Acts and Instruments (Framework Reform) Act 2015 (10 of 2015)

Schedule 1   Acts, legislative instruments and notifiable instruments

Part 3   Legislative instruments and notifiable instruments generally

Legislative Instruments Act 2003

76   Sections 55 and 56

Repeal the sections, substitute:

55 Simplified outline of this Chapter

This Chapter deals with miscellaneous matters, such as the following:

• publication requirements for legislative instruments other than publication by registration;

• parliamentary scrutiny requirements for instruments other than legislative instruments or notifiable instruments, other than scrutiny under this Act;

• delegation powers of the First Parliamentary Counsel;

• a review of Part 4 of Chapter 3 (sunsetting of legislative instruments) in 2017;

• the First Parliamentary Counsel’s power to make rules for this Act (rules are legislative instruments);

• the power to make regulations under this Act, including a regulation that amends any legislative instrument or notifiable instrument with the agreement of the rule-maker for the instrument.

56 Legislative instruments - gazettal and other publication and notification requirements

Gazettal requirements satisfied by registration

(1) If a primary law requires a legislative instrument made under that law or other enabling legislation, or particulars of the making of the instrument, to be published or notified in the Gazette, the requirement is taken to be satisfied if the instrument is registered as a legislative instrument.

Other publication or notification requirements in addition to registration

(2) Subsection (3) applies if a primary law as enacted or made, or as amended, on or after 1 January 2005 requires a legislative instrument made under that law or other enabling legislation, or particulars of the making of the instrument, to be published or notified otherwise than in the Gazette.

Note: The substantive provisions of this Act commenced on 1 January 2005.

(3) The requirement for publication or notification is taken to be in addition to a requirement under this Act for the legislative instrument to be registered as a legislative instrument.