Legislation Act 2003

en-AU · official · sha256:3d2b35284e6fe3d0e28648682ef7ca2cecda450dfd705344a1d673743475469fEN-AU

Compilation date: 24 February 2019

en-AU · official · sha256:f7066a838f739b1795f9feca8943d39e2109df9ff650b036b600701d8f649d3aEN-AU

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 commencement (1A) Despite any principle or rule of common law, a legislative instrument or notifiable instrument may provide that the instrument, or a provision of the instrument, commences before the instrument is registered. Note: The effect of this subsection is to allow legislative and notifiable instruments to commence retrospectively (subject to subsection (2)). This subsection is subject to a contrary provision (see subsection (4)). Retrospective application (2) However, if a legislative instrument or notifiable instrument, or a provision of such an instrument, commences before the instrument is registered, the instrument or provision does not apply in relation to a person (other than the Commonwealth or an authority of the Commonwealth) to the extent that as a result of that commencement: (a) the person’s rights as at the time the instrument is registered 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 the instrument is registered. Retrospective commencement or application subject to contrary provision (4) The effect of subsection (1A) or (2) 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.

Ссылаются нормы: HasStatedCommencement, InstrumentCommencesAsItProvides, InstrumentCommencesDayAfterRegistration

en-AU · official · sha256:1fc74936d3c65ae4731896397c4b2ff4c0bbf3571f923b6387eb69e8851f5b4aEN-AU

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.

en-AU · official · sha256:6958e361861feec5393459e5c356c0a03099df3b140c244fb2e75230f6982974EN-AU

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 rulemaker 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.

Ссылаются нормы: UnregisteredLegislativeInstrumentNotEnforceable

en-AU · official · sha256:2de6ea69cb4555cd2688382a56d0de259d6a371444b6239c6124e1c2fe5b9095EN-AU

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 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 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 (subject to subsection (4)) amended by an Act or instrument, or a provision of an Act or instrument, when the amending Act or provision commences. (4) Despite any other provision of this Act, a compilation of an Act or instrument is not required to be prepared or lodged for registration to take account of a retrospective commencement of an amendment of the Act or instrument. However, such a compilation of an Act or instrument may be prepared and lodged for registration.

en-AU · official · sha256:c9a8eac6669749ea2bb1c8fe7e58dec2eaa3b1c04c883863e73ace63f52a3c37EN-AU

15ZA Authorised versions Authorised electronic versions (1) An electronic copy of a registered law or explanatory statement is an authorised version of the registered law or explanatory statement if: (a) the electronic copy is accessed at, or downloaded from, an approved website in a format prescribed by the rules; and (b) either: (i) the website indicates, in a way prescribed by the rules, that such a copy is an authorised version; or (ii) the electronic copy indicates, in a way prescribed by the rules, that it is an authorised version. Example: For paragraph (a), a locked pdf file may be a format prescribed by the rules. (2) An electronic copy of a registered law or explanatory statement is an authorised version of the registered law or explanatory statement if: (a) it is in a format prescribed by the rules; and (b) the electronic copy indicates, in a way prescribed by the rules, that it is an authorised version. Example: For paragraph (a), a locked pdf file may be a format prescribed by the rules. Authorised printed versions (3) A printed copy of a registered law or explanatory statement is an authorised version of the registered law or explanatory statement if the copy indicates, in a way prescribed by the rules, that it is an authorised version. (4) A printed copy of a registered law or explanatory statement is an authorised version of the registered law or explanatory statement if the copy is produced directly from another version of the registered law or explanatory statement that is an authorised version under subsection (1), (2) or (3), or this subsection. Presumptions about an approved website and registered laws or explanatory statements (5) It is presumed, unless the contrary is proved, that: (a) a website purporting to be an approved website is an approved website; and (b) if accessed at a website mentioned in paragraph (a), an Act, a legislative instrument, a notifiable instrument, an explanatory statement for a legislative instrument or a compilation of an Act or a legislative instrument or notifiable instrument is registered; and (c) an electronic copy of a registered law or explanatory statement accessed at, or downloaded from, an approved website is an authorised version under subsection (1), if: (i) the website indicates (in any way) that such a copy is an authorised version; or (ii) the copy indicates (in any way) that the copy is an authorised version; and (d) an electronic copy of a registered law or explanatory statement is an authorised version under subsection (2) if the copy indicates (in any way) that it is an authorised version; and (e) a printed copy of a registered law or explanatory statement is an authorised version under subsection (3) or (4) if the copy indicates (in any way) that it is an authorised version; and (f) an authorised version of a registered Act, legislative instrument or notifiable instrument, as made, correctly shows the text of the Act or instrument as made; and (g) an authorised version of a registered explanatory statement for a legislative instrument correctly shows the text of the statement as approved by the rulemaker (under subsection 15J(2) or (3)); and (h) subject to subsection 15Q(4), an authorised version of a registered compilation of an Act, legislative instrument or notifiable instrument correctly shows the text of the Act or instrument as amended (if at all) and in force on the compilation date. Forms of indication (6) A way of indicating that is prescribed by rules made for the purposes of subsection (1), (2) or (3), or an indication mentioned in paragraph (5)(c), (d) or (e), may include an indication consisting of any text, including one or more of the following: (a) a logo; (b) a form of words; (c) a unique identifier, for a registered law or explanatory statement, prescribed by the rules.

Ссылаются нормы: CompilationShowsLawInForce, ContraryProvedOverElectronicIndication, ContraryProvedOverPrintedIndication, ContraryProvedOverWebsiteIndication, ContraryProvedRebutsPresumption, ElectronicCopyInPrescribedFormat, ElectronicCopyIndicatedByItself, ElectronicCopyIndicatedByWebsite, PresumedAuthorisedByWebsiteIndication, PresumedAuthorisedElectronicCopy, PresumedAuthorisedPrintedCopy, PrintedCopyIndicated, RetrospectiveAmendmentOverCompilationPresumption, UncompiledRetrospectiveAmendmentLimitsPresumption

en-AU · official · sha256:0eda680839a34f2ee2d2f21bd343da7c178cc47c7f706cd5277c693c91c99dc6EN-AU

15ZB Judicial notice (1) In proceedings in a court or tribunal, proof is not required about any of the following: (a) the assent, and the day of assent, of an Act; (b) the making, and the day of making, of a registered legislative instrument or notifiable instrument; (c) the text of a registered law or explanatory statement; (d) the registration, and day of registration, of a registered law or explanatory statement; (e) the commencement of a registered Act, legislative instrument or notifiable instrument, or any provision of a registered Act, legislative instrument or notifiable instrument; (f) editorial changes made to an Act, legislative instrument or notifiable instrument in preparing a registered compilation of the Act or instrument; (g) the text and compilation date of a registered compilation of an Act, legislative instrument or notifiable instrument; (h) whether a copy of a registered law or explanatory statement is an authorised version of the registered law or explanatory statement. (2) A court or tribunal may inform itself of anything mentioned in subsection (1) in any way it considers appropriate. (3) However, the court or tribunal must consider whether the source it intends to use appears to be a reliable source of information. (4) For the purposes of subsection (3), an authorised version of a registered law or explanatory statement is, subject to subsection 15Q(4), a reliable source of information. (5) This section does not limit any other law providing how a court or tribunal may be informed about a matter mentioned in subsection (1).

Ссылаются нормы: AuthorisedVersionIsReliableSource

en-AU · official · sha256:e818f4c4e125f4ee47a04a431c79b5b2caf9334f0b774dd5cbf2335a967b7cfdEN-AU

2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1, 2 and 2A and anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent 17 December 2003 2. Sections 3 to 62 A single day fixed by Proclamation, subject to subsections (3) and (4) 1 January 2005 3. Schedule 1 Immediately after the commencement of Schedule 1 to the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 1 January 2005 Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent. (2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act. (3) The date fixed by Proclamation for the purposes of item 2 of the table must be a first day of January or a first day of July occurring after the day on which this Act receives the Royal Assent. (4) If the provisions covered by item 2 of the table do not commence under subsection (1) within the period of 12 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day of January or of July, whichever next follows the end of that period.