Commonwealth: Acts and Instruments (Framework Reform) Act 2015 (Cth)

Acts and Instruments (Framework Reform) Act 2015 No. 10, 2015 Compilation No. 2 Compilation date: 18 October 2023 Includes amendments up to: Act No. 74, 2023 Registered: 19 October 2023 About this compilation This compilation This is a compilation of the Acts and Instruments (Framework Reform) Act 2015 that shows the text of the law as amended and in force on 18 October 2023 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Acts, legislative instruments and notifiable instruments Part 1—Definitions and key concepts Legislative Instruments Act 2003 Part 2—Registration of Acts and instruments Legislative Instruments Act 2003 Part 3—Legislative instruments and notifiable instruments generally Legislative Instruments Act 2003 Part 4—Repeals Acts Citation Act 1976 Acts Publication Act 1905 Ordinances and Regulations (Notification) Act 1972 Part 5—Amendments of other Acts Acts Interpretation Act 1901 Defence Act 1903 Defence Force Discipline Act 1982 Defence Force Retirement and Death Benefits Act 1973 Family Law Act 1975 Federal Circuit Court of Australia Act 1999 Federal Court of Australia Act 1976 Great Barrier Reef Marine Park Act 1975 Health Insurance Commission (Reform and Separation of Functions) Act 1997 Human Rights (Parliamentary Scrutiny) Act 2011 Judiciary Act 1903 Motor Vehicle Standards Act 1989 Parliamentary Counsel Act 1970 Protection of the Sea (Prevention of Pollution from Ships) Act 1983 Radiocommunications Act 1992 Telecommunications Act 1997 Trade Marks Act 1995 Part 6—References to the Legislative Instruments Act 2003 Part 7—Application, savings and transitional Schedule 2—Machinery of government changes Part 1—Acts Interpretation Act 1901 Part 2—Application and transitional Schedule 3—Updating references to instruments Part 1—Repeal of Act Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 Part 2—Amendments of Acts Aboriginal and Torres Strait Islanders (Queensland Reserves and Communities Self‑management) Act 1978 Aboriginal Land Grant (Jervis Bay Territory) Act 1986 Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987 Australian Broadcasting Corporation Act 1983 Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 Australian Radiation Protection and Nuclear Safety Act 1998 Broadcasting Services Act 1992 Commerce (Trade Descriptions) Act 1905 Competition and Consumer Act 2010 Customs Act 1901 Defence (Visiting Forces) Act 1963 Environment Protection and Biodiversity Conservation Act 1999 Export Control Act 1982 Fisheries Management Act 1991 Foreign Proceedings (Excess of Jurisdiction) Act 1984 Gene Technology Act 2000 Health and Other Services (Compensation) Act 1995 Health Insurance Act 1973 Hearing Services Administration Act 1997 High Court of Australia Act 1979 Horticulture Marketing and Research and Development Services Act 2000 Imported Food Control Act 1992 Industrial Chemicals (Notification and Assessment) Act 1989 Interactive Gambling Act 2001 National Blood Authority Act 2003 National Environment Protection Measures (Implementation) Act 1998 National Health Act 1953 National Transmission Network Sale Act 1998 National Transport Commission Act 2003 Primary Industries Levies and Charges Collection Act 1991 Primary Industry Councils Act 1991 Radiocommunications Act 1992 Telecommunications Act 1997 Telstra Corporation Act 1991 Tobacco Advertising Prohibition Act 1992 Trade Representatives Act 1933 Wool Services Privatisation Act 2000 Part 3—Saving and transitional Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to amend the Legislative Instruments Act 2003 and other Acts, and for other purposes 1 Short title This Act may be cited as the Acts and Instruments (Framework Reform) Act 2015. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 5 March 2015 2. Schedules 1 to 3 A single day to be fixed by Proclamation. 5 March 2016 However, if the provisions do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Acts, legislative instruments and notifiable instruments Part 1—Definitions and key concepts Legislative Instruments Act 2003 1 Title Repeal the title, substitute: An Act providing for public access to Acts and instruments, for the making, parliamentary scrutiny and sunsetting of legislative instruments and for the repeal of spent instruments and provisions, and for other purposes. 2 Part 1 (heading) Repeal the heading, substitute: Chapter 1—Introduction Part 1—Preliminary 3 Section 1 Omit "Legislative Instruments Act 2003", substitute "Legislation Act 2003". Note 1: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act's previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901). Note 2: See also Part 6 of this Schedule. 4 Section 2A Repeal the section. 5 Section 3 Omit "Commonwealth legislative instruments by", substitute "Acts and instruments by". 6 Paragraph 3(a) Repeal the paragraph, substitute: (a) establishing the Federal Register of Legislation as a permanent repository of versions (including authorised versions) of Acts, legislative instruments, notifiable instruments and compilations, together with associated documents and information; and (aa) enabling the First Parliamentary Counsel to make editorial changes and some other changes in preparing compilations of Acts, legislative instruments and notifiable instruments, if those changes do not change the effect of the Acts or instruments; and 7 Paragraph 3(c) After "legislative instruments", insert "and notifiable instruments". 8 Paragraph 3(d) Omit "legislative instruments", substitute "Acts and instruments". 9 Paragraph 3(ea) Repeal the paragraph, substitute: (ea) automatically repealing spent legislative instruments and notifiable instruments (or provisions of those instruments) that merely provide for the amendment, repeal or commencement of Acts or other instruments; and 10 At the end of section 3 Add: ; and (g) enabling regulations to be made under this Act amending or repealing legislative instruments and notifiable instruments in some circumstances. 11 After section 3 Insert: 3A Simplified outline of this Act This Act provides for public access to Commonwealth Acts, legislative instruments and notifiable instruments. The Act also regulates other matters relating to legislative instruments and notifiable instruments. Acts, legislative instruments and notifiable instruments, compilations and associated documents and information are registered on the Federal Register of Legislation. The public has online access (through an approved website) to authorised versions of registered Acts, instruments and compilations, and to associated documents and information. The First Parliamentary Counsel maintains the Register and the approved website. The First Parliamentary Counsel is given the power to make editorial changes and some other changes to registered Acts and instruments in preparing compilations, if those changes do not change the effect of the Acts or instruments. For legislative instruments and notifiable instruments, the Act deals with commencement, interpretation, incorporation of external material by reference and drafting standards. Rule‑makers for legislative instruments must undertake appropriate and reasonably practicable consultation before the instruments are made. Generally, legislative instruments must be tabled in both Houses of Parliament and are generally subject to disallowance by either House. Legislative instruments and notifiable instruments (or provisions of those instruments) are automatically repealed after their commencement if they merely provide for the amendment, repeal or commencement of Acts or other instruments. Legislative instruments are generally repealed automatically (sunsetted) no more than 10 years after being registered. 12 Sections 4 to 12 Repeal the sections, substitute: 4 The Dictionary In this Act: amend: see subsection 5(1). approved website: see section 15C. authorised version, of a registered law or explanatory statement: see section 15ZA. commencement instrument, in relation to an Act, legislative instrument or notifiable instrument, means an instrument providing solely for the commencement of: (a) the Act or instrument; or (b) a provision of the Act or instrument. Example: A Proclamation providing solely for the commencement of an Act. compilation, of an Act, legislative instrument or notifiable instrument, is a document showing the text of the Act or instrument: (a) as amended (if at all) and in force on a day (the compilation date) stated in the document; or (b) as the Act or instrument would be amended and in force on a day (the compilation date) stated in the document, by amendments that have not commenced, if the document indicates that the amendments have not commenced; or (c) as the Act or instrument is, or would be, modified by an Act or an instrument, and in force on a day (the compilation date) stated in the document. Note: See Part 2 of Chapter 2 for the registration of compilations. compilation date: see the definition of compilation in this section. disallowable legislative instrument means a legislative instrument to which section 42 applies. Note: Section 42 provides for the parliamentary disallowance of legislative instruments. Section 42 does not apply to some legislative instruments (see section 44). discretionary compilation event, for an Act, legislative instrument or notifiable instrument: see section 15Q. editorial change, in relation to an Act, legislative instrument or notifiable instrument: see section 15X. enabling legislation, in relation to a legislative instrument or notifiable instrument, means the primary law that authorises the making of the instrument. explanatory statement for a legislative instrument: see section 15J. Federal Register of Legislation means the register established and maintained under section 15A. First Parliamentary Counsel means the person appointed to the position of First Parliamentary Counsel under subsection 4(1) of the Parliamentary Counsel Act 1970. initial explanatory statement: see section 15J. instrument means any writing or other document, and includes an instrument in electronic form. legislative instrument: see section 8. Note: This term has the same meaning when used in other Acts and instruments: see the definition of legislative instrument in section 2B of the Acts Interpretation Act 1901. making, in relation to an instrument, means the signing, sealing or other endorsement of the instrument by the person or body empowered to make it. modify: see subsection 5(2). notifiable instrument: see section 11. Note: This term has the same meaning when used in other Acts and instruments: see the definition in section 2B of the Acts Interpretation Act 1901. Office of Parliamentary Counsel means the office established by subsection 2(1) of the Parliamentary Counsel Act 1970. power delegated by the Parliament: an instrument made under a power delegated by the Parliament includes: (a) an instrument made under a power delegated by the Parliament to a person or body and then, under the authority of the Parliament, further delegated by that person or body to another person or body; and (b) an instrument that may be made under a power delegated by the Parliament as well as under a power given otherwise by law. Example: An instrument made under an Act as well as a prerogative power. primary law means an Act or an instrument made under an Act, or a provision of an Act or an instrument made under an Act. register means register on the Federal Register of Legislation. registered law or explanatory statement: see section 15Z. repeal, in relation to an instrument or a provision of an instrument, includes revoke or rescind the instrument or provision. Note: Section 5 defines amend, for a provision of an instrument, to include the repeal of a provision of the instrument. replacement explanatory statement: see section 15J. required compilation event, for an Act, legislative instrument or notifiable instrument: see section 15Q. responsible person: see section 6. rule‑maker: see section 6. rules means rules made by the First Parliamentary Counsel under section 61A. Note: These rules are legislative instruments. Regulations may also be made for the purposes of this Act (see section 62). supplementary explanatory statement: see section 15J. text includes any writing. Note: See the definition of writing in section 2B of the Acts Interpretation Act 1901. 5 Definitions of amend and modify (1) In this Act, amend includes: (a) for an Act or instrument—repeal, omit, insert, substitute, renumber or relocate a provision of the Act or instrument; and (b) for a provision of an Act or instrument—any of the following: (i) repeal or omit the provision (or a part of it); (ii) substitute another provision for the provision (or a part of it); (iii) insert another provision into the provision (or a part of it); (iv) renumber the provision (or a part of it); (v) relocate the provision (or a part of it); and (c) for an Act or instrument, or a provision of an Act or instrument—amend by implication; and (d) for an Act or instrument, or a provision of an Act or instrument—change its text in any other way. Note 1: Repeal, in relation to a provision of an instrument, includes revoke or rescind the provision (see the definition of repeal in section 4). Note 2: For the purposes of Part 2 of Chapter 2 (registration of compilations), an Act or instrument is amended by an Act or instrument, or a provision of an Act or instrument, when the amending Act or provision commences (see subsection 15Q(3)). (2) In this Act, modify an Act or instrument means modify the operation of the Act or instrument without amending its text. 6 Definitions of rule‑maker and responsible person Rule‑makers (1) In this Act, rule‑maker, for an instrument, means: (a) for an instrument made by the Governor‑General that is made under enabling legislation (whether or not it may also be made under any other power)—the Minister currently responsible for administering the provision of the enabling legislation under which the instrument is made; or (b) for an instrument made by the Governor‑General, in any other case—the Prime Minister, or a Minister prescribed by regulation for the purposes of this paragraph; or (c) for an instrument made by a person other than the Governor‑General—a person currently authorised to make the instrument. Responsible persons (2) In this Act, responsible person means: (a) for an Act or a provision of an Act—the Minister currently responsible for administering the Act or provision; or (b) for an instrument—the rule‑maker for the instrument. (3) If more than one Minister is currently responsible for administering an Act, or a provision of an Act: (a) each of those Ministers is a responsible person for the Act or provision (as the case may be); and (b) the performance of a function or duty under this Act (in relation to the Act or provision administered) by any of the Ministers discharges the function or duty. Part 2—Key concepts for legislative instruments and notifiable instruments 7 Simplified outline of this Part What are legislative instruments? Generally, the following are legislative instruments: • an instrument described or declared by a law (including this Act) to be a legislative instrument; • an instrument registered on the Federal Register of Legislation as a legislative instrument; • an instrument made under a power delegated by the Parliament that determines the law or alters its content. However, an instrument is not a legislative instrument if an Act (or a regulation under this Act) so provides. What are notifiable instruments? Generally, the following are notifiable instruments: • an instrument described or declared by a law (including this Act or a regulation under this Act) to be a notifiable instrument; • a commencement instrument; • an instrument (other than a legislative instrument) that is registered on the Federal Register of Legislation as a notifiable instrument. Generally, unlike legislative instruments, notifiable instruments are not subject to parliamentary scrutiny, nor are they subject to automatic repeal 10 years after registration. Other key concepts A legislative instrument or notifiable instrument commences on the day after the instrument is registered, or on another day provided by the instrument. Generally, the instrument does not apply retrospectively if that would adversely affect rights or impose liabilities. Generally, the same rules apply to the interpretation of legislative instruments and notifiable instruments as apply to the interpretation of Acts. Some special rules also apply to the construction of instruments. There are restrictions on the extent to which legislative instruments or notifiable instruments can incorporate matters by reference to external documents. 8 Definition of legislative instrument (1) A legislative instrument is an instrument to which subsection (2), (3), (4) or (5) applies. Note: Instruments that can be legislative instruments may be described by their enabling legislation in different ways, for example as regulations, rules, ordinances or determinations. Primary law provides for something to be done by legislative instrument (2) If a primary law gives power to do something by legislative instrument, then: (a) if the thing is done, it must be done by instrument; and (b) that instrument is a legislative instrument. Example 1: A primary law provides that "The Minister may, by legislative instrument, determine licence conditions for the purposes of this section.". Example 2: A primary law provides as follows: "(1) The Chief Executive may, by instrument, determine licence conditions. (2) The Chief Executive may, by instrument, exempt a person from the requirement under this Act to hold a licence. (3) An instrument made by the Chief Executive under subsection (1) or (2) is a legislative instrument.". Instruments registered on the Federal Register of Legislation (3) An instrument made under a power delegated by the Parliament is a legislative instrument if it is registered as a legislative instrument. Note: An instrument made under a power delegated by the Parliament may be a legislative instrument because it is registered as a legislative instrument, whether or not it is a legislative instrument because of another provision of this section. Instruments that determine or alter the law etc. (4) An instrument is a legislative instrument if: (a) the instrument is made under a power delegated by the Parliament; and (b) any provision of the instrument: (i) determines the law or alters the content of the law, rather than determining particular cases or particular circumstances in which the law, as set out in an Act or another legislative instrument or provision, is to apply, or is not to apply; and (ii) has the direct or indirect effect of affecting a privilege or interest, imposing an obligation, creating a right, or varying or removing an obligation or right. Instruments declared to be legislative instruments (5) An instrument is a legislative instrument if it is declared by section 10 or 57A to be a legislative instrument. Note: Section 10 declares regulations and some other instruments to be legislative instruments. Section 57A declares some instruments to be legislative instruments that were made under a power delegated by the Parliament before 1 January 2005, when the substantive provisions of this Act commenced. Instruments that are not legislative instruments (6) Despite subsections (4) and (5), an instrument is not a legislative instrument if it is: (a) declared by an Act not to be a legislative instrument; or (b) prescribed by regulation for the purposes of this paragraph. (7) However, subsection (6) does not apply to an instrument that is a legislative instrument under subsection (3) by registration. (8) Despite anything else in this section, the following are not legislative instruments, and cannot become legislative instruments under subsection (3) (by being registered as legislative instruments): (a) an instrument that is a notifiable instrument because of subsection 11(1) (primary law gives power to do something by notifiable instrument); (b) a commencement instrument; (c) a compilation of a legislative instrument or notifiable instrument; (d) rules of court, or a compilation of rules of court, for the High Court, the Federal Court of Australia, the Family Court of Australia or the Federal Circuit Court of Australia; (e) an explanatory statement for a legislative instrument, or rules of court mentioned in paragraph (d). Note: Rules of court are, however, registered under this Act, and are otherwise treated as if they were legislative instruments by their enabling legislation. 9 Inference of legislative character No implication of legislative character (or otherwise) (1) The fact that an instrument is a legislative instrument because of subsection 8(2), (3) or (5) does not imply that the instrument is, or must be, of legislative character (within the ordinary meaning of that term). (2) The fact that an instrument is not a legislative instrument because of subsection 8(6) does not imply that the instrument is not, or must not be, of legislative character (within the ordinary meaning of that term). No inference for other instruments (3) In determining whether an instrument made under a provision of a primary law is a legislative instrument under subsection 8(4), no inference may be drawn from the fact that an instrument made under another provision of that primary law, or any other primary law, is a legislative instrument, or is not a legislative instrument. Example: In determining whether a Ministerial direction under a provision of a primary law is a legislative instrument, no inference may be drawn from the fact that a Ministerial direction under another provision of the primary law is described as a legislative instrument. 10 Instruments declared to be legislative instruments (1) For the purposes of subsection 8(5), each of the following is a legislative instrument: (a) a regulation or Proclamation (other than a Proclamation that is a commencement instrument) made under a power delegated by the Parliament; (b) a Territory Ordinance covered by subsection (2), or a regulation, rule or by‑law under such an Ordinance; (c) an instrument prescribed by regulation for the purposes of this paragraph; (d) an instrument that includes a provision that amends or repeals another legislative instrument. Note: Commencement instruments, which may be Proclamations, are notifiable instruments: see section 11. (2) The following Territory Ordinances are covered by this subsection: (a) an Ordinance made under a power delegated by the Parliament in an Act providing for the government of a non‑self‑governing Territory; (b) an Ordinance made under subsection 12(1) of the Seat of Government (Administration) Act 1910 that has not become an enactment (as defined in the Australian Capital Territory (Self‑Government) Act 1988); (c) an Ordinance made under section 27 of the Norfolk Island Act 1979. 11 Definition of notifiable instrument What is a notifiable instrument? (1) If a primary law gives power to do something by notifiable instrument, then: (a) if the thing is done, it must be done by instrument; and (b) that instrument is a notifiable instrument. Example 1: A primary law provides that "The Minister may, by notifiable instrument, approve a form for the purposes of this section.". Example 2: A primary law provides as follows: "(1) The Chief Executive may, by instrument, appoint an inspector for the purposes of section [X]. (2) The Chief Executive may, by instrument, approve a form for the purposes of section [Y]. (3) An instrument made by the Chief Executive under subsection (1) or (2) is a notifiable instrument.". (2) Each of the following is a notifiable instrument: (a) a commencement instrument for an Act, legislative instrument or notifiable instrument, or for a provision of an Act or such an instrument; (b) an instrument, other than a legislative instrument, prescribed by regulation for the purposes of this paragraph; (c) an instrument, other than a legislative instrument, that is registered as a notifiable instrument, if the instrument is made under a power delegated by the Parliament or another power given by law; (d) an instrument, other than a legislative instrument, that includes a provision that amends or repeals another notifiable instrument. Note: The effect of paragraph (c) is that an instrument (other than a legislative instrument) may be a notifiable instrument because it is registered as a notifiable instrument, even if it would not otherwise be a notifiable instrument because of this section. For a corresponding provision relating to legislative instruments, see subsection 8(3). Modification of the operation of this Act (3) The enabling legislation for a notifiable instrument, or a regulation under this Act in relation to a notifiable instrument, may modify the operation of this Act in relation to the instrument. Example: Such a regulation may provide that a provision of this Act about explanatory statements that is expressed to apply in relation to legislative instruments is also to apply to a particular class of notifiable instruments. Registration to satisfy other publication or notification requirements (4) If an Act or an instrument requires an instrument (other than a legislative instrument), or the particulars of the instrument's making, to be published or notified in the Gazette or in any other way, then, unless the contrary intention appears, the requirement is taken to be satisfied if the instrument is registered as a notifiable instrument. 12 Commencement of legislative instruments and notifiable instruments When do legislative instruments and notifiable instruments commence? (1) A legislative instrument or a notifiable instrument commences: (a) at the start of the day after the day the instrument is registered; or (b) so far as the instrument provides otherwise—in accordance with such provision. Note: The instrument may provide for its commencement by enabling a commencement instrument to be made: see subsection (5). Retrospective application (2) A provision of a legislative instrument or notifiable instrument does not apply in relation to a person (other than the Commonwealth or an authority of the Commonwealth) if the provision commences before the day the instrument is registered, to the extent that as a result: (a) the person's rights as at that day would be affected so as to disadvantage the person; or (b) liabilities would be imposed on the person in respect of anything done or omitted to be done before that day. (3) However, subject to subsection (2), a legislative instrument or notifiable instrument may provide that a provision of the instrument commences before the day the instrument is registered. (4) The effect of subsection (2) or (3) in relation to an instrument is subject to any contrary provision in an Act. Commencement instruments (5) Without limiting paragraph (1)(b), for the purposes of that paragraph, a legislative instrument or notifiable instrument may authorise the making of a commencement instrument in relation to the legislative instrument or notifiable instrument. 13 Subsection 13(1) Omit "rule‑maker the power to make a legislative instrument", substitute "person the power to make a legislative instrument or notifiable instrument". 14 Paragraphs 13(1)(a), (b) and (c) Omit "legislative" (wherever occurring). 15 Paragraph 13(1)(c) Omit "rule‑maker", substitute "person to make the instrument". 16 Subsection 13(2) Omit "any legislative instrument would, but for this subsection, be construed as being in excess of the rule‑maker's power", substitute "the making of a legislative instrument or notifiable instrument would, apart from this subsection, be construed as being in excess of the power to make the instrument". 17 Subsection 13(3) Omit "rule‑maker the power to make a legislative instrument", substitute "person the power to make a legislative instrument or notifiable instrument". 18 Subsection 13(3) Omit "rule‑maker may identify", substitute "person may identify". 19 After subsection 13(4) (before the note) Insert: (5) The amendment of a legislative instrument or notifiable instrument by an Act does not prevent the instrument, as so amended, from being amended or repealed by a person who is currently authorised under the enabling legislation for the instrument to make instruments of the same kind. 20 Section 13 (note) Omit "that are not legislative instruments", substitute "other than legislative instruments or notifiable instruments". 21 Subsection 14(1) Omit "in a legislative instrument, the legislative instrument", substitute "by a legislative instrument or notifiable instrument, the instrument". 22 Paragraph 14(1)(a) Repeal the paragraph, substitute: (a) by applying, adopting or incorporating, with or without modification, any of the following, as in force at a particular time or as in force from time to time: (i) the provisions of an Act; (ii) the provisions of a legislative instrument covered by subsection (3); or 23 Paragraph 14(1)(b) Omit "first‑mentioned legislative instrument takes effect", substitute "first‑mentioned instrument commences". 24 Subsection 14(2) After "legislative instrument", insert "or notifiable instrument". 25 After subsection 14(2) (before the note) Insert: (3) The following legislative instruments are covered by this subsection: (a) disallowable legislative instruments; (b) legislative instruments that were disallowable under the Acts Interpretation Act 1901 or any other Act at any time before 1 January 2005. Note: The substantive provisions of this Act commenced on 1 January 2005. Exception—forms (4) Despite subsections (1) to (3), a legislative instrument or notifiable instrument (the enabling instrument) may authorise or require a form (however described) to be used for the purposes of an Act, that instrument or another instrument if the enabling instrument provides that: (a) the form is a notifiable instrument; or (b) the form is required to be publicly available in another specified way. Part 2—Registration of Acts and instruments Legislative Instruments Act 2003 26 After Part 1 Insert: Chapter 2—Registration of Acts, legislative instruments and notifiable instruments Part 1—The Federal Register of Legislation Division 1—Simplified outline of this Part 15 Simplified outline of this Part The Federal Register of Legislation contains the following: • Acts, legislative instruments and notifiable instruments as made, and explanatory statements for legislative instruments; • compilations of Acts, legislative instruments and notifiable instruments; • other relevant documents and information. Rule‑makers for legislative instruments and notifiable instruments are responsible for lodging the instruments for registration (together with explanatory statements for legislative instruments). Legislative instruments are not enforceable unless registered. Responsible persons for Acts, and rule‑makers for legislative instruments or notifiable instruments, must notify the First Parliamentary Counsel of some events affecting the status of the Acts or instruments. Division 2—Federal Register of Legislation 15A Federal Register of Legislation—establishment and maintenance (1) The First Parliamentary Counsel must establish and maintain a register of Acts, legislative instruments and notifiable instruments, to be known as the Federal Register of Legislation. Note 1: The contents of the Federal Register of Legislation may be accessed on the approved website (see section 15C). Note 2: The Federal Register of Legislation in its initial form consists of the following: (a) the contents of the Federal Register of Legislative Instruments established under this Act, when this Act was known as the Legislative Instruments Act 2003; (b) the contents of the Acts database under the Acts Publication Act 1905 (which was repealed when this section commenced); (c) other legislative material published on the whole‑of‑government legislation website known as ComLaw. (2) The Register must contain the following: (a) Acts as made that are registered under this Part; (b) legislative instruments and notifiable instruments as made that are registered under this Part; (c) compilations, registered under this Part, of Acts, legislative instruments and notifiable instruments; (d) explanatory statements, registered under this Part, for legislative instruments; (e) other documents registered under this Part. (3) The Register may contain additional documents if the First Parliamentary Counsel considers that the documents are likely to be useful to users of the Register, including the following (without limitation): (a) Acts as made (other than Acts registered under this Part); (b) instruments as made (other than legislative instruments or notifiable instruments registered under this Part; (c) Gazette notices; (d) compilations of Acts or instruments (other than compilations registered under this Part); (e) documents that may be considered under section 15AB of the Acts Interpretation Act 1901 (and that section as applied by section 13 of this Act) in working out the meaning of an Act, legislative instrument or notifiable instrument, for example, an explanatory memorandum for an Act. (4) The First Parliamentary Counsel may include in the Register any information that he or she considers likely to be useful to users of the Register. (5) Without limiting subsection (1), the First Parliamentary Counsel may, subject to this Act and the rules, do anything he or she considers necessary or desirable to ensure that the Register is accurate and up‑to‑date, and contains material likely to be useful to users of the Register. 15B Federal Register of Legislation—complete record of registered laws The Federal Register of Legislation is, for all purposes, taken to be a complete and accurate record of all registered Acts, legislative instruments and notifiable instruments. Note: For authorised versions of Acts, legislative instruments, notifiable instruments and compilations, and judicial notice of authorised versions, see Part 3 of this Chapter. 15C Federal Register of Legislation—access to registered material on approved website The First Parliamentary Counsel must ensure that registered Acts, legislative instruments, notifiable instruments and compilations, and other registered documents, are available to the public on a website (an approved website) prescribed by the rules. 15D Federal Register of Legislation—correction of errors Registered Acts, instruments and compilations (1) If the First Parliamentary Counsel is satisfied that there is a mistake, omission or other error in the Federal Register of Legislation consisting of an error in the text of an Act, a legislative instrument or notifiable instrument, or of a compilation of an Act or such an instrument, as registered, the First Parliamentary Counsel must: (a) correct the error in the Register as soon as possible; and (b) include in the Register a statement that the correction has been made, and a brief outline of the correction in general terms. (2) The correction of the Register under subsection (1): (a) does not affect any right or privilege that was acquired, or that accrued, because of reliance on the registered text of the Act, instrument or compilation before the correction was made; and (b) does not impose or increase any obligation or liability that was incurred before the correction was made. Other errors in the Register (3) The First Parliamentary Counsel may correct any other mistake, omission or other error in the Register, subject to any requirements of the rules. Section does not apply to errors in text of Acts or instruments as enacted or made, or as amended (4) This section does not apply to the correction of an error: (a) for a registered Act or instrument—in the text of the Act or instrument as originally enacted or made; or (b) for a registered compilation of an Act, legislative instrument or notifiable instrument—in the text of the Act or instrument as amended (if at all) and in force. 15E Federal Register of Legislation—keeping the Register The rules may provide for, or in relation to, the following: (a) keeping the Federal Register of Legislation; (b) giving unique identifiers to registered Acts, legislative instruments, notifiable instruments and compilations, and other registered documents; (c) numbering for series of legislative instruments, notifiable instruments and other documents in the Register; (d) including additional documents in the Register and removing them from the Register; (e) including information in the Register, changing it and removing it from the Register. Division 3—Registration on Federal Register of Legislation 15F Registration of Acts The First Parliamentary Counsel must register an Act as soon as practicable after the Act is assented to. 15G Lodgement of legislative instruments and notifiable instruments, and other material Legislative instruments and notifiable instruments (1) The rule‑maker for a legislative instrument must lodge the instrument for registration as a legislative instrument as soon as practicable after the instrument is made. (2) The rule‑maker for a notifiable instrument must lodge the instrument for registration as a notifiable instrument as soon as practicable after the instrument is made. (3) The rule‑maker for an instrument made under a power delegated by the Parliament, other than a legislative instrument or notifiable instrument, may lodge the instrument for registration as a legislative instrument or notifiable instrument. Note: For instruments that become legislative instruments by registration, see subsection 8(3). For instruments that become notifiable instruments by registration, see paragraph 11(2)(c). Explanatory statements for legislative instruments (4) The rule‑maker for an instrument that is lodged for registration as a legislative instrument must: (a) lodge an initial explanatory statement for the instrument for registration as soon as practicable after the instrument is lodged for registration; and (b) lodge any supplementary explanatory statement or replacement explanatory statement for the instrument for registration as soon as practicable after it is prepared. Note: For explanatory statements and supplementary and replacement explanatory statements, see section 15J. Other documents (5) The rule‑maker for an instrument that is, or that is to be, registered as a legislative instrument or notifiable instrument may lodge a document that relates to the instrument for registration. 15H Registration of legislative instruments and notifiable instruments, and other documents (1) If an instrument is lodged for registration as a legislative instrument or notifiable instrument in accordance with section 15G and the rules, the First Parliamentary Counsel must register the instrument or document: (a) if the instrument is lodged for registration as a legislative instrument—as a legislative instrument; or (b) if the instrument is lodged for registration as a notifiable instrument—as a notifiable instrument. (2) If an instrument or document is lodged for registration otherwise than as a legislative instrument or notifiable instrument, in accordance with section 15G and the rules, the First Parliamentary Counsel must register the instrument or document accordingly. (3) However, the First Parliamentary Counsel must not register an instrument or document if: (a) for a document lodged for registration otherwise than as a legislative instrument or notifiable instrument—the First Parliamentary Counsel considers that: (i) the document is not likely to be useful to users of the Register; or (ii) it would otherwise be inappropriate to register the document; or (b) before the instrument or document is registered, the person lodging the instrument or document (or another person acting on behalf of the responsible person for the instrument, or for the instrument to which the document relates) withdraws the lodgement. (4) If the First Parliamentary Counsel does not register an instrument or document because of paragraph (3)(a), he or she must give written notice to the person lodging the instrument or document. 15J Explanatory statements Definition of explanatory statement (1) An explanatory statement for a legislative instrument is one of the following statements prepared for laying before each House of Parliament: (a) a statement (an initial explanatory statement) for the instrument that complies with subsection (2); (b) a statement (a replacement explanatory statement) for the instrument that: (i) replaces an explanatory statement for the instrument that has already been registered; and (ii) complies with subsection (2); (c) a statement (a supplementary explanatory statement) for the instrument that: (i) amends an initial explanatory statement or a replacement explanatory statement; and (ii) complies with subsection (3). Requirements for initial and replacement explanatory statements (2) An initial explanatory statement, or a replacement explanatory statement, for a legislative instrument must: (a) be approved by the rule‑maker; and (b) explain the purpose and operation of the instrument; and (c) if any documents are incorporated in the instrument by reference—contain a description of the incorporated documents and indicate how they may be obtained; and (d) if consultation was undertaken under section 17 before the instrument was made—contain a description of the nature of that consultation; and (e) if no such consultation was undertaken—explain why no such consultation was undertaken; and (f) if the instrument is a disallowable legislative instrument—contain a statement of compatibility prepared under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011; and (g) contain such other information as is prescribed by regulation. Requirements for supplementary explanatory statements (3) A supplementary explanatory statement for a legislative instrument must: (a) be approved by the rule‑maker; and (b) contain such other information as is prescribed by regulation. Single explanatory statements—one or more legislative instruments (4) A single explanatory statement may relate to one or more legislative instruments. 15K Registration—enforceability of legislative instruments (1) A legislative instrument is not enforceable by or against any person (including the Commonwealth) unless the instrument is registered as a legislative instrument. (2) A failure by the rule‑maker to lodge an explanatory statement in relation to a legislative instrument for registration as required by subsection 15G(4) does not affect the validity or enforceability of the instrument. 15L Events affecting the currency or accuracy of the Register (1) The responsible person for a registered Act, legislative instrument or notifiable instrument must give notice to the First Parliamentary Counsel of the occurrence of any of the following events in relation to the Act or instrument: (a) an event resulting in, or otherwise affecting, the commencement of the Act or instrument (or a provision of the Act or instrument); (b) a discretionary compilation event for the Act or instrument; (c) an event resulting in the Act or instrument (or a provision of the Act or instrument) being repealed, lapsing, expiring or otherwise ceasing to be in force; (d) an event resulting in the Act or instrument, or a provision of the Act or instrument, being (or being declared by a court or tribunal to be) invalid or unenforceable; (e) the responsible person's becoming aware of: (i) an error in the Register to which subsection 15D(1) (correction of registration errors) may apply; or (ii) any other error in the Register; (f) another event prescribed by the rules. Example: If a registered legislative instrument is expressed to commence when a particular treaty comes into force for Australia, paragraph (1)(a) would require the responsible person for the instrument to notify the First Parliamentary Counsel when the treaty comes into force. (2) However, subsection (1) does not require the responsible person to give notice to the First Parliamentary Counsel of any of the following events in relation to a registered Act or instrument: (a) the occurrence of a day or time specified in the Act or instrument, or the making of a commencement instrument, resulting in, or otherwise affecting, the commencement of the Act or instrument (or a provision of the Act or instrument); (b) a required compilation event for the Act or instrument; (c) for a disallowable legislative instrument—the disallowance of: (i) the instrument (or a provision of the instrument); or (ii) another legislative instrument (or a provision of another legislative instrument) that amends the instrument; (d) for a legislative instrument or notifiable instrument—the amendment or repeal of the instrument by: (i) the operation of Part 3 of Chapter 3 (repeal of spent instruments or provisions); or (ii) the operation of Part 4 of Chapter 3 (sunsetting of legislative instruments); (e) another event prescribed by the rules. 15M Rules for lodgement and registration The rules may provide for, or in relation to, any of the following: (a) the lodgement of instruments and documents for registration, including any or all of the following: (i) the form in which instruments and documents must or may be lodged; (ii) any other matters affecting how instruments and documents must or may be lodged; (iii) the information that must or may be provided with instruments and documents; (iv) the certification of instruments and documents; (v) other requirements to be satisfied for lodgement; (b) the identification of instruments and documents lodged for registration, including authorising the First Parliamentary Counsel to do any or all of the following: (i) adding a name to an unnamed instrument or document; (ii) amending the name of an instrument or document; (iii) adding anything to an instrument or document to assist in its identification; (iv) doing anything else in relation to an instrument or document to assist users of the Register to identify or refer to the instrument or document; (c) the withdrawal of lodgement of instruments or documents; (d) the registration of Acts, instruments and documents; (e) the refusal of registration of instruments and documents; (f) alternative arrangements for the registration of Acts, instruments and documents in the event of technical difficulties; (g) any other matter relating to the lodgement of instruments and documents; (h) any other matter relating to the registration of Acts, instruments and documents. Part 2—Compilations Division 1—Simplified outline of this Part 15N Simplified outline of this Part A compilation shows the text of an Act, legislative instrument or notifiable instrument as amended (if at all) and in force on the compilation date stated in the Act or instrument. The First Parliamentary Counsel must generally register a compilation after a registered Act or instrument is amended, and in some other circumstances. A rule‑maker for a legislative instrument or notifiable instrument must lodge a compilation for registration if the instrument is amended, or in some circumstances on notice from the First Parliamentary Counsel. The First Parliamentary Counsel may make editorial changes and some other changes in preparing a compilation of a registered Act or instrument, as long as they do not change the effect of the Act or instrument. Division 2—Registration of compilations 15P Registered compilations—information requirements (1) Without limiting the information that a registered compilation of an Act, legislative instrument or notifiable instrument (the principal law) may include, the registered compilation must include the following information: (a) the compilation date; (b) if any editorial changes are made in preparing the compilation—a statement that editorial changes have been made and a brief outline of the changes in general terms; (c) details (including commencement details) of any Act or instrument that amends the principal law; (d) the amendment history of provisions of the principal law; (e) any further information prescribed by the rules. (2) However, the information mentioned in any of paragraphs (1)(c) to (e) does not need to be included in the compilation if: (a) the First Parliamentary Counsel is satisfied that the information mentioned in that paragraph is otherwise appropriately available on an approved website to users of the Federal Register of Legislation; and (b) the compilation indicates in general terms how users of the Register may access that information on the approved website. 15Q Definitions of required compilation event and discretionary compilation event etc. Definitions (1) A required compilation event occurs for an Act, legislative instrument or notifiable instrument when: (a) the Act or instrument is expressly amended (otherwise than under section 48C or 48D); or (b) in the case of a disallowable legislative instrument: (i) a provision of the instrument is disallowed under section 42; or (ii) a provision of another disallowable legislative instrument has amended a provision of the instrument, but the amending instrument, or the amending provision, is disallowed under section 42; or (c) a provision of the Act or instrument is repealed, lapses, expires or otherwise ceases to be in force under another Act or instrument (other than this Act), or because of the making of another Act or instrument; or (d) something else happens that is prescribed by the rules for the purposes of this paragraph. (2) A discretionary compilation event occurs for an Act, legislative instrument or notifiable instrument when: (a) a provision of the Act or instrument commences; or (b) in the case of a legislative instrument or notifiable instrument—the instrument is amended by section 48C or 48D; or (c) the Act or instrument is modified; or (d) the Act or instrument is impliedly amended; or (e) a provision of the Act or instrument is repealed, lapses, expires or otherwise ceases to be in force under another provision of that Act or instrument; or (f) if no compilation has been registered for the Act or instrument—the text of the Act or instrument as registered otherwise ceases to show the text of the Act or instrument as in force; or (g) if a compilation has been registered for the Act or instrument—the text of the latest registered compilation otherwise ceases to show the text of the Act or instrument as amended (if at all) and in force; or (h) something else happens that is prescribed by the rules for the purposes of this paragraph. Note: Sections 48C and 48D provide for the automatic repeal of amending, repealing and commencement provisions of legislative instruments and notifiable instruments. When an Act or instrument is amended (3) For the purposes of this Division, an Act or instrument is amended by an Act or instrument, or a provision of an Act or instrument, when the amending Act or provision commences. 15R Lodgement of compilations of instruments—required compilation events Compilation required to be prepared and lodged (1) If a required compilation event occurs for a legislative instrument or notifiable instrument, the rule‑maker must prepare and lodge for registration a compilation of the instrument for registration. Compilation date (2) The compilation date for the compilation must be the date of the required compilation event. Time for lodgement (3) The rule‑maker must lodge for registration the compilation required by subsection (1) within 28 days after the event occurs, or a longer period allowed by the First Parliamentary Counsel. Exceptions (4) This section does not apply to legislative instruments or notifiable instruments, or in circumstances, prescribed by rules made for the purposes of this subsection. Example: A circumstance prescribed by the rules may be if the First Parliamentary Counsel prepares and registers a compilation of a legislative instrument or notifiable instrument. 15S Lodgement of compilations of instruments—discretionary compilation events Compilation required to be prepared and lodged if notice given (1) If a discretionary compilation event occurs for a legislative instrument or notifiable instrument, the First Parliamentary Counsel may, by written notice given to the rule‑maker, require the rule‑maker, within a period stated in the notice, to prepare and lodge for registration a compilation of the instrument for registration. Compilation date (2) The compilation date for the compilation must be the date of the discretionary compilation event. Time for lodgement (3) If a notice is given under subsection (1) to a rule‑maker for an instrument, the rule‑maker must lodge for registration a compilation of the instrument within the period stated in the notice, or a longer period allowed by the First Parliamentary Counsel. 15T Registration of compilations Required compilation events for Acts (1) If a required compilation event occurs for an Act, the First Parliamentary Counsel must prepare and register a compilation of the Act as soon as practicable afterwards. Required compilation events for instruments (2) If a required compilation event occurs for a legislative instrument or notifiable instrument, the First Parliamentary Counsel must register a compilation of the instrument: (a) if a compilation is lodged for registration within 28 days after the event, or within a longer period allowed by the First Parliamentary Counsel—as soon as practicable after lodgement; or (b) if a compilation is not lodged for registration within that period—as soon as practicable after the end of the period. (3) However, if a required compilation event occurs for a legislative instrument or notifiable instrument, and section 15R does not apply because of subsection 15R(4), the First Parliamentary Counsel must prepare and register a compilation of the instrument as soon as practicable afterwards. Discretionary compilation events for Acts and instruments (4) If a discretionary compilation event occurs for an Act or a legislative instrument or notifiable instrument, the First Parliamentary Counsel may prepare and register a compilation of the Act or instrument. (5) If a discretionary compilation event occurs for a legislative instrument or notifiable instrument, and the First Parliamentary Counsel gives the rule‑maker for the instrument a notice under section 15S, the First Parliamentary Counsel must register a compilation of the instrument: (a) if a compilation is lodged for registration within the period stated in the notice, or within a longer period allowed by the First Parliamentary Counsel—as soon as practicable after lodgement; or (b) if a compilation is not lodged for registration within that period—as soon as practicable after the end of the period. No required or discretionary compilation event for Act or instrument (6) The First Parliamentary Counsel may prepare and register a compilation of an Act, legislative instrument or notifiable instrument even if neither a required compilation event nor a discretionary compilation event has occurred for the Act or instrument. Repeal, disallowance, lapse or expiry of Act or instrument (7) The First Parliamentary Counsel must ensure that a registered compilation of an Act, legislative instrument or notifiable instrument is no longer shown on the Register as a compilation currently in force as soon as practicable after: (a) the Act or instrument is repealed, expires, lapses or otherwise ceases to be in force; or (b) for a disallowable legislative instrument—the instrument is disallowed under section 42. 15U Compilations—rules General (1) The rules may provide for, or in relation to, any of the following in relation to compilations of Acts, legislative instruments or notifiable instruments: (a) the format, layout and printing style required for compilations, and any other presentational aspects of compilations; (b) the extent and form of the information mentioned in subsection 15P(1) or (2) that is required to be included in compilations, or made available on an approved website; (c) any other matter relating to the preparation of compilations; (d) the lodgement of compilations of instruments for registration, including any of the following: (i) the form in which compilations must or may be lodged; (ii) how compilations must or may be lodged; (iii) the information that must or may be provided with or for compilations; (iv) the certification of compilations; (v) other requirements to be satisfied for compilations; (e) the withdrawal of lodgement of compilations of instruments; (f) the registration of compilations of Acts and instruments; (g) the refusal of registration of compilations of instruments; (h) alternative arrangements for the registration of compilations of Acts, and for the lodgement and registration of compilations of instruments, in the event of technical difficulties; (i) any other matter relating to the lodgement or registration of compilations of Acts or instruments. Compilations reflecting retrospective amendments (2) If an amendment of an Act, a legislative instrument or a notifiable instrument commences retrospectively, in addition to any other requirement or power under this Division in relation to the lodgement or registration of a compilation of the Act or instrument as a result of that amendment, the rules may provide for: (a) in the case of the amendment of an Act—the registration of compilations of the Act with different specified compilation dates; and (b) in the case of the amendment of an instrument—the lodgement and registration of compilations of the instrument with different specified compilation dates. Note 1: In this situation, this Division may require the lodgement or registration of a compilation of an Act or instrument with a compilation date that is the date of retrospective commencement of the amendments. Note 2: Rules under subsection (2) may also require or permit the lodgement or registration of an additional compilation or compilations (with different compilation dates) reflecting the retrospective effect of the amendments. Division 3—Editorial changes and other changes 15V Power to make editorial changes and other changes Editorial changes (1) In preparing a compilation of an Act, legislative instrument or notifiable instrument for registration (including a compilation that has been lodged for registration), the First Parliamentary Counsel may make editorial changes to any text that is part of the Act or instrument. Note 1: For what is an editorial change, see section 15X. Note 2: For what text forms part of the Act or instrument, see section 13 of the Acts Interpretation Act 1901 (which applies in relation to instruments under section 13 of this Act). (2) The First Parliamentary Counsel may make an editorial change to an Act or instrument under subsection (1) only if he or she considers the change to be desirable to: (a) bring the Act or instrument into line, or more closely into line, with legislative drafting practice being used by the Office of Parliamentary Counsel; or (b) correct an error, or ensure that a misdescribed amendment of the Act or instrument is given effect to as intended. Presentational changes (3) In preparing a compilation of an Act, legislative instrument or notifiable instrument for registration (including a compilation that has been lodged for registration), the First Parliamentary Counsel may make changes to the Act or instrument that affect the format, layout or printing style of the Act or instrument, or any other presentational aspect of the Act or instrument. (4) The First Parliamentary Counsel may make a change to an Act or instrument under subsection (3) only if he or she considers the change to be desirable to bring the Act or instrument into line, or more closely into line, with legislative drafting practice being used by the Office of Parliamentary Counsel. Text not part of an Act or instrument (5) In preparing a compilation of an Act, legislative instrument or notifiable instrument (including a compilation that has been lodged for registration), the First Parliamentary Counsel may include, omit or change any text that is not part of