(i) of the Legislative Instruments Act. Subparagraph 6(d)(i) provides that an instrument is a legislative instrument if it is an instrument made in the exercise of a power delegated by the Parliament and, in accordance with a provision of the enabling legislation, declared to be a disallowable instrument under the repealed section 46A of the Acts Interpretation Act.
Subparagraph 6(d)(i) is being repealed by the Acts and Instruments (Framework Reform) Act, and its effect is preserved by the new subparagraph 57A(b)(i) of the Legislation Act. The new note inserted by this item does not make a reference to subparagraph 57A(b)(i) as it is not necessary. This is because subsection 98(5B) has been amended to refer to legislative instruments by the Maritime Transport and Offshore Facilities Security Amendment (Security Plans and Other Measures) Act 2006. Accordingly, the new note only refers to subsections 98(5A) and (5B) of the Civil Aviation Act.
Item 11 - Regulation 91.5010 (note 1)
Item 11 repeals note 1 to regulation 91.5010 of the Civil Aviation Safety Regulations, which provides that a Manual of Standards is a legislative instrument according to subsections 98(5A) and (5B) of the Civil Aviation Act 1988 and paragraph 6(d) of the Legislative Instruments Act, and that it must be registered and tabled in accordance with the Legislative Instruments Act in both Houses of the Parliament within six sitting days after its making. This item substitutes a new note to omit the reference to paragraph 6(d) of the Legislative Instruments Act. Paragraph 6(d) provides that an instrument is a legislative instrument if it is an instrument made in the exercise of a power delegated by the Parliament and, in accordance with a provision of the enabling legislation, declared to be a disallowable instrument under the repealed section 46A of the Acts Interpretation Act. Paragraph 6(d) is being repealed by the Acts and Instruments (Framework Reform) Act, and its effect is preserved by the new subsection 57A(b) of the Legislation Act. The new note inserted by this item does not make a reference to subsection 57A(b) as it is not necessary. This is because subsection 98(5B) has been amended to refer to legislative instruments by the Maritime Transport and Offshore Facilities Security Amendment (Security Plans and Other Measures) Act. Accordingly, the new note only refers to subsections 98(5A) and (5B) of the Civil Aviation Act.
Item 12 - Subregulation 139.712(1) (note)
Item 12 repeals the note to subregulation 139.712(1) of the Civil Aviation Safety Regulations, which provides that a Manual of Standards is a legislative instrument according to subsections 98(5A) and (5B) of the Civil Aviation Act 1988 and subparagraph 6(d)(i) of the Legislative Instruments Act, and that it must be registered and tabled in accordance with the Legislative Instruments Act in both Houses of the Parliament within six sitting days after its making. This item substitutes a new note to omit the reference to subparagraph 6(d)(i) of the Legislative Instruments Act. Subparagraph 6(d)(i) provides that an instrument is a legislative instrument if it is an instrument made in the exercise of a power delegated by the Parliament and, in accordance with a provision of the enabling legislation, declared to be a disallowable instrument under the repealed section 46A of the Acts Interpretation Act.
Subparagraph 6(d)(i) is being repealed by the Acts and Instruments (Framework Reform) Act, and its effect is preserved by the new subparagraph 57A(b)(i) of the Legislation Act. The new note inserted by this item does not make a reference to subparagraph 57A(b)(i) as it is not necessary. This is because subsection 98(5B) of the Civil Aviation Act has been amended to refer to legislative instruments by the Maritime Transport and Offshore Facilities Security Amendment (Security Plans and Other Measures) Act. Accordingly, the new note only refers to subsections 98(5A) and (5B) of the Civil Aviation Act.
Item 13 - subregulation 139.755(4) (note)
Item 13 repeals the note to subregulation 139.755(4) of the Civil Aviation Safety Regulations. This note provides for the definition of Department as the department administered by the Minister who administers the Civil Aviation Safety Regulations, according to subsection 19A(3) and section 46 of the Acts Interpretation Act. The Acts and Instruments (Framework Reform) Act repeals subsection 19A(3) and replaces it with the new section 19A. The new section 19A continues to provide for the interpretation of references to Departments in Acts, as subsection 19A(3) did.
Section 46 of the Acts Interpretation Act provides for the construction of instruments other than legislative instruments and rules of court. Reference to this section is replaced by section 13 of the Legislation Act, which provides for the construction of legislative and notifiable instruments, relevantly, that the Acts Interpretation Act applies to provisions of legislative and notifiable instruments as if they were provisions of an Act. The reference to section 46 in the repealed note predates the enactment of the Legislative Instruments Act, and is therefore no longer accurate. It is updated to refer to section 13 of the Legislation Act.
Item 14 - subregulations 143.017(1), 171.017(1) and 172.022(1) (note)
Item 14 repeals the notes to subregulations 143.017(1), 171.017(1) and 172.022(1) of the Civil Aviation Safety Regulations, which provides that a Manual of Standards is a legislative instrument according to subsections 98(5A) and (5B) of the Civil Aviation Act 1988 and subparagraph 6(d)(i) of the Legislative Instruments Act, and that it must be registered and tabled in accordance with the Legislative Instruments Act in both Houses of the Parliament within six sitting days after its making. This item substitutes a new note to omit the reference to subparagraph 6(d)(i) of the Legislative Instruments Act. Subparagraph 6(d)(i) provides that an instrument is a legislative instrument if it is an instrument made in the exercise of a power delegated by the Parliament and, in accordance with a provision of the enabling legislation, declared to be a disallowable instrument under the repealed section 46A of the Acts Interpretation Act. Subparagraph 6(d)(i) is being repealed by the Acts and Instruments (Framework Reform) Act, and its effect is preserved by the new subparagraph 57A(b)(i) of the Legislation Act. The new note inserted by this item does not make a reference to subparagraph 57A(b)(i) as it is not necessary. This is because subsection 98(5B) of the Civil Aviation Act has been amended to refer to legislative instruments by the Maritime Transport and Offshore Facilities Security Amendment (Security Plans and Other Measures) Act. Accordingly, the new note only refers to subsections 98(5A) and (5B) of the Civil Aviation Act.
Item 15 - Subregulation 3(4)
Item 15 amends subregulation 3(4) of the Copyright Regulations 1969 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.
Customs (Prohibited Exports) Regulations 1958
Item 16 - Item 1 of Schedule 7 (paragraph (b) of the note)
Item 16 amends paragraph (b) of the note to item 1 of Schedule 7 of the Customs (Prohibited Exports) Regulations 1958 to omit the phrase 'under 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).
Explosives Transport Regulations 2002
Item 17 - Subregulation 24(2) (note 3)
Federal Court and Federal Circuit Court Regulation 2012
Item 18 - Section 4.02
Great Barrier Reef Marine Park Regulations 1983
Item 19 - Subregulation 67(6)
Item 19 repeals subregulation 67(6) of the Great Barrier Reef Marine Park Regulations 1983 and replaces it with a new subsection. The new subsection 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. 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.
Hazardous Waste (Regulation of Exports and Imports) Regulations 1996
Item 20 - Regulation 3 (note 2 at the end of the definition of recovery operation)
Item 20 amends note 2 at the end of the definition of recovery operation under regulation 3 of the Hazardous Waste (Regulation of Exports and Imports) Regulations 1996 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.
Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Regulations 1999
Item 21 - Regulation 15 (note)
Item 21 amends the note to regulation 15 of the Hazardous Waste (Regulation of Exports and Imports (Waigani Convention) Regulations 1999, which provides that if the Department of the Environment undergoes a name change, then paragraph 15(a) of the Regulations will have effect as if the name of the new Department were substituted, if the Governor-General so orders, referring to subsections 19B(2), 19BA(2) and 46(1)(a) of the Acts Interpretation Act. Section 19B(2) provided that an Order can be made to alter how a reference to a particular Department is read, if that Department has been abolished or the name of the Department has been changed. Section 19BA(2) provided an additional power for the Governor-General to alter references in specific legislation to a particular Department if there is a change in matters dealt with by the Department due to administrative arrangements ordered by the Governor-General, but the name of the Department has not been changed. Those provisions are being repealed by the Acts and Instruments (Framework Reform) Act and replaced with the new section 19B. In any case, it is no longer necessary to refer to the Orders made by the Governor-General as the new section 19A provides for the interpretation of a reference to a Department by title, even if that title no longer exists.
Section 46 of the Acts Interpretation Act provides for the construction of instruments other than legislative instruments and rules of court. The reference to this section is replaced by section 13 of the Legislation Act, which provides for the construction of legislative and notifiable instruments, relevantly, that the Acts Interpretation Act applies to provisions of legislative and notifiable instruments as if they were provisions of an Act. The reference to section 46 in the repealed note predates the enactment of the Legislative Instruments Act, and is therefore no longer accurate. It is updated to refer to section 13 of the Legislation Act.
Income Tax Assessment Regulations 1997
Item 22 - Regulation 51-5.01 (note)
Item 22 repeals the note and substitutes a new note to regulation 51-5.01 of the Income Tax Assessment Regulations 1997, which provides that the Defence Determination 2005/15 is available on the Department of Defence website. The new note reflects amendments made by the Acts and Instruments (Framework Reform) Act. It explains that this Determination is a disallowable non-legislative instrument under section 46B of the Acts Interpretation Act, which is being repealed by the Acts and Instruments (Framework Reform) Act. The note also explains that item 179 of Schedule 1 to the Acts and Instruments (Framework Reform) Act, a transitional provision, provides that if an instrument to which section 46B applies was in force immediately before Schedule 1 commenced, section 46B continues to apply to that instrument. It also provides that the rule-maker may lodge such an instrument for registration under the Legislation Act on the Federal Register of Legislation, as provided by section 15A of the Legislation Act.
Item 23 - Subregulation 960-80.03(6) (definition of registered)
Item 23 amends the definition of registered under regulation 3 of the Hazardous Waste (Regulation of Exports and Imports) Regulations 1996 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.
Interstate Road Transport Charge Regulations 2009
Item 24 - Regulation 2
Item 24 repeals regulation 2 of the Interstate Road Transport Charge Regulations 2009. That provision provides for the commencement of those Regulations. As the Interstate Road Transport Charge Regulations have commenced, the commencement provision is no longer needed. It also contains an outdated reference to Part 5 of the Legislative Instruments Act, which is being repealed by the Acts and Instruments (Framework Reform) Act.
National Transport Commission (Model Act on Heavy Vehicle Speeding Compliance) Regulations 2008
Item 25 - Regulation 3 (notes 2 and 3)
Item 25 repeals and replaces notes 2 and 3 to regulation 3 of the National Transport Commission (Model Act on Heavy Vehicle Speeding Compliance) Regulations 2008 to omit references to specific exemptions from disallowance and sunsetting under subsections 44(2) and subsection 54(2) of the Legislative Instruments Act respectively. This item replaces those references to reflect changes to sections 44 and 54 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 sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsections 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
Item 26 - Regulation 3 (notes 2 and 3)
Item 26 repeals and replaces notes 2 and 3 to regulation 3 of the National Transport Commission (Model Amendments Act: Heavy Vehicle Driver Fatigue Package No. 1) Regulations 2008 to omit references to specific exemptions from disallowance and sunsetting under subsections 44(2) and subsection 54(2) of the Legislative Instruments Act respectively. This item replaces those references to reflect changes to sections 44 and 54 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 sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
Item 27 - Subregulation 3(2) (notes 2 and 3)
Item 27 repeals and replaces notes 2 and 3 to subregulation 3(2) of the National Transport Commission (Model Amendments Act: Heavy Vehicle Driver Fatigue--Package No. 2) Regulations 2009 to omit references to specific exemptions from disallowance and sunsetting under subsections 44(2) and subsection 54(2) of the Legislative Instruments Act respectively. This item replaces those references to reflect changes to sections 44 and 54 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 sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
Item 28 - Subregulation 3(2) (notes 2 and 3)
Item 28 repeals and replaces notes 2 and 3 to subregulation 3(2) of the National Transport Commission (Model Amendments Act: Heavy Vehicle Driver Fatigue--Package No. 3) Regulations 2009 to omit references to specific exemptions from disallowance and sunsetting under subsections 44(2) and subsection 54(2) of the Legislative Instruments Act respectively. This item replaces those references to reflect changes to sections 44 and 54 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 sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
Item 29 - Subregulation 3(2) (notes 2 and 3)
Item 29 repeals and replaces notes 2 and 3 to subregulation 3(2) of the National Transport Commission (Model Amendments Act: Heavy Vehicle Driver Fatigue--Package No. 4) Regulations 2009 to omit references to specific exemptions from disallowance and sunsetting under subsections 44(2) and subsection 54(2) of the Legislative Instruments Act respectively. This item replaces those references to reflect changes to sections 44 and 54 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 sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
Item 30 - Regulation 3 (notes 2 and 3)
Item 30 repeals and replaces notes 2 and 3 to regulation 3 of the National Transport Commission (Model Amendments Regulations: Australian Road Rules--Package No. 5--General) Regulations 2009 to omit references to specific exemptions from disallowance and sunsetting under subsections 44(2) and subsection 54(2) of the Legislative Instruments Act respectively. This item replaces those references to reflect changes to sections 44 and 54 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 sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
Item 31 - Regulation 3 (notes 2 and 3)
The current sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
National Transport Commission (Model Amendments Regulations: Australian Road Rules--Package No. 7) Regulations 2008
Item 32 - Regulation 3 (notes 2 and 3)
Item 32 repeals and replaces notes 2 and 3 to regulation 3 of the National Transport Commission (Model Amendments Regulations: Australian Road Rules—Package No. 7) Regulations 2008 to omit references to specific exemptions from disallowance and sunsetting under subsections 44(2) and subsection 54(2) of the Legislative Instruments Act respectively. This item replaces those references to reflect changes to sections 44 and 54 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 sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
Item 33 - Subregulation 3(2) (notes 2 and 3)
Item 33 repeals and replaces notes 2 and 3 to subregulation 3(2) of the National Transport Commission (Model Amendments Regulations: Australian Road Rules--Package No. 8) Regulations 2009 to omit references to specific exemptions from disallowance and sunsetting under subsections 44(2) and subsection 54(2) of the Legislative Instruments Act respectively. This item replaces those references to reflect changes to sections 44 and 54 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 sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
Item 34 - Subregulation 3(2) (notes 2 and 3)
Item 34 repeals and replaces notes 2 and 3 to subregulation 3(2) of the National Transport Commission (Model Amendments Regulations: Australian Vehicle Standards Rules--Package No. 6) Regulations 2009 to omit references to specific exemptions from disallowance and sunsetting under subsections 44(2) and subsection 54(2) of the Legislative Instruments Act respectively. This item replaces those references to reflect changes to sections 44 and 54 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 sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
Item 35 - Subregulation 3(2) (notes 2 and 3)
Item 35 repeals and replaces notes 2 and 3 to subregulation 3(2) of the National Transport Commission (Model Amendments Regulations: Heavy Vehicle Registration--Package No. 1) Regulations 2009 to omit references to specific exemptions from disallowance and sunsetting under subsections 44(2) and subsection 54(2) of the Legislative Instruments Act respectively. This item replaces those references to reflect changes to sections 44 and 54 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 sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
Item 36 - Regulation 3 (notes 2 and 3)
Item 36 repeals and replaces notes 2 and 3 to regulation 3 of the National Transport Commission (Model Amendments to the National Driver Licensing Scheme (Supporting Principles)--Package No. 1) Regulations 2009 to omit references to specific exemptions from disallowance and sunsetting under subsections 44(2) and subsection 54(2) of the Legislative Instruments Act respectively. This item replaces those references to reflect changes to sections 44 and 54 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 sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
National Transport Commission (Model Amendments: Transport of Dangerous Goods by Road or Rail--Package No. 1) Regulations 2009
Item 37 - Subregulation 3(1)
Item 37 amends subregulation 3(1) of the National Transport Commission (Model Amendments: Transport of Dangerous Goods by Road or Rail--Package No. 1) Regulations 2009 to remove the subregulation numbering (1), as there are no other subregulations.
Item 38 - Subregulation 3(1) (notes 2 and 3)
Item 38 repeals and replaces notes 2 and 3 to subregulation 3(1) of the National Transport Commission (Model Amendments: Transport of Dangerous Goods by Road or Rail--Package No. 1) Regulations to omit references to specific exemptions from disallowance and sunsetting under subsections 44(2) and subsection 54(2) of the Legislative Instruments Act respectively. This item replaces those references to reflect changes to sections 44 and 54 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 sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
National Transport Commission (Model Heavy Vehicle Charges Act) Regulations 2008
Item 39 - Regulation 3 (notes 2 and 3)
Item 39 repeals and replaces notes 2 and 3 to regulation 3 of the National Transport Commission (Model Heavy Vehicle Charge Act) Regulations 2008 to omit references to specific exemptions from disallowance and sunsetting under subsections 44(2) and subsection 54(2) of the Legislative Instruments Act respectively. This item replaces those references to reflect changes to sections 44 and 54 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 sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
National Transport Commission (Model Law on Engine Brake Noise Limits) Regulations 2009
Item 40 - Regulation 3 (notes 1 and 2)
Item 40 repeals and replaces notes 2 and 3 to regulation 3 of the National Transport Commission (Model Law on Engine Brake Noise Limits) Regulations 2009 to omit references to specific exemptions from disallowance and sunsetting under subsections 44(2) and subsection 54(2) of the Legislative Instruments Act respectively. This item replaces those references to reflect changes to sections 44 and 54 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 sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
National Transport Commission (Model Legislation--Heavy Vehicle Driver Fatigue) Regulations 2007
Item 41 - Regulation 3 (notes 3 and 4)
Item 41 repeals and replaces notes 3 and 4 to regulation 3 of the National Transport Commission (Model Legislation--Heavy Vehicle Driver Fatigue) Regulations 2007 to omit references to specific exemptions from disallowance and sunsetting under subsections 44(2) and subsection 54(2) of the Legislative Instruments Act respectively. This item replaces those references to reflect changes to sections 44 and 54 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 sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
National Transport Commission (Model Legislation--Intelligent Access Program) Regulations 2006
Item 42 - Regulation 3 (notes 3 and 4)
Item 42 repeals and replaces notes 3 and 4 to regulation 3 of the National Transport Commission (Model Legislation--Intelligent Access Program) Regulations 2006 to omit references to specific exemptions from disallowance and sunsetting under subsections 44(2) and subsection 54(2) of the Legislative Instruments Act respectively. This item replaces those references to reflect changes to sections 44 and 54 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 sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
National Transport Commission (Model Legislation--Rail Safety Bill) Regulations 2006
Item 43 - Regulation 3 (notes 3 and 4)
Item 43 repeals and replaces notes 3 and 4 to regulation 3 of the National Transport Commission (Model Legislation--Rail Safety Bill) Regulations 2006 to omit references to specific exemptions from disallowance and sunsetting under subsections 44(2) and subsection 54(2) of the Legislative Instruments Act respectively. This item replaces those references to reflect changes to sections 44 and 54 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 sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
Item 44 - Regulation 3 (notes 3 and 4)
Item 44 repeals and replaces notes 3 and 4 to regulation 3 of the National Transport Commission (Road Transport Legislation--Alternative Compliance Schemes) Regulations 2006 to omit references to specific exemptions from disallowance and sunsetting under subsections 44(2) and subsection 54(2) of the Legislative Instruments Act respectively. This item replaces those references to reflect changes to sections 44 and 54 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 sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
National Transport Commission (Road Transport Legislation--Australian Road Rules) Regulations 2006
Item 45 - Regulation 3 (notes 3 and 4)
The current sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
National Transport Commission (Road Transport Legislation--Compliance and Enforcement Bill) Regulations 2006
Item 46 - Regulation 3 (notes 3 and 4)
Item 46 repeals and replaces notes 3 and 4 to regulation 3 of the National Transport Commission (Road Transport Legislation--Compliance and Enforcement Bill) Regulations 2006 to omit references to specific exemptions from disallowance and sunsetting under subsections 44(2) and subsection 54(2) of the Legislative Instruments Act respectively. This item replaces those references to reflect changes to sections 44 and 54 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 sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
Item 47 - Regulation 3 (notes 3 and 4)
Item 47 repeals and replaces notes 3 and 4 to regulation 3 of the National Transport Commission (Road Transport Legislation--Compliance and Enforcement Regulations) Regulations 2006 to omit references to specific exemptions from disallowance and sunsetting under subsections 44(2) and subsection 54(2) of the Legislative Instruments Act respectively. This item replaces those references to reflect changes to sections 44 and 54 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 sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
National Transport Commission (Road Transport Legislation--Dangerous Goods Act) Regulations 2006
Item 48 - Regulation 3 (notes 3 and 4)
The current sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
National Transport Commission (Road Transport Legislation--Dangerous Goods Regulations) Regulations 2006
Item 49 - Regulation 3 (notes 3 and 4)
The current sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
National Transport Commission (Road Transport Legislation--Driver Licensing) Regulations 2006
Item 50 - Regulation 3 (notes 3 and 4)
Item 50 repeals and replaces notes 3 and 4 to regulation 3 of the National Transport Commission (Road Transport Legislation--Driver Licensing) Regulations 2006 to omit references to specific exemptions from disallowance and sunsetting under subsections 44(2) and subsection 54(2) of the Legislative Instruments Act respectively. This item replaces those references to reflect changes to sections 44 and 54 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 sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
Item 51 - Regulation 3 (notes 3 and 4)
The current sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
National Transport Commission (Road Transport Legislation--Heavy Vehicles Registration Act) Regulations 2006
Item 52 - Regulation 3 (notes 3 and 4)
The current sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
National Transport Commission (Road Transport Legislation--Heavy Vehicles Registration Regulations) Regulations 2006
Item 53 - Regulation 3 (notes 3 and 4)
The current sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
National Transport Commission (Road Transport Legislation--Heavy Vehicle Standards Regulations) Regulations 2006
Item 54 - Regulation 3 (notes 3 and 4)
Item 54 repeals and replaces notes 3 and 4 to regulation 3 of the National Transport Commission (Road Transport Legislation--Heavy Vehicles Standards Regulations) Regulations 2006 to omit references to specific exemptions from disallowance and sunsetting under subsections 44(2) and subsection 54(2) of the Legislative Instruments Act respectively. This item replaces those references to reflect changes to sections 44 and 54 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 sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
National Transport Commission (Road Transport Legislation--Higher Mass Limits) Regulations 2006
Item 55 - Regulation 3 (notes 3 and 4)
The current sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
National Transport Commission (Road Transport Legislation--Mass and Loading Regulations) Regulations 2006
Item 56 - Regulation 3 (notes 3 and 4)
Item 56 repeals and replaces notes 3 and 4 to regulation 3 of the National Transport Commission (Road Transport Legislation--Mass and Loading Regulations) Regulations 2006 to omit references to specific exemptions from disallowance and sunsetting under subsections 44(2) and subsection 54(2) of the Legislative Instruments Act respectively. This item replaces those references to reflect changes to sections 44 and 54 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 sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
Item 57 - Regulation 3 (notes 3 and 4)
Item 57 repeals and replaces notes 3 and 4 to regulation 3 of the National Transport Commission (Road Transport Legislation--Oversize and Overmass Vehicles Regulations) Regulations 2006 to omit references to specific exemptions from disallowance and sunsetting under subsections 44(2) and subsection 54(2) of the Legislative Instruments Act respectively. This item replaces those references to reflect changes to sections 44 and 54 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 sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
Item 58 - Regulation 3 (notes 3 and 4)
Item 53 repeals and replaces notes 3 and 4 to regulation 3 of the National Transport Commission (Road Transport Legislation--Restricted Access Vehicles Regulations) Regulations 2006 to omit references to specific exemptions from disallowance and sunsetting under subsections 44(2) and subsection 54(2) of the Legislative Instruments Act respectively. This item replaces those references to reflect changes to sections 44 and 54 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 sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
Item 59 - Regulation 3 (notes 3 and 4)
Item 59 repeals and replaces notes 3 and 4 to regulation 3 of the National Transport Commission (Road Transport Legislation--Road Transport Charges Act) Regulations 2006 to omit references to specific exemptions from disallowance and sunsetting under subsections 44(2) and subsection 54(2) of the Legislative Instruments Act respectively. This item replaces those references to reflect changes to sections 44 and 54 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 sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
Item 60 - Regulation 3 (notes 3 and 4)
The current sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
National Transport Commission (Road Transport Legislation--Vehicles and Traffic Act) Regulations 2006
Item 61 - Regulation 3 (notes 3 and 4)
Item 61 repeals and replaces notes 3 and 4 to regulation 3 of the National Transport Commission (Road Transport Legislation--Vehicles and Traffic Act) Regulations 2006 to omit references to specific exemptions from disallowance and sunsetting under subsections 44(2) and subsection 54(2) of the Legislative Instruments Act respectively. This item replaces those references to reflect changes to sections 44 and 54 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 sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
National Transport Commission (Road Transport Legislation--Vehicle Standards) Regulations 2006
Item 62 - Regulation 3 (notes 3 and 4)
Item 62 repeals and replaces notes 3 and 4 to regulation 3 of the National Transport Commission (Road Transport Legislation--Vehicle Standards) Regulations 2006 to omit references to specific exemptions from disallowance and sunsetting under subsections 44(2) and subsection 54(2) of the Legislative Instruments Act respectively. This item replaces those references to reflect changes to sections 44 and 54 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 sections 44 and 54 of the Legislative Instruments Act provide for exemptions from disallowance and sunsetting respectively. General exemptions are provided under subsection 44(1) and 54(1), while specific exemptions are listed in tables in subsections 44(2) and 54(2). The tables of exemptions are omitted from the amended subsections 44(2) and 54(2) of the Legislation Act, and the exemptions are to be consolidated into regulations. Accordingly, the references to specific exemptions under the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003' and 'regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003'.
Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998
Item 63 - Regulation 3 (note 1 to the end of the definition of Secretary)
Item 63 repeals note 1 to the end of the definition of Secretary under regulation 3 of the Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998. Note 1 provides for the definition of Department as the department administered by the Minister who administers these Regulations, according to subsection 19A(3)(b) and section 46 of the Acts Interpretation Act. The Acts and Instruments (Framework Reform) Act repeals subsection 19A(3) replaces it with the new section 19A. The new section 19A continues to provide for the interpretation of references to Departments in Acts, as subsection 19A(3) did.
Section 46 of the Acts Interpretation Act provides for the construction of instruments other than legislative instruments and rules of court. Reference to this section is replaced by section 13 of the Legislation Act, which provides for the construction of legislative and notifiable instruments, relevantly, that the Acts Interpretation Act applies to provisions of legislative and notifiable instruments as if they were provisions of an Act. The reference to section 46 in the repealed note predates the enactment of the Legislative Instruments Act, and is therefore no longer accurate. It is updated to refer to section 13 of the Legislation Act.
Quarantine Regulations 2000
Item 64 - Readers guide
Item 64 repeals the Reader's Guide in the Quarantine's Regulations 2000. Readers' guides are being progressively removed from legislative instruments in favour of information being made available on departments' websites, in this case the website of the Department of Agriculture and Water Resources. They are not part of the law. Repealing the Readers guide from the Quarantine Regulations removes any potential confusion that it forms part of the law.
Item 65 - Section 3 (at the end of the definition of registration day)
Item 65 inserts a note to section 3 (at the end of the definition of registration day) in the Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional Provisions) Regulation 2012 to explain that the Federal Register of Legislative Instruments became the Federal Register of Legislation established under the Legislation Act. This is consequential to 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.
Trade Practices (Horticulture Code of Conduct) Regulations 2006
Item 66 - At the end of subregulation 3(4)
Item 66 inserts a note at the end of subregulation 3(4) in the Trade Practices (Horticulture Code of Conduct) Regulations 2006 to explain that the Federal Register of Legislative Instruments became the Federal Register of Legislation established under the Legislation Act. This is consequential to 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.
Work Health and Safety Regulations 2011
Item 67 - Subsection 698(2) (note)
Item 67 amends the note to subsection 698(2) of the Work Health and Safety Regulations 2011 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.