Explanatory Memorandum
(Circulated by authority of the Attorney-General, the Honourable Christian Porter MP)Notes on clauses
Preliminary
Clause 1 - Short title
34. This clause provides for the short title of the Act to be the Legislation Amendment (Sunsetting Review and Other Measures) Act 2018.
Clause 2 - Commencement
35. This clause provides for the commencement of each provision in the Act, as set out in the table.
36. Item 1 in the table provides that sections 1 to 3, which concern the formal aspects of the Act, as well as anything in the Act not elsewhere covered by the table, will commence on the day on which the Act receives Royal Assent.
37. Item 2 in the table provides that Schedule 1 will commence on the day after the Act receives Royal Assent.
38. Item 3 in the table provides that Division 1 of Part 1 of Schedule 2 will commence on the day after the Act receives Royal Assent.
39. Item 4 in the table provides that Division 2 of Part 1 of Schedule 2 will commence on a single day to be fixed by Proclamation, or on the day after the end of 6 months beginning on the day the Act receives Royal Assent, whichever occurs earlier. This is to allow sufficient time for administrative and system changes to be made before the amendments take effect.
40. Item 5 in the table provides that Part 2 of Schedule 2 will commence on the day after the Act receives Royal Assent.
41. Item 6 in the table provides that Part 3 of Schedule 2 will commence on the day after the Act receives Royal Assent, unless Schedule 1 to the National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018 (the Espionage and Foreign Interference Act) commences on or before that time. This is because item 4 of Schedule 1 to the Espionage and Foreign Interference Act repeals the provision of the Criminal Code Act 1995 amended by Part 3 of Schedule 2.
Clause 3 - Schedules
42. Clause 3 provides that legislation specified in a Schedule to the Act is amended or repealed as set out in the applicable items in the Schedule and any other item in a Schedule has effect according to its terms. This is a technical provision to give operational effect to the amendments contained in the Schedules.