SUBORDINATE LEGISLATION ACT 1978 TABLE OF PROVISIONS PART 1--Preliminary 1. Short title 4. Interpretation 7. Amendment of Acts Interpretation Act 9. Application of this Act to other subordinate legislation PART 2--Making of regulations etc 10. Making of regulations 10AA. Commencement of regulations 10A. Regulations to be referred to Legislative Review Committee 11. Publishing of regulations 13. Numbering of regulations PART 3A--Expiry of regulations 16A. Regulations to which this Part applies 16B. Expiry of regulations to which this Part applies 16C. Postponement of expiry PART 4--Miscellaneous 17. Regulations Legislative history SUBORDINATE LEGISLATION ACT 1978 - LONG TITLE An Act relating to the making, printing and publishing of certain subordinate legislation; and for other purposes. SUBORDINATE LEGISLATION ACT 1978 - SECT 1 1--Short title This Act may be cited as the Subordinate Legislation Act 1978. SUBORDINATE LEGISLATION ACT 1978 - SECT 4 4--Interpretation In this Act, unless the contrary intention appears-- "regulation" means any regulation, rule or by-law made under an Act. SUBORDINATE LEGISLATION ACT 1978 - SECT 7 7--Amendment of Acts Interpretation Act (3) Where in any Act passed before the commencement of this Act a reference express or implied is made to section 38 of the Acts Interpretation Act 1915, as in force from time to time, that reference shall, on and after that commencement, be read as a reference to section 10 of this Act. SUBORDINATE LEGISLATION ACT 1978 - SECT 9 9--Application of this Act to other subordinate legislation The Governor may, by proclamation, declare that this Act or any specified provision of this Act shall, in addition to applying to regulations, apply to and in relation to any other enactment of a legislative character made pursuant to any Act, whether that Act was passed before, on or after the commencement of this Act, and this Act shall apply and have effect accordingly and the Governor may by a subsequent proclamation amend, vary or revoke any such declaration. SUBORDINATE LEGISLATION ACT 1978 - SECT 10 10--Making of regulations (1) Where, by any Act passed after the sixteenth day of December, 1915, it is provided that regulations shall or may be made and it is not provided by whom such regulations shall or may be made, any regulation made under, or by virtue of, such provision, shall be made by the Governor. (3) Except as is expressly provided in any other Act, every regulation must be laid before each House of Parliament within six sitting days of that House after it has been made. (4) A failure to have a regulation laid before both Houses of Parliament in accordance with subsection (3) does not affect the operation or effect of that regulation. (5) The Legislative Review Committee of the Parliament may report a failure to comply with subsection (3) to each House of Parliament. (5a) Subject to this section, where-- (a) a regulation has been laid before each House of Parliament in accordance with subsection (3); or (b) a report has been made in respect of a regulation by the Legislative Review Committee of the Parliament in accordance with subsection (5), that regulation may be disallowed by resolution of either House of Parliament and will cease to have effect. (5b) A resolution is not effective for the purposes of subsection (5a) unless-- (a) in the case of a regulation that has been laid before the House in accordance with subsection (3)--the resolution is passed in pursuance of a notice of motion given within 14 sitting days (which need not fall within the same session of Parliament) after the regulation was laid before the House; or (b) in the case of a regulation that has been the subject of a report by the Legislative Review Committee of the Parliament in accordance with subsection (5)--the resolution is passed in pursuance of a notice of motion given within six sitting days (which need not fall within the same session of Parliament) after the report of the Legislative Review Committee of the Parliament has been made to the House. (6) When a resolution referred to in subsection (5a) of this section has been passed, notice of that resolution shall forthwith be published in the Gazette. (7) Notwithstanding anything in this section, where in any Act, whether passed before or after the commencement of this Act, it is provided that any regulation shall be made by an authority other than the Governor and that that regulation shall be confirmed by the Governor or some other authority before it shall have the force of law, that regulation shall not take effect unless it has been confirmed as required. SUBORDINATE LEGISLATION ACT 1978 - SECT 10AA 10AA--Commencement of regulations (1) Subject to this and any other Act, a regulation that is required to be laid before Parliament comes into operation four months after the day on which it is made or from such later date or time as is specified in the regulation. (2) A regulation that is required to be laid before Parliament-- (a) may come into operation on an earlier date, or at an earlier time, specified in the regulation if the Minister responsible for the administration of the Act under which the regulation is made certifies that, in his or her opinion, it is necessary or appropriate that the regulation come into operation on an earlier date or at an earlier time; but (b) may not come into operation earlier than the date on which it is made unless that earlier operation is authorised by the Act under which the regulation is made. (3) Subject to any other Act, a regulation that is not required to be laid before Parliament comes into operation on the day on which it is made or from such later date or time as is specified in the regulation. (4) A document appearing to be a certificate under subsection (2) will, in the absence of proof to the contrary, be accepted as such in any legal proceedings. (5) A certificate under subsection (2) cannot be called in question in any legal proceedings. SUBORDINATE LEGISLATION ACT 1978 - SECT 10A 10A--Regulations to be referred to Legislative Review Committee (1) Every regulation that is required to be laid before Parliament is, when made, referred by force of this section to the Legislative Review Committee of the Parliament. (1a) If a Minister issues a certificate under section 10AA(2) in relation to a regulation, the Minister must cause a report setting out the reasons for the issue of the certificate to be given to the Committee as soon as practicable after the making of the regulation. (2) The Committee must inquire into and consider all regulations referred to it. (3) The Committee must consider all regulations as soon as conveniently practicable after they are referred to the Committee and, if Parliament is then in session, must do so before the end of the period within which any motion for disallowance of the regulations may be moved in either House of Parliament. (4) If the Committee forms the opinion that any regulations ought to be disallowed-- (a) it must report the opinion and the grounds for the opinion to both Houses of Parliament before the end of the period within which any motion for disallowance of the regulations may be moved in either House; and (b) if Parliament is not in session, it may, before reporting to Parliament, report the opinion and the grounds for the opinion to the authority by which the regulations were made. SUBORDINATE LEGISLATION ACT 1978 - SECT 11 11--Publishing of regulations Every regulation shall, forthwith after it is made, be published in the Gazette. SUBORDINATE LEGISLATION ACT 1978 - SECT 13 13--Numbering of regulations (1) For the purposes of this section the Governor may by proclamation appoint a day. (2) Regulations (other than regulations made by an authority other than the Governor) made on and after the day appointed under subsection (1) of this section shall be numbered consecutively as nearly as may be in the order in which they were made beginning with the number "1" in each year. SUBORDINATE LEGISLATION ACT 1978 - SECT 16A 16A--Regulations to which this Part applies This Part applies in relation to all regulations except-- (a) regulations that are not required to be laid before Parliament; and (ab) any of the following made under the Local Government Act 1934: (i) by-laws; (ii) regulations made by the Local Government Superannuation Board; and (c) regulations amending an Act; and (e) a regulation under the Natural Resources Management Act 2004-- (i) declaring a watercourse, lake or well to be a prescribed watercourse, lake or well or declaring that part of the State is a surface water prescribed area; or (ii) varying or revoking a regulation referred to in subparagraph (i); and (ea) by-laws made under section 171 of the Natural Resources Management Act 2004; and (eb) regulations under the Southern State Superannuation Act 2009; and (f) regulations made by a person, body or authority other than the Governor. SUBORDINATE LEGISLATION ACT 1978 - SECT 16B 16B--Expiry of regulations to which this Part applies (1) Subject to this Part, a regulation to which this Part applies will, unless it has already expired or been revoked, expire as follows: (a) a regulation made before 1 January 1976, and all subsequent regulations amending that regulation, will expire on 1 September 1992; (b) a regulation made on or after 1 January 1976 but before 1 January 1980, and all subsequent regulations amending that regulation, will expire on 1 September 1993; (c) a regulation made on or after 1 January 1980 but before 1 June 1982, and all subsequent regulations amending that regulation, will expire on 1 September 1994; (d) a regulation made on or after 1 June 1982 but before 1 April 1984, and all subsequent regulations amending that regulation, will expire on 1 September 1995; (e) a regulation made on or after 1 April 1984 but before 1 June 1985, and all subsequent regulations amending that regulation, will expire on 1 September 1996; (f) a regulation made on or after 1 June 1985 but before 1 January 1987, and all subsequent regulations amending that regulation, will expire on 1 September 1997; (g) a regulation made on or after 1 January 1987, and all subsequent regulations amending that regulation, will expire on 1 September of the year following the year in which the tenth anniversary of the day on which the regulation was made falls. (2) For the purposes of this section, a regulation will be taken to have been made on the day on which it was published in the Gazette. SUBORDINATE LEGISLATION ACT 1978 - SECT 16C 16C--Postponement of expiry (1) The regulations may postpone the expiry of a regulation under this Part for a period or periods not exceeding two years at a time and not exceeding four years in aggregate. (2) If a regulation postponing the expiry of another regulation is disallowed, that other regulation ceases to have effect-- (a) on the date on which the notice of disallowance is published in the Gazette; or (b) on the date of expiry, whichever occurs last. SUBORDINATE LEGISLATION ACT 1978 - SECT 17 17--Regulations (1) The Governor may make such regulations as are necessary or expedient for the purposes of this Act. SUBORDINATE LEGISLATION ACT 1978 - NOTES Legislative history Notes * Please note--References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. * Earlier versions of this Act (historical versions) are listed at the end of the legislative history. * For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement 1978 3 Subordinate Legislation Act 1978 23.2.1978 1.6.1978 (Gazette 11.5.1978 p1652) 1983 41 Acts Interpretation Act Amendment Act 1983 16.6.1983 1.7.1983 (Gazette 30.6.1983 p1754) 1987 28 Subordinate Legislation Act Amendment Act 1987 23.4.1987 23.4.1987 1991 50 Parliamentary Committees Act 1991 21.11.1991 11.2.1992 (Gazette 5.12.1991 p1668) 1992 29 Local Government (Reform) Amendment Act 1992 21.5.1992 Sch (para (b))--21.5.1992 and Sch (para (a))--1.7.1992 (Gazette 21.5.1992 p1468) 1992 31 Subordinate Legislation (Expiry) Amendment Act 1992 21.5.1992 1.8.1992 (Gazette 9.7.1992 p561) 1994 21 Statutes Amendment (Attorney-General's Portfolio) Act 1994 26.5.1994 7.7.1994 (Gazette 7.7.1994 p4) 1997 35 Statutes Amendment (Water Resources) Act 1997 19.6.1997 Pt 7 (s 30)--2.7.1997 (Gazette 26.6.1997 p3052) 2002 32 Legislation Revision and Publication Act 2002 28.11.2002 Sch (cl 3)--1.1.2003 (Gazette 19.12.2002 p4735) 2004 34 Natural Resources Management Act 2004 5.8.2004 Sch 4 (cl 42)--1.7.2005 (Gazette 30.6.2005 p2093) 2005 13 Acts Interpretation (Miscellaneous) Amendment Act 2005 21.4.2005 Sch 1 (cl 1)--3.10.2005 (Gazette 29.9.2005 p3547) 2006 44 Statutes Amendment (Justice Portfolio) Act 2006 14.12.2006 Pt 29 (ss 61 & 62)--18.1.2007 (Gazette 18.1.2007 p234) 2009 27 Southern State Superannuation Act 2009 11.6.2009 Sch 1 (cl 6)--1.8.2009 (Gazette 23.7.2009 p3282) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title substituted by 32/2002 Sch cl 3(a) 1.1.2003 Pt 1 s 2 omitted under Legislation Revision and Publication Act 2002 1.7.2005 s 3 amended by 28/1987 s 2 23.4.1987 deleted by 32/2002 Sch cl 3(b) 1.1.2003 s 4 authorised legal practitioner deleted by 32/2002 Sch cl 3(c) 1.1.2003 regulation amended by 28/1987 s 3 23.4.1987 amended by 29/1992 Sch para (a) 1.7.1992 ss 5 and 6 deleted by 32/2002 Sch cl 3(d) 1.1.2003 s 7 s 7(1) and (2) deleted by 32/2002 Sch cl 3(e) 1.1.2003 s 8 deleted by 32/2002 Sch cl 3(f) 1.1.2003 Pt 2 s 10 s 10(2) deleted by 31/1992 s 3 1.8.1992 s 10(3) and (4) substituted by 21/1994 s 28(a) 7.7.1994 s 10(5) deleted by 41/1983 s 28 1.7.1983 inserted by 21/1994 s 28(a) 7.7.1994 s 10(5a) and (5b) inserted by 21/1994 s 28(a) 7.7.1994 s 10(6) amended by 21/1994 s 28(b) 7.7.1994 s 10AA inserted by 31/1992 s 4 1.8.1992 s 10AA(1) amended by 13/2005 Sch 1 cl 1(1) 3.10.2005 s 10AA(2) amended by 13/2005 Sch 1 cl 1(2), (3) 3.10.2005 s 10AA(3) amended by 13/2005 Sch 1 cl 1(4) 3.10.2005 s 10A inserted by 50/1991 Sch Pt 2 11.2.1992 s 10A(1a) inserted by 31/1992 s 5 1.8.1992 s 11 amended by 32/2002 Sch cl 3(g) 1.1.2003 s 12 deleted by 32/2002 Sch cl 3(h) 1.1.2003 Pt 3 deleted by 32/2002 Sch cl 3(i) 1.1.2003 Pt 3A inserted by 28/1987 s 4 23.4.1987 s 16A amended by 29/1992 Sch para (b) 21.5.1992 amended by 31/1992 s 6(a), (b) 1.8.1992 (b) deleted by 31/1992 s 6(a) 1.8.1992 amended by 35/1997 s 30 2.7.1997 amended by 34/2004 Sch 4 cl 42 1.7.2005 (d) deleted by 44/2006 s 61 18.1.2007 amended by 27/2009 Sch 1 cl 6 1.8.2009 s 16B s 16B(1) substituted by 31/1992 s 7 1.8.1992 s 16C inserted by 31/1992 s 8 1.8.1992 Pt 4 s 17 s 17(2) deleted by 32/2002 Sch cl 3(j) 1.1.2003 Transitional etc provisions associated with Act or amendments Statutes Amendment (Justice Portfolio) Act 2006 62--Transitional provision (1) Subject to this section, Part 3A of the Act as amended by section 61 of the Statutes Amendment (Justice Portfolio) Act 2006 applies in relation to a regulation that was, immediately before the commencement of that section, exempt from expiry under that Part because of the repealed provision. (2) A regulation to which this subsection applies will, unless it has already expired or been revoked, be taken to expire under Part 3A of the Act on 1 September of the year following the year in which section 61 of the Statutes Amendment (Justice Portfolio) Act 2006 commences (and section 16C of the Act applies in relation to the expiry of such a regulation in the same way as it applies to the expiry of any other regulation under Part 3A of the Act). (3) Subsection (2) applies to the following regulations: (a) Criminal Investigation (Extraterritorial Offences) Regulations 1986; (b) Prisoners (Interstate Transfer) Regulation 1984. Note-- These regulations have not expired under Part 3A of the Act prior to the commencement of this section because of the application of the repealed provision. (4) In this section-- Act means the Subordinate Legislation Act 1978; repealed provision means section 16A(d) of the Act. Historical versions Reprint No 1--15.1.1992 Reprint No 2--11.2.1992 Reprint No 3--1.7.1992 Reprint No 4--1.8.1992 Reprint No 5--7.7.1994 Reprint No 6--2.7.1997 Reprint No 7--1.1.2003 1.7.2005 3.10.2005 18.1.2007