House of Representatives

Explanatory Memorandum

(Circulated by authority of the Attorney-General, Senator the Honourable George Brandis QC)

General outline

1. The Bill makes amendments to Commonwealth legislation consequential to the Acts and Instruments (Framework Reform) Act 2015.

2. The Act received Royal Assent on 5 March 2015 and will commence on 5 March 2016 or earlier by Proclamation. Once the Acts and Instruments (Framework Reform) Act commences, it will amend the Legislative Instruments Act 2003 to improve the usability and efficiency of the legislative instruments framework as well as bring the registration and publication of Commonwealth Acts into that framework. It will also amend the Acts Interpretation Act 1901 to clarify provisions relating to references to ministers, departments and other government authorities, and to broaden and strengthen existing provisions relating to machinery of government changes.

3. This Bill assists in implementing these reforms by amending various Acts to:

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update references to the Legislative Instruments Act to refer to the Legislation Act 2003 (as it will be renamed by the Acts and Instruments (Framework Reform) Act)

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update references to parts of the Legislative Instruments Act to refer to the corresponding parts of the Legislation Act

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update provisions which deal with the application of the Legislative Instruments Act to reflect amendments to that Act. For example, it updates the drafting of provisions dealing with the application of section 12 of the Legislative Instruments Act, relating to retrospective operation of legislative instruments, to reflect amendments to that section in the Legislation Act. These amendments do not change the legal effect of the provisions, and

•

update references to the Federal Register of Legislative Instruments to refer to the Federal Register of Legislation, as it will be renamed by the Acts and Instruments (Framework Reform) Act.

4. The Bill removes references to certain sunsetting (automatic ceasing) and disallowance exemptions for legislative instruments from a range of enabling Acts. Some of these exemptions are covered by provisions of the Legislative Instruments Act, and their legal effect will be preserved in the Legislation Act. Other exemptions will be added to the Legislative Instruments Regulation 2004 (the Regulations) prior to commencement of the Acts and Instruments (Framework Reform) Act, where this is necessary to preserve their legal effect. These amendments will not alter the disallowance and sunsetting requirements that apply to instruments made under the enabling Acts.

5. Minor amendments are also made to the Legislation Act and the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act) to clarify the application of their requirements to forms. These amendments clarify that section 14 of the Legislation Act (incorporation of material into instruments by reference) does not apply to forms, regardless of whether those forms are themselves subject to publication requirements.

6. The Bill also makes amendments to the definition of legislative instrument in the Legislation Act (or in the alternative, the Legislative Instruments Act, depending on the time at which Schedule 2 of the Bill commences) to clarify the status of court rules of states and territories. These amendments put beyond doubt that court rules of states and territories are not legislative instruments for the purposes of the Legislation Act.

7. The Bill also makes minor amendments to the Family Law Act 1975. These amendments make clear that certain provisions of the Family Law Act which set out how the Legislative Instruments Act applies to rules of the Family Court apply to those rules whether they are made under the Family Law Act or another Act. This removes an inconsistency between the Family Law Act and other enabling legislation for federal courts.

8. The Bill also makes other minor consequential amendments to Commonwealth Acts, repeals several spent provisions, and makes minor technical corrections to the Legislation Act.

FINANCIAL IMPACT

9. This Bill will have a nil or insignificant financial impact on government departments and agencies. The amendments in Schedule 1 to this Bill make minor technical amendments to various Acts which are consequential on the amendments made by the Acts and Instruments (Framework Reform) Act. They facilitate the implementation of the reforms made by the Acts and Instruments (Framework Reform) Act. These amendments are expected to have nil or insignificant financial impact as they generally do not alter the effect of the law.

10. Schedule 2 makes amendments relating to rules of courts which will not have any financial impact.

11. Schedule 3 makes amendments to provisions of Acts relating to the incorporation of administrative forms into instruments. These amendments will not have any financial impact.

Statement of compatibility with human rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Acts and Instruments (Framework Reform) (Consequential Provisions) Bill 2015

12. This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

13. An overview of measures in the Bill and their human rights implications is below.

Overview of the Bill

14. Schedule 1 of this Bill makes technical amendments to various Acts which are consequential on the amendments made by the Acts and Instruments (Framework Reform) Act. The Acts and Instruments (Framework Reform) Act will amend the Legislative Instruments Act to improve the usability and efficiency of the legislative instruments framework as well as bring the registration and publication of Commonwealth Acts into that framework. This Bill makes a series of largely technical amendments to support the Acts and Instruments (Framework Reform) Act. These amendments relate to matters such as updating references to the Legislative Instruments Act to refer to the Legislation Act, as the Legislative Instruments Act will be renamed. These amendments include the repeal of several spent provisions. The amendments in Schedule 1 do not generally alter the effect of the law.

15. Schedule 1 also updates the drafting of provisions which deal with the application of the Legislative Instruments Act to reflect amendments to that Act. For example, it updates provisions dealing with section 12 of the Legislative Instruments Act, which deals with when legislative instruments take effect, to reflect amendments to that section in the Legislation Act. These are generally technical drafting amendments and do not generally affect whether or not instruments made under the amended provisions are able to operate retrospectively.

16. Schedule 2 makes amendments to the Legislation Act (or in the alternative, the Legislative Instruments Act, depending on the time at which the Schedule commences) which make clear that rules of court are not legislative instruments. Schedule 2 includes an application provision which makes clear that the amendments do not affect the rights or liabilities of parties to proceedings commenced in a court prior to the commencement of the amendments.

17. Schedule 2 also makes amendments to the Family Law Act. These amendments make clear that certain provisions of the Family Law Act which set out how the Legislative Instruments Act applies to rules of the Family Court apply to those rules whether they are made under the Family Law Act or another Act. This removes an inconsistency between the Family Law Act and other enabling legislation for federal courts.

18. Schedule 3 makes amendments to provisions of the Legislation Act and Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act) which modify the way in which those provisions apply to the incorporation of forms into instruments. Consequential to these changes, Schedule 3 also repeals unnecessary application provisions of the Acts and Instruments (Framework Reform) Act. Schedule 3 also makes minor technical corrections to the Legislation Act.

Human rights implications

19. This Bill does not engage any of the applicable rights or freedoms.

Conclusion

20. This Bill is compatible with human rights as it does not raise any human rights issues.

Acronyms and abbeviations

Notes on clauses

Preliminary

Clause 1 - Short title

1. Clause 1 provides that this Act may be cited as the Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015.

Clause 2 - Commencement

2. Clause 2 provides for the commencement of the Act, as set out in the table.

3. Subclause 2(1) provides that 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.

4. The first item of the table provides that sections 1 to 3 and anything in the Act not covered elsewhere by the table commence on the day this Act receives the Royal Assent.

5. The second item of the table provides that Schedule 1, Part 1 (main consequential amendments) commences on the later of the day after the Act receives Royal Assent or the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act. That Schedule contains the major reforms to the legislative instruments framework.

6. The third item of the table provides that Schedule 1, Part 2 (contingent consequential amendments) commences on the later of the commencement of Schedule 1, Part 1 or immediately after the commencement of Schedule 4 to the Intellectual Property Laws Amendment Act 2015. However, those provisions will not commence at all if that Act does not commence. This is because the amendments are only required if that Act commences.

7. The fourth item of the table provides that Schedule 2, Part 1 (amendments to the Family Law Act relating to court rules) commences on a day to be fixed by Proclamation. If this does not occur within six months of the date on which the Act receives Royal Assent, the provisions will commence on the day after the end of that period.

8. The fifth item in the table provides that Schedule 2, Part 2 (amendments to the Legislative Instruments Act relating to court rules) commences at the same time as the provisions covered by table item 4. However, these provisions do not commence at all if that commencement is at the same time or after the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act. This is because the Legislative Instruments Act will be renamed the Legislation Act when the Acts and Instruments (Framework Reform) Act commences.

9. The sixth item in the table provides that Schedule 2, Part 3 (amendments to the Legislation Act relating to court rules) commences on the later of the commencement of the provisions covered by table item 4 and the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act.

10. The seventh item in the table provides that Schedule 2, Part 4 (application of the amendments relating to court rules) commences at the same time as the provisions covered by table item 4.

11. The eighth item in the table provides that Schedule 3 (amendments relating to forms) commences on the later of the day after the Act receives Royal Assent and the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act.

12. Subclause 2(2) provides that any information in column 3 of the table is not part of the Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

Clause 3 - Schedules

13. Clause 3 provides that legislation specified in a Schedule to this Act is amended or repealed by items in the Schedule concerned. Any other item in a Schedule to this Act has effect according to its terms.

Schedule 1 - Consequential amendments

GENERAL OUTLINE

14. Schedule 1 amends various Acts to address technical and drafting matters. It updates references to the Legislative Instruments Act to refer to the Legislation Act (as it will be renamed by the Acts and Instruments (Framework Reform) Act). It also updates references to parts of the Legislative Instruments Act to refer to the corresponding parts of the Legislation Act.

15. Schedule 1 also updates provisions which deal with the application of the Legislative Instruments Act to reflect amendments to that Act. For example, it updates the drafting of provisions dealing with the application of section 12 of the Legislative Instruments Act, relating to retrospective operation of legislative instruments, to reflect amendments to that section in the Legislation Act. These amendments do not change the legal effect of the provisions.

16. Schedule 1 also updates references to the Federal Register of Legislative Instruments to refer to the Federal Register of Legislation, as it will be renamed by the Acts and Instruments (Framework Reform) Act.

17. Schedule 1 also makes amendments to instrument-making powers in a range of Acts to remove references to certain sunsetting and disallowance exemptions. These amendments are related to amendments made by the Acts and Instruments (Framework Reform) Act. Currently, exemptions from sunsetting and disallowance appear in several places. Some are provided under general exemptions in sections 44 and 54 of the Legislative Instruments Act. Other are included in tables in sections 44 and 54 of the Legislative Instruments Act. Further exemptions are listed in the Regulations. For some exemptions, the source of the exemption is the provision in the enabling Act giving power to make the relevant instrument.

18. The multiple locations for exemptions may be confusing for users. Under the new framework, some content from the Legislative Instruments Act will be moved to the amended Regulations. The Acts and Instruments (Framework Reform) Act removes the exemption tables from the Legislative Instruments Act. The exemptions will be consolidated in the amended Regulations. This change was recommended in the 2008 Review of the Legislative Instruments Act and will make it easier for users to access information on exemptions.

19. Related to these changes, Schedule 1 removes references to certain sunsetting and disallowance exemptions from enabling Acts and replaces them with notes referring to the source of the exemption, which will be either the Legislation Act or Regulations made under that Act. For exemptions which are covered by general exemptions in provisions of the Legislative Instruments Act, their legal effect will be preserved in the Legislation Act. For exemptions which are currently provided in tables in sections of the Legislative Instruments Act, the notes refer the reader to the Regulations where the exemptions will be consolidated. Where the exemptions already appear in the Regulations, the notes refer the reader to those Regulations. Where the source of the exemption is actually the enabling Act, the exemptions will be added to the Regulations prior to commencement of the Acts and Instruments (Framework Reform) Act. Their legal effect will therefore be preserved. Accordingly, the amendments in Schedule 1 will not alter the disallowance and sunsetting requirements that apply to instruments made under the amended enabling Acts.

20. Schedule 1 also makes other minor consequential amendments and repeals several spent provisions.

PART 1 - MAIN AMENDMENTS

Aboriginal and Torres Strait Islander Act 2005

Item 1 - Subsections 4(3), 142AA(1A), 151(4), 181A(8) and 191D(1B)

21. Item 1 amends subsections 4(3), 142AA(1A), 151(4), 181A(8) and 191D(1B) of the Aboriginal and Torres Strait Islander Act 2005 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act 1901 (as amended by the Acts and Instruments (Framework Reform) Act).

Item 2 - Clause 28 of Schedule 4 (note)

22. Item 2 amends the note to clause 28 of Schedule 4 to the Aboriginal and Torres Strait Islander Act to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Aboriginal and Torres Strait Islander Heritage Protection Act 1984

Item 3 - Paragraph 14(1)(b)

23. Item 3 amends paragraph 14(1)(b) of the Aboriginal and Torres Strait Islander Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Aged Care Act 1997

Item 4 - Subsection 63-1AA(9) (note at the end of the definition of reportable assault )

24. Item 4 amends the note at the end of the definition of reportable assault in subsection 63-1AA(9) of the Aged Care Act 1997 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Aged Care (Living Longer Living Better) Act 2013

Item 5 - Subitem 1(2) of Schedule 5

25. Item 5 amends subitem 1(2) of Schedule 5 to the Aged Care (Living Longer Living Better) Act 2013 to update the reference to paragraph 40(1)(a) of the Acts Interpretation Act with a reference to subparagraph 40(1A)(a)(ii). Paragraph 40(1)(a) relates to the citation of Acts by secular year and number. Item 5 updates this reference to reflect amendments to section 40 of the Acts Interpretation Act made by the Acts and Instruments (Framework Reform) Act. That Act repeals subsection 40(1) and adds a new subsection 40(1A) that provides for the citation of Acts, legislative instruments and notifiable instruments. Accordingly, subparagraph 40(1A)(a)(ii) will be the correct reference for citation of Acts by secular year and number.

Age Discrimination Act 2004

Item 6 - Subsection 39(6)

26. Item 6 amends subsection 39(6) of the Age Discrimination Act 2004 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Agricultural and Veterinary Chemicals Act 1994

Item 7 - Subsection 23(3)

27. Item 7 amends subsection 23(3) of the Agricultural and Veterinary Chemicals Act 1994 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Agricultural and Veterinary Chemicals Code Act 1994

Items 8-9 - Subsection 7(3) and paragraph 7(6)(b)

28. Items 8 and 9 amend subsection 7(3) and paragraph 7(6)(b) of the Agricultural and Veterinary Chemicals Code Act 1994 to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Item 10 - Subsection 163A(1) of the Code set out in the Schedule

29. Item 10 amends subsection 163A(1) of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Air Navigation Act 1920

Item 11 - Subsection 15A(8)

30. Item 11 amends subsection 15A(8) of the Air Navigation Act 1920 to omit the reference to Part 6 of the Legislative Instruments Act. Part 6 deals with sunsetting of legislative instruments. This amendment removes an outdated reference to the Legislative Instruments Act. It also removes the exemption from sunsetting for instruments made under subsection 15A(3) of the Air Navigation Act, as that exemption is already covered by a general exemption in the table in subsection 54(2) of the Legislative Instruments Act. That exemption will be consolidated into the Regulations. Accordingly, the legal effect of the sunsetting exemption will be preserved.

Item 12 - At the end of subsection 15A(8)

31. Item 12 adds a note at the end of subsection 15A(8) of the Air Navigation Act. The note explains that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments made under subsection 15A(3) of the Air Navigation Act, which are prescribed by regulation for the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the relevant regulations where the sunsetting exemptions are to be consolidated.

Airports Act 1996

Item 13 - Subsection 155(1) (note)

32. Item 13 amends the note to subsection 155(1) of the Airports Act 1996 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 14 - Subsection 198(2A)

33. Item 14 amends subsection 198(2A) of the Airports Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 15 - Subclauses 5(3) and 9(1) of the Schedule (note)

34. Item 15 amends the notes to subclauses 5(3) and 9(1) of the Schedule to the Airports Act to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Airspace Act 2007

Item 16 - Subsection 8(5)

35. Item 16 repeals subsection 8(5) of the Airspace Act 2007 and replaces it with a new subsection 8(5) which omits the reference to Part 6 of the Legislative Instruments Act. Part 6 deals with sunsetting of legislative instruments. This amendment removes an outdated reference to the Legislative Instruments Act. It also removes the exemption from sunsetting for instruments made under subsection 8(1) of the Airspace Act, as that exemption is already covered by a general exemption in the table in subsection 54(2) of the Legislative Instruments Act. That exemption will be consolidated into the Regulations. Accordingly, the legal effect of the sunsetting exemption will be preserved.

36. Item 16 also adds a note at the end of subsection 8(5) of the Airspace Act. The note explains that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments made under subsection 8(1) of the Airspace Act, which are prescribed by regulation for the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the relevant regulations where the sunsetting exemptions are to be consolidated.

Albury-Wodonga Development Corporation (Abolition) Act 2014

Item 17 - Item 8 of Schedule 1 (paragraph (c) of the definition of instrument )

37. Item 17 amends paragraph (c) of the definition of instrument in item 8 of Schedule 1 to the Albury Wodonga Development Corporation (Abolition) Act 2014 to omit the phrase '(within the meaning of the Legislative Instruments Act 2003)'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act 1901 (as amended by the Acts and Instruments (Framework Reform) Act).

A New Tax System (Family Assistance) (Administration) Act 1999

Item 18 - Subsection 50T(5)

38. Item 18 amends subsection 50T(5) of the A New Tax System (Family Assistance) (Administration) Act 1999 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act 1901 (as amended by the Acts and Instruments (Framework Reform) Act).

Item 19 - Section 206 (note)

39. Item 19 amends the note to section 206 of the A New Tax System (Family Assistance) (Administration) Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

A New Tax System (Goods and Services Tax) Act 1999

Item 20 - Subsection 40-75(2B) (note 2)

40. Item 20 amends note 2 to subsection 40-75(2B) of the A New Tax System (Goods and Services Tax) Act 1999 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 21 - Section 81-25

41. Item 21 repeals section 81-25 of the A New Tax System (Goods and Services Tax) Act which provides that, despite subsection 12(2) of the Legislative Instruments Act, instruments made under subsection 81-5(2) or 81-10(2), or section 81-15 of the A New Tax System (Goods and Services Tax) Act may be expressed to take effect from a date before they are registered. This section is replaced with a new section 81-25, which provides that subsection 12(2) of the Legislation Act does not apply to the instruments.

42. The new section 81-25 of the A New Tax System (Goods and Services Tax) Act updates references to the Legislative Instruments Act with references to the Legislation Act, and updates the drafting of the section to reflect amendments to section 12 of the Legislative Instruments Act made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Item 22 - Subsection 177-10(6)

43. Item 22 repeals subsection 177-10(6) of the A New Tax System (Goods and Services Tax) Act which provides that, despite subsection 12(2) of the Legislative Instruments Act, instruments made under subsection 177-10(5) of the A New Tax System (Goods and Services Tax) Act may be expressed to take effect from a date before they are registered. This subsection is replaced with a new subsection 177-10(6), which provides that subsection 12(2) of the Legislation Act does not apply to the instruments.

44. The new subsection 177-10(6) of the A New Tax System (Goods and Services Tax) Act updates references to the Legislative Instruments Act with references to the Legislation Act, and updates the drafting of the subsection to reflect amendments to section 12 of the Legislative Instruments Act made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Item 23 - Section 195-1 (definition of eligible Australian carbon credit unit )

45. Item 23 amends the definition of eligible Australian carbon credit unit in section 195-1 of the A New Tax System (Goods and Services Tax) Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Anti-Money Laundering and Counter-Terrorism Financing Act 2006

Item 24 - Section 5 (note 3 at the end of the definition of threshold transaction )

46. Item 24 amends note 3 at the end of the definition of threshold transaction in section 5 of the Anti-Money Laundering and Counter Terrorism Financing Act 2006 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Items 25-28 - Subsections 6(2), 41(5), 90(1), (2) and (3), and 91(1), (2) and (3), 102(2) and section 33 (note)

47. Items 25 to 28 amend the notes to subsections 6(2), 41(5), 90(1), (2) and (3), 91(1), (2) and (3) and 102(2), and to section 33 of the Anti-Money Laundering and Counter Terrorism Financing Act to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Item 29 - Section 103

48. Item 29 amends section 103 of the Anti-Money Laundering and Counter Terrorism Financing Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 30 - Subsection 245(10) (heading)

49. Item 30 repeals the heading to subsection 245(10) of the Anti-Money Laundering and Counter Terrorism Financing Act and substitutes a new heading to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 31 - Paragraph 249(a)

50. Item 31 amends paragraph 249(a) of the Anti-Money Laundering and Counter Terrorism Financing Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Asbestos Safety and Eradication Agency Act 2013

Item 32 - Subsections 14(1) and 30(1) (note)

51. Item 32 repeals the notes to subsections 14(1) and 30(1) of the Asbestos Safety and Eradication Agency Act 2013 and substitutes new notes to replace the references to the Legislative Instruments Act with references to the Legislation Act, and direct the reader to the relevant regulations where sunsetting and disallowance exemptions are to be consolidated.

Auditor-General Act 1997

Item 33 - Subclause 1(1) of Schedule 1 and subclause 1(2) of Schedule 2 (note)

52. Item 33 amends the notes to subclause 1(1) of Schedule 1 and subclause 1(2) of Schedule 2 to the Auditor-General Act 1997 to replace the reference to section 19A of the Acts Interpretation Act with a reference to section 19. The current sections 19 and 19A of the Acts and Interpretation Act are repealed by the Acts and Instruments (Framework Reform) Act and replaced by the new section 19.

Australia Council Act 2013

Item 34 - Subsection 12(1) (notes 1 and 2)

53. Item 34 repeals notes 1 and 2 to subsection 12(1) of the Australia Council Act 2013 and substitutes new notes to replace the references to the Legislative Instruments Act with references to the Legislation Act, and direct the reader to the relevant regulations where sunsetting and disallowance exemptions are to be consolidated.

Australian Aged Care Quality Agency Act 2013

Item 35 - Subsection 14(4) (notes 1 and 2)

54. Item 35 repeals notes 1 and 2 to subsection 14(4) of the Australian Aged Care Quality Agency Act 2013 and substitute new notes to replace the references to the Legislative Instruments Act with references to the Legislation Act, and direct the reader to the relevant regulations where sunsetting and disallowance exemptions are to be consolidated.

Australian Capital Territory (Planning and Land Management) Act 1988

Item 36 - Section 52

55. Item 36 amends section 52 of the Australian Capital Territory (Planning and Land Management) Act 1988 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Australian Capital Territory (Self-Government) Act 1988

Item 37 - Section 3 (definition of Commonwealth Minister )

56. Item 37 amends section 3 of the Australian Capital Territory (Self-Government) Act 1988 to replace the reference to section 19A of the Acts Interpretation Act with a reference to section 19. The current sections 19 and 19A of the Acts and Interpretation Act are repealed by the Acts and Instruments (Framework Reform) Act and replaced by the new section 19.

Item 38 - Section 33

57. Item 38 amends section 33 of the Australian Capital Territory (Self Government) Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Australian Charities and Not-for-profits Commission Act 2012

Item 39 - Subsection 45-15(4)

58. Item 39 amends subsection 45-15(4) of the Australian Charities and Not-for-profits Commission Act 2012 to replace the reference to Part 3 of the Legislative Instruments Act with a reference to section 17 of the Legislation Act. This reflects amendments made by the Acts and Instruments (Framework Reform) Act to Part 3 and section 17 of the Legislative Instruments Act, and directs the reader to the section that outlines consultation requirements.

Item 40 - Section 45-20

59. Item 40 amends section 45-20 of the Australian Charities and Not-for-profits Commission Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 41 - Subsection 50-15(4)

60. Item 41 amends subsection 50-15(4) of the Australian Charities and Not-for-profits Commission Act to replace the reference to Part 3 of the Legislative Instruments Act with a reference to section 17 of the Legislation Act. This reflects amendments made by the Acts and Instruments (Framework Reform) Act to Part 3 and section 17 of the Legislative Instruments Act, and directs the reader to the section that outlines consultation requirements.

Item 42 - Section 50-20

61. Item 42 amends section 50-20 of the Australian Charities and Not-for-profits Commission Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Australian Citizenship Act 2007

Item 43 - Subsection 15(4)

62. Item 43 repeals subsection 15(4) of the Australian Citizenship Act 2007 which provides that, despite subsection 12(2) of the Legislative Instruments Act, instruments made under subsection 15(2) of the Australian Citizenship Act may be expressed to take effect from a date before they are registered. This is replaced with a new subsection 15(4) which provides that subsection 12(2) of the Legislation Act does not apply to the instruments.

63. The new subsection 15(4) of the Australian Citizenship Act updates references to the Legislative Instruments Act with references to the Legislation Act, and updates the drafting of the subsection to reflect amendments to section 12 of the Legislative Instruments Act made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Australian Communications and Media Authority Act 2005

Item 44 - Subsection 53(1)

64. Item 44 amends subsection 53(1) of the Australian Communications and Media Authority Act 2005 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act 1901 (as amended by the Acts and Instruments (Framework Reform) Act).

Australian Education Act 2013

Items 45-46 - Subsections 14(3) and 130(4)

65. Items 45 and 46 amend subsections 14(3) and 130(4) of the Australian Education Act 2013 to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Australian Energy Market Act 2004

Item 47 - Subsections 13F(1), (2) and (3)

66. Item 47 amends subsections 13F(1), (2) and (3) of the Australian Energy Market Act 2004 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act 1901 (as amended by the Acts and Instruments (Framework Reform) Act).

Australian Hearing Services Act 1991

Item 48 - Subsections 8(4) to (8) (note)

67. Item 48 amends the notes to subsections 8(4) to (8) of the Australian Hearing Services Act 1991 to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Australian Human Rights Commission Act 1986

Item 49 - Subsection 47(3)

68. Item 49 amends subsection 47(3) of the Australian Human Rights Commission Act 1986 to replace the reference to Part 6 (sunsetting) of the Legislative Instruments Act with a reference to Part 4 of Chapter 3 (sunsetting) of the Legislation Act.

Australian Jobs Act 2013

Item 50 - Subsection 84(1) (note 2)

69. Item 50 repeals note 2 to subsection 84(1) of the Australian Jobs Act 2013 and substitutes a new note to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act, and direct the reader to the relevant regulations where sunsetting and disallowance exemptions are to be consolidated.

Australian National Registry of Emissions Units Act 2011

Item 51 - Section 4 (definition of Kyoto rules )

70. Item 51 amends the definition of Kyoto rules in section 4 of the Australian National Registry of Emissions Units Act 2011 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 52 - Subsection 36(1) (note)

71. Item 52 amends the note to subsection 36(1) of the Australian National Registry of Emissions Units Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 53 - Subsection 95(2)

72. Item 53 amends subsection 95(2) of the Australian National Registry of Emissions Units Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Australian Organ and Tissue Donation and Transplantation Authority Act 2008

Item 54 - Subsection 30(4) (notes 1 and 2)

73. Item 54 repeals notes 1 and 2 to subsection 30(4) of the Australian Organ and Tissue Donation and Transplantation Authority Act 2008 and substitutes new notes to replace the references to the Legislative Instruments Act with references to the Legislation Act, and direct the reader to the relevant regulations where sunsetting and disallowance exemptions are to be consolidated.

Australian Passports Act 2005

Item 55 - Subsection 52(3)

74. Item 55 amends subsection 52(3) of the Australian Passports Act 2005 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act 1901 (as amended by the Acts and Instruments (Framework Reform) Act).

Australian Postal Corporation Act 1989

Item 56 - Subsection 30(2)

75. Item 56 repeals subsection 30(2) of the Australian Postal Corporation Act 1989 and substitutes a new subsection to update the reference to Part 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act to Part 2 of Chapter 3 (Parliamentary scrutiny of legislative instruments) of the Legislation Act.

Australian Renewable Energy Agency Act 2011

Item 57 - Subsections 20(2) and 22(6)

76. Item 57 amends subsections 20(2) and 22(6) of the Australian Renewable Energy Agency Act 2011 to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Australian Research Council Act 2001

Item 58 - Subsection 60(4) (note)

77. Item 58 amends the note to subsection 60(4) of the Australian Research Council Act 2001 to reflect changes to section 44 of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, and to update the reference to the Legislative Instruments Act with a reference to the Legislation Act. The current section 44 provides for exemptions from disallowance, with general exemptions provided under subsection 44(1) and specific exemptions listed in a table in subsection 44(2). The table of exemptions is omitted from the amended subsection 44(2) and the exemptions are to be consolidated into the Regulations. Accordingly, the reference to section 44 of the Legislative Instruments Act is updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003'.

Australian Security Intelligence Organisation Act 1979

Item 59 - Subsection 34C(5)

78. Item 59 amends subsection 34C(5) of the Australian Security Intelligence Organisation Act 1979 to omit the references to section 42 and Part 6 of the Legislative Instruments Act, and replace them with a reference to section 42 (disallowance) of the Legislation Act. Section 42 and Part 6 deal with disallowance and sunsetting of legislative instruments respectively. This amendment removes an outdated reference to Part 6 of the Legislative Instruments Act. It also removes the exemption from sunsetting for instruments made under Division 3 of Part III of the Australian Security Intelligence Organisation Act, as that exemption will be transferred to a consolidated list of sunsetting exemptions in the Regulations. Accordingly, the legal effect of the sunsetting exemption will be preserved.

Item 60 - At the end of subsection 34C(5)

79. Item 60 adds a note at the end of subsection 34C(5) of the Australian Security Intelligence Organisation Act. The note explains that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments made under subsection 34C(5) of the Australian Security Intelligence Organisation Act, which are prescribed by regulation for the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the relevant regulations where the sunsetting exemptions are to be consolidated.

Australian Sports Anti-Doping Authority Act 2006

Item 61 - Subsection 12(2)

80. Item 61 amends subsection 12(2) of the Australian Sports Anti-Doping Authority Act 2006 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Australian Transaction Reports and Analysis Centre Industry Contribution Act 2011

Item 62 - Subsection 7(1) (definition of census day )

81. Item 62 repeals the definition of census day in subsection 7(1) of the Australian Transaction Reports and Analysis Centre Industry Contribution Act 2011 and replaces it with a new definition to omit the sentence 'a legislative instrument under paragraph (a) may, despite subsection 12(2) of the Legislative Instruments Act 2003, be made after the beginning of that financial year.' This is removed to reflect changes made to section 12 of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act.

Item 63 - Paragraph 9(3)(d)

82. Item 63 amends paragraph 9(3)(d) of the Australian Transaction Reports and Analysis Centre Industry Contribution Act to remove the phrase 'despite subsection 12(2) of the Legislative Instruments Act 2003,'. This phrase is no longer necessary due to amendments made to section 12 of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act.

Item 64 - Subsection 9(4)

83. Item 64 repeals subsection 9(4) of the Australian Transaction Reports and Analysis Centre Industry Contribution Act which provides that, despite subsection 12(2) of the Legislative Instruments Act, instruments made under subsection 9(1) of the Australian Transaction Reports and Analysis Centre Industry Contribution Act may be expressed to take effect from a date before they are registered. This subsection is replaced with a new subsection 9(4), which provides that subsection 12(2) of the Legislation Act does not apply to the instruments.

84. The new subsection 9(4) of the Australian Transaction Reports and Analysis Centre Industry Contribution Act updates references to the Legislative Instruments Act with references to the Legislation Act, and updates the drafting of the subsection to reflect amendments to section 12 of the Legislative Instruments Act made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Item 65 - Application of amendments

85. Item 65 provides that amendments made to the Australian Transaction Reports and Analysis Centre Industry Contribution Act by this Part apply to census days, and instalments of levy payable, for financial years starting on or after 1 July 2015. This is to ensure the continued application of these amendments after 1 July 2015 as they are necessary for the operation of the Act after that time.

Autonomous Sanctions Act 2011

Item 66 - Subsection 10(3)

86. Item 66 amends subsection 10(3) of the Autonomous Sanctions Act 2011 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Aviation Transport Security Act 2004

Item 67 - Subsection 65B(1) (note)

87. Item 67 amends the note to subsection 65B(1) of the Aviation Transport Security Act 2004 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 68 - Subsection 65B(3) (note)

88. Item 68 amends the note to subsection 65B(3) of the Aviation Transport Security Act to replace the reference to Part 3 of the Legislative Instruments Act with a reference to section 17 of the Legislation Act. This reflects amendments made by the Acts and Instruments (Framework Reform) Act to Part 3 and section 17 of the Legislative Instruments Act, and directs the reader to the section that outlines consultation requirements.

Banking Act 1959

Item 69 - Subsections 5(4), (7) and (8) (note)

89. Item 69 amends notes to subsections 5(4), (7) and (8) of the Banking Act 1959 to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Item 70 - Subsection 5(9)

90. Item 70 amends subsection 5(9) of the Banking Act to omit the references to section 42 and Part 6 of the Legislative Instruments Act, and replace them with a reference to section 42 (disallowance). Section 42 and Part 6 deal with disallowance and sunsetting of legislative instruments respectively. This amendment removes an outdated reference to Part 6 of the Legislative Instruments Act. It also removes the exemption from sunsetting for instruments made under subsection 5(9) of the Banking Act, as that exemption will be transferred to a consolidated list of sunsetting exemptions in the Regulations. Accordingly, the legal effect of the sunsetting exemption will be preserved.

Item 71 - At the end of subsection 5(9)

91. Item 71 adds a note at the end of subsection 5(9) of the Banking Act. The note explains that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments made under subsection 5(9) of the Banking Act, which are prescribed by regulation for the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the relevant regulations where the sunsetting exemptions are to be consolidated.

Item 72 - Subsection 5(10)

92. Item 72 repeals subsection 5(10) of the Banking Act and substitutes new subsections 5(10) and 5(11) of the Banking Act. This is to reflect amendments made to section 12 of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, and to replace the references to the Legislative Instruments Act with references to the Legislation Act.

93. Section 5(10) of the Banking Act provides that, despite subsections 12(1) and (2) of the Legislative Instruments Act, the declaration or amendment takes effect from the time it is made. The new subsection 5(10) of the Banking Act provides that, despite subsection 12(1) of the Legislation Act, the declaration or amendment commences from the time it is made. The reference to 'take effect' is also changed to 'commence' to reflect changes to subsection 12(1) of the Legislative Instruments Act.

94. The new subsection 5(11) provides that subsection 12(2) of the Legislation Act does not apply to the declaration or amendment. This reflects changes made to subsection 12(2) of the Legislative Instruments Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

95. Because the language 'despite...' is no longer appropriate for both subsections 12(1) and 12(2) of the Legislation Act, the replacement for subsection 5(10) of the Banking Act is in two subsections.

Item 73 - Paragraph 11AF(7BA)(b)

96. Item 73 amends paragraph 11AF(7BA)(b) of the Banking Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 74 - Subsection 16AD(6)

97. Item 74 repeals subsection 16AD(6) of the Banking Act and replaces it with a new subsection which omits the reference to Part 6 of the Legislative Instruments Act. Part 6 deals with sunsetting of legislative instruments. This amendment removes an outdated reference to the Legislative Instruments Act. It also removes the exemption from sunsetting for instruments made under subsection 16AD(1) of the Banking Act, as that exemption will be transferred to a consolidated list of sunsetting exemptions in the Regulations. Accordingly, the legal effect of the sunsetting exemption will be preserved.

98. Item 74 also adds a note at the end of subsection 16AD(6) of the Banking Act. The note explains that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments made under subsection 16AD(1) of the Banking Act, which are prescribed by regulation for the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the relevant regulations where the sunsetting exemptions are to be consolidated.

Item 75 - Paragraph 16AD(7)(a)

99. Item 75 repeals paragraph 16AD(7)(a) of the Banking Act and substitutes a new paragraph to reflect amendments made to section 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, and to replace the reference to the Legislative Instruments Act with references to the Legislation Act.

Item 76 - After subsection 16AD(7)

100. Item 76 adds new subsection 16AD(7A) of the Banking Act which provides that subsection 12(2) of the Legislation Act does not apply to declarations or amendments made under subsection 16AD(1) of the Banking Act.

101. The new subsection 16AD(7A) of the Banking Act refers to the Legislation Act and reflects amendments to section 12 of the Legislative Instruments Act made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Item 77 - Subsection 16AD(8)

102. Item 77 amends subsection 16AD(8) of the Banking Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 78 - Subsections 69(1B) to (1E) (note)

103. Item 78 amends the notes to subsections 69(1B) to (1E) of the Banking Act to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Item 79 - Subsections 70C(7) and (8)

104. Item 79 repeals subsection 70C(7) of the Banking Act and replaces it with a new subsection that omits the reference to Part 6 of the Legislative Instruments Act. Part 6 deals with sunsetting of legislative instruments. This amendment removes an outdated reference to the Legislative Instruments Act. It also removes the exemption from sunsetting for instruments made under section 70C of the Banking Act, as that exemption will be transferred to a consolidated list of sunsetting exemptions in the Regulations. Accordingly, the legal effect of the sunsetting exemption will be preserved.

105. Item 79 also adds a note at the end of subsection 70C(7) of the Banking Act. The note explains that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments made under section 70C of the Banking Act, which are prescribed by regulation for the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the relevant regulations where the sunsetting exemptions are to be consolidated.

106. Item 79 also repeals subsection 70C(8) of the Banking Act and substitutes new subsections 70C(8) and 70C(9). This is to reflect amendments made to section 12 of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, and to replace the references to the Legislative Instruments Act with references to the Legislation Act.

107. Section 70C(8) provides that, despite subsections 12(1) and (2) of the Legislative Instruments Act, the authorisation or amendment takes effect from the time it is made. The new subsection 70C(8) of the Banking Act provides despite subsection 12(1), the authorisation or amendment made under section 70C commences from the time it is made. The reference to 'take effect' is changed to 'commence' to reflect changes to subsection 12(1) of the Legislative Instruments Act.

108. The new subsection 70C(9) of the Banking Act provides that subsection 12(2) of the Legislation Act does not apply to the declaration or amendment. This reflects changes made to subsection 12(2) of the Legislative Instruments Act. The previous subsection 12(2) provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3), this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2), the operation of amended subsection 12(2) is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

109. Because the language 'despite...' is no longer appropriate for both subsections 12(1) and 12(2), the replacement for subsection 70C(8) is in two subsections.

Bankruptcy Act 1966

Item 80 - Subsection 116(2E)

110. Item 80 repeals subsection 116(2E) of the Bankruptcy Act 1966 and substitutes a new subsection to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 81 - Section 186Q (note)

111. Item 81 amends the note to section 186Q of the Bankruptcy Act to replace the reference to Part 3 of the Legislative Instruments Act with a reference to section 17 of the Legislation Act. This reflects amendments made by the Acts and Instruments (Framework Reform) Act to Part 3 and section 17 of the Legislative Instruments Act, and directs the reader to the section that outlines consultation requirements.

Broadcasting Services Act 1992

Item 82 - Subsection 103L(7)

112. Item 82 amends subsection 103L(7) of the Broadcasting Services Act 1992 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act 1901 (as amended by the Acts and Instruments (Framework Reform) Act).

Item 83 - Subsection 103L(7) (note)

113. Item 83 amends the note to subsection 103L(7) of the Broadcasting Services Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 84 - Subsections 121G(14) and 122(7) (note)

114. Item 84 repeals the notes to subsections 121G(14) and 122(7) of the Broadcasting Services Act and substitute new notes to replace the references to the Legislative Instruments Act with references to the Legislation Act and direct the reader to the relevant regulations where sunsetting and disallowance exemptions are to be consolidated.

Item 85 - Subsections 130B(7), 130BA(7), 130BB(7), 146C(1) and (2), 146CA(1) and (2) and 212B(6) (note)

115. Item 85 amends the notes to subsections 130B(7), 130BA(7), 130BB(7), 146C(1) and (2), 146CA(1) and (2) and 212B(6) of the Broadcasting Services Act to replace references to the Legislative Instruments Act with references to the Legislation Act.

Item 86 - Subsection 215(4) (note)

116. Item 86 amends the note to subsection 215(4) of the Broadcasting Services Act to replace the reference to Part 3 of the Legislative Instruments Act with a reference to section 17 of the Legislation Act. This reflects amendments made by the Acts and Instruments (Framework Reform) Act to Part 3 and section 17 of the Legislative Instruments Act, and directs the reader to the section that outlines consultation requirements.

Item 87 - Subclauses 8(2), 40(5), 60(5) and 91(2), (4) and (5) of Schedule 5 (note)

117. Item 86 amends notes to subclauses 8(2), 40(5), 60(5) and 91(2), (4) and (5) of Schedule 5 to the Broadcasting Services Act to replace references to the Legislative Instruments Act with references to the Legislation Act.

Item 88 - Subclauses 3(7), 4(7), 13(8), 15(8), 21(8) and 27(1) of Schedule 6 (note)

118. Item 88 amends notes to subclauses 3(7), 4(7), 13(8), 15(8), 21(8) and 27(1) of Schedule 6 to the Broadcasting Services Act to replace references to the Legislative Instruments Act with references to the Legislation Act.

Item 89 - Clause 2 of Schedule 7 (note 3 at the end of the definition of content service )

119. Item 89 amends the note at the end of the definition of content service at clause 2 of Schedule 7 to the Broadcasting Services Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 90 - Clause 2 of Schedule 7 (note at the end of the definitions of exempt internet directory service and exempt internet search engine service )

120. Item 90 amends notes at the end of the definitions of exempt internet directory service and exempt internet search engine service at clause 2 of Schedule 7 to the Broadcasting Services Act to replace references to the Legislative Instruments Act with references to the Legislation Act.

Item 91 - Clause 2 of Schedule 7 (note 3 at the end of the definition of exempt point-to-point content service )

121. Item 91 amends note 3 at the end of the definition of exempt point-to-point content service at clause 2 of Schedule 7 to the Broadcasting Services Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 92 - Clause 4 of Schedule 7 (note 3)

122. Item 92 amends note 3 at clause 4 of Schedule 7 to the Broadcasting Services Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 93 - Subclause 14(1) of Schedule 7 (note)

123. Item 93 amends the note to subclause 14(1) of Schedule 7 to the Broadcasting Services Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Carbon Credits (Carbon Farming Initiative) Act 2011

Items 94-98 - Section 5 (note at the end of the definition of land rights land ), subsection 7A(2), subsection 23(1) (note), subsection 23(1) (note), subsection 23(5), and subsection 27(5) (note)

124. Items 94-98 amend the note at the end of the definition of land rights land at section 5, subsection 7A(2), subsection 23(1) (note), subsection 23(1) (note), subsection 23(5), and subsection 27(5) (note) of the Carbon Credits (Carbon Farming Initiative) Act 2011 to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Item 99 - Subsections 53A(2), 56(3), 69(8) and 106(7) and (9)

125. Item 99 amends subsections 53A(2), 56(3), 69(8) and 106(7) and (9) of the Carbon Credits (Carbon Farming Initiative) Act to replace references to the Legislative Instruments Act with references to the Legislation Act.

Item 100 - Section 123B (note)

126. Item 100 repeals the note to section 123B of the Carbon Credits (Carbon Farming Initiative) Act and substitutes a new note to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act and direct the reader to the relevant Regulations where sunsetting and disallowance exemptions are to be consolidated.

Item 101 - Subsections 133(4) and (5) (note)

127. Item 101 amends the notes to subsections 133(4) and (5) of the Carbon Credits (Carbon Farming Initiative) Act to replace references to the Legislative Instruments Act with a reference to the Legislation Act.

Item 102 - Subsection 304(2)

128. Item 102 amends subsection 305(2) of the Carbon Credits (Carbon Farming Initiative) Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Carriage of Goods by Sea Act 1991

Item 103 - Section 9A

129. Item 103 amends section 9A of the Carriage of Goods by Sea Act 1991 to omit the reference to Part 6 of the Legislative Instruments Act. Part 6 deals with sunsetting of legislative instruments. This amendment removes an outdated reference to the Legislative Instruments Act. It also removes the exemption from sunsetting for instruments made for paragraph 4 of Article 1 of the amended Hague Rules as that exemption is already covered by a general exemption in the table in subsection 54(2) of the Legislative Instruments Act. That exemption will be consolidated into the Regulations. Accordingly, the legal effect of the sunsetting exemption will be preserved.

Item 104 - Section 9A (note)

130. Item 104 makes a minor amendment to the note to section 9A of the Carriage of Goods by Sea Act as a result of the addition of a note under Item 105 below.

Item 105 - At the end of section 9A

131. Item 105 adds a note at the end of section 9A of the Carriage of Goods by Sea Act. The note explains that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments made for paragraph 4 of Article 1 of the amended Hague Rules under the regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the relevant regulations where the sunsetting exemptions are to be consolidated.

Charter of the United Nations Act 1945

Item 106 - Subsection 6(3)

132. Item 106 amends subsection 6(3) of the Charter of the United Nations Act 1945 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Chemical Weapons (Prohibition) Act 1994

Item 107 - Subsections 8B(3) and 10(9) (note)

133. Item 107 amends notes to subsections 8B(3) and 10(9) of the Chemical Weapons (Prohibition) Act 1994 to replace references to the Legislative Instruments Act with references to the Legislation Act.

Civil Aviation Act 1988

Item 108 - Section 3 (definition of civil aviation legislation )

134. Item 108 amends the definition of civil aviation legislation in section 3 of the Civil Aviation Act 1988 to omit the phrase '(within the meaning of the Legislative Instruments Act 2003)' (wherever occurring). This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act 1901 (as amended by the Acts and Instruments (Framework Reform) Act).

Item 109 - Subsection 98(4B)

135. Item 109 amends subsection 98(4B) of the Civil Aviation Act to omit the reference to Part 6 of the Legislative Instruments Act. Part 6 deals with sunsetting of legislative instruments. This amendment removes an outdated reference to the Legislative Instruments Act. It also removes the exemption from sunsetting for instruments made under subsection 98(4A) of the Civil Aviation Act, as that exemption will be transferred to a consolidated list of sunsetting exemptions in the Regulations. Accordingly, the legal effect of the sunsetting exemption will be preserved.

Item 110 - At the end of subsection 98(4B)

136. Item 110 adds a note at the end of subsection 98(4B) of the Civil Aviation Act. The note explains that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments made under subsection 98(4A) of the Civil Aviation Act which are prescribed by regulation for the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the relevant Regulations where the sunsetting exemptions are to be consolidated.

Item 111 - Subsection 98(5AAA)

137. Item 111 amends subsection 98(5AAA) of the Civil Aviation Act to omit the reference to Part 6 of the Legislative Instruments Act. Part 6 deals with sunsetting of legislative instruments. This amendment removes an outdated reference to the Legislative Instruments Act. It also removes the exemption from sunsetting for instruments made under subsection 98(5) of the Civil Aviation Act, as that exemption will be transferred to a consolidated list of sunsetting exemptions in the Regulations. Accordingly, the legal effect of the sunsetting exemption will be preserved.

Item 112 - At the end of subsection 98(5AAA)

138. Item 112 adds a note at the end of subsection 98(5AAA) of the Civil Aviation Act. The note explains that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments made under subsection 98(5) of the Civil Aviation Act which are prescribed by regulation for the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the relevant regulations where the sunsetting exemptions are to be consolidated.

Item 113 - Paragraph 98(5AA)(c)

139. Item 113 amends paragraph 98(5AA)(c) of the Civil Aviation Act to amend punctuation as a result of the amendment under Item 114 below.

Item 114 - Subsection 98(5AA)

140. Item 114 amends subsection 98(5AA) of the Civil Aviation Act to omit the reference to Part 6 of the Legislative Instruments Act. Part 6 deals with sunsetting of legislative instruments. This amendment removes an outdated reference to the Legislative Instruments Act. It also removes the exemption from sunsetting for instruments made under paragraph 98(5A)(a) of the Civil Aviation Act, as that exemption will be transferred to a consolidated list of sunsetting exemptions in the Regulations. Accordingly, the legal effect of the sunsetting exemption will be preserved.

Item 115 - At the end of subsection 98(5AA)

141. Item 115 adds a note at the end of subsection 98(5AA) of the Civil Aviation Act. The note explains that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments made under paragraph 98(5A)(a) of the Civil Aviation Act which are prescribed by regulation for the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the relevant regulations where the sunsetting exemptions are to be consolidated.

Item 116 - Paragraph 98(5B)(c)

142. Item 116 amends paragraph 98(5B)(c) of the Civil Aviation Act to amend punctuation as a result of the amendment under Item 117 below.

Item 117 - Subsection 98(5B)

143. Item 117 amends subsection 98(5B) of the Civil Aviation Act to omit the reference to Part 6 of the Legislative Instruments Act. Part 6 deals with sunsetting of legislative instruments. This amendment removes an outdated reference to the Legislative Instruments Act. It also removes the exemption from sunsetting for instruments made under paragraph 98(5A)(b) of the Civil Aviation Act, as that exemption will be transferred to a consolidated list of sunsetting exemptions in the Regulations. Accordingly, the legal effect of the sunsetting exemption will be preserved.

Item 118 - At the end of subsection 98(5B)

144. Item 118 adds a note at the end of subsection 98(5B) of the Civil Aviation Act. The note explains that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments made under paragraph 98(5A)(b) of the Civil Aviation Act which are prescribed by regulation for the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the relevant Regulations where the sunsetting exemptions are to be consolidated.

Item 119 - Subsection 98(5D)

145. Item 119 amends subsection 98(5D) of the Civil Aviation Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Clean Energy Legislation (Carbon Tax Repeal) Act 2014

Item 120 - Subitem 359(2) of Schedule 1

146. Item 120 amends subitem 359(2) of Schedule 1 to the Clean Energy Legislation (Carbon Tax Repeal) Act 2014 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 121 - At the end of item 359 of Schedule 1

147. Item 121 adds subitem 359(3) at the end of item 359 of Schedule 1 to the Clean Energy Legislation (Carbon Tax Repeal) Act which provides that subsection 12(2) of the Legislation Act does not apply to the instruments made under subitem 359(1).

148. This new subitem refers to the Legislation Act and reflects amendments to section 12 made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3), this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2), the operation of amended subsection 12(2) is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Clean Energy Regulator Act 2011

Item 122 - Subsection 41(1) (note 2)

149. Item 122 repeals note 2 at subsection 41(1) of the Clean Energy Regulator Act 2011 and substitutes a new note to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act and direct the reader to the relevant regulations where sunsetting and disallowance exemptions are to be consolidated.

Coal Mining Industry (Long Service Leave) Administration Act 1992

Item 123 - Subsection 4(1) (note at the end of the definition of eligible employee )

150. Item 123 amends the note at the end of the definition of eligible employee in subsection 4(1) of the Coal Mining Industry (Long Service Leave) Administration Act 1992 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Commonwealth Bank Sale Act 1995

Item 124 - Subsection 19(3)

151. Item 124 repeals subsection 19(3) of the Commonwealth Bank Sale Act 1995 which provides that despite subsection 12(2) of the Legislative Instruments Act instruments made under section 19 of the Commonwealth Bank Sale Act may be expressed to take effect from a date before they are registered. This is replaced with a new subsection 19(3) which provides that subsection 12(2) of the Legislation Act does not apply to the instruments.

152. This new subsection updates the reference to the Legislative Instruments Act to refer to the Legislation Act and updates the drafting of the subsection to reflect amendments to section 12 made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3), this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2), the operation of amended subsection 12(2) is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Commonwealth Electoral Act 1918

Item 125 - Subsection 375(1)

153. Item 125 omits the subsection number '(1)' from subsection 375(1) of the Commonwealth Electoral Act 1918, which is unnecessary as it is the only existing subsection in that section.

Item 126 - Subsection 375(1) (note)

154. Item 126 amends the note to subsection 375(1) of the Commonwealth Electoral Act to replace references to the Legislative Instruments Act (wherever occurring) with references to the Legislation Act.

Commonwealth Places (Mirror Taxes) Act 1998

Item 127 - Subsection 25(2)

155. Item 127 amends subsection 25(2) of the Commonwealth Places (Mirror Taxes) Act 1998 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act, and to clarify that subsection 12(2) of the Legislation Act relates to the retrospective application of legislative instruments.

Competition and Consumer Act 2010

Item 128 - Subsection 44PA(7) (heading)

156. Item 128 repeals the heading to subsection 44PA(7) of the Competition and Consumer Act 2010 and substitutes a new heading to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 129 - Subsection 44PA(7)

157. Item 129 amends subsection 44PA(7) of the Competition and Consumer Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act 1901 (as amended by the Acts and Instruments (Framework Reform) Act).

Item 130 - Subsection 44PB(4) (heading)

158. Item 130 repeals the heading to subsection 44PB(4) of the Competition and Consumer Act and substitutes a new heading to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 131 - Subsections 44PB(4) and 44V(6)

159. Item 131 amends subsections 44PB(4) and 44V(6) of the Competition and Consumer Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act 1901 (as amended by the Acts and Instruments (Framework Reform) Act).

Item 132 - Subsection 44ZNA(9) (heading)

160. Item 132 repeals the heading to subsection 44ZNA(9) of the Competition and Consumer Act and substitutes a new heading to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 133 - Subsection 44ZNA(9)

161. Item 133 amends subsection 44ZNA(9) of the Competition and Consumer Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act 1901 (as amended by the Acts and Instruments (Framework Reform) Act).

Item 134 - Subsection 44ZNB(8) (heading)

162. Item 134 repeals the heading to subsection 44ZNB(8) of the Competition and Consumer Act and substitutes a new heading to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 135 - Subsection 44ZNB(8)

163. Item 135 amends subsection 44ZNB(8) of the Competition and Consumer Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act 1901 (as amended by the Acts and Instruments (Framework Reform) Act).

Item 136 - Subsection 44ZZCB(8) (heading)

164. Item 136 repeals the heading to subsection 44ZZCB(8) of the Competition and Consumer Act and substitutes a new heading to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 137 - Subsection 44ZZCB(8)

165. Item 137 amends subsection 44ZZCB(8) of the Competition and Consumer Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act 1901 (as amended by the Acts and Instruments (Framework Reform) Act).

Item 138 - Subsection 87Y(2)

166. Item 138 repeals subsection 87Y(2) of the Competition and Consumer Act and substitutes a new subsection to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act. The new subsection also reflects changes made to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act.

Item 139 - Subsection 10.72A(1) (note)

167. Item 139 amends the note to subsection 10.72A(1) of the Competition and Consumer Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 140 - Section 131E (heading)

168. Item 140 repeals the heading to section 131E of the Competition and Consumer Act and substitutes a new heading to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 141 - Subsections 151BUAA(1B) and 151BUD(1) and (3) (note)

169. Item 141 amends the notes to subsection 151BUAA(1B) and 151BUD(1) and (3) of the Competition and Consumer Act to replace references to the Legislative Instruments Act with references to the Legislation Act.

Item 142 - Subsections 152AL(9), (10) and (11)

170. Item 142 amends subsections 152AL(9), (10) and (11) of the Competition and Consumer Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act 1901 (as amended by the Acts and Instruments (Framework Reform) Act).

Item 143 - Paragraphs 152AL(12)(c) and (d)

171. Item 143 amends paragraphs 152AL(12)(c) and (d) of the Competition and Consumer Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act 1901 (as amended by the Acts and Instruments (Framework Reform) Act).

Item 144 - Subsection 152AL(13)

172. Item 144 amends subsection 152AL(13) of the Competition and Consumer Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 145 - Subsections 152ALA(10) and (11)

173. Item 145 amends subsections 152ALA(10) and (11) of the Competition and Consumer Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act 1901 (as amended by the Acts and Instruments (Framework Reform) Act).

Item 146 - Subsection 152ALA(12)

174. Item 146 amends subsection 152ALA(12) of the Competition and Consumer Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 147 - Subsections 152AR(4B) and (4C) (note)

175. Item 147 amends notes to subsections 152AR(4B) and (4C) of the Competition and Consumer Act to replace references to the Legislative Instruments Act with references to the Legislation Act.

Item 148 - Subsections 152ELA(8) and 152ELC(3)

176. Item 148 amends subsections 152ELA(8) and 152ELC(3) of the Competition and Consumer Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act 1901 (as amended by the Acts and Instruments (Framework Reform) Act).

Copyright Act 1968

Item 149 - Subsection 249(2) (note)

177. Item 149 amends the note to subsection 249(2) of the Copyright Act 1968 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Criminal Code Act 1995

Item 150 - Subparagraph 9.4(2)(c)(i) of the Criminal Code

178. Item 150 amends the note to subparagraph 9.4(2)(c)(i) of the Criminal Code of the Criminal Code Act 1995 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 151 - Subsection 80.1AA(2) of the Criminal Code

179. Item 151 repeals subsection 80.1AA(2) of the Criminal Code which provides that despite subsection 12(2) of the Legislative Instruments Act instruments made under paragraph 80.1AA(1)(b) of the Criminal Code may be expressed to take effect from before the day the instrument is registered under the Legislative Instruments Act but not before it is made. This is replaced with new subsections 80.1AA(2) and 80.1AA(2A). The new subsection 80.1AA(2) provides that subsection 12(2) of the Legislation Act does not apply to the instruments. Subsection 80.1AA(2A) provides that despite subsection 12(3) of the Legislation Act, the instrument must not commence before the day on which it is made.

180. This new subsection 80.1AA(2) updates the reference to the Legislative Instruments Act to refer to the Legislation Act and updates the drafting of the subsection to reflect amendments to section 12 made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3), this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2), the operation of amended subsection 12(2) is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

181. Further, by expressly providing that instruments must not commence before the day on which they are made, the new subsection 80.1AA(2) displaces subsection 12(3) of the Legislation Act. It thus limits retrospective commencement to on or after the day on which the instrument is made to preserve the effect of subsection 80.1AA(2).

Item 152 - Subsection 102.1(6) of the Criminal Code

182. Item 152 repeals subsection 102.1(6) of the Criminal Code, which refers to the repealed section 15 of the Legislative Instruments Act. This section was repealed by the Legislative Instruments Amendment (Sunsetting Measures) Act 2012. This was to ensure that section 7 of the Acts Interpretation Act would automatically apply to Acts, legislative instruments and non-legislative instruments. Section 100.5 of the Criminal Code provides that the version of the Acts Interpretation Act that was in force at the time Schedule 1 of the Criminal Code Amendment (Terrorism) Act 2003 commenced applies to Part 5.3. This Schedule commenced on 29 May 2003, which means that a previous version of the Acts Interpretation Act applies to subsection 102.1(6). That previous version does not contain section 7. The combination of sections 8 and 8B of that version of the Acts Interpretation Act will operate to achieve the same effect as subsection 102.1(6). Although sections 8 and 8B reference 'Acts', rather than legislative instruments, section 46 of that version of the Acts Interpretation Act provides that that version of the Acts Interpretation Act applies to any instrument as if it were an 'Act'. Accordingly, subsection 102.1(6) of the Criminal Code is redundant.

Item 153 - Subsection 102.1A(3) of the Criminal Code

183. Item 153 amends subsection 102.1A(3) of the Criminal Code to update the reference to Part 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act to Part 2 of Chapter 3 (Parliamentary scrutiny of legislative instruments) of the Legislation Act.

Item 154 - Subsection 102.1A(4) of the Criminal Code

184. Item 154 amends subsection 102.1A(4) of the Criminal Code to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 155 - Subsection 119.3(4) (note) of the Criminal Code

185. Item 155 amends the note to subsection 119.3(4) of the Criminal Code to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 156 - Subsection 119.3(7) of the Criminal Code

186. Item 156 amends subsection 119.3(7) of the Criminal Code to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 157 - Paragraph 301.16(1)(a) of the Criminal Code

187. Item 157 amends paragraph 301.16(1)(a) of the Criminal Code of to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 158 - Subsections 301.16(3) and 301.17(1) of the Criminal Code

188. Item 158 amends subsections 301.16(3) and 301.17(1) of the Criminal Code to replace references to the Legislative Instruments Act with references to the Legislation Act.

Cross-Border Insolvency Act 2008

Item 159 - Section 9 (note 2)

189. Item 159 amends note 2 to section 9 of the Cross Border Insolvency Act 2008 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Customs Act 1901

Item 160 - Subsections 71AAAE(1) and (2) (note 2)

190. Item 160 amends notes 2 to subsections 71AAAE(1) and (2) of the Customs Act 1901 to replace references to the Legislative Instruments Act with references to the Legislation Act.

Item 161 - Subsections 153ZLB(6), 153ZMB(6), 153ZNB(6), 269SC(8) and 269SD(6)

191. Item 161 amends subsections 153ZLB(6),153ZMB(6), 153ZNB(6), 269SC(8) and 269SD(6) of the Customs Act to replace references to the Legislative Instruments Act with references to the Legislation Act.

Customs Tariff Act 1995

Item 162 - Subsection 16A(5)

192. Item 162 amends subsection 16A(5) of the Customs Tariff Act 1995 to omit the phrase 'despite subsection 12(2) of the Legislative Instruments Act 2003'. This removes the outdated reference to the Legislative Instruments Act and the exemption from subsection 12(2) of the Legislation Act. This is because this section provides for special safeguards for certain sensitive goods which are intended to operate from 1 January 2005 to 31 December 2008. As this period has long expired, the exemption from subsection 12(2) of the Legislative Instruments Act is spent and no longer necessary.

Dairy Produce Act 1986

Item 163 - At the end of subclause 94(1) of Schedule 2

193. Item 163 adds a note at the end of subclause 94(1) of Schedule 2 to the Dairy Produce Act 1986 to reflect the fact that the relevant instrument envisaged in subclauses 94(1) and (2) of Schedule 2 was made, and has since been repealed as spent. The note informs the reader of the renaming of the Legislative Instruments Act to the Legislation Act.

Data-matching Program (Assistance and Tax) Act 1990

Item 164 - Subsection 3A(3)

194. Item 164 amends subsection 3A(3) of the Data-matching Program (Assistance and Tax) Act 1990 to replace the reference to the Federal Register of Legislative Instruments under the Legislative Instruments Act with a reference to the Federal Register of Legislation under the Legislation Act. The amendment is consequential on Part 4 (Federal Register of Legislative Instruments) of the Legislative Instruments Act being repealed by the Acts and Instruments (Framework Reform) Act, and section 15A of the Legislation Act providing for the Federal Register of Legislation.

Item 165 - Subsection 12(6)

195. Item 165 amends subsection 12(6) of the Data-matching Program (Assistance and Tax) Act to reflect changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act by changing 'take effect' to 'commence'. It also replaces the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Defence Housing Australia Act 1987

Item 166 - Subsection 6(5)

196. Item 166 amends subsection 6(5) of the Defence Housing Australia Act 1987 to omit the reference to Part 6 of the Legislative Instruments Act. Part 6 deals with sunsetting of legislative instruments. This amendment removes an outdated reference to the Legislative Instruments Act. It also removes the exemption from sunsetting for instruments made under subsection 6(4) of the Defence Housing Australia Act, as that exemption will be transferred to a consolidated list of sunsetting exemptions in the Regulations. Accordingly, the legal effect of the sunsetting exemption will be preserved.

Item 167 - At the end of subsection 6(5)

197. Item 167 adds a note at the end of subsection 6(5) of the Defence Housing Australia Act. The note explains that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments made under subsection 6(4) of the Defence Housing Australia Act, which are prescribed by regulation for the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the relevant regulations where the sunsetting exemptions are to be consolidated.

Defence (Special Undertakings) Act 1952

Item 168 - Subsection 15(1)

198. Item 168 amends subsection 15(1) of the Defence (Special Undertakings) Act 1952 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Defence Trade Controls Act 2012

Item 169 - Subsection 36(5)

199. Item 169 amends subsection 36(5) of the Defence Trade Controls Act 2012 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Dental Benefits Act 2008

Item 170 - Subsections 18(2) and 21(2) (note)

200. Item 170 amends subsection 18(2) and the note to subsection 21(2) of the Dental Benefits Act 2008 to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Item 171 - Subsection 60(4)

201. Item 171 amends subsection 60(4) of the Dental Benefits Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Designs Act 2003

Item 172 - Subsection 5A(2)

202. Item 172 amends subsection 5A(2) of the Designs Act 2003 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

DisabilityCare Australia Fund Act 2013

Item 173 - Subsection 29(11) (notes 1 and 2)

203. Item 173 repeals the notes to subsection 29(11) of the DisabilityCare Australia Fund Act 2013 and substitutes new notes to replace the references to the Legislative Instruments Act with references to the Legislation Act, and direct the reader to the relevant regulations where sunsetting and disallowance exemptions are to be consolidated.

Item 174 - Subsection 31(2) (note)

204. Item 174 amends the note to subsection 31(2) of the DisabilityCare Australia Fund Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Education Services for Overseas Students Act 2000

Item 175 - Subsection 175(1) (note)

205. Item 175 amends the note to subsection 175(1) of the Education Services for Overseas Students Act 2000 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 176 - Subsections 176B(2) and 176C(2)

206. Item 176 amends subsections 176B(2) and 176C(2) of the Education Services for Overseas Students Act to replace references to the Legislative Instruments Act with references to the Legislation Act.

Education Services for Overseas Students (TPS Levies) Act 2012

Item 177 - Subsection 11(4)

207. Item 177 amends subsection 11(4) of the Education Services for Overseas Students (TPS Levies) Act 2012 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Enhancing Online Safety for Children Act 2015

Item 178 - Subsections 67(4) and 70(1) (note 2)

208. Item 178 repeals notes 2 to subsections 67(4) and 70(1) of the Enhancing Online Safety for Children Act 2015 and substitutes new notes to replace the references to the Legislative Instruments Act with references to the Legislation Act, and direct the reader to the relevant regulations where sunsetting and disallowance exemptions are to be consolidated.

Item 179 - Subsection 73(2)

209. Item 179 amends subsection 73(2) of the Enhancing Online Safety for Children Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Environment Protection and Biodiversity Conservation Act 1999

Item 180 - Subsections 25A(1) and 28AA(1) (note)

210. Item 180 amends the notes to subsections 25A(1) and 28AA(1) of the Environment Protection and Biodiversity Conservation Act 1999 to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Item 181 - Subsection 184(1)

211. Item 181 amends subsection 184(1) of the Environment Protection and Biodiversity Conservation Act to omit the number (1) as subsection 184(2) is being repealed by item 183 without being substituted, and there are no other existing subsections in this section.

Item 182 - At the end of subsection 184(1)

212. Item 182 adds a note at the end of subsection 184(1) of the Environment Protection and Biodiversity Conservation Act. The note explains that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments made under subsection 8(1) of the Environment Protection and Biodiversity Conservation Act, which are prescribed by regulation for the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the relevant regulations where the sunsetting exemptions are to be consolidated.

Item 183 - Subsection 184(2)

213. Item 183 repeals subsection 184(2) of the Environment Protection and Biodiversity Conservation Act. Repealing the subsection removes an outdated reference to the Legislative Instruments Act. It also removes the exemption from sunsetting for instruments made under subsection 184(1) of the Environment Protection and Biodiversity Conservation Act, as that exemption is already covered by a general exemption in the table in subsection 54(2) of the Legislative Instruments Act. Those exemptions will be consolidated into the Regulations. Accordingly, the legal effect of the exemptions will be preserved.

Item 184 - Subsection 194C(3)

214. Item 184 amends subsection 194C(3) of the Environment Protection and Biodiversity Conservation Act to omit the references to section 42 and Part 6 of the Legislative Instruments Act and replace them with a reference to section 42 of the Legislation Act. Section 42 and Part 6 deal with disallowance and sunsetting of legislative instruments respectively. This amendment removes an outdated reference to Part 6 of the Legislative Instruments Act. It also removes the exemption from sunsetting for instruments made under paragraph 197C(1)(a) of the Environment Protection and Biodiversity Conservation Act, as that exemption is already covered by a general exemption in the table in subsection 54(2) of the Legislative Instruments Act. Those exemptions will be consolidated into the Regulations. Accordingly, the legal effect of the exemptions will be preserved.

Item 185 - At the end of subsection 194C(3)

215. Item 185 adds a note at the end of section 194C(3) of the Environment Protection and Biodiversity Conservation Act. The note explains that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments made under section 194C(3) of the Environment Protection and Biodiversity Conservation Act, which are prescribed by regulation for the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the relevant regulations where the sunsetting exemptions are to be consolidated.

Item 186 - Subsection 194D(4)

216. Item 186 amends subsection 194D(4) of the Environment Protection and Biodiversity Conservation Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 187 - Subsection 209(7)

217. Item 187 amends subsection 209(7) of the Environment Protection and Biodiversity Conservation Act to omit the reference to Part 6 of the Legislative Instruments Act. Part 6 deals with sunsetting of legislative instruments. This amendment removes an outdated reference to Part 6 of the Legislative Instruments Act. It also removes the exemption from sunsetting for instruments made under subsection 209(1) of the Environment Protection and Biodiversity Conservation Act, as that exemption is already covered by a general exemption in the table in subsection 54(2) of the Legislative Instruments Act. Those exemptions will be consolidated into the Regulations. Accordingly, the legal effect of the exemptions will be preserved.

Item 188 - At the end of subsection 209(7)

218. Item 188 adds a note at the end of subsection 209(7) of the Environment Protection and Biodiversity Conservation Act. The note explains that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments made under subsection 209(1) of the Environment Protection and Biodiversity Conservation Act, which are prescribed by regulation for the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the relevant regulations where the sunsetting exemptions are to be consolidated.

Item 189 - Subsection 324G(3)

219. Item 189 amends subsection 324G(3) of the Environment Protection and Biodiversity Conservation Act to omit the reference to Part 6 of the Legislative Instruments Act. Part 6 deals with sunsetting of legislative instruments. This amendment removes an outdated reference to the Legislative Instruments Act. It also removes the exemption from sunsetting for instruments made under paragraph 324G(1)(a) of the Environment Protection and Biodiversity Conservation Act, as that exemption will be transferred to a consolidated list of sunsetting exemptions in the new Regulations. Accordingly, the legal effect of the sunsetting exemption will be preserved.

Item 190 - At the end of subsection 324G(3)

220. Item 190 adds a note at the end of subsection 324G(3) of the Environment Protection and Biodiversity Conservation Act. The note explains that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments made under subsection 324G(1)(a) of the Environment Protection and Biodiversity Conservation Act, which are prescribed by regulation for the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the relevant regulations where the sunsetting exemptions are to be consolidated.

Item 191 - Subsection 324H(3)

221. Item 191 amends subsection 324H(3) of the Environment Protection and Biodiversity Conservation Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 192 - Subsection 341G(3)

222. Item 192 amends subsection 341G(3) of the Environment Protection and Biodiversity Conservation Act to omit the reference to Part 6 of the Legislative Instruments Act. Part 6 deals with sunsetting of legislative instruments. This amendment removes an outdated reference to the Legislative Instruments Act. It also removes the exemption from sunsetting for instruments made under paragraph 341G(1)(a) of the Environment Protection and Biodiversity Conservation Act, as that exemption will be transferred to a consolidated list of sunsetting exemptions in the new Regulations. Accordingly, the legal effect of the sunsetting exemption will be preserved.

Item 193 - At the end of subsection 341G(3)

223. Item 193 adds a note at the end subsection 341G(3) of the Environment Protection and Biodiversity Conservation Act. The note explains that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments made under paragraph 341G(1)(a) of the Environment Protection and Biodiversity Conservation Act, which are prescribed by regulation for the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the relevant regulations where the sunsetting exemptions are to be consolidated.

Item 194 - Paragraphs 390SD(4)(a) and 390SF(3)(a)

224. Item 194 amends paragraphs 390SD(4)(a) and 390SF(3)(a) of the Environment Protection and Biodiversity Conservation Act to replace the references to the Federal Register of Legislative Instruments under the Legislative Instruments Act with references to the Federal Register of Legislation under the Legislation Act. These amendments are consequential on Part 4 (Federal Register of Legislative Instruments) of the Legislative Instruments Act being repealed by the Acts and Instruments (Framework Reform) Act, and section 15A of the Legislation Act providing for the Federal Register of Legislation.

Item 195 - Subsection 390SG(2)

225. Item 195 amends paragraph 390SG(2) of the Environment Protection and Biodiversity Conservation Act to replace the reference to the Federal Register of Legislative Instruments under the Legislative Instruments Act with a reference to the Federal Register of Legislation under the Legislation Act. The amendment is consequential on Part 4 (Federal Register of Legislative Instruments) of the Legislative Instruments Act being repealed by the Acts and Instruments (Framework Reform) Act, and section 15A of the Legislation Act providing for the Federal Register of Legislation.

Item 196 - Section 528

226. Item 196 adds a definition for the Federal Register of Legislation to section 528 of the Environment Protection and Biodiversity Conservation Act to reflect its establishment by the Legislation Act.

Item 197 - Section 528 (definition of Federal Register of Legislative Instruments )

227. Item 197 repeals the definition of Federal Register of Legislative Instruments at section 528 of the Environment Protection and Biodiversity Conservation Act to reflect Part 4 (Federal Register of Legislative Instruments) of the Legislative Instruments Act being repealed by the Acts and Instruments (Framework Reform) Act.

Item 198 - Subclause 4(2) of Schedule 1

228. Item 198 amends subclause 4(2) of Schedule 1 to the Environment Protection and Biodiversity Conservation Act to omit the references to section 42 and Part 6 of the Legislative Instruments Act. Section 42 and Part 6 deal with disallowance and sunsetting of legislative instruments respectively. This amendment removes an outdated reference to Part 6 of the Legislative Instruments Act. It also removes the exemptions from disallowance and sunsetting for instruments made under subclause 4(1) of Schedule 1 to the Environment Protection and Biodiversity Conservation Act, as those exemptions are already covered by general exemptions in the tables in subsections 44(2) and 54(2) of the Legislative Instruments Act. Those exemptions will be consolidated into the Regulations. Accordingly, the legal effect of the exemptions will be preserved.

Item 199 - At the end of subclause 4(2) of Schedule 1

229. Item 199 adds notes at the end of subclause 4(2) of Schedule 1 to the Environment Protection and Biodiversity Conservation Act. The notes explain that Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act do not apply to instruments made under subclause 4(1) of Schedule 1 to the Environment Protection and Biodiversity Conservation Act, which are prescribed by regulation for the purposes of paragraphs 44(2)(b) and 54(2)(b) of the Legislation Act. These notes direct the reader to the relevant regulations where the sunsetting and disallowance exemptions are to be consolidated.

Excise Act 1901

Item 200 - Subsection 65(3)

230. Item 200 amends subsection 65(3) of the Excise Act 1901 to reflect changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act by changing 'take effect' to 'commence'.

Item 201 - Subsection 65(3) (note)

231. Item 201 repeals the note to subsection 65(3) and substitutes a new note to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act and direct the reader to section 12 of the Legislation Act for commencement of legislative instruments.

Item 202 - Section 164A

232. Item 202 repeals section 164A of the Excise Act which provides that, despite subsection 12(2) of the Legislative Instruments Act, instruments made in relation to condensate for the purposes of the Excise Act may be expressed to take effect from a date before the instruments are registered under the Legislative Instruments Act. This is replaced with new subsections 164A(1) and (2) of the Excise Act. The new subsection 164A(1) of the Excise Act provides that subsection 12(2) of the Legislation Act does not apply to the instruments. The new subsection 164A(2) of the Excise Act provides that subsection 12(3) of the Legislation Act does not apply to instruments that create, modify or otherwise affect a provision that makes a person liable to an offence or civil penalty.

233. The new section 164A of the Excise Act updates the reference to the Legislative Instruments Act to refer to the Legislation Act and updates the drafting of the section to reflect amendments to section 12 of the Legislative Instruments Act made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

234. Further, by expressly providing that subsection 12(3) of the Legislation Act does not apply to instruments that create, modify or otherwise affect a provision that makes a person liable to an offence or civil penalty, the new subsection 164A(2) of the Excise Act displaces subsection 12(3) of the Legislation Act for those instruments.

Excise Tariff Act 1921

Item 203 - Subsection 6CA(1A) (note)

235. Item 203 repeals the note to subsection 6CA(1A) of the Excise Tariff Act 1921 which provides that a by-law may be expressed to take effect before the date it is registered under the Legislative Instruments Act. Subsection 6CA(13) provides that, despite subsection 12(2) of the Legislative Instruments Act, a by-law prescribing a condensate production area may be expressed to take effect before the date it is registered under the Legislative Instruments Act. Subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act.

236. The repealed note is replaced with a new note which reflects changes made to section 12 of the Legislative Instruments Act, and updates the reference to the Legislative Instruments Act with a reference to the Legislation Act. The phrase 'take effect' is also amended to 'commence'. The new note refers to subsection 12(3) of the Legislation Act, which provides that, subject to the limitation provided in subsection 12(2), instruments may commence retrospectively. Subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person.

Item 204 - Subsection 6CA(1D)

237. Item 204 repeals subsection 6CA(1D) of the Excise Tariff Act which provides that, despite subsection 12(2) of the Legislative Instruments Act, regulations made under paragraph 6CA(1B)(b) of the Excise Tariff Act may be expressed to take effect from a date before they are registered. This is replaced with a new subsection 6CA(1D) of the Excise Tariff Act, which provides that subsection 12(2) of the Legislation Act does not apply to the regulations.

238. The new subsection 6CA(1D) of the Excise Tariff Act updates references to the Legislative Instruments Act with references to the Legislation Act, and updates the drafting of the subsection to reflect amendments to section 12 of the Legislative Instruments Act made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Item 205 - Subsection 6CA(13)

239. Item 205 repeals subsection 6CA(13) of the Excise Tariff Act which provides that, despite subsection 12(2) of the Legislative Instruments Act, by-laws made under paragraph 6CA(1B)(b) may be expressed to take effect from a date before they are registered. This is replaced with a new subsection 6CA(13) of the Excise Tariff Act, which provides that subsection 12(2) of the Legislation Act does not apply to the by-laws.

240. The new subsection 6CA(13) of the Excise Tariff Act updates references to the Legislative Instruments Act with references to the Legislation Act, and updates the drafting of the subsection to reflect amendments to section 12 of the Legislative Instruments Act made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Export Inspection and Meat Charges Collection Act 1985

Item 206 - Section 17 (note)

241. Item 206 amends the note to section 17 of the Export Inspection and Meat Charges Collection Act 1985 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Export Inspection (Quantity Charge) Act 1985

Item 207 - Subsection 7(1) (note)

242. Item 207 amends the note to section 7(1) of the Export Inspection (Quantity Charge) Act 1985 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Export Market Development Grants Act 1997

Item 208 - Subsection 107(1) (note at the end of the definition of non-tourism service )

243. Item 208 amends the note at the end of the definition of non-tourism service in subsection 107(1) of the Export Market Development Grants Act 1997 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Fair Work Act 2009

Item 209 - Subsection 14(5)

244. Item 209 amends subsection 14(5) of the Fair Work Act 2009 to omit the reference to Part 6 of the Legislative Instruments Act. Part 6 deals with sunsetting of legislative instruments. This amendment removes an outdated reference to the Legislative Instruments Act. It also removes the exemption from sunsetting for instruments made under subsection 14(4) of the Fair Work Act, as that exemption will be transferred to a consolidated list of sunsetting exemptions in the Regulations. Accordingly, the legal effect of the sunsetting exemption will be preserved.

Item 210 - At the end of subsection 14(5)

245. Item 210 adds a note at the end of subsection 14(5) of the Fair Work Act. The note explains that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments made under subsection 14(4) of the Fair Work Act, which are prescribed by regulation for the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the relevant regulations where the sunsetting exemptions are to be consolidated.

Item 211 - Subsection 31(1) (note 2)

246. Item 211 amends note 2 to subsection 31(1) of the Fair Work Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 212 - Subsection 684(1) (note)

247. Item 212 repeals the note to subsection 684(1) of the Fair Work Act and substitutes a new note to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act, and direct the reader to the relevant regulations where disallowance and sunsetting exemptions are to be consolidated.

Item 213 - Subsection 789DE(6)

248. Item 213 amends subsection 789DE(6) of the Fair Work Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 214 - Subclause 7(5) of Schedule 1

249. Item 214 repeals subclause 7(5) of Schedule 1 to the Fair Work Act which provides that, despite subsection 12(2) of the Legislative Instruments Act, regulations made under subclauses 7(1) or 7(3) of Schedule 1 to the Fair Work Act may be expressed to take effect from a date before they are registered. This is replaced with a new subclause 7(5) of Schedule 1 to the Fair Work Act, which provides that subsection 12(2) of the Legislation Act does not apply to the regulations.

250. The new subclause 7(5) of Schedule 1 to the Fair Work Act updates references to the Legislative Instruments Act with references to the Legislation Act, and updates the drafting of the subsection to reflect amendments to section 12 of the Legislative Instruments Act made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Item 215 - Subclause 32(4) of Schedule 3

251. Item 215 repeals subclause 32(4) of Schedule 3 to the Fair Work Act which provides that, despite subsection 12(2) of the Legislative Instruments Act, regulations relating to the amendments and repeals made by Schedule 9 to the amending Act (the Fair Work Amendment Act 2012), and regulations made under subclause 32(2) of Schedule 3 to the Fair Work Act may be expressed to take effect from a date before they are registered. This is replaced with a new subclause 32(4) of Schedule 3 to the Fair Work Act, which provides that subsection 12(2) of the Legislation Act does not apply to the regulations.

252. The new subclause 32(4) of Schedule 3 to the Fair Work Act updates references to the Legislative Instruments Act with references to the Legislation Act, and updates the drafting of the subsection to reflect amendments to section 12 of the Legislative Instruments Act made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Fair Work (Building Industry) Act 2012

Item 216 - Subsection 11(4)

253. Item 216 amends subsection 11(4) of the Fair Work (Building Industry) Act 2012 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act and direct the reader to the relevant regulations where disallowance exemptions are to be consolidated.

Item 217 - Subsections 27(5), 29(4) and 31(4)

254. Item 217 amends subsections 27(5), 29(4) and 31(4) of the Fair Work (Building Industry) Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 218 - Subsection 31(5)

255. Item 218 amends subsection 31(5) of the Fair Work (Building Industry) Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act and direct the reader to the relevant regulations where disallowance exemptions are to be consolidated.

Item 219 - Subsections 60(5) and (6)

256. Item 219 amends subsections 60(5) and 60(6) of the Fair Work (Building Industry) Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 220 - Subsection 78(3)

257. Item 220 repeals subsection 78(3) of the Fair Work (Building Industry) Act as this subsection is effectively spent. Subsection 78(3) permits certain regulations to be expressed to take effect retrospectively provided they are made within 120 days after the commencement of that subsection. As subsection 78(3) commenced on 12 September 2005, and no relevant regulations were made within the 120 day period, this subsection no longer has any effect.

Fair Work (Registered Organisations) Act 2009

Item 221 - Subsection 158A(3)

258. Item 221 amends subsection 158A(3) of the Fair Work (Registered Organisations) Act 2009 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Item 222 - Subitem 10(2) of Schedule 2

259. Item 222 repeals subitem 10(2) of Schedule 2 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, which provides that, despite subsection 12(2) of the Legislative Instruments Act, regulations made under the Fair Work (Transitional Provisions and Consequential Amendments) Act may be expressed to take effect from a date before they are registered. This is replaced with a new subitem 10(2) of Schedule 2 to the Fair Work (Transitional Provisions and Consequential Amendments) Act, which provides that subsection 12(2) of the Legislation Act does not apply to the regulations.

260. The new subitem 10(2) of Schedule 2 to the Fair Work (Transitional Provisions and Consequential Amendments) Act updates references to the Legislative Instruments Act with references to the Legislation Act, and updates the drafting of the subsection to reflect amendments to section 12 of the Legislative Instruments Act made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Item 223 - Paragraph 10(3)(a) of Schedule 2

261. Item 223 repeals paragraph 10(3)(a) of Schedule 2 to the Fair Work (Transitional Provisions and Consequential Amendments) Act and substitutes a new paragraph to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Family Law Act 1975

Item 224 - Subsection 33C(7)

262. Item 224 amends subsection 33C(7) of the Family Law Act 1975 to reflect changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act by changing 'take effect' to 'commence'. It also replaces the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Federal Circuit Court of Australia Act 1999

Item 225 - Subsection 10AA(2) (note)

263. Item 225 amends the note to subsection 10AA(2) of the Federal Circuit Court of Australia Act 1999 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 226 - Subsection 41(9)

264. Item 226 amends subsection 41(9) of the Federal Circuit Court of Australia Act to reflect changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act by changing 'take effect' to 'commence'. It also replaces the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Federal Financial Relations Act 2009

Item 227 - Subsections 8(3), 9(5), 12(3), 13(3), 14(3), 15A(2) and 16(5)

265. Item 227 amends subsections 8(3), 9(5), 12(3), 13(3), 14(3), 15A(2) and 16(5) of the Federal Financial Relations Act 2009 to replace the references to the Legislative Instruments Act with references to the Legislation Act.

First Home Saver Accounts Act 2008

Item 228 - Subsections 17A(3) and (4) (note)

266. Item 228 amends the notes to subsections 17A(3) and (4) of the First Home Saver Accounts Act 2008 to replace references to the Legislative Instruments Act with references to the Legislation Act.

Fisheries Levy Act 1984

Item 229 - Subsection 8(2)

267. Item 229 amends subsection 8(2) of the Fisheries Levy Act 1984 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Fisheries Management Act 1991

Item 230 - Subsection 168(3)

268. Item 230 amends subsection 168(3) of the Fisheries Management Act 1991 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Future Fund Act 2006

Item 231 - Section 6 (note)

269. Item 231 amends the note to section 6 of the Future Funds Act 2006 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 232 - Subsection 18(9)

270. Item 232 repeals subsection 18(9) of the Future Funds Act and its note, and substitutes a new subsection and note. The new subsection 18(9) of the Future Funds Act omits the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

271. The new note at subsection 18(9) of the Future Funds Act updates the drafting of the subsection to reflect changes to section 44 of the Legislative Instruments Act by the Acts and Instruments (Framework Reform Act), and to update the reference to the Legislative Instruments Act with a reference to the Legislation Act. The current section 44 of the Legislative Instruments Act provides for exemptions from disallowance, with general exemptions provided under subsection 44(1) and specific exemptions listed in a table in subsection 44(2). The table of exemptions is omitted from the amended subsection 44(2), and the exemptions are to be consolidated into the Regulations. Accordingly, the reference to section 44 of the Legislative Instruments Act is updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003'.

Item 233 - Subsection 19(2) (note)

272. Item 233 amends the note to subsection 19(2) of the Future Funds Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 234 - Subsections 20(6), 24(9), 54(5) and (6), 72(3) and (7) and 83(3)

273. Item 234 amends subsections 20(6), 24(9), 54(5) and (6), 72(3) and (7), and 83(3) of the Future Funds Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 235 - Subclauses 2(4) and 3(5) of Schedule 1

274. Item 235 amends subclauses 2(4) and 3(5) of Schedule 1 to the Future Funds Act to replace the references to the Legislative Instruments Act with references to the Legislation Act. It also omits the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 236 - Subclauses 6(7), 8(11) and 9(3) of Schedule 1

275. Item 236 amends subclauses 6(7), 8(11) and 9(3) of Schedule 1 to the Future Funds Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 237 - Subclauses 2(2) and 3(9) of Schedule 3

276. Item 237 amends subclauses 2(2) and 3(9) of Schedule 3 to the Future Funds Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Governor-General Act 1974

Item 238 - Subsection 4AA(11)

277. Item 238 amends subsection 4AA(11) of the Governor-General Act 1974 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act). Items 239-240 - Subsections 4AA(12) and 4AH(2)

278. Items 239 and 240 amend subsections 4AA(12) and 4AH(2) of the Governor-General Act to reflect changes to section 44 of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, and to update the references to the Legislative Instruments Act with references to the Legislation Act. The current section 44 of the Legislative Instruments Act provides for exemptions from disallowance, with general exemptions provided under subsection 44(1) and specific exemptions listed in a table in subsection 44(2). The table of exemptions is omitted from the amended subsection 44(2), and the exemptions are to be consolidated into the Regulations. Accordingly, the reference to section 44 of the Legislative Instruments Act is updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003.'

Great Barrier Reef Marine Park Act 1975

Item 241 - Subsections 34(9) and 35C(7)

279. Item 241 amends subsections 34(9) and 35C(7) of the Great Barrier Reef Marine Park Act 1975 to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Item 242 - Section 35D

280. Item 242 amends section 35D of the Great Barrier Reef Marine Park Act to omit the references to section 42 and Part 6 of the Legislative Instruments Act, and replace them with a reference to section 42 of the Legislation Act. Section 42 and Part 6 deal with disallowance and sunsetting of legislative instruments respectively. This amendment removes an outdated reference to Part 6 of the Legislative Instruments Act. It also removes the exemption from sunsetting for instruments made under section 35 of the Great Barrier Reef Marine Park Act, as that exemption will be transferred to a consolidated list of sunsetting exemptions in the Regulations. Accordingly, the legal effect of the sunsetting exemption will be preserved.

Item 243 - At the end of section 35D

281. Item 243 adds a note at the end of section 35D of the Great Barrier Reef Marine Park Act. The note explains that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments made under section 35D of the Great Barrier Reef Marine Park Act, which are prescribed by regulation for the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the relevant regulations where the sunsetting exemptions are to be consolidated.

Item 244 - Subsection 35E(1) (note)

282. Item 244 amends the note to subsection 35E(1) of the Great Barrier Reef Marine Park Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 245 - Paragraph 35F(1)(a)

283. Item 245 amends paragraph 35F(1)(a) of the Great Barrier Reef Marine Park Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 246 - Subsection 37(2A)

284. Item 246 amends subsection 37(2A) of the Great Barrier Reef Marine Park Act to omit the reference to Part 6 of the Legislative Instruments Act. Part 6 deals with sunsetting of legislative instruments. This amendment removes an outdated reference to the Legislative Instruments Act. It also removes the exemption from sunsetting for instruments made under subsection 37(2A) of the Great Barrier Reef Marine Park Act, as that exemption will be transferred to a consolidated list of sunsetting exemptions in the Regulations. Accordingly, the legal effect of the sunsetting exemption will be preserved.

Item 247 - At the end of subsection 37(2A)

285. Item 247 adds a note at the end of subsection 37(2A) of the Great Barrier Reef Marine Park Act. The note explains that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments made under subsection 37(2A) of the Great Barrier Reef Marine Park Act, which are prescribed by regulation for the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the relevant regulations where the sunsetting exemptions are to be consolidated.

Item 248 - Subsection 37(4A)

286. Item 248 amends subsection 37(4A) of the Great Barrier Reef Marine Park Act to omit the reference to Part 6 of the Legislative Instruments Act. Part 6 deals with sunsetting of legislative instruments. This amendment removes an outdated reference to the Legislative Instruments Act. It also removes the exemption from sunsetting for instruments made under subsection 37(4A) of the Great Barrier Reef Marine Park Act, as that exemption will be transferred to a consolidated list of sunsetting exemptions in the Regulations. Accordingly, the legal effect of the sunsetting exemption will be preserved.

Item 249 - At the end of subsection 37(4A)

287. Item 249 adds a note at the end of subsection 37(4A) of the Great Barrier Reef Marine Park Act. The note explains that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments made under subsection 37(4A) of the Great Barrier Reef Marine Park Act, which are prescribed by regulation for the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the relevant regulations where the sunsetting exemptions are to be consolidated.

Item 250 - Subsection 37A(3)

288. Item 250 amends subsection 37A(3) of the Great Barrier Reef Marine Park Act to omit the reference to Part 6 of the Legislative Instruments Act. Part 6 deals with sunsetting of legislative instruments. This amendment removes an outdated reference to the Legislative Instruments Act. It also removes the exemption from sunsetting for instruments made under subsection 37A(3) of the Great Barrier Reef Marine Park Act, as that exemption will be transferred to a consolidated list of sunsetting exemptions in the Regulations. Accordingly, the legal effect of the sunsetting exemption will be preserved.

Item 251 - At the end of subsection 37A(3)

289. Item 251 adds a note at the end of subsection 37A(3) of the Great Barrier Reef Marine Park Act. The note explains that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments made under subsection 37A(3) of the Great Barrier Reef Marine Park Act, which are prescribed by regulation for the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the relevant Regulations where the sunsetting exemptions are to be consolidated.

Item 252 - Subsection 66(13)

290. Item 252 amends subsection 66(13) of the Great Barrier Reef Marine Park Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Healthcare Identifiers Act 2010

Item 253 - Subsection 32(1) (notes 1 and 2)

291. Item 253 repeals the notes to subsection 32(1) of the Healthcare Identifiers Act 2010 and substitute new notes to replace the references to the Legislative Instruments Act with references to the Legislation Act, and direct the reader to the relevant regulations where sunsetting and disallowance exemptions are to be consolidated.

Item 254 - Subsection 37(7)

292. Item 254 amends subsection 37(7) of the Healthcare Identifiers Act to omit the reference to Part 6 of the Legislative Instruments Act. Part 6 deals with sunsetting of legislative instruments. This amendment removes an outdated reference to the Legislative Instruments Act. It also removes the exemption from sunsetting for instruments made under subsections 37(5) and 37(6) of the Health Identifiers Act, as that exemption already falls within subsection 54(1) of the Legislative Instruments Act. Accordingly, the legal effect of the sunsetting exemption will be preserved.

Item 255 - At the end of subsection 37(7)

293. Item 255 adds a note at the end of subsection 37(7) of the Healthcare Identifiers Act to explain that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments made under subsections 37(5) and 37(6) of the Health Identifiers Act, which are prescribed by regulation for the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the relevant regulations where the sunsetting exemptions are to be consolidated.

Health Insurance Act 1973

Item 256 - Subsection 10B(1) (note)

294. Item 256 amends the note to subsection 10B(1) of the Health Insurance Act 1973 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Hearing Services Administration Act 1997

Item 257 - Subsection 5(3) (note)

295. Item 257 amends the note to subsection 5(3) of the Health Services Administration Act 1997 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Higher Education Funding Act 1988

Item 258 - Section 110

296. Item 258 amends section 110 of the Higher Education Funding Act 1988 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Higher Education Support Act 2003

Item 259 - Subsection 16-5(3)

297. Item 259 amends subsection 16-5(3) of the Higher Education Support Act 2003 to update the reference to Part 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act to Part 2 of Chapter 3 (Parliamentary scrutiny of legislative instruments) of the Legislation Act. Items 260-261 - Subsections 16-55(2) and 16-70(4)

298. Items 260 and 261 repeal subsections 16-55(2) and 16-70(4) of the Higher Education Support Act and substitute new subsections to reflect changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, by changing references to 'takes effect' to references to 'commences'. These items also replace references to the Legislative Instruments Act with references to the Legislation Act.

Item 262 - Paragraph 22-1(1)(c)

299. Item 262 amends paragraph 22-1(1)(c) of the Higher Education Support Act to update the reference to Part 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act to Part 2 of Chapter 3 (Parliamentary scrutiny of legislative instruments) of the Legislation Act.

Item 263 - Subsection 22-2(2)

300. Item 263 amends subsection 22-2(2) of the Higher Education Support Act to replace the reference to the Federal Register of Legislative Instruments under the Legislative Instruments Act, with a reference to the Federal Register of Legislation under the Legislation Act. The amendment is consequential on Part 4 (Federal Register of Legislative Instruments) of the Legislative Instruments Act being repealed by the Acts and Instruments (Framework Reform) Act, and section 15A of the Legislation Act providing for the Federal Register of Legislation.

Item 264 - Subsection 22-2(3)

301. Item 264 amends subsection 22-2(3) of the Higher Education Support Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 265 - Subsections 22-2(4) and 22-3(2)

302. Item 265 amends subsections 22-2(4) and 22-3(2) of the Higher Education Support Act to replace the references to the Federal Register of Legislative Instruments under the Legislative Instruments Act, with references to the Federal Register of Legislation under the Legislation Act. These amendments are consequential on Part 4 (Federal Register of Legislative Instruments) of the Legislative Instruments Act being repealed by the Acts and Instruments (Framework Reform) Act, and section 15A of the Legislation Act providing for the Federal Register of Legislation.

Item 266 - Subsection 22-3(3)

303. Item 266 amends subsection 22-3(3) of the Higher Education Support Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act. Items 267-269 - Subsection 22-3(4), paragraph 22-20(3)(c) and subsection 22-20(5)

304. Items 267 to 269 amend subsections 22-3(4) and 22-20(5), and paragraph 22-20(3)(c) of the Higher Education Support Act to replace references to the Federal Register of Legislative Instruments under the Legislative Instruments Act, with references to the Federal Register of Legislation under the Legislation Act. These amendments are consequential on Part 4 (Federal Register of Legislative Instruments) of the Legislative Instruments Act being repealed by the Acts and Instruments (Framework Reform) Act, and section 15A of the Legislation Act providing for the Federal Register of Legislation.

Item 270 - Subsection 22-20(6)

305. Item 270 amends subsection 22-20(6) of the Higher Education Support Act to update the reference to Part 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act to Part 2 of Chapter 3 (Parliamentary scrutiny of legislative instruments) of the Legislation Act. Items 271-272 - Subdivision 22-E and section 22-45 (heading)

306. Items 271 and 272 repeal the headings to subdivision 22-E and section 22-45 of the Higher Education Support Act, and substitute new headings to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Item 273 - Paragraph 22-45(1)(b)

307. Item 273 amends paragraph 22-45(1)(b) of the Higher Education Support Act to update the reference to Part 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act to Part 2 of Chapter 3 (Parliamentary scrutiny of legislative instruments) of the Legislation Act.

Item 274 - Section 22-50 (heading)

308. Item 274 repeals the heading to section 22-50 of the Higher Education Support Act and substitutes a new heading to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 275 - Paragraph 22-50(1)(b)

309. Item 275 amends paragraph 22-50(1)(b) of the Higher Education Support Act to update the reference to Part 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act to Part 2 of Chapter 3 (Parliamentary scrutiny of legislative instruments) of the Legislation Act.

Item 276 - Subsection 137-18(2) (note)

310. Item 276 amends the note to subsection 137-18(2) of the Higher Education Support Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 277 - Subsections 187-1(7), 193-5(5) and 193-10(5)

311. Item 277 amends subsections 187-1(7), 193-5(5) and 193-10(5) of the Higher Education Support Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 278 - Subclause 5(2) of Schedule 1A

312. Item 278 amends subclause 5(2) of Schedule 1A to the Higher Education Support Act to update the reference to Part 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act to Part 2 of Chapter 3 (Parliamentary scrutiny of legislative instruments) of the Legislation Act.

Item 279-280 - Subclauses 12(2) and 12C(4) of Schedule 1A

313. Items 279 and 280 repeal subclauses 12(2) and 12C(4) of Schedule 1A to the Higher Education Support Act and substitute new subclauses to reflect changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, by changing references to 'take effect' with references to 'commence'. These items also replace the references to the Legislative Instruments Act with references to the Legislation Act.

Item 281 - Subsection 17(4) of Schedule 1A

314. Item 281 amends subsection 17(4) of Schedule 1A to the Higher Education Support Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 282 - Paragraph 29(c) of Schedule 1A

315. Item 282 amends paragraph 29(c) of Schedule 1A to the Higher Education Support Act to update the reference to Part 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act to Part 2 of Chapter 3 (Parliamentary scrutiny of legislative instruments) of the Legislation Act.

Item 283 - Subclause 29B(2) of Schedule 1A

316. Item 283 amends subclause 29B(2) of Schedule 1A to the Higher Education Support Act to replace the reference to the Federal Register of Legislative Instruments under the Legislative Instruments Act, with a reference to the Federal Register of Legislation under the Legislation Act. The amendment is consequential on Part 4 (Federal Register of Legislative Instruments) of the Legislative Instruments Act being repealed by the Acts and Instruments (Framework Reform) Act, and section 15A of the Legislation Act providing for the Federal Register of Legislation.

Item 284 - Subclause 29B(3) of Schedule 1A

317. Item 284 amends subclause 29B(3) of Schedule 1A to the Higher Education Support Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 285 - Subclauses 29B(4) and 29C(2) of Schedule 1A

318. Item 285 amends subclauses 29B(4) and 29C(2) of Schedule 1A to the Higher Education Support Act to replace the references to the Federal Register of Legislative Instruments under the Legislative Instruments Act, with references to the Federal Register of Legislation under the Legislation Act. These amendments are consequential on Part 4 (Federal Register of Legislative Instruments) of the Legislative Instruments Act being repealed by the Acts and Instruments (Framework Reform) Act, and section 15A of that Act providing for the Federal Register of Legislation.

Item 286 - Subclause 29C(3) of Schedule 1A

319. Item 286 amends subclause 29C(3) of Schedule 1A to the Higher Education Support Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act. Items 287-289 - Subclause 29C(4), paragraph 34(3)(c) and subclause 34(5) of Schedule 1A

320. Items 287 to 289 amend subclause 29C(4), paragraph 34(3)(c) and subclause 34(5) of Schedule 1A to the Higher Education Support Act to replace the references to the Federal Register of Legislative Instruments under the Legislative Instruments Act, with references to the Federal Register of Legislation under the Legislation Act. These amendments are consequential on Part 4 (Federal Register of Legislative Instruments) of the Legislative Instruments Act being repealed by the Acts and Instruments (Framework Reform) Act, and section 15A of the Legislation Act providing for the Federal Register of Legislation.

Item 290 - Subclause 34(6) of Schedule 1A

321. Item 290 amends subclause 34(6) of Schedule 1A to the Higher Education Support Act to update the reference to Part 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act to Part 2 of Chapter 3 (Parliamentary scrutiny of legislative instruments) of the Legislation Act. Items 291-292 - Subdivision 5-E and clause 39A of Schedule 1A (heading)

322. Items 291 and 292 repeal the headings to subdivision 5-E and clause 39A of Schedule 1A to the Higher Education Support Act, and substitute new headings to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Item 293 - Paragraph 39A(1)(b) of Schedule 1A

323. Item 293 amends paragraph 39A(1)(b) of Schedule 1A to the Higher Education Support Act to update the reference to Part 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act to Part 2 of Chapter 3 (Parliamentary scrutiny of legislative instruments) of the Legislation Act.

Item 294 - Clause 39B of Schedule 1A (heading)

324. Item 294 repeals the heading to clause 39B of Schedule 1A to the Higher Education Support Act and substitutes a new heading to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 295 - Paragraph 39B(1)(b) of Schedule 1A

325. Item 295 amends paragraph 39B(1)(b) of Schedule 1A to the Higher Education Support Act to update the reference to Part 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act to Part 2 of Chapter 3 (Parliamentary scrutiny of legislative instruments) of the Legislation Act.

Item 296 - Subclause 1(1) of Schedule 1

326. Item 296 adds a definition for the Federal Register of Legislation to subclause 1(1) of Schedule 1 to the Higher Education Support Act to reflect its establishment by the Legislation Act.

Item 297 - Subclause 1(1) of Schedule 1 (definition of Federal Register of Legislative Instruments )

327. Item 297 repeals the definition of the Federal Register of Legislative Instruments at subclause 1(1) of Schedule 1 to the Higher Education Support Act to reflect Part 4 (Federal Register of Legislative Instruments) of the Legislative Instruments Act being repealed by the Acts and Instruments (Framework Reform) Act.

Income Tax Assessment Act 1936

Item 298 - Subsection 24AV(2)

328. Item 298 repeals subsection 24AV(2) of the Income Tax Assessment Act 1936 which provides that, despite subsection 12(2) of the Legislative Instruments Act, instruments made under subsection 24AV(1) of the Income Tax Assessment Act 1936 may be expressed to take effect from a date before they are registered. This is replaced with a new subsection 24AV(2) of the Income Tax Assessment Act 1936 which provides that subsection 12(2) of the Legislation Act does not apply to the instruments.

329. The new subsection 24AV(2) of the Income Tax Assessment Act 1936 updates references to the Legislative Instruments Act with references to the Legislation Act, and updates the drafting of the subsection to reflect amendments to section 12 of the Legislative Instruments Act made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Income Tax Assessment Act 1997

Item 299 - Subsection 293-115(6)

330. Item 299 repeals subsection 293-115(6) of the Income Tax Assessment Act 1997 which provides that, despite subsection 12(2) of the Legislative Instruments Act, instruments made under subsection 293-115(1) of the Income Tax Assessment Act 1997 may be expressed to take effect from any time on or after 1 July 2012. This is replaced with new subsections 293-115(6) and 293-115(7).

331. The new subsection 293-115(6) of the Income Tax Assessment Act 1997 provides that subsection 12(2) of the Legislation Act does not apply to the instruments. The new subsection 293-115(7) of the Income Tax Assessment Act 1997 provides that, despite subsection 12(3) of the Legislation Act, the instrument must not commence before 1 July 2012.

332. The new subsection 293-115(6) of the Income Tax Assessment Act 1997 updates references to the Legislative Instruments Act with references to the Legislation Act, and updates the drafting of the subsection to reflect amendments to section 12 of the Legislative Instruments Act made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement..

333. Further, by expressly providing that instruments must not commence before 1 July 2012, the new subsection 293-115(7) of the Income Tax Assessment Act 1997 displaces subsection 12(3) of the Legislation Act. It thus limits retrospective commencement to on or after 1 July 2012 to preserve the effect of the repealed subsection 293-115(6).

Item 300 - Subsection 293-145(2)

334. Item 300 repeals subsection 293-145(2) of the Income Tax Assessment Act 1997 which provides that, despite subsection 12(2) of the Legislative Instruments Act, instruments made under paragraph 293-145(1)(b) of the Income Tax Assessment Act 1997 may be expressed to take effect from any time on or after 1 July 2012. This is replaced with new subsections 293-145(2) and 293-145(2A).

335. The new subsection 293-145(2) of the Income Tax Assessment Act 1997 provides that subsection 12(2) of the Legislation Act does not apply to the instruments. The new subsection 293-145(2A) of the Income Tax Assessment Act 1997 provides that despite subsection 12(3) of the Legislation Act, the instrument must not commence before 1 July 2012.

336. The new subsection 293-145(2) of the Income Tax Assessment Act 1997 updates references to the Legislative Instruments Act with references to the Legislation Act, and updates the drafting of the subsection to reflect amendments to section 12 of the Legislative Instruments Act made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

337. Further, by expressly providing that instruments must not commence before 1 July 2012, the new subsection 293-145(2A) of the Income Tax Assessment Act 1997 displaces subsection 12(3) of the Legislation Act. It thus limits retrospective commencement to on or after 1 July 2012 to preserve the effect of the repealed subsection 293-145(2).

Item 301 - Subsections 415-100(2) and 974-10(7)

338. Item 301 amends subsections 415-100(2) and 974-10(7) of the Income Tax Assessment Act 1997 to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Independent Contractors Act 2006

Item 302 - Subsections 42(3) and (4)

339. Item 302 repeals subsections 42(3) and (4) of the Independent Contractors Act 2006. These subsections provide that, despite subsection 12(2) of the Legislative Instruments Act, instruments made under subsection 42(1) of the Independent Contractors Act may be expressed to take effect from a date before they are registered, but that this does not apply to instruments that create, modify or otherwise affect a provision that makes a person liable to an offence or civil penalty.

340. These subsections are replaced with new subsections which update references to the Legislative Instruments Act with references to the Legislation Act, and update the drafting of the subsections to reflect amendments to section 12 of the Legislative Instruments Act made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

341. Further, by expressly providing that subsection 12(3) of the Legislative Instruments Act does not apply to instruments that create, modify or otherwise affect a provision that makes a person liable to an offence or civil penalty, the new subsection 42(4) of the Independent Contractors Act displaces subsection 12(3) of the Legislation Act for those instruments.

Industrial Chemicals (Notification and Assessment) Act 1989

Item 303 - Subsection 81(2)

342. Item 303 amends subsection 81(2) of the Industrial Chemicals (Notification and Assessment) Act 1989 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Industry Research and Development Act 1986

Item 304 - Subsections 28B(1) and 32(3) (note)

343. Item 304 amends the notes to subsections 28B(1) and 32(3) of the Industry Research and Development Act 1986 to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Insurance Act 1973

Item 305 - Subsection 32(6)

344. Item 305 amends subsection 32(6) of the Insurance Act 1973 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 306 - Subsection 62ZZC(6)

345. Item 306 repeals subsection 62ZZC(6) of the Insurance Act and substitutes a new subsection to omit the reference to Part 6 of the Legislative Instruments Act. Part 6 deals with sunsetting of legislative instruments. This amendment removes an outdated reference to the Legislative Instruments Act. It also removes the exemption from sunsetting for instruments made under subsection 62ZZC(1) of the Insurance Act, as that exemption will be transferred to a consolidated list of sunsetting exemptions in the Regulations. Accordingly, the legal effect of the sunsetting exemption will be preserved.

346. Item 306 also adds a note which explains that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments made under subsection 62ZZC(1) of the Insurance Act, which are prescribed by regulation for the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the relevant regulations where the sunsetting exemptions are to be consolidated.

Item 307 - Paragraph 62ZZC(7)(a)

347. Item 307 repeals paragraph 62ZZC(7)(a) of the Insurance Act and substitutes a new paragraph to reflect changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act. It changes 'takes effect' to 'commences', replaces the reference to the Legislative Instruments Act with a reference to the Legislation Act and removes the reference to subsection 12(2) of the Legislative Instruments Act.

Item 308 - After subsection 62ZZC(7)

348. Item 308 adds a subsection after 62ZZC(7) of the Insurance Act. This new subsection reflects amendments to section 12 of the Legislative Instruments Act made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Item 309 - Subsection 62ZZC(8)

349. Item 309 amends subsection 62ZZC(8) of the Insurance Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 310 - Subsection 131A(7) and (8)

350. Item 310 repeals subsections 131A(7) and 131A(8) of the Insurance Act and substitutes new subsections 131A(7), 131A(8) and 131A(9), and adds a new note to subsection 131A(7) of the Insurance Act. The new subsections omit the references to section 42 and Part 6 of the Legislative Instruments Act and replace them with a reference to section 42 (disallowance) of the Legislation Act. Part 6 deals with sunsetting of legislative instruments. This amendment removes outdated references to Part 6 of the Legislative Instruments Act.

351. The new subsection 131A(7) of the Insurance Act removes the exemption from sunsetting for instruments made under section 131A of the Insurance Act, as that exemption will be transferred to a consolidated list of sunsetting exemptions in the Regulations. Accordingly, the legal effect of the sunsetting exemption will be preserved.

352. The new note to subsection 131A(7) of the Insurance Act explains that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments made under section 131A of the Insurance Act, which are prescribed by regulation for the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the relevant regulations where the sunsetting exemptions are to be consolidated.

353. Subsection 131A(8) of the Insurance Act provides that an instrument made under subsection 131A of the Insurance Act takes effect from the time it is made, despite subsections 12(1) and 12(2) of the Legislative Instruments Act. The new subsection 131A(8) of the Insurance Act provides that, despite subsection 12(1) of the Legislation Act, the instrument commences from the time it is made. The reference to 'take effect' is also changed to 'commence' to reflect changes to subsection 12(1) of the Legislative Instruments Act.

354. The new subsection 131A(9) of the Insurance Act provides that subsection 12(2) of the Legislation Act does not apply to the instrument. This reflects changes made to subsection 12(2) of the Legislative Instruments Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

355. Because the language 'despite...' is no longer appropriate for both subsections 12(1) and 12(2) of the Legislation Act, the replacement for subsection 131A(8) of the Insurance Act is in two subsections.

Intelligence Services Act 2001 Items 311 - Section 3A, section 3A (note)

356. Items 311 amends section 3A of the Intelligence Services Act 2001 to replace the reference to section 19A of the Acts Interpretation Act with a reference to section 19. The current sections 19 and 19A of the Acts and Interpretation Act are repealed by the Acts and Instruments (Framework Reform) Act and replaced by the new section 19.

Item 312 - Section 3A (note)

357. Item 312 amends the note to section 3A of the Intelligence Services Act 2001 to replace the reference to section 19 of the Acts Interpretation Act with a reference to subsection 19(4). The current sections 19 and 19A of the Acts and Interpretation Act are repealed by the Acts and Instruments (Framework Reform) Act and replaced by the new section 19. The substance of the current section 19 is provided by the new subsection 19(4).

Interactive Gambling Act 2001

Item 313 - Subsections 24(5) and 37(5) (note)

358. Item 313 amends the notes to subsections 24(5) and 37(5) of the Interactive Gambling Act 2001 to replace the references to the Legislative Instruments Act with references to the Legislation Act.

International Monetary Agreements Act 1947

Item 314 - Subsection 8CAA(4)

359. Item 314 amends subsection 8CAA(4) of the International Monetary Agreements Act 1947 to reflect changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act by changing 'take effect' to 'commence'.

Item 315 - Paragraphs 8CAA(4)(a) and (b)

360. Item 315 amends paragraphs 8CAA(4)(a) and (b) of the International Monetary Agreements Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

International Organisations (Privileges and Immunities) Act 1963

Item 316 - Subsection 13(2)

361. Item 316 amends subsection 13(2) of the International Organisations (Privileges and Immunities) Act 1963 to reflect changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act by changing 'take effect' to 'commence'.

Item 317 - Subsection 13(3)

362. Item 317 amends subsection 13(3) of the International Organisations (Privileges and Immunities) Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 318 - Subsection 13(4)

363. Item 318 repeals subsection 13(4) of the International Organisations (Privileges and Immunities) Act and substitutes a new subsection which removes the reference to the 'commencement of the Legislative Instruments Act 2003'. The reference is no longer necessary as the Legislative Instruments Act has commenced.

International War Crimes Tribunals Act 1995

Item 319 - Subsection 42(3)

364. Item 319 amends subsection 42(3) of the International War Crimes Tribunals Act 1995 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Judges' Pensions Act 1968

Item 320 - Subsection 12A(14)

365. Item 320 amends subsection 12A(14) of the Judges' Pensions Act 1968 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 321 - Subsection 17AI(2)

366. Item 321 amends subsection 17AI(2) of the Judges' Pension Act to reflect changes to section 44 of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act and to update the reference to the Legislative Instruments Act to refer to the Legislation Act. The current section 44 of the Legislative Instruments Act provides for exemptions from disallowance, with general exemptions provided under subsection 44(1) and specific exemptions listed in a table in subsection 44(2). The table of exemptions is omitted from the amended subsection 44(2) and the exemptions are to be consolidated into the Regulations. Accordingly, the reference to section 44 of the Legislative Instruments Act is updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003'.

Lands Acquisition Act 1989

Item 322 - Subsection 21(3)

367. Item 322 repeals subsection 21(3) of the Lands Acquisition Act 1989 and substitutes a new subsection to reflect changes to section 12 of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act. The new subsection changes 'take effect' to 'commences' and replaces the reference to the Legislative Instruments Act with a reference to the Legislation Act. The new subsection also modernises terminology in accordance with current drafting practice by changing 'in spite of' to 'despite'.

Item 323 - Subsection 21(4)

368. Item 323 amends subsection 21(4) of the Lands Acquisition Act to modernise terminology in accordance with current drafting practice by changing 'shall' to 'must'.

Item 324 - Paragraph 21(4)(a)

369. Item 324 amends paragraph 21(4)(a) of the Lands Acquisition Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 325 - Subsection 117(2)

370. Item 325 repeals subsection 117(2) of the Lands Acquisition Act and substitutes a new subsection to reflect changes to section 12 of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act. The new subsection changes 'take effect' to 'commences' and replaces the reference to the Legislative Instruments Act with a reference to the Legislation Act. The new subsection also modernises terminology in accordance with current drafting practice by changing 'in spite of' to 'despite'.

Item 326 - Subsection 117(3)

371. Item 326 amends subsection 117(3) of the Lands Acquisition Act to modernise terminology in accordance with current drafting practice by changing 'shall' to 'must'.

Item 327 - Paragraph 117(3)(a)

372. Item 327 amends paragraph 117(3)(a) of the Lands Acquisition Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Life Insurance Act 1995

Item 328 - Subsection 16ZD(2) (note)

373. Item 328 amends the note to subsection 16ZD(2) of the Life Insurance Act 1995 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 329 - Paragraph 230A(12C)(b)

374. Item 329 amends paragraph 230A(12C)(b) of the Life Insurance Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 330 - Subsections 251A(7) and (8)

375. Item 330 repeals subsections 251A(7) and 251A(8) of the Life Insurance Act and substitutes new subsections 251A(7), 251A(8) and 251A(9), and adds a new note to subsection 251A(7). These amendments omit references to section 42 and Part 6 of the Legislative Instruments Act and replace them with references to section 42 (disallowance) of the Legislation Act. Part 6 deals with sunsetting of legislative instruments. This amendment removes an outdated reference to Part 6 of the Legislative Instruments Act.

376. The new subsection 251A(7) of the Life Insurance Act removes the exemption from sunsetting for instruments made under section 251A of the Life Insurance Act, as that exemption will be transferred to a consolidated list of sunsetting exemptions in the Regulations. Accordingly, the legal effect of the sunsetting exemption will be preserved.

377. The new note to subsection 251A(7) of the Life Insurance Act explains that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments made under section 251A of the Life Insurance Act, which are prescribed by regulation for the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the relevant regulations where the sunsetting exemptions are to be consolidated.

378. Subsection 251A(8) of the Life Insurance Act provides that an instrument made under subsection 251A of the Life Insurance Act takes effect from the time it is made, despite subsections 12(1) and (2) of the Legislative Instruments Act. The new subsection 251A(8) of the Life Insurance Act provides that despite subsection 12(1) of the Legislation Act, the instrument commences from the time it is made. The reference to 'take effect' is also changed to 'commence' to reflect changes to subsection 12(1) of the Legislative Instruments Act.

379. The new subsection 251A (9) of the Life Insurance Act provides that subsection 12(2) of the Legislation Act does not apply to the instrument. This reflects changes made to subsection 12(2) of the Legislative Instruments Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

380. Because the language 'despite...' is no longer appropriate for both subsections 12(1) and 12(2) of the Legislation Act, the replacement for subsection 251A (8) of the Life Insurance Act is in two subsections.

Liquid Fuel Emergency Act 1984 Items 331-334 - Subsections 9(2), 10(5), 11(6) and 12(7)

381. Items 331 to 334 repeal subsections 9(2), 10(5), 11(6) and 12(7) of the Liquid Fuel Emergency Act 1984 which provide that, despite subsection 12(2) of the Legislative Instruments Act, instruments made under those sections may be expressed to take effect from a date before they are registered. These subsections are replaced with new subsections which provide that subsection 12(2) of the Legislation Act does not apply to the instruments.

382. These new subsections update references to the Legislative Instruments Act with references to the Legislation Act, and update the drafting of the subsections to reflect amendments to section 12 of the Legislative Instruments Act made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Item 335 - Subsection 13(2)

383. Item 335 amends subsection 13(2) of the Liquid Fuel Emergency Act to omit the references to section 42 and Part 6 of the Legislative Instruments Act. Section 42 and Part 6 deal with disallowance and sunsetting of legislative instruments respectively. This amendment removes an outdated reference to the Legislative Instruments Act. It also removes the exemptions from disallowance and sunsetting for instruments made under subsection 13(1) of the Liquid Fuel Emergency Act, as those exemptions are already covered by general exemptions in the tables in subsections 44(2) and 54(2) of the Legislative Instruments Act. Those exemptions will be consolidated into the Regulations. Accordingly, the legal effect of the exemptions will be preserved.

Item 336 - At the end of subsection 13(2)

384. Item 336 adds notes at the end of subsection 13(2) of the Liquid Fuel Emergency Act. The notes explain that section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act do not apply to instruments made under section 13(1) of the Liquid Fuel Emergency Act, which are prescribed by regulation for the purposes of paragraphs 44(2)(b) and 54(2)(b) of the Legislation Act. These notes direct the reader to the relevant regulations where the sunsetting and disallowance exemptions are to be consolidated.

Item 337 - Subsection 13(4)

385. Item 337 repeals subsection 13(4) of the Liquid Fuel Emergency Act which provides that, despite subsection 12(2) of the Legislative Instruments Act, instruments made under section 13 of the Liquid Fuel Emergency Act may be expressed to take effect from a date before they are registered. This subsection is replaced with a new subsection 13(4), which provides that subsection 12(2) of the Legislation Act does not apply to the instruments.

386. The new subsection 13(4) of the Liquid Fuel Emergency Act updates references to the Legislative Instruments Act with references to the Legislation Act, and updates the drafting of the subsection to reflect amendments to section 12 of the Legislative Instruments Act made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Item 338 - Subsection 14(2)

387. Item 338 amends subsection 14(2) of the Liquid Fuel Emergency Act to omit the phrase 'but neither section 42 nor Part 6 of the Legislative Instruments Act 2003 applies to the direction'. Section 42 and Part 6 deal with disallowance and sunsetting of legislative instruments respectively. This amendment removes an outdated reference to the Legislative Instruments Act. It also removes the exemptions from disallowance and sunsetting for instruments made under subsection 14(1) of the Liquid Fuel Emergency Act, as those exemptions are already covered by general exemptions in the tables in subsections 44(2) and 54(2) of the Legislative Instruments Act. Those exemptions will be consolidated into the Regulations. Accordingly, the legal effect of the exemptions will be preserved.

Item 339 - At the end of subsection 14(2)

388. Item 339 adds notes at the end of subsection 14(2) of the Liquid Fuel Emergency Act. The notes explain that section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act do not apply to instruments made under section 14(1) of the Liquid Fuel Emergency Act, which are prescribed by regulation for the purposes of paragraphs 44(2)(b) and 54(2)(b) of the Legislation Act. These notes direct the reader to the relevant regulations where the sunsetting and disallowance exemptions are to be consolidated.

Item 340-343 - Subsections 14(5), 14A(5), 17(6) and 20(6)

389. Items 340 to 343 repeal subsections 14(5), 14A(5), 17(6) and 20(6) of the Liquid Fuel Emergency Act which provide that, despite subsection 12(2) of the Legislative Instruments Act, instruments made sections 14, 14A, 17 or 20 of the Liquid Fuel Emergency Act may be expressed to take effect from a date before they are registered. These subsections are replaced with new subsections which provide that subsection 12(2) of the Legislation Act does not apply to the instruments.

390. The new subsections of the Liquid Fuel Emergency Act update references to the Legislative Instruments Act with references to the Legislation Act, and update the drafting of the subsections to reflect amendments to section 12 of the Legislative Instruments Act made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Item 344 - Subsection 21(5)

391. Item 344 amends subsection 21(5) of the Liquid Fuel Emergency Act to omit the phrase 'but neither section 42 nor Part 6 of the Legislative Instruments Act 2003 applies to the direction'. Section 42 and Part 6 deal with disallowance and sunsetting of legislative instruments respectively. This amendment removes an outdated reference to the Legislative Instruments Act. It also removes the exemptions from disallowance and sunsetting for instruments made under subsection 21(1) of the Liquid Fuel Emergency Act, as those exemptions are already covered by general exemptions in the tables in subsections 44(2) and 54(2) of the Legislative Instruments Act. Those exemptions will be consolidated into the Regulations. Accordingly, the legal effect of the exemptions will be preserved.

Item 345 - At the end of subsection 21(5)

392. Item 345 adds notes at the end of subsection 21(5) of the Liquid Fuel Emergency Act. The notes explain that section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act do not apply to instruments made under section 21(1) of the Liquid Fuel Emergency Act, which are prescribed by regulation for the purposes of paragraphs 44(2)(b) and 54(2)(b) of the Legislation Act. These notes direct the reader to the relevant regulations where the sunsetting and disallowance exemptions are to be consolidated.

Item 346 - Subsection 21(8)

393. Item 346 repeals subsection 21(8) of the Liquid Fuel Emergency Act which provides that, despite subsection 12(2) of the Legislative Instruments Act, instruments made under section 21 of the Liquid Fuel Emergency Act may be expressed to take effect from a date before they are registered. This subsection is replaced with a new subsection 21(8) of the Liquid Fuel Emergency Act, which provides that subsection 12(2) of the Legislation Act does not apply to the instruments.

394. The new subsection 21(8) of the Liquid Fuel Emergency Act updates references to the Legislative Instruments Act with references to the Legislation Act, and updates the drafting of the subsection to reflect amendments to section 12 of the Legislative Instruments Act made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Item 347 - Subsection 22(5)

395. Item 347 amends subsection 22(5) of the Liquid Fuel Emergency Act to omit the phrase 'but neither section 42 nor Part 6 of the Legislative Instruments Act 2003 applies to the direction'. Section 42 and Part 6 deal with disallowance and sunsetting of legislative instruments respectively. This amendment removes an outdated reference to the Legislative Instruments Act. It also removes the exemptions from disallowance and sunsetting for instruments made under subsection 22(1) of the Liquid Fuel Emergency Act, as those exemptions are already covered by general exemptions in the tables in subsections 44(2) and 54(2) of the Legislative Instruments Act. Those exemptions will be consolidated into the Regulations. Accordingly, the legal effect of the exemptions will be preserved.

Item 348 - At the end of subsection 22(5)

396. Item 348 adds notes at the end of subsection 22(5) of the Liquid Fuel Emergency Act. The notes explain that section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act do not apply to instruments made under section 22(1) of the Liquid Fuel Emergency Act, which are prescribed by regulation for the purposes of paragraphs 44(2)(b) and 54(2)(b) of the Legislation Act. These notes direct the reader to the relevant regulations where the sunsetting and disallowance exemptions are to be consolidated.

Item 349 - Subsection 22(8)

397. Item 349 repeals subsection 22(8) of the Liquid Fuel Emergency Act which provides that despite subsection 12(2) of the Legislative Instruments Act, instruments made under section 22 of the Liquid Fuel Emergency Act may be expressed to take effect from a date before they are registered. Subsection 22(8) is replaced with a new subsection which provides that subsection 12(2) of the Legislation Act does not apply to the instruments.

398. This new subsection 22(8) of the Liquid Fuel Emergency Act updates the reference to the Legislative Instruments Act to refer to the Legislation Act and updates the drafting of the subsection to reflect amendments to section 12 made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3), this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2), the operation of amended subsection 12(2) is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Item 350 - Subsection 23(5)

399. Item 350 amends subsection 23(5) of the Liquid Fuel Emergency Act to omit the references to section 42 and Part 6 of the Legislative Instruments Act. Section 42 and Part 6 deal with disallowance and sunsetting of legislative instruments respectively. This amendment removes an outdated reference to the Legislative Instruments Act. It also removes the exemptions from disallowance and sunsetting for instruments made under subsection 23(1) of the Liquid Fuel Emergency Act, as those exemptions are already covered by general exemptions in the tables in subsections 44(2) and 54(2) of the Legislative Instruments Act. Those exemptions will be consolidated into the Regulations. Accordingly, the legal effect of the exemptions will be preserved.

Item 351 - At the end of subsection 23(5)

400. Item 351 adds notes at the end of subsection 23(5) of the Liquid Fuel Emergency Act. The notes explain that section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act do not apply to instruments made under section 23(1) of the Liquid Fuel Emergency Act, which are prescribed by regulation for the purposes of paragraphs 44(2)(b) and 54(2)(b) of the Legislation Act. These notes direct the reader to the relevant regulations where sunsetting and disallowance exemptions are to be consolidated.

Item 352 - Subsection 23(8)

401. Item 352 repeals subsection 23(8) of the Liquid Fuel Emergency Act which provides that despite subsection 12(2) of the Legislative Instruments Act, instruments made under section 23 of the Liquid Fuel Emergency Act may be expressed to take effect from a date before they are registered. Subsection 23(8) is replaced with a new subsection which provides that subsection 12(2) of the Legislation Act does not apply to the instruments.

402. This new subsection 23(8) of the Liquid Fuel Emergency Act updates the reference to the Legislative Instruments Act to refer to the Legislation Act and updates the drafting of the subsection to reflect amendments to section 12 made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3), this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2), the operation of amended subsection 12(2) is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Item 353 - Subsection 24(5)

403. Item 353 amends subsection 24(5) of the Liquid Fuel Emergency Act to omit the references to section 42 and Part 6 of the Legislative Instruments Act. Section 42 and Part 6 deal with disallowance and sunsetting of legislative instruments respectively. This amendment removes an outdated reference to the Legislative Instruments Act. It also removes the exemptions from disallowance and sunsetting for instruments made under subsection 24(1) of the Liquid Fuel Emergency Act, as those exemptions are already covered by general exemptions in the tables in subsections 44(2) and 54(2) of the Legislative Instruments Act. Those exemptions will be consolidated into the Regulations. Accordingly, the legal effect of the exemptions will be preserved.

Item 354 - At the end of subsection 24(5)

404. Item 354 adds notes at the end of subsection 24(5) of the Liquid Fuel Emergency Act. The notes explain that section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act do not apply to instruments made under section 24(1) of the Liquid Fuel Emergency Act, which are prescribed by regulation for the purposes of paragraphs 44(2)(b) and 54(2)(b) of the Legislation Act. These notes direct the reader to the relevant regulations where the sunsetting and disallowance exemptions are to be consolidated.

Item 355 - Subsection 24(8)

405. Item 355 repeals subsection 24(8) of the Liquid Fuel Emergency Act which provides that despite subsection 12(2) of the Legislative Instruments Act, instruments made under section 24 of the Liquid Fuel Emergency Act may be expressed to take effect from a date before they are registered. Subsection 24(8) is replaced with a new subsection which provides that subsection 12(2) of the Legislation Act does not apply to the instruments.

406. This new subsection 24(8) of the Liquid Fuel Emergency Act updates the reference to the Legislative Instruments Act to refer to the Legislation Act and updates the drafting of the subsection to reflect amendments to section 12 made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3), this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2), the operation of amended subsection 12(2) is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Local Government (Financial Assistance) Act 1995

Item 356 - Subsection 6(6)

407. Item 356 amends subsection 6(6) of the Local Government (Financial Assistance) Act 1995 to omit the references to section 42 and Part 6 of the Legislative Instruments Act. Section 42 and Part 6 deal with disallowance and sunsetting of legislative instruments respectively. This amendment removes an outdated reference to the Legislative Instruments Act. It also removes the exemptions from disallowance and sunsetting for instruments made under section 6 of the Local Government (Financial Assistance) Act, as those exemptions already fall within subsections 44(1) and 54(1) of the Legislative Instruments Act. Accordingly, the legal effect of the exemptions will be preserved.

Item 357 - At the end of subsection 6(6)

408. Item 357 adds notes at the end of subsection 6(6) of the Local Government (Financial Assistance) Act. The notes explain that section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act do not apply to instruments made under section 6 of the Local Government (Financial Assistance) Act as they are exempted under subsections 44(1) and 54(1) of the Legislative Instruments Act. This note directs the reader to the Legislation Act where this exemption will be preserved.

Low Aromatic Fuel Act 2013

Item 358 - Subsection 9(1) (note 2)

409. Item 358 amends note 2 to subsection 9(1) of the Low Aromatic Fuel Act 2013 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Marine Safety (Domestic Commercial Vessel) National Law Act 2012

Item 359 - Section 164

410. Item 359 amends section 164 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 360 - Subsection 165(5)

411. Item 360 repeals subsection 165(5) of the Marine Safety (Domestic Commercial Vessel) National Law Act which provides that despite subsection 12(2) of the Legislative Instruments Act, instruments made under section 165 of the Marine Safety (Domestic Commercial Vessel) National Law Act may be expressed to take effect from a date before they are registered. Subsection 165(5) is replaced with a new subsection which provides that subsection 12(2) of the Legislation Act does not apply to the instruments.

412. This new subsection 165(5) of the Marine Safety (Domestic Commercial Vessel) National Law Act updates the reference to the Legislative Instruments Act to refer to the Legislation Act and updates the drafting of the subsection to reflect amendments to section 12 made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3), this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2), the operation of amended subsection 12(2) is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Item 361 - Paragraph 165(6)(a)

413. Item 361 repeals paragraph 165(6)(a) of the Marine Safety (Domestic Commercial Vessel) National Law Act and substitutes a new paragraph to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Medibank Private Sale Act 2006

Item 362 - At the end of subsections 3(3) and (4)

414. Item 362 adds a note at the end of subsections 3(3) and 3(4) of the Medibank Private Sale Act 2006 to inform the reader that the Legislative Instruments Act was renamed to the Legislation Act after the declaration was made under subsection 3(1) of the Medibank Private Sale Act.

Item 363 - At the end of subitems 5(5) and 6(7) of Schedule 2

415. Item 363 adds a note at the end of subitems 5(5) and 6(7) of Schedule 2 to the Medibank Private Sale Act to inform the reader that the Legislative Instruments Act was renamed to the Legislation Act after the instruments were made under subitem 5(4) and subparagraph 6(1)(i)(i) of Schedule 2 to the Medibank Private Sale Act.

Medical Indemnity Act 2002

Item 364 - Subsection 4(1)

416. Item 364 adds a definition for Federal Register of Legislation to subsection 4(1) of the Medical Indemnity Act 2002 to reflect the Register's establishment by the Legislation Act.

Item 365 - Subsection 4(1) (definition of Federal Register of Legislative Instruments )

417. Item 365 repeals the definition of Federal Register of Legislative Instruments at subsection 4(1) of the Medical Indemnity Act to reflect Part 4 (Federal Register of Legislative Instruments) of the Legislative Instruments Act being repealed by the Acts and Instruments (Framework Reform) Act.

Item 366 - Subsection 29(2)

418. Item 366 amends subsection 29(2) of the Medical Indemnity Act to reflect changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, by changing 'take effect' to 'commence'. This item also replaces the reference to the Federal Register of Legislative Instruments under the Legislative Instruments Act with a reference to the Federal Register of Legislation under the Legislation Act.

Item 367 - Subsection 30(1A)

419. Item 367 amends subsection 30(1A) of the Medical Indemnity Act to reflect changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, by changing 'take effect' to 'commence'.

Item 368 - Subsection 30(3)

420. Item 368 amends subsection 30(3) of the Medical Indemnity Act to replace the reference to the Federal Register of Legislative Instruments under the Legislative Instruments Act with a reference to the Federal Register of Legislation under the Legislation Act. The amendment is consequential on Part 4 (Federal Register of Legislative Instruments) of the Legislative Instruments Act being repealed by the Acts and Instruments (Framework Reform) Act, and section 15A of the Legislation Act providing for the Federal Register of Legislation.

Item 369 - Subsection 34(2)

421. Item 369 amends subsection 34(2) of the Medical Indemnity Act to reflect changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, by changing 'take effect' to 'commence'. This item also replaces the reference to the Federal Register of Legislative Instruments under the Legislative Instruments Act with a reference to the Federal Register of Legislation under the Legislation Act.

Item 370 - Subsections 34F(2) to (4)

422. Item 370 repeals subsections 34F(2) to (4) of the Medical Indemnity Act and substitutes new subsections to reflect changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act by changing all references to 'take(s) effect' to references to 'commence(s)'. This item also replaces references to the Federal Register of Legislative Instruments under the Legislative Instruments Act with references to the Federal Register of Legislation under the Legislation Act.

Item 371 - Subsections 34G(2) and 34ZB(4)

423. Item 371 amends subsections 34G(2) and 34ZB(4) of the Medical Indemnity Act to replace the references to the Federal Register of Legislative Instruments under the Legislative Instruments Act with references to the Federal Register of Legislation under the Legislation Act. The amendment is consequential on Part 4 (Federal Register of Legislative Instruments) of the Legislative Instruments Act being repealed by the Acts and Instruments (Framework Reform) Act, and section 15A of the Legislation Act providing for the Federal Register of Legislation.

Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010

Item 372 - Subsection 5(1)

424. Item 372 adds a definition for Federal Register of Legislation to subsection 5(1) of the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010 to reflect the Register's establishment by the Legislation Act.

Item 373 - Subsection 5(1) (definition of Federal Register of Legislative Instruments )

425. Item 373 repeals the definition of Federal Register of Legislative Instruments at subsection 5(1) of the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act to reflect Part 4 (Federal Register of Legislative Instruments) of the Legislative Instruments Act being repealed by the Acts and Instruments (Framework Reform) Act.

Item 374 - Subsections 10(3) and (4)

426. Item 374 amends subsections 10(3) and (4) of the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act to reflect changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, by changing the references to 'takes effect' with references to 'commences'.

Item 375 - Subsection 10(5)

427. Item 375 amends subsection 10(5) of the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act to reflect changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, by changing 'takes effect' to 'commences'. This item also replaces the reference to the Federal Register of Legislative Instruments under the Legislative Instruments Act with a reference to the Federal Register of Legislation under the Legislation Act.

Item 376 - Subsection 11(3B)

428. Item 376 repeals subsection 11(3B) of the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act which provides that, despite subsection 12(2) of the Legislative Instruments Act, instruments made under subsection 11(3A) of the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act may be expressed to take effect from a date before they are registered. Subsection 11(3B) of the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act is replaced with a new subsection, which provides that subsection 12(2) of the Legislation Act does not apply to the instruments.

429. The new subsection 11(3B) of the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act updates the reference to the Legislative Instruments Act with a reference to the Legislation Act, and updates the drafting of the subsection to reflect changes to section 12 of the Legislative Instruments Act made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Item 377 - Subsection 16(2)

430. Item 377 amends subsection 16(2) of the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act to reflect changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, by changing 'takes effect' to 'commence'.

Item 378 - Subsection 31(7)

431. Item 378 repeals subsection 31(7) of the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act which provides that, despite subsection 12(2) of the Legislative Instruments Act, instruments made under subsection 31(6) of the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act may be expressed to take effect from a date before they are registered. Subsection 31(7) of the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act is replaced with a new subsection, which provides that subsection 12(2) of the Legislation Act does not apply to the instruments.

432. The new subsection 31(7) of the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act updates the reference to the Legislative Instruments Act with a reference to the Legislation Act, and updates the drafting of the subsection to reflect changes to section 12 of the Legislative Instruments Act made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Item 379 - Subsection 90(4)

433. Item 379 amends subsection 90(4) of the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Migration Act 1958

Item 380 - Subsections 9A(7) and 39(1)

434. Item 380 amends subsections 9A(7) and 39(1) of the Migration Act 1958 to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Item 381 - Subsection 39A(4)

435. Item 381 amends subsection 39A(4) of the Migration Act to reflect changes to section 44 of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act and to update the reference to the Legislative Instruments Act with a reference to the Legislation Act. The current section 44 of the Legislative Instruments Act provides for exemptions from disallowance, with general exemptions provided under subsection 44(1) and specific exemptions listed in a table in subsection 44(2). The table of exemptions is omitted from the amended subsection 44(2) of the Legislation Act, and the exemptions are to be consolidated into the regulations. Accordingly, the reference to section 44 of the Legislative Instruments Act is updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003'.

Item 382 - Subsection 45AA(8)

436. Item 382 repeals subsection 45AA(8) of the Migration Act and substitutes a new subsection 45AA(8) to replace references to the Legislative Instruments Act with references to the Legislation Act.

Item 383 - Subsection 140GBC(5)

437. Item 383 amends subsection 140GBC(5) of the Migration Act to reflect changes to section 44 of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, and to update the reference to the Legislative Instruments Act with a reference to the Legislation Act. The current section 44 of the Legislative Instruments Act provides for exemptions from disallowance, with general exemptions provided under subsection 44(1) and specific exemptions listed in a table in subsection 44(2). The table of exemptions is omitted from the amended subsection 44(2) of the Legislation Act, and the exemptions are to be consolidated into the regulations. Accordingly, the reference to section 44 of the Legislative Instruments Act is updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003'.

Item 384 - Subsection 198AB(1B)

438. Item 384 amends subsection 198AB(1B) of the Migration Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 385 - Subsection 504(2)

439. Item 385 repeals subsection 504(2) of the Migration Act and substitutes a new subsection to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act. This item also replaces the reference to 'taking effect' with a reference to 'commencement', which reflects changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act.

Military Superannuation and Benefits Act 1991

Item 386 - Subsection 5A(3)

440. Item 386 repeals subsection 5A(3) of the Military Superannuation and Benefits Act 1991 which provides that subsection 12(2) of the Legislative Instruments Act does not apply to amendments referred to in subsection 5A(1) of the Military Superannuation and Benefits Act. Subsection 5A(3) is replaced with a new subsection, which provides that subsection 12(2) of the Legislation Act does not apply to the instruments.

441. This new subsection 5A(3) of the Military Superannuation and Benefits Act updates the reference to the Legislative Instruments Act with a reference to the Legislation Act, and updates the drafting of the subsection to reflect changes to section 12 of the Legislative Instruments Act made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Item 387 - Section 49 (heading)

442. Item 387 repeals the heading to section 49 of the Military Superannuation and Benefits Act and substitutes a new heading to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 388 - Section 49

443. Item 388 amends section 49 of the Military Superannuation and Benefits Act to reflect changes to section 44 of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, and to update the reference to the Legislative Instruments Act with a reference to the Legislation Act. The current section 44 of the Legislative Instruments Act provides for exemptions from disallowance, with general exemptions provided under subsection 44(1) and specific exemptions listed in a table in subsection 44(2). The table of exemptions is omitted from the amended subsection 44(2) of the Legislation Act, and the exemptions are to be consolidated into the regulations. Accordingly, the reference to section 44 of the Legislative Instruments Act is updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003'. This item also inserts '(disallowance)' after the reference to section 42 of the Legislation Act.

Mutual Assistance in Criminal Matters Act 1987

Item 389 - Subsection 13A(5)

444. Item 389 amends subsection 13A(5) of the Mutual Assistance in Criminal Matters Act 1987 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

National Blood Authority Act 2003

Item 390 - Subsection 10(3) (note)

445. Item 390 amends the note to subsection 10(3) of the National Blood Authority Act 2003 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

National Broadband Network Companies Act 2011

Item 391-392 - Subsection 41(1) (note 3) and 41(3) (note 2)

446. Items 391 and 392 amend note 3 to subsection 41(1) and note 2 to subsection 41(3) of the National Broadband Network Companies Act 2011 to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Item 393 - Subsections 49(7), 54(9), 55(7) and 85(3) and (4)

447. Item 393 amends subsections 49(7), 54(9), 55(7), and 85(3) and (4) of the National Broadband Network Companies Act to replace references to the Legislative Instruments Act with references to the Legislation Act.

Item 394 - After subsection 85(4)

448. Item 394 adds a new subsection after subsection 85(4) of the National Broadband Network Companies Act, which provides that subsection 12(2) of the Legislation Act does not apply to declarations made under subsection 85(2) of the National Broadband Network Companies Act.

449. The new subsection 85(4A) of the National Broadband Network Companies Act reflects changes to section 12 of the Legislative Instruments Act made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

National Disability Insurance Scheme Act 2013

Item 395 - Section 10 (note)

450. Item 395 amends the note to section 10 of the National Disability Insurance Scheme Act 2013 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 396 - Subsection 121(1) (note)

451. Item 396 repeals the note to subsection 121(1) of the National Disability Insurance Scheme Act and substitutes a new note to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act, and direct the reader to the relevant regulations where sunsetting and disallowance exemptions are to be consolidated.

Item 397 - Subsection 209(2)

452. Item 397 amends subsection 209(2) of the National Disability Insurance Scheme Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

National Environment Protection Council Act 1994

Item 398 - Subsection 21(2)

453. Item 398 amends subsection 21(2) of the National Environment Protection Council Act 1994 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

National Film and Sound Archive of Australia Act 2008

Item 399 - Subsection 42(1) (notes 1 and 2)

454. Item 399 repeals the notes to subsection 42(1) of the National Film and Sound Archive of Australia Act 2008, and substitutes new notes to replace the references to the Legislative Instruments Act with references to the Legislation Act, and direct the reader to the relevant regulations where sunsetting and disallowance exemptions are to be consolidated.

National Health Act 1953

Item 400 - Subsection 135AA(8)

455. Item 400 repeals subsection 135AA(8) of the National Health Act 1953 and substitutes a new subsection to reflect changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, by changing 'take effect' to 'commence'. This item also replaces the reference to the Legislative Instruments Act with a reference to the Legislation Act.

National Health Reform Act 2011

Item 401 - Section 5 (note at the end of the definition of local hospital network )

456. Item 401 amends the note at the end of the definition of local hospital network of section 5 of the National Health Reform Act 2011 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

National Health Security Act 2007 Items 402-403 - Subsections 60A(4) and (5), 60B(4) and (5)

457. Items 402 and 403 repeal subsections 60A(4) and (5), and 60B(4) and (5) of the National Health Security Act 2007, and substitute new subsections 60A(4), (5) and (5A), and 60B(4), (5) and (5A). This is to reflect changes made to section 12 of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, and to replace the references to 'take(s) effect' with references to 'commence(s)'. These items also replace references to the Legislative Instruments Act with references to the Legislation Act.

458. The new subsections 60A(5A) and 60B(5A) of the National Health Security Act provide that subsection 12(2) of the Legislation Act does not apply to the instruments made under subsections 60A(1A), (1) or (1B), or 60B(1) of the National Health Security Act. This is to reflect changes made to subsection 12(2) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislative Instruments Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

National Land Transport Act 2014

Item 404 - Subsection 5(4)

459. Item 404 amends subsection 5(4) of the National Land Transport Act 2014 to omit the references to section 42 and Part 6 of the Legislative Instruments Act, and replace them with a reference to section 42 (disallowance) of the Legislation Act. Part 6 deals with sunsetting of legislative instruments. The amendment removes an outdated reference to Part 6 of the Legislative Instruments Act. This amendment also removes the exemption from sunsetting for instruments made under section 5 of the National Land Transport Act, as that exemption is to be transferred to a consolidated list of sunsetting exemptions in the regulations. Accordingly, the legal effect of the sunsetting exemption will be preserved.

Item 405 - At the end of subsection 5(4)

460. Item 405 adds a new note at the end of subsection 5(4) of the National Land Transport Act to explain that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments made under section 5 of the National Land Transport Act, which are prescribed by regulation for the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the relevant regulations where the sunsetting exemptions are to be consolidated.

Item 406 - Subsection 6(3)

461. Item 406 amends subsection 6(3) of the National Land Transport Act to omit the references to section 42 and Part 6 of the Legislative Instruments Act, and replace them with a reference to section 42 (disallowance) of the Legislation Act. Part 6 deals with sunsetting of legislative instruments. The amendment removes an outdated reference to Part 6 of the Legislative Instruments Act. This amendment also removes the exemption from sunsetting for instruments made under section 6 of the National Land Transport Act, as that exemption is to be transferred to a consolidated list of sunsetting exemptions in the regulations. Accordingly, the legal effect of the sunsetting exemption will be preserved.

Item 407 - At the end of subsection 6(3)

462. Item 407 adds a new note at the end of subsection 6(3) of the National Land Transport Act to explain that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments made under section 6 of the National Land Transport Act, which are prescribed by regulation for the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the relevant regulations where the sunsetting exemptions are to be consolidated.

Item 408 - Section 7 (note)

463. Item 408 amends the note to section 7 of the National Land Transport Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 409 - Subsections 9(2), 15(4), 17(4), 24(3), 25(5) and 26(4)

464. Item 409 amends subsections 9(2), 15(4), 17(4), 24(3), 25(5) and 26(4) of the National Land Transport Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 410 - Subsection 27(4)

465. Item 410 amends subsection 27(4) of the National Land Transport Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

466. This item also amends the subsection to omit the references to section 42 and Part 6 of the Legislative Instruments Act, and replace them with a reference to section 42 (disallowance) of the Legislation Act. Part 6 deals with sunsetting of legislative instruments. The amendment removes an outdated reference to Part 6 of the Legislative Instruments Act. This amendment also removes the exemption from sunsetting for instruments made under section 27 of the National Land Transport Act, as that exemption is to be transferred to a consolidated list of sunsetting exemptions in the regulations. Accordingly, the legal effect of the sunsetting exemption will be preserved.

Item 411 - At the end of subsection 27(4)

467. Item 411 adds a new note at the end of subsection 27(4) of the National Land Transport Act to explain that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments made under section 27 of the National Land Transport Act, which are prescribed by regulation for the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the relevant regulations where the sunsetting exemptions are to be consolidated.

Item 412 - Subsection 27(5)

468. Item 412 amends subsection 27(5) of the National Land Transport Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 413 - Subsections 29(2), 35(4), 37(4) and 43(4)

469. Item 413 amends subsections 29(2), 35(4), 37(4) and 43(4) of the National Land Transport Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 414 - Subsection 44(4)

470. Item 414 amends subsection 44(4) of the National Land Transport Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

471. This item also amends the subsection to omit the references to section 42 and Part 6 of the Legislative Instruments Act, and replace them with a reference to section 42 (disallowance) of the Legislation Act. Part 6 deals with sunsetting of legislative instruments. The amendment removes an outdated reference to Part 6 of the Legislative Instruments Act. This amendment also removes the exemption from sunsetting for instruments made under section 44 of the National Land Transport Act, as that exemption is to be transferred to a consolidated list of sunsetting exemptions in the regulations. Accordingly, the legal effect of the sunsetting exemption will be preserved.

Item 415 - At the end of subsection 44(4)

472. Item 415 adds a new note at the end of subsection 44(4) of the National Land Transport Act to explain that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments made under section 44 of the National Land Transport Act, which are prescribed by regulation for the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the relevant regulations where the sunsetting exemptions are to be consolidated.

Item 416 - Subsection 44(5)

473. Item 416 amends subsection 44(5) of the National Land Transport Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 417 - Subsections 46(6), 70(2), 76(4), 78(4) and 85(4)

474. Item 417 amends subsections 46(6), 70(2), 76(4), 78(4) and 85(4) of the National Land Transport Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 418 - Subsection 86(4)

475. Item 418 amends subsection 86(4) of the National Land Transport Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

476. This item also amends the subsection to omit the references to section 42 and Part 6 of the Legislative Instruments Act, and replace them with a reference to section 42 (disallowance) of the Legislation Act. Part 6 deals with sunsetting of legislative instruments. The amendment removes an outdated reference to Part 6 of the Legislative Instruments Act. This amendment also removes the exemption from sunsetting for instruments made under section 86 of the National Land Transport Act, as that exemption is to be transferred to a consolidated list of sunsetting exemptions in the regulations. Accordingly, the legal effect of the sunsetting exemption will be preserved.

Item 419 - At the end of subsection 86(4)

477. Item 419 adds a new note at the end of subsection 86(4) of the National Land Transport Act to explain that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments made under section 86 of the National Land Transport Act, which are prescribed by regulation for the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the relevant regulations where the sunsetting exemptions are to be consolidated.

Item 420 - Subsections 86(5), 87(2) and 88(5)

478. Item 420 amends subsections 86(5), 87(2) and 88(5) of the National Land Transport Act to replace references to the Legislative Instruments Act with references to the Legislation Act.

Item 421 - Subsection 89(5)

479. Item 421 amends subsection 89(5) of the National Land Transport Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 422 - Subsection 90(6)

480. Item 422 amends subsection 90(6) of the National Land Transport Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

481. This item also amends the subsection to omit the references to section 42 and Part 6 of the Legislative Instruments Act, and replace them with a reference to section 42 (disallowance) of the Legislation Act. Part 6 deals with sunsetting of legislative instruments. The amendment removes an outdated reference to Part 6 of the Legislative Instruments Act. This amendment also removes the exemption from sunsetting for instruments made under section 90 of the National Land Transport Act, as that exemption is to be transferred to a consolidated list of sunsetting exemptions in the regulations. Accordingly, the legal effect of the sunsetting exemption will be preserved.

Item 423 - At the end of subsection 90(6)

482. Item 423 adds a new note at the end of subsection 90(6) of the National Land Transport Act to explain that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments made under section 90 of the National Land Transport Act, which are prescribed by regulation for the purposes of paragraph 54(2)(b) of the Legislation Act. This note directs the reader to the relevant regulations where the sunsetting exemptions are to be consolidated.

Item 424 - Subsection 90(7)

483. Item 424 amends subsection 90(7) of the National Land Transport Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 425 - Subsection 91(4)

484. Item 425 amends subsection 91(4) of the National Land Transport Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

National Portrait Gallery of Australia Act 2012

Item 426 - Subsection 50(1) (note)

485. Item 426 repeals the note to subsection 50(1) of the National Portrait Gallery of Australia Act 2012 and substitutes a new note to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act, and direct the reader to the relevant regulations where sunsetting and disallowance exemptions are to be consolidated.

National Rental Affordability Scheme Act 2008

Item 427 - Subsection 12(1)

486. Item 427 omits the number (1) from subsection 12(1) of the National Rental Affordability Scheme Act 2008 as subsection 12(2) of the National Rental Affordability Scheme Act is being repealed by item 428 without being substituted, and there are no other existing subsections in that section.

Item 428 - Subsection 12(2)

487. Item 428 repeals subsection 12(2) of the National Rental Affordability Scheme Act which, prior to its repeal, provided that, despite subsection 12(2) of the Legislative Instruments Act, regulations made before 1 July 2009 under the National Rental Affordability Scheme Act may be expressed to take effect from a date before they are registered. The first set of regulations made under the National Rental Affordability Scheme Act relied on this provision and provided that the National Rental Affordability Scheme Regulations 2008 were taken to have commenced on 1 July 2008 (Regulation 2), which enabled allocations under the scheme to have been taken to have operated back to that date under paragraph 14(1)(a) of the National Rental Affordability Scheme Regulations. Subsection 12(2) of the National Rental Affordability Scheme Act is no longer necessary as 1 July 2009 has passed, and no new regulations are therefore able to be made before that date. As such, the subsection is spent and its repeal does not alter existing arrangements, including in relation to allocations under the National Rental Affordability Scheme that were taken to have operated before the day an allocation was made by the Secretary.

National Security Information (Criminal and Civil Proceedings) Act 2004

Item 429 - Subsections 6A(6), 26(6), 28(9), 38F(8), 38H(10) and 39A(7)

488. Item 429 amends subsections 6A(6), 26(6), 28(9), 38F(8), 38H(10) and 39A(7) of the National Security Information (Criminal and Civil Proceedings) Act 2004 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

National Vocational Education and Training Regulator Act 2011

Item 430 - Subsection 7(3) (note)

489. Item 430 repeals the note to subsection 7(3) of the National Vocational Education and Training Regulator Act 2011 and substitutes a new note to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act, and direct the reader to the relevant regulations where disallowance exemptions are to be consolidated. Items 431-432 - Subsection 54(1) (note) and 157(3) (note 2)

490. Items 431 and 432 repeal the note to subsection 54(1) and note 2 to subsection 157(3) of the National Vocational Education and Training Regulator Act, and substitute new notes to replace the references to the Legislative Instruments Act with references to the Legislation Act, and direct the reader to the relevant regulations where sunsetting and disallowance exemptions are to be consolidated.

Item 433 - Subsection 158(3)

491. Item 433 amends subsection 158(3) of the National Vocational Education and Training Regulator Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act. Items 434-437 - Subsections 160(1) and 181(1) (note), and subsections 185(1), 186(1), 187(1), 188(1) and 189(1) (note 1)

492. Items 434 to 437 repeal the notes to subsections 160(1) and 181(1), and notes 1 to subsections 185(1), 186(1), 187(1), 188(1) and 189(1) of the National Vocational Education and Training Regulator Act, and substitute new notes to replace the references to the Legislative Instruments Act with references to the Legislation Act, and direct the reader to the relevant regulations where sunsetting and disallowance exemptions are to be consolidated.

Item 438 - Subsection 191A(2)

493. Item 438 amends subsection 191A(2) of the National Vocational Education and Training Regulator Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 439 - Subsection 232(1) (note)

494. Item 439 repeals the note to subsection 232(1) of the National Vocational Education and Training Regulator Act and substitutes a new note to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act, and direct the reader to the relevant Regulations where sunsetting and disallowance exemptions are to be consolidated.

Nation-building Funds Act 2008

Item 440 - Section 5 (note)

495. Item 440 amends the note to section 5 of the Nation-building Funds Act 2008 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 441 - subsections 14(5), 15(3) and 17(3)

496. Item 441 amends subsections 14(5), 15(3) and 17(3) of the Nation-building Funds Act to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Item 442 - Subsection 35(11) (notes 1 and 2)

497. Item 442 repeals the notes to subsection 35(11) of the Nation-building Funds Act and substitutes new notes to replace the references to the Legislative Instruments Act with references to the Legislation Act, and direct the reader to the relevant regulations where sunsetting and disallowance exemptions are to be consolidated.

Item 443 - Subsection 37(2) (note)

498. Item 443 amends the note to subsection 37(2) of the Nation-building Funds Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 444 - Subsection 134(3)

499. Item 444 amends subsection 134(3) of the Nation-building Funds Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 445 - Subsection 154(11) (notes 1 and 2)

500. Item 445 repeals the notes to subsection 154(11) of the Nation-building Funds Act and substitutes new notes to replace the references to the Legislative Instruments Act with references to the Legislation Act, and direct the reader to the relevant regulations where sunsetting and disallowance exemptions are to be consolidated.

Item 446 - Subsection 156(2) (note)

501. Item 446 amends the note to subsection 156(2) of the Nation-building Funds Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 447 - Subsections 216(5) and 217(3)

502. Item 447 amends subsections 216(5) and 217(3) of the Nation-building Funds Act to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Item 448 - Subsection 229(11) (notes 1 and 2)

503. Item 448 repeals the notes to subsection 229(11) of the Nation-building Funds Act and substitutes new notes to replace the references to the Legislative Instruments Act with references to the Legislation Act, and direct the reader to the relevant regulations where sunsetting and disallowance exemptions are to be consolidated.

Item 449 - Subsection 231(2) (note)

504. Item 449 amends the note to subsection 231(2) of the Nation-building Funds Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Native Title Act 1993

Item 450 - Subsections 203CA(6) and 203FE(3A)

505. Item 450 amends subsections 203CA(6) and 203FE(3A) of the Native Title Act 1993 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 451 - Section 253 (definition of Commonwealth Minister )

506. Item 451 amends section 253 of the Native Title Act to replace the reference to section 19A of the Acts Interpretation Act with a reference to section 19 of the Acts Interpretation Act. This amendment is consequential on amendments made by the Acts and Instruments (Framework Reform) Act.

Navigation Act 2012

Item 452 - Subsections 341(2) and 342(4)

507. Item 452 amends subsections 341(2) and 342(4) of the Navigation Act 2012 to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Item 453 - Subsections 58(2), 61(3), 66(8), 106(9), 574(10) and (11), 615(4), 616(11), 647(6), 654(2), 657(3) and (4) and 677(4)

508. Item 453 amends subsections 58(2), 61(3), 66(8), 106(9), 574(10) and (11), 615(4), 616(11), 647(6), 654(2), 657(3) and (4), and 677(4) of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 454 - Subsection 689(2) (note)

509. Item 454 amends the note to subsection 689(2) of the Offshore Petroleum and Greenhouse Gas Storage Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 455 - Subsections 691(4) and (5), 692(14) and 697(6), (7) and (8)

510. Item 455 amends subsections 691(4) and (5), 692(14) and 697(6), (7) and (8) of the Offshore Petroleum and Greenhouse Gas Storage Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 456 - Subclause 46(1) of Schedule 3 (note)

511. Item 456 amends the note to subclause 46(1) of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 457 - Subclause 46(3) of Schedule 3

512. Item 457 amends subclause 46(3) of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 458 - Paragraph 4(2)(b) of Schedule 6

513. Item 458 amends paragraph 4(2)(b) of Schedule 6 of the Offshore Petroleum and Greenhouse Gas Storage Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 459 - Subclause 7(1) of Schedule 6 (note 1)

514. Item 459 amends note 1 at subclause 7(1) of Schedule 6 of the Offshore Petroleum and Greenhouse Gas Storage Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 460 - Subclause 7(3) of Schedule 6

515. Item 460 amends subclause 7(3) of Schedule 6 of the Offshore Petroleum and Greenhouse Gas Storage Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Offshore Petroleum (Royalty) Act 2006

Item 461 - Subsections 6(5) and 14(4)

516. Item 461 amends subsections 6(5) and 14(4) of the Offshore Petroleum (Royalty) Act 2006 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Ombudsman Act 1976

Item 462 - Subsection 19ZE(4)

517. Item 462 amends subsection 19ZE(4) of the Ombudsman Act 1976 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995

Item 463 - Subsection 4A(8)

518. Item 463 amends subsection 4A(8) of the Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Ozone Protection and Synthetic Greenhouse Gas Management Act 1989

Item 464 - Subsections 8D(2) and 13(6B)

519. Item 464 amends subsections 8D(2) and 13(6B) of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Item 465 - Subsection 45(9)

520. Item 465 amends subsection 45(9) of the Ozone Protection and Synthetic Greenhouse Gas Management Act to reflect changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, by changing 'takes effect' to 'commences'. It also replaces the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 466 - Subsection 69F(10) (heading)

521. Item 466 repeals the heading to subsection 69F(10) of the Ozone Protection and Synthetic Greenhouse Gas Management Act, and substitutes a new heading to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 467 - Subclause 10(1A) of Schedule 4 (note)

522. Item 467 amends the note to subclause 10(1A) of Schedule 4 to the Ozone Protection and Synthetic Greenhouse Gas Management Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Parliamentary Contributory Superannuation Act 1948

Item 468 - Subsection 22CK(2)

523. Item 468 amends section 22CK(2) of the Parliamentary Contributory Superannuation Act 1948 to reflect changes to section 44 of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, and to update the reference to the Legislative Instruments Act to refer to the Legislation Act. The current section 44 of the Legislative Instruments Act provides for exemptions from disallowance, with general exemptions provided under subsection 44(1) and specific exemptions listed in a table in subsection 44(2). The table of exemptions is omitted from the amended subsection 44(2) of the Legislation Act, and the exemptions are to be consolidated into the regulations. Accordingly, the reference to section 44 of the Legislative Instruments Act is updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003'. This item also inserts '(disallowance)' after the reference to section 42 of the Legislation Act.

Parliamentary Service Act 1999 Items 469-471 - Subsection 20(5), 23(1) and 24(3) (note)

524. Items 469 to 471 repeal the notes to subsections 20(5), 23(1) and 24(3) of the Parliamentary Service Act 1999 and substitute new notes to replace the references to the Legislative Instruments Act with references to the Legislation Act, and direct the reader to the relevant regulations where sunsetting and disallowance exemptions are to be consolidated.

Patents Act 1990

Item 472 - Subsection 29B(6)

525. Item 472 amends subsection 29B(6) of the Patents Act 1990 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act. Items 473-474 - Paragraph 136E(3)(b) and subsection 228(5)

526. Items 473 and 474 amend paragraph 136E(3)(b) and subsection 228(5) of the Patents Act to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Personally Controlled Electronic Health Records Act 2012

Item 475 - Subsection 111(2) (note)

527. Item 475 amends the note to subsection 111(2) of the Personally Controlled Electronic Health Records Act 2012 to replace the reference to Part 3 of the Legislative Instruments Act with a reference to section 17 of the Legislation Act. This reflects amendments made by the Acts and Instruments (Framework Reform) Act to Part 3 and section 17 of the Legislative Instruments Act, and directs the reader to the section that outlines consultation requirements.

Personal Property Securities Act 2009

Item 476 - Subsection 306(6)

528. Item 476 amends subsection 306(6) of the Personal Property Securities Act 2009 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Petroleum Excise (Prices) Act 1987

Item 477 - Subsection 4(1C)

529. Item 477 repeals subsection 4(1C) of the Petroleum Excise (Prices) Act 1987 which provides that, despite subsection 12(2) of the Legislative Instruments Act, regulations made for the purposes of the Petroleum Excise (Prices) Act in relation to condensate may be expressed to take effect from a date before they are registered. Subsection 4(1C) of the Petroleum Excise (Prices) Act is replaced with a new subsection, which provides that subsection 12(2) of the Legislation Act does not apply to regulations made for the purposes of the Petroleum Excise (Prices) Act in relation to condensate.

530. The new subsection 4(1C) of the Petroleum Excise (Prices) Act updates the reference to the Legislative Instruments Act with a reference to the Legislation Act, and updates the drafting of the subsection to reflect amendments to section 12 of the Legislative Instruments Act made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Petroleum Resource Rent Tax Assessment Act 1987

Item 478 - Subsection 36B(4)

531. Item 478 amends subsection 36B(4) of the Petroleum Resource Rent Tax Assessment Act 1987 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Privacy Act 1988

Item 479 - Subsection 6C(1) (note 2 at the end of the definition of organisation )

532. Item 479 amends note 2 at the end of the definition of organisation in subsection 6C(1) of the Privacy Act 1988 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 480 - Subsections 6E(1) and (2) and 6F(1) (note 2)

533. Item 480 amends note 2 to subsections 6E(1) and (2), and 6F(1) of the Privacy Act to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Item 481 - Subsection 26B(3) (not including the note)

534. Item 481 repeals subsection 26B(3) of the Privacy Act which provides that ,despite subsection 12(2) of the Legislative Instruments Act, a registered Australian Privacy Principle code (APP code) may be expressed to take effect from a date before it is registered. Subsection 26B(3) of the Privacy Act is replaced with a new subsection, which provides that subsection 12(2) of the Legislation Act does not apply to a registered APP code.

535. The new subsection 26B(3) of the Privacy Act updates the reference to the Legislative Instruments Act with a reference to the Legislation Act, and updates the drafting of the subsection to reflect amendments to section 12 of the Legislative Instruments Act made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Item 482 - Subsection 26M(3)

536. Item 482 repeals subsection 26M(3) of the Privacy Act which provides that, despite subsection 12(2) of the Legislative Instruments Act, the registered Credit Reporting code (CR code) may be expressed to take effect from a date before it is registered. Subsection 26M(3) of the Privacy Act is replaced with a new subsection, which provides that subsection 12(2) of the Legislation Act does not apply to a registered CR code.

537. The new subsection 26M(3) of the Privacy Act updates the reference to the Legislative Instruments Act with a reference to the Legislation Act, and updates the drafting of the subsection to reflect amendments to section 12 of the Legislative Instruments Act made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Product Stewardship Act 2011

Item 483 - Subsections 19(3B) and 39(3)

538. Item 483 amends subsections 19(3B) and 39(3) of the Product Stewardship Act 2011 to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Product Stewardship (Oil) Act 2000

Item 484 - Subsection 10(5)

539. Item 484 amends subsection 10(5) of the Product Stewardship (Oil) Act 2000 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Protection of Cultural Objects on Loan Act 2013

Item 485 - Section 5 (note at the end of the definition of borrowing institution )

540. Item 485 amends the note at the end of the definition of borrowing institution in section 5 of the Protection of Cultural Objects on Loan Act 2013, to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Public Governance and Resources Legislation Amendment Act (No. 1) 2015

Item 486 - Item 1 of Schedule 7

541. Item 486 repeals item 1 of Schedule 7 to the Public Governance and Resources Legislation Amendment Act (No. 1) 2015, and substitutes a new item 1. This is to reflect changes made to section 12 of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, and to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

542. The new item 1 of Schedule 1 to the Public Governance and Resources Legislation Amendment Act (No. 1) provides that subsection 12(2) of the Legislation Act does not apply to the amending instrument. This reflects changes made to subsection 12(2) of the Legislative Instruments Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Public Governance, Performance and Accountability Act 2013

Item 487 - Subsections 22(4), 57(2), 58(9) and 59(4)

543. Item 487 amends subsections 22(4), 57(2), 58(9) and 59(4) of the Public Governance, Performance and Accountability Act 2013 to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Item 488 - Subsection 75(7) (heading)

544. Item 488 repeals the heading to subsection 75(7) of the Public Governance, Performance and Accountability Act and substitutes a new heading to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 489 - Subsection 75(7)

545. Item 489 amends subsection 75(7) of the Public Governance, Performance and Accountability Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 490 - Subsection 75(8)

546. Item 490 amends subsection 75(8) of the Public Governance, Performance and Accountability Act to reflect changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, by changing 'take effect' to 'commence'.

Item 491 - Subsection 75(9)

547. Item 491 repeals subsection 75(9) of the Public Governance, Performance and Accountability Act and substitutes new subsections 75(9) and (9A). This is to reflect changes made to section 12 of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, and to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

548. The new subsection 75(9A) of the Public Governance, Performance and Accountability Act provides that subsection 12(2) of the Legislation Act does not apply to a determination under subsection 75(2) of the Public Governance, Performance and Accountability Act. This reflects changes made to subsection 12(2) of the Legislative Instruments Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Item 492 - Subsection 79(2)

549. Item 492 amends subsection 79(2) of the Public Governance, Performance and Accountability Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 493 - Subsection 79(5)

550. Item 493 amends subsection 79(5) of the Public Governance, Performance and Accountability Act to reflect changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act by changing 'take effect' to 'commences'.

Item 494 - Subsections 93(4), 101(4), 105B(2) and 105C(2)

551. Item 494 amends subsections 93(4), 101(4), 105B(2) and 105C(2) of the Public Governance, Performance and Accountability Act to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014

Item 495 - Item 5 of Schedule 14

552. Item 495 repeals item 5 of Schedule 14 to the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 and substitutes a new item 5. This is to reflect changes made to section 12 of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, and to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

553. The new item 5 of Schedule 14 to the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act provides that subsection 12(2) of the Legislation Act does not apply to the amending instrument. This reflects changes made to subsection 12(2) of the Legislative Instruments Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Public Interest Disclosure Act 2013

Item 496 - Subsection 32(3) (note)

554. Item 496 amends the note to subsection 32(2) of the Public Interest Disclosure Act 2013 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Public Service Act 1999

Items 497-500 - Subsections 21(2), 23(1), 24(3) and 41(2) (note)

555. Items 497 to 500 repeal the notes to subsection 21(2), 23(1), 24(3) and 41(2) of the Public Service Act 1999 and substitute new notes to replace the references to the Legislative Instruments Act with references to the Legislation Act, and direct the reader to the relevant regulations where sunsetting and disallowance exemptions are to be consolidated.

Quarantine Act 1908

Item 501 - Subsections 64B(1), (3) and (4) (note)

556. Item 501 amends the notes to subsections 64B(1), (3) and (4) of the Quarantine Act 1908 to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Item 502 - Subsection 64D(3)

557. Item 502 repeals subsection 64D(3) of the Quarantine Act and substitutes a new subsection to reflect changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, by changing 'take effect' to 'commence'. This item also replaces the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Remuneration Tribunal Act 1973

Item 503 - Subsection 7(8AA)

558. Item 503 amends subsection 7(8AA) of the Remuneration Tribunal Act 1973 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Renewable Energy (Electricity) Act 2000 Items 504-505 - Paragraph 30LA(6)(b) and subsection 160A(2)

559. Items 504 and 505 amend paragraph 30LA(6)(b) and subsection 160A(2) of the Renewable Energy (Electricity) Act 2000 to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Retirement Savings Accounts Act 1997

Item 506 - Subsection 45B(8)

560. Item 506 amends subsection 45B(8) of the Retirement Savings Accounts Act 1997 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 507 - Subsection 45B(9) (note)

561. Item 507 amends the note to subsection 45B(9) of the Retirement Savings Accounts Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Safety, Rehabilitation and Compensation Act 1988

Item 508 - Subsections 101(2) and 114D(4)

562. Item 508 amends subsections 101(2) and 114D(4) of the Safety, Rehabilitation and Compensation Act 1988 to replace the references to the Legislative Instruments Act with references to the Legislation Act, and insert '(disallowance)' after references to section 42 of the Legislative Instruments Act.

Safe Work Australia Act 2008

Item 509 - Subsection 46(1) (notes 1 and 2)

563. Item 509 repeals the notes to subsection 46(1) of the Safe Work Australia Act 2008 and substitutes new notes to replace the references to the Legislative Instruments Act with references to the Legislation Act, and direct the reader to the relevant regulations where sunsetting and disallowance exemptions are to be consolidated.

Schools Assistance Act 2008

Item 510 - At the end of subsection 15(2)

564. Item 510 adds a note at the end of subsection 15(2) of the Schools Assistance Act 2008 which explains that section 46B of the Acts Interpretation Act was repealed by the Acts and Instruments (Framework Reform) Act, and item 179 of Schedule 1 to that Act contains savings and transitional provisions for section 46B of the Acts Interpretation Act.

Item 511 - Subsections 17(4), 22(2), 67(5), 69(5) and 85(5)

565. Item 511 amends subsections 17(4), 22(2), 67(5), 69(5) and 85(5) of the Schools Assistance Act to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Item 512 - Subsection 92(2) (note)

566. Item 512 amends the note to subsection 92(2) of the Schools Assistance Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 513 - Subsection 92(5)

567. Item 513 repeals subsection 92(5) of the Schools Assistance Act which provides that, despite subsection 12(2) of the Legislative Instruments Act, instruments made under subsection 92(4) of the Schools Assistance Act may be expressed to take effect from a date before they are registered. Subsection 92(5) of the Schools Assistance Act is replaced with a new subsection, which provides that subsection 12(2) of the Legislation Act does not apply to the instruments.

568. The new subsection 92(5) of the Schools Assistance Act updates the reference to the Legislative Instruments Act with a reference to the Legislation Act, and updates the drafting of the subsection to reflect changes to section 12 of the Legislative Instruments Act made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Item 514 - Subsection 165(3)

569. Item 514 amends subsection 165(3) of the Schools Assistance Act to reflect changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, by changing 'take effect' to 'commence'.

Item 515 - Subsections 173(3) and (4) (note)

570. Item 515 amends the notes to subsections 173(3) and (4) of the Schools Assistance Act to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Schools Assistance (Learning Together-Achievement Through Choice and Opportunity) Act 2004

Item 516 - Section 4 (definition of eligible new arrival )

571. Item 516 repeals the second sentence of the definition of eligible new arrival in section 4 of the Schools Assistance (Learning Together-Achievement Through Choice and Opportunity) Act 2004, which provides that, despite subsection 12(2) of the Legislative Instruments Act, instruments made under subparagraph (c)(v) of the definition of eligible new arrival in section 4 of the Schools Assistance (Learning Together-Achievement Through Choice and Opportunity) Act may be expressed to take effect from a date before they are registered. This is replaced with a new sentence which provides that subsection 12(2) of the Legislation Act does not apply to the instruments.

572. The new sentence updates the reference to the Legislative Instruments Act to refer to the Legislation Act, and updates the drafting of the definition to reflect changes to section 12 of the Legislative Instruments Act made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Item 517 - Subsection 8(2)

573. Item 517 amends subsection 8(2) of the Schools Assistance (Learning Together - Achievement Through Choice and Opportunity) Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 518 - Subsection 140(2)

574. Item 518 repeals subsection 140(2) of the Schools Assistance (Learning Together - Achievement Through Choice and Opportunity) Act and substitutes a new subsection to reflect changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, by changing 'take effect' to 'commence'. This item also replaces the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Screen Australia Act 2008

Item 519 - Subsection 44(1) (notes 1 and 2)

575. Item 519 repeals notes to subsection 44(1) of the Screen Australia Act 2008 and substitutes new notes to replace the references to the Legislative Instruments Act with references to the Legislation Act, and direct the reader to the relevant regulations where sunsetting and disallowance exemptions are to be consolidated.

Screen Australia and the National Film and Sound Archive of Australia (Consequential and Transitional Provisions) Act 2008

Item 520 - Subitem 36(3) of Schedule 2

576. Item 520 repeals subitem 36(3) of Schedule 2 to the Screen Australia and the National Film and Sound Archive of Australia (Consequential and Transitional Provisions) Act 2008. This subitem is spent as it relates to 2008-09 transitional matters. Its repeal does not alter existing arrangements.

Shipping Reform (Tax Incentives) Act 2012

Item 521 - Subsection 25(2) (note 1)

577. Item 521 amends note 1 to subsection 25(2) of the Shipping Reform (Tax Incentives) Act 2012 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Social and Community Services Pay Equity Special Account Act 2012

Item 522 - Subsections 7(5), 8(8) and 9(2)

578. Item 522 amends subsections 7(5), 8(8) and 9(2) of the Social and Community Services Pay Equity Special Account Act 2012 to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Social Security Act 1991

Item 523 - Subsection 11A(12) (heading)

579. Item 523 repeals the heading to subsection 11A(12) of the Social Security Act 1991 and substitutes a new heading to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 524 - Subsection 92Q(1A)

580. Item 524 amends subsection 92Q(1A) of the Social Security Act to omit the phrase 'despite subsection 12(2) of the Legislative Instruments Act 2003', which removes an outdated reference to the Legislative Instruments Act. An exemption from subsection 12(2) of the Legislation Act is provided in new subsection 92Q(1B) of the Social Security Act, which is inserted by item 525 below.

Item 525 - After subsection 92Q(1A)

581. Item 525 adds a new subsection after subsection92Q(1A) of the Social Security Act, which provides that subsection 12(2) of the Legislation Act does not apply to the instruments made under subsection 92Q(1) of the Social Security Act.

582. The new subsection 92Q(1B) updates the drafting of the subsection to reflect changes to section 12 of the Legislative Instruments Act made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Item 526 - Subsections 500E(2) and 546(2)

583. Item 526 amends subsections 500E(2) and 546(2) of the Social Security Act to reflect changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, by changing 'take effect' to 'commence'.

Item 527 - Subsection 592N(2)

584. Item 527 amends subsection 592N(2) of the Social Security Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 528 - Subsection 600(2)

585. Item 528 amends subsection 600(2) of the Social Security Act to reflect changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, by changing 'take effect' to 'commence'.

Item 529 - Subsection 1061KA(7)

586. Item 529 amends subsection 1061KA(7) of the Social Security Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 530 - Subsections 1061K(3), 1061L(3) and 1061P(6)

587. Item 530 amends subsections 1061K(3), 1061L(3) and 1061P(6) of the Social Security Act to replace the references to the Legislative Instruments Act with references to the Legislation Act. This item also inserts '(disallowance)' after the reference to section 42 of the Legislation Act.

Item 531 - Subsection 1061ZZGH(1) (note 1)

588. Item 531 amends note 1 to subsection 1061ZZGH(1) of the Social Security Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 532 - Subsections 1157M(2), 1157R(2) and 1157U(2)

589. Item 532 repeals subsections 1157M(2), 1157R(2) and 1157U(2) of the Social Security Act and substitutes new subsections to replace the references to the Legislative Instruments Act with references to the Legislation Act. The subsections are also amended to reflect changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, by changing 'take effect' to 'commence'. References to the Federal Register of Legislative Instruments under the Legislative Instruments Act are also replaced with references to the Federal Register of Legislation under the Legislation Act. The amendment is consequential on Part 4 (Federal Register of Legislative Instruments) of the Legislative Instruments Act being repealed by the Acts and Instruments (Framework Reform) Act, and section 15A of the Legislation Act providing for the Federal Register of Legislation.

Item 533 - Subsection 1237AB(3)

590. Item 533 amends subsection 1237AB(3) of the Social Security Act to reflect changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, by changing 'take effect' to 'commence'.

Social Security (Administration) Act 1999

Item 534 - Subsection 202(5)

591. Item 534 amends subsection 202(5) of the Social Security (Administration) Act 1999 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act. The reference to 'take effect' is also changed to 'commence', as is consistent with the changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act.

Item 535 - Subclause 2(4) of Schedule 5

592. Item 535 amends subclause 2(4) of Schedule 5 to the Social Security (Administration) Act to replace the reference to the Federal Register of Legislative Instruments under the Legislative Instruments Act 2003, with a reference to the Federal Register of Legislation under the Legislation Act 2003. The amendment is consequential on Part 4 (Federal Register of Legislative Instruments) of the Legislative Instruments Act being repealed by the Acts and Instruments (Framework Reform) Act, and section 15A of the Legislation Act providing for the Federal Register of Legislation.

Stronger Futures in the Northern Territory Act 2012

Item 536 - Section 8 (subsection 75D(3) of the Liquor Act (NT))

593. Item 536 amends section 8 of the Stronger Futures in the Northern Territory Act 2012 (as it relates to subsection 75D(3) of the Liquor Act (NT)) to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Student Assistance Act 1973

Item 537 - Subsection 48(2)

594. Item 537 amends subsection 48(2) of the Student Assistance Act 1973 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Student Identifiers Act 2014

Item 538 - Subsections 4(2) and (3) (note)

595. Item 538 amends the notes to subsections 4(2) and (3) of the Student Identifiers Act 2014 to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Item 539 - Subsection 33(1) (note)

596. Item 539 repeals the note to subsection 33(1) of the Student Identifiers Act and substitutes a new note to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act, and direct the reader to the relevant regulations where sunsetting and disallowance exemptions are to be consolidated.

Item 540 - Subsection 53(3) (note)

597. Item 540 amends the note to subsection 53(3) of the Student Identifiers Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 541 - Subsection 55(4)

598. Item 541 amends subsection 55(4) of the Student Identifiers Act to omit the references to section 42 and Part 6 of the Legislative Instruments Act. Section 42 and Part 6 deal with disallowance and sunsetting of legislative instruments respectively. The amendment removes an outdated reference to the Legislative Instruments Act. It also removes the exemptions from disallowance and sunsetting for instruments made under subclause 4(1) of Schedule 1 to the Student Identifiers Act, as that exemption already falls within subsection 54(1) of the Legislative Instruments Act. Accordingly, the legal effect of the exemptions is preserved.

Item 542 - At the end of subsection 55(4)

599. Item 542 adds notes at the end of subsection 55(4) of the Student Identifiers Act to explain that neither section 42 (disallowance) nor Part 4 of Chapter 3 (sunsetting) of the Legislation Act apply to instruments made under subsections 5(4) of the Student Identifiers Act, as they are exempted under subsections 44(1) and 54(1) of the Legislation Act. The notes direct the reader to the Legislation Act where the exemptions will be preserved.

Item 543 - Subsection 57(3)

600. Item 543 amends subsection 57(3) of the Student Identifiers Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Superannuation Act 1922

Item 544 - Subsection 93DE(2)

601. Item 544 amends subsection 93DE(2) of the Superannuation Act 1922 to reflect changes to section 44 of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, and to update the reference to the Legislative Instruments Act with a reference to the Legislation Act. The current section 44 of the Legislative Instruments Act provides for exemptions from disallowance, with general exemptions provided under subsection 44(1) and specific exemptions listed in a table in subsection 44(2). The table of exemptions is omitted from the amended subsection 44(2) of the Legislation Act, and the exemptions are to be consolidated into the regulations. Accordingly, the reference to section 44 of the Legislative Instruments Act is updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003'.

Superannuation Act 1976 Items 545-547 - Subsections 3(1BD), 4A(1), 110G, 146MH(2), 238(2), 241(3) and242C(4)

602. Items 545 to 547 amend subsections 3(1BD), 4A(1), 110G, 146MH(2), 238(2), 241(3) and 242C(4) of the Superannuation Act 1976 to reflect changes to section 44 of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, and to update the references to the Legislative Instruments Act with references to the Legislation Act. The current section 44 of the Legislative Instruments Act provides for exemptions from disallowance, with general exemptions provided under subsection 44(1) and specific exemptions listed in a table in subsection 44(2). The table of exemptions is omitted from the amended subsection 44(2) of the Legislation Act, and the exemptions are to be consolidated into the regulations. Accordingly, the references to section 44 of the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003'.

Superannuation Act 1990

Item 548 - Subsection 5A(2)

603. Item 548 repeals subsection 5A(2) of the Superannuation Act 1990 which provides that, despite subsection 12(2) of the Legislative Instruments Act, instruments made under subsection 5A(1) of the Superannuation Act 1990 may be expressed to take effect from a date before they are registered. Subsection 5A(2) of the Superannuation Act is replaced with a new subsection, which provides that subsection 12(2) of the Legislation Act does not apply to the instruments.

604. The new subsection 5A(2) of the Superannuation Act updates the reference to the Legislative Instruments Act to refer to the Legislation Act, and updates the drafting of the subsection to reflect changes to section 12 of the Legislative Instruments Act made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Item 549 - Subsection 6(5) (note)

605. Item 549 amends the note to subsection 6(5) of the Superannuation Act 1990 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 550 - Subsection 6(7)

606. Item 550 amends subsection 6(7) of the Superannuation Act 1990 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 551 - Subsections 6(8) and 45(2)

607. Item 551 amends subsections 6(8) and 45(2) of the Superannuation Act 1990 to reflect changes to section 44 of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, and to update the references to the Legislative Instruments Act with references to the Legislation Act. The current section 44 of the Legislative Instruments Act provides for exemptions from disallowance, with general exemptions provided under subsection 44(1), and specific exemptions listed in a table in subsection 44(2). The table of exemptions is omitted from the amended subsection 44(2) of the Legislation Act, and the exemptions are to be consolidated into the regulations. Accordingly, the references to section 44 of the Legislative Instruments Act are updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003'. This item also inserts '(disallowance)' after the reference to section 42 of the Legislation Act.

Item 552 - Subsection 45(3)

608. Item 552 amends subsection 45(3) of the Superannuation Act 1990 to reflect changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act by changing 'have taken effect' to 'commence'.

Item 553 - Subsections 45(4) and (5)

609. Item 553 amends subsections 45(4) and (5) of the Superannuation Act 1990 to reflect changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, by changing 'take effect' to 'commence'.

Item 554 - Subsection 45(6)

610. Item 554 repeals subsection 45(6) of the Superannuation Act 1990 which provides that despite subsection 12(2) of the Legislative Instruments Act instruments made under paragraph 45(1)(e) of the Superannuation Act 1990 may be expressed to take effect from a date before they are registered. The subsection is replaced with a new subsection 45(6) of the Superannuation Act, which provides that subsection 12(2) of the Legislation Act does not apply to the instruments.

611. The new subsection 45(6) of the Superannuation Act updates the reference to the Legislative Instruments Act with a reference to the Legislation Act, and updates references to the Legislative Instruments Act with references to the Legislation Act, and updates the drafting of the subsection to reflect amendments to section 12 of the Legislative Instruments Act made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) of the Legislative Instruments Act provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3) of the Legislative Instruments Act, this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) of the Legislation Act provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) of the Legislation Act expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2) of the Legislative Instruments Act, the operation of amended subsection 12(2) of the Legislation Act is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Superannuation Act 2005

Item 555 - Subsection 4(3)

612. Item 555 amends subsection 4(3) of the Superannuation Act 2005 to reflect changes to section 44 of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, and to update the reference to the Legislative Instruments Act with a reference to the Legislation Act. The current section 44 of the Legislative Instruments Act provides for exemptions from disallowance, with general exemptions provided under subsection 44(1) and specific exemptions listed in a table in subsection 44(2). The table of exemptions is omitted from the amended subsection 44(2) of the Legislation Act, and the exemptions are to be consolidated into the regulations. Accordingly, the reference to section 44 of the Legislative Instruments Act is updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003'. This item also inserts '(disallowance)' after the reference to section 42 of the Legislation Act.

Item 556 - Subsection 5(2) (note)

613. Item 556 amends the note to subsection 5(2) of the Superannuation Act 2005 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 557 - Subsection 5(3)

614. Item 557 amends subsection 5(3) of the Superannuation Act 2005 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 558 - Subsection 5(4)

615. Item 558 amends subsection 5(4) of the Superannuation Act 2005 to reflect changes to section 44 of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, and to update the reference to the Legislative Instruments Act to refer to the Legislation Act. The current section 44 of the Legislative Instruments Act provides for exemptions from disallowance, with general exemptions provided under subsection 44(1) and specific exemptions listed in a table in subsection 44(2). The table of exemptions is omitted from the amended subsection 44(2) of the Legislation Act, and the exemptions are to be consolidated into the regulations. Accordingly, the reference to section 44 of the Legislative Instruments Act is updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003'. This item also inserts '(disallowance)' after the reference to section 42 of the Legislation Act.

Item 559 - Subsections 5(5) and (6)

616. Item 559 amends subsections 5(5) and (6) of the Superannuation Act 2005 to reflect changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act by changing 'have taken effect' to 'commence'.

Item 560 - Subsections 6(1) and (2) (note)

617. Item 560 amends the notes to subsection 6(1) and (2) of the Superannuation Act 2005 to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Item 561 - Subsection 6(3)

618. Item 561 amends subsection 6(3) of the Superannuation Act 2005 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 562 - Subsection 6(4)

619. Item 562 amends subsection 6(4) of the Superannuation Act 2005 to reflect changes to section 44 of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, and to update the reference to the Legislative Instruments Act to refer to the Legislation Act. The current section 44 of the Legislative Instruments Act provides for exemptions from disallowance, with general exemptions provided under subsection 44(1) and specific exemptions listed in a table in subsection 44(2). The table of exemptions is omitted from the amended subsection 44(2) of the Legislation Act, and the exemptions are to be consolidated into the regulations. Accordingly, the reference to section 44 of the Legislative Instruments Act is updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003'. This item also inserts '(disallowance)' after the reference to section 42 of the Legislation Act.

Item 563 - Subsection 7(1) (note)

620. Item 563 amends the note to subsection 7(1) of the Superannuation Act 2005 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 564 - Subsection 7(2)

621. Item 564 amends subsection 7(2) of the Superannuation Act 2005 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 565 - Subsection 7(3)

622. Item 565 amends subsection 7(3) of the Superannuation Act 2005 to reflect changes to section 44 of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, and to update the reference to the Legislative Instruments Act to refer to the Legislation Act. The current section 44 of the Legislative Instruments Act provides for exemptions from disallowance, with general exemptions provided under subsection 44(1) and specific exemptions listed in a table in subsection 44(2). The table of exemptions is omitted from the amended subsection 44(2) of the Legislation Act, and the exemptions are to be consolidated into the regulations. Accordingly, the reference to section 44 of the Legislative Instruments Act is updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003'. This item also inserts '(disallowance)' after the reference to section 42 of the Legislation Act.

Item 566 - Subsections 7(4) and (5)

623. Item 566 amends subsections 7(4) and (5) of the Superannuation Act 2005 to reflect changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act by changing 'have taken effect' to 'commence'.

Item 567 - Subsection 8(2) (note)

624. Item 567 amends the note to subsection 8(2) of the Superannuation Act 2005 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 568 - Subsection 8(5)

625. Item 568 amends subsection 8(5) of the Superannuation Act 2005 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 569 - Subsection 8(6)

626. Item 569 amends subsection 8(6) of the Superannuation Act 2005 to reflect changes to section 44 of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, and to update the reference to the Legislative Instruments Act to refer to the Legislation Act. The current section 44 of the Legislative Instruments Act provides for exemptions from disallowance, with general exemptions provided under subsection 44(1) and specific exemptions listed in a table in subsection 44(2). The table of exemptions is omitted from the amended subsection 44(2) of the Legislation Act, and the exemptions are to be consolidated into the regulations. Accordingly, the reference to section 44 of the Legislative Instruments Act is updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003'. This item also inserts '(disallowance)' after the reference to section 42 of the Legislation Act.

Item 570 - Subsection 8(7)

627. Item 570 amends subsection 8(7) of the Superannuation Act 2005 to reflect changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act by changing 'have taken effect' to 'commence'.

Item 571 - Subsection 10(2)

628. Item 571 amends subsection 10(2) of the Superannuation Act 2005 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act). This item also inserts '(disallowance)' after the reference to section 42 of the Legislation Act.

Item 572 - Subsection 11(3)

629. Item 572 amends subsection 11(3) of the Superannuation Act 2005 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 573 - Subsection 11(4)

630. Item 573 amends subsection 11(4) of the Superannuation Act 2005 to reflect changes to section 44 of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, and to update the reference to the Legislative Instruments Act to refer to the Legislation Act. The current section 44 of the Legislative Instruments Act provides for exemptions from disallowance, with general exemptions provided under subsection 44(1) and specific exemptions listed in a table in subsection 44(2). The table of exemptions is omitted from the amended subsection 44(2) of the Legislation Act, and the exemptions are to be consolidated into the regulations. Accordingly, the reference to section 44 of the Legislative Instruments Act is updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003'. This item also inserts '(disallowance)' after the reference to section 42 of the Legislation Act.

Item 574 - Subsections 13(1) and (2) (note)

631. Item 574 amends the notes to subsection 13(1) and (2) of the Superannuation Act 2005 to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Item 575 - Subsection 13(4)

632. Item 575 amends subsection 13(4) of the Superannuation Act 2005 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 576 - Subsection 13(5)

633. Item 576 amends subsection 13(5) of the Superannuation Act 2005 to reflect changes to section 44 of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, and to update the reference to the Legislative Instruments Act to refer to the Legislation Act. The current section 44 of the Legislative Instruments Act provides for exemptions from disallowance, with general exemptions provided under subsection 44(1) and specific exemptions listed in a table in subsection 44(2). The table of exemptions is omitted from the amended subsection 44(2) of the Legislation Act, and the exemptions are to be consolidated into the Regulations. Accordingly, the reference to section 44 of the Legislative Instruments Act is updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003'. This item also inserts '(disallowance)' after the reference to section 42 of the Legislation Act.

Item 577 - Subsections 13(6) and (7)

634. Item 577 amends subsections 13(6) and (7) of the Superannuation Act 2005 to reflect changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act by changing 'have taken effect' to 'commence'.

Item 578 - Subsection 16(1) (note)

635. Item 578 amends the note to subsection 16(1) of the Superannuation Act 2005 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 579 - Subsection 16(2)

636. Item 579 amends subsection 16(2) of the Superannuation Act 2005 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 580 - Subsection 16(3)

637. Item 580 amends subsection 16(3) of the Superannuation Act 2005 to reflect changes to section 44 of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act and to update the reference to the Legislative Instruments Act to refer to the Legislation Act. The current section 44 of the Legislative Instruments Act provides for exemptions from disallowance, with general exemptions provided under subsection 44(1) and specific exemptions listed in a table in subsection 44(2). The table of exemptions is omitted from the amended subsection 44(2) of the Legislation Act, and the exemptions are to be consolidated into the regulations. Accordingly, the reference to section 44 of the Legislative Instruments Act is updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003'. This item also inserts '(disallowance)' after the reference to section 42 of the Legislation Act.

Item 581 - Subsection 19(4)

638. Item 581 amends subsection 19(4) of the Superannuation Act 2005 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 582 - Subsection 19(5)

639. Item 582 amends subsection 19(5) of the Superannuation Act 2005 to reflect changes to section 44 of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, and to update the reference to the Legislative Instruments Act to refer to the Legislation Act. The current section 44 of the Legislative Instruments Act provides for exemptions from disallowance, with general exemptions provided under subsection 44(1) and specific exemptions listed in a table in subsection 44(2). The table of exemptions is omitted from the amended subsection 44(2) of the Legislation Act, and the exemptions are to be consolidated into the regulations. Accordingly, the reference to section 44 of the Legislative Instruments Act is updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003'. This item also inserts '(disallowance)' after the reference to section 42 of the Legislation Act.

Item 583 - Paragraph 32(1)(b)

640. Item 583 amends paragraph 32(1)(b) of the Superannuation Act 2005 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 584 - Subsections 34(5) and 39(3)

641. Item 584 amends subsections 34(5) and 39(3) of the Superannuation Act 2005 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

642. This item also amends the subsections to replace the references to the Legislative Instruments Act with references to the Legislation Act, and inserts '(disallowance)' after the reference to section 42 of the Legislation Act.

Superannuation Industry (Supervision) Act 1993

Item 585 - Subsection 34K(8)

643. Item 585 amends subsection 34K(8) of the Superannuation Industry (Supervision) Act 1993 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 586 - Subsection 34K(9) (note)

644. Item 586 amends the note to subsection 34K(9) of the Superannuation Industry (Supervision) Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 587 - Subsection 50(6) (heading)

645. Item 587 repeals the heading to subsection 50(6) of the Superannuation Industry (Supervision) Act and substitutes a new heading to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 588 - Subsections 50(6), 128Q(5) and 142(9)

646. Item 588 amends subsections 50(6), 128Q(5) and 142(9) of the Superannuation Industry (Supervision) Act to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Superannuation Legislation Amendment (Simplification) Act 2007

Item 589 - Section 4

647. Item 589 amends section 4 of the Superannuation Legislation Amendment (Simplification) Act 2007 to omit the phrase '(within the meaning of the Legislative Instruments Act 2003)'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Superannuation (Productivity Benefit) Act 1988

Item 590 - Section 9B

648. Item 590 amends Section 9B of the Superannuation (Productivity Benefit) Act 1988 to reflect changes to section 44 of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act and to update the reference to the Legislative Instruments Act to refer to the Legislation Act. The current section 44 of the Legislative Instruments Act provides for exemptions from disallowance, with general exemptions provided under subsection 44(1) and specific exemptions listed in a table in subsection 44(2). The table of exemptions is omitted from the amended subsection 44(2) of the Legislation Act, and the exemptions are to be consolidated into the Regulations. Accordingly, the reference to section 44 of the Legislative Instruments Act is updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003'. This item also inserts '(disallowance)' after the reference to section 42 of the Legislation Act.

Superannuation (Unclaimed Money and Lost Members) Act 1999 Items 591-594 - Subsections 18AA(1) (note 1), 20AA(2) (note), 20JA(1) (note 1) and 24HA(1) (note)

649. Items 591 to 594 amend note 1 to subsections 18AA(1), 20JA(1) and 24HA(1) and the note to subsection 20AA(2) of the Superannuation (Unclaimed Money and Lost Members) Act 1999 to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Surveillance Devices Act 2004

Item 595 - Subsections 12(6), 31(2), 33(4), 40(2), 42(7), 52(2) and 53(5)

650. Item 595 amends subsections 12(6), 31(2), 33(4), 40(2), 42(7), 52(2) and 53(5) of the Surveillance Devices Act 2004 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act 1901 (as amended by the Acts and Instruments (Framework Reform) Act).

Sydney Airport Demand Management Act 1997

Item 596 - Subsection 8(4)

651. Item 596 amends subsection 8(4) of the Sydney Airport Demand Management Act 1997 to replace the reference to Part 3 of the Legislative Instruments Act with a reference to section 17 of the Legislation Act. This updates the relevant reference to consultation requirements in section 17 of the Legislation Act to reflect amendments to Part 3 of the Legislative Instruments Act made by the Acts and Instruments (Framework Reform) Act.

Item 597 - Subsection 46(6)

652. Item 597 amends subsection 46(6) of the Sydney Airport Demand Management Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003)'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 598 - Subsection 59A(3) (note)

653. Item 598 amends the note to subsection 59A(3) of the Sydney Airport Demand Management Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 599 - Subsection 59A(5)

654. Item 599 amends subsection 59A(5) of the Sydney Airport Demand Management Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Tax Agent Services Act 2009

Item 600 - Subsections 90-5(2) and 90-10(2) (note)

655. Item 600 amends the notes to subsections 90-5(2) and 90-10(2) of the Tax Agent Services Act 2009 to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Taxation Administration Act 1953

Item 601 - Subsection 45-114(3) in Schedule 1 (note)

656. Item 601 amends the note to subsection 45-114(3) in Schedule 1 to the Taxation Administration Act 1953 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 602 - Subsection 133-130(3) in Schedule 1

657. Item 602 repeals subsection 133-130(3) in Schedule 1 of the Taxation Administration Act, which provides that despite subsection 12(2) of the Legislative Instruments Act instruments made under subsection 133-130(2) of the Taxation Administration Act may be expressed to take effect from any time on or after 1 July 2012. This is replaced with new subsections 133-130(3) and 133-130(4). The new subsection 133-130(3) provides that subsection 12(2) of the Legislation Act does not apply to the instruments. The new subsection 133-130(4) provides that despite subsection 12(3) of the Legislation Act, the instrument must not commence before 1 July 2012.

658. This new subsection 133-130(3) updates the reference to the Legislative Instruments Act to refer to the Legislation Act and updates the drafting of the subsection to reflect amendments to section 12 made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3), this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2), the operation of amended subsection 12(2) is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

659. Further, by expressly providing that instruments must not commence before 1 July 2012, the new subsection 133-130(3) displaces subsection 12(3) of the Legislation Act. It thus limits retrospective commencement to on or after 1 July 2012 to preserve the effect of subsection 133-130(3).

Item 603 - Subsection 355-55(1) in Schedule 1 (note 2)

660. Item 603 amends note 2 to subclause 355-55(1) of Schedule 1 to the Taxation Administration Act to replace the reference to section 19A of the Acts Interpretation Act with a reference to section 19. The current sections 19 and 19A of the Acts and Interpretation Act are repealed by the Acts and Instruments (Framework Reform) Act and replaced by the new section 19.

Telecommunications Act 1997

Item 604 - Subsection 69(8)

661. Item 604 amends subsection 69(8) of the Telecommunications Act 1997 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 605 - Subsections 87(4), 95(1) and 96(1) (note)

662. Item 605 amends the notes to subsections 87(4), 95(1) and 96(1) of the Telecommunications Act to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Item 606 - Subsections 102(7), 121(5) and 136B(4)

663. Item 606 amends subsections 102(7), 121(5) and 136B(4) of the Telecommunications Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 607 - Subsection 136C(5) (note)

664. Item 607 amends the note to subsection 136C(5) of the Telecommunications Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 608 - Subsection 136C(7)

665. Item 608 amends subsection 136C(7) of the Telecommunications Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of 'legislative instrument' is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 609 - Subsection 136E(1) (note)

666. Item 609 amends the note to subsection 136E(1) of the Telecommunications Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 610 - Subsection 136E(2)

667. Item 610 amends subsection 136E(2) of the Telecommunications Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act). Items 611-614 - Subsections 372B(1) (note 4), 372C(1) (note 3), 372K(1), (3), (5) and (7) (note), and 372N(1) (note)

668. Items 611 to 614 amend note 4 to subsection 372B(1), note 3 to subsection 372C(1) and the notes to subsections 372K(1), (3), (5) and (7) and 372N(1) of the Telecommunications Act to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Item 615 - Subsection 460(4A)

669. Item 615 amends subsection 460(4A) of the Telecommunications Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 616 - Subsection 572M(2) (note)

670. Item 616 amends the note to subsection 572M(2) of the Telecommunications Act to replace the reference to Part 3 of the Legislative Instruments Act with a reference to section 17 of the Legislation Act. This updates the relevant reference to consultation requirements in section 17 of the Legislation Act to reflect amendments to Part 3 of the Legislative Instruments Act made by the Acts and Instruments (Framework Reform) Act.

Item 617 - Subclause 47(6) of Schedule 1

671. Item 617 amends subclause 47(6) of Schedule 1 to the Telecommunications Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act). Items 618-620 - Notes to subclauses 6(3), 44(4) and (5), and 46(1) of Schedule 3

672. Items 618 to 620 amend the notes to subclauses 6(3), 44(4) and (5), and 46(1) of Schedule 3 to the Telecommunications Act to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Telecommunications (Carrier Licence Charges) Act 1997

Item 621 - Subsections 9(2), 14(2) and 15(2)

673. Item 621 amends subsections 9(2), 14(2) and 15(2) of the Telecommunications (Carrier Licence Charges) Act 1997 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Telecommunications (Consumer Protection and Service Standards) Act 1999

Item 622 - Subparagraphs 8J(2)(b)(ii) and 8K(2)(b)(ii)

674. Item 622 amends subparagraphs 8J(2)(b)(ii) and 8K(2)(b)(ii) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 623- Paragraph 9(2AAA)(b)

675. Item 623 amends paragraph 9(2AAA)(b) of the Telecommunications (Consumer Protection and Service Standards) Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 624 - Paragraph 9(2AA)(b)

676. Item 624 amends paragraph 9(2AA)(b) of the Telecommunications (Consumer Protection and Service Standards) Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 625 - Subsection 158P(8)

677. Item 625 amends subsection 158P(8) of the Telecommunications (Consumer Protection and Service Standards) Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

678. This item also amends the subsection to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act, and inserts '(disallowance)' after the reference to section 42 of the Legislation Act.

Telecommunications (Interception and Access) Act 1979

Item 626 - Subsection 6(2C)

679. Item 626 amends subsection 6(2C) of the Telecommunications (Interception and Access) Act 1979 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003)'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 627 - Subsection 6(2E)

680. Item 627 amends subsection 6(2E) of the Telecommunications (Interception and Access) Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Telecommunications (Numbering Charges) Act 1997

Item 628 - Subsections 15(2) and 22(3) (note)

681. Item 628 amends the notes to subsections 15(2) and 22(3) of the Telecommunications (Numbering Charges) Act 1997 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Telstra Corporation Act 1991

Item 629 - Subsection 8AJ(3B)

682. Item 629 amends subsection 8AJ(3B) of the Telstra Corporation Act 1991 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

683. This item also amends subsection 8AJ(3B) to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act, and inserts '(disallowance)' after the reference to section 42.

Item 630 - Subsection 8AJ(6C)

684. Item 630 amends subsection 8AJ(6C) of the Telstra Corporation Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003)'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 631 - Subsection 8AJA(7)

685. Item 631 amends subsection 8AJA(7) of the Telstra Corporation Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

686. This item also amends subsection 8AJA(7) to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act, and inserts '(disallowance)' after the reference to section 42 of the Legislation Act.

Item 632 - Subsection 8AYB(6)

687. Item 632 amends subsection 8AYB(6) of the Telstra Corporation Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003)'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 633 - Subsection 12(3)

688. Item 633 amends subsection 12(3) of the Telstra Corporation Act to omit the phrase 'disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901' and substitute 'legislative instrument'. This amendment removes a redundant reference to the repealed section 46A and reflects changes to the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act, which adds section 57A to the Legislation Act. This Act adds new section 57A, which provides that an instrument is a legislative instrument if it is made under a power delegated by the Parliament before 1 January 2005 and is declared to be a disallowable instrument in accordance with a provision of the enabling legislation for the purposes of section 46A of the Acts Interpretation Act as in force at any time before 1 January 2005. This amendment does not change the effect of the provision.

Item 634 - Subclause 12(4AB) of the Schedule (note)

689. Item 634 amends the note to subclause 12(4AB) of the Schedule to the Telstra Corporation Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 635 - Subclause 12(8) of the Schedule

690. Item 635 amends subclause 12(8) of the Schedule to the Telstra Corporation Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

691. This item also amends subsection 12(8) to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act, and inserts '(disallowance)' after the reference to section 42 of the Legislation Act.

Tertiary Education Quality and Standards Agency Act 2011

Item 636 - Subsection 58(5)

692. Item 636 amends subsection 58(5) of the Tertiary Education Quality and Standards Agency Act 2011to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 637 - Subsection 136(1) (note)

693. Item 637 repeals the note to subsection 136(1) of the Tertiary Education Quality and Standards Agency Act and substitutes a new note to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act and direct the reader to the relevant regulations where sunsetting exemptions are to be consolidated.

Item 638 - Subsection 136(2B)

694. Item 638 amends subsection 136(2B) of the Tertiary Education Quality and Standards Agency Act to reflect changes to section 44 of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act and to update the reference to the Legislative Instruments Act to refer to the Legislation Act. The current section 44 of the Legislative Instruments Act provides for exemptions from disallowance, with general exemptions provided under subsection 44(1) and specific exemptions listed in a table in subsection 44(2). The table of exemptions is omitted from the amended subsection 44(2) and the exemptions are to be consolidated into the regulations. Accordingly, the reference to section 44 of the Legislative Instruments Act is updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003'.

Item 639 - Subsection 136(2B) (note)

695. Item 639 amends the note to subsection 136(2B) of the Tertiary Education Quality and Standards Agency Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 640 - Subsection 155(1) (note)

696. Item 640 repeals the note to subsection 155(1) of the Tertiary Education Quality and Standards Agency Act and substitutes a new note to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act and direct the reader to the relevant regulations where sunsetting exemptions are to be consolidated.

Item 641 - Subsection 155(1A)

697. Item 641 amends subsection 155(1A) of the Tertiary Education Quality and Standards Agency Act to reflect changes to section 44 of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act and to update the reference to the Legislative Instruments Act to refer to the Legislation Act. The current section 44 of the Legislative Instruments Act provides for exemptions from disallowance, with general exemptions provided under subsection 44(1) and specific exemptions listed in a table in subsection 44(2). The table of exemptions is omitted from the amended subsection 44(2) and the exemptions are to be consolidated into the regulations. Accordingly, the reference to section 44 of the Legislative Instruments Act is updated to refer to 'regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003'.

Item 642 - Subsection 155(1A) (note)

698. Item 642 amends the note to subsection 155(1A) of the Tertiary Education Quality and Standards Agency Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Therapeutic Goods Act 1989

Item 643 - Subsections 3AA(4), 3AB(4), 3C(1) and 7AA(1) and (2) (note)

699. Item 643 amends the notes to subsections 3AA(4), 3AB(4), 3C(1) and 7AA(1) and (2) of the Therapeutic Goods Act 1989 to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Item 644 - Subsections 10(1) and (3A) (note)

700. Item 644 repeals the notes to subsections 10(1) and (3A) of the Therapeutic Goods Act and substitutes new notes to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Item 645 - Subsection 26BB(8)

701. Item 645 amends subsection 26BB(8) of the Therapeutic Goods Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 646 - Subsection 30F(4A)

702. Item 646 amends subsection 30F(4A) of the Therapeutic Goods Act to omit the phrase 'for the purposes of the Legislative Instruments Act 2003)'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 647 - Subsections 32A(2) and (3) and 32CA(1) and (2) (note)

703. Item 647 amends the notes to subsections 32A(2) and (3), and 32CA(1) and (2) of the Therapeutic Goods Act to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Item 648 - Subsections 41CB(1) and 41DC(1) (note)

704. Item 648 repeals the notes to subsections 41CB(1) and 41DC(1) of the Therapeutic Goods Act and substitutes new notes to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Item 649 - Subsections 41HD(1) and (2) and 52A(2) (note)

705. Item 649 amends the notes to subsections 41HD(1) and (2), and 52A(2) of the Therapeutic Goods Act to replace the references to the Legislative Instruments Act with references to the Legislation Act.

Item 650 - Subsections 52D(4A) and (4B)

706. Item 650 amends subsections 52D(4A) and (4B) of the Therapeutic Goods Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 651 - Section 52EA

707. Item 651 repeals section 52EA of the Therapeutic Goods Act which provides that section 42 of the Legislative Instruments Act does not apply to instruments listed in subsection 52EA(1) of the Therapeutic Goods Act. Section 52EA of the Therapeutic Goods Act also provides for deemed registration of instruments under Division 3 of Part 4 of the Legislative Instruments Act. This section is no longer necessary as it is spent, and its repeal does not alter existing arrangements.

Tourism Australia Act 2004

Item 652 - Subsections 41(3) and 42(3)

708. Item 652 amends subsections 41(3) and 42(3) of the Tourism Australia Act 2004 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003)'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

Item 653 - Subsection 60(3) (note)

709. Item 653 amends the note to subsection 60(3) of the Tourism Australia Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Veterans' Entitlements Act 1986

Item 654 - Subsection 5LA(12) (heading)

710. Item 654 repeals the heading to subsection 5LA(12) of the Veterans' Entitlements Act 1986 and substitutes a new heading to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 655 - Subsection 29(11)

711. Item 655 repeals subsection 29(11) of the Veterans' Entitlements Act which provides that despite subsection 12(2) of the Legislative Instruments Act instruments made under subsection 29(1) or (2) of the Veterans' Entitlements Act may be expressed to take effect from a date before they are registered. This is replaced with a new subsection 29(11) of the Veterans' Entitlements Act which provides that subsection 12(2) of the Legislation Act does not apply to the instruments.

712. The new subsection 29(11) of the Veterans' Entitlements Act updates the reference to the Legislative Instruments Act to refer to the Legislation Act and updates the drafting of the subsection to reflect amendments to section 12 made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3), this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2), the operation of amended subsection 12(2) is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Item 656 - Subsection 45TO(1A)

713. Item 656 amends subsection 45TO(1A) of the Veterans' Entitlements Act to reflect changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act by removing the phrase 'Despite section 12 of the Legislative Instruments Act 2003'.

Item 657 - After subsection 45TO(1A)

714. Item 657 adds a new subsection after subsection 45TO(1A) of the Veterans' Entitlements Act which provides that subsection 12(2) of the Legislation Act does not apply to declarations made under subsection 45TO(1) of the Veterans' Entitlements Act.

715. The new subsection 45TO(1B) of the Veterans' Entitlements Act reflects amendments to section 12 made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3), this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2), the operation of amended subsection 12(2) is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Item 658 - Subsection 90A(6)

716. Item 658 amends subsection 90A(6) of the Veterans' Entitlements Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act. Items 659-660 - Subsection 196B(13)

717. Items 659 and 660 amend subsection 196B(13) of the Veterans' Entitlements Act to reflect changes to subsection 12(1) of the Legislative Instruments Act by the Acts and Instruments (Framework Reform) Act by removing the phrase 'Despite section 12 of the Legislative Instruments Act 2003' and changing 'to be taken to have had effect from' to 'taken to have commenced on'.

Item 661 - After subsection 196B(13)

718. Item 661 adds a new subsection after subsection 196B(13) of the Veterans' Entitlements Act which provides that subsection 12(2) of the Legislation Act does not apply to determinations made under subsections 196B(10), (11) and (12) of the Veterans' Entitlements Act.

719. The new subsection 196B(13A) of the Veterans' Entitlements Act reflects amendments to section 12 made by the Acts and Instruments (Framework Reform) Act. The previous subsection 12(2) provided that instruments do not have effect where they would take effect before registration and could adversely impact upon a person. Under subsection 12(3), this rule was subject to a contrary intention in the enabling Act. Instead of providing that the entire instrument has no effect, the amended subsection 12(2) provides that instruments do not apply in relation to a particular person retrospectively where they would have an adverse effect on that person. New subsection 12(3) expressly provides that, subject to this limitation in relation to particular persons, instruments may commence retrospectively. Accordingly, in order to produce the same outcome as was produced by overriding the previous subsection 12(2), the operation of amended subsection 12(2) is turned off for instruments whose retrospective commencement is to apply to persons even if those persons are adversely impacted by that retrospective commencement.

Item 662 - Paragraph 196W(3)(a)

720. Item 662 amends paragraph 196W(3)(a) of the Veterans' Entitlements Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Water Efficiency Labelling and Standards Act 2005

Item 663 - Subsection 12(2)

721. Item 663 amends subsection 12(2) of the Water Labelling and Standards Act 2005 to omit the phrase 'for the purposes of the Legislative Instruments Act 2003)'. This phrase is no longer necessary when referring to legislative instruments, as the definition of legislative instrument is centrally provided by section 8 of the Legislation Act. That definition is generally applied by section 2B of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act).

722. This item also amends subsection 12(2) of the Water Efficiency Labelling and Standards Act to omit the references to section 42 and Part 6 of the Legislative Instruments Act. Section 42 and Part 6 deal with disallowance and sunsetting of legislative instruments respectively. This amendment removes an outdated reference to the Legislative Instruments Act. It also removes the exemptions from disallowance and sunsetting for instruments made under paragraph 12(1)(b) of the Water Efficiency Labelling and Standards Act, as those exemptions already fall within subsections 44(1) and 54(1) of the Legislative Instruments Act. Accordingly, the legal effect of the exemptions will be preserved.

Item 664 - At the end of subsection 12(2)

723. Item 664 adds notes to the end of subsection 12(2) of the Water Efficiency Labelling and Standards Act. The notes explain that section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act do not apply to instruments made under section 14(1) of the Water Efficiency Labelling and Standards Act as those exemptions already fall within subsections 44(1) and 54(1) of the Legislative Instruments Act. The notes direct the reader to the Legislation Act where the exemptions will be preserved.

Item 665 - Subsection 18(3)

724. Item 665 repeals subsection 18(3) of the Water Efficiency Labelling and Standards Act and substitutes a new subsection to update the reference to section 42 (disallowance) of the Legislative Instruments Act to refer to the Legislation Act. The item also omits the reference to Part 6 of the Legislative Instruments Act. Part 6 deals with sunsetting of legislative instruments. This amendment removes the exemption from sunsetting for instruments made under subsection 18(1) of the Water Efficiency Labelling and Standards Act, as that exemption already falls within subsection 54(1) of the Legislative Instruments Act. Accordingly, the legal effect of the sunsetting exemption will be preserved.

725. This item also adds a note at the end of the new subsection 18(3) which explains that Part 4 of Chapter 3 (sunsetting) of the Legislation Act does not apply to instruments made under section 18(1) of the Water Efficiency Labelling and Standards Act as they are exempted under subsection 54(1) of the Legislative Instruments Act. This note directs the reader to the Legislation Act where this exemption will be preserved.

Item 666 - Subsection 26(7)

726. Item 666 amends subsection 26(7) of the Water Efficiency Labelling and Standards Act to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act and inserts '(disallowance)' after the reference to section 42 of the Legislative Instruments Act.

Item 667 - Subsection 26(7) (note)

727. Item 667 repeals the note to subsection 26(7) of the Water Efficiency Labelling and Standards Act and substitutes a new note to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act and direct the reader to the relevant regulations where sunsetting exemptions are to be consolidated.

Work Health and Safety Act 2011

Item 668 - Section 273B (heading)

728. Item 668 repeals the heading to section 273B of the Work Health and Safety Act 2011 and substitutes a new heading to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 669 - Subsection 274(3) (note)

729. Item 669 amends the note to subsection 274(3) of the Work Health and Safety Act to replace the reference to the Federal Register of Legislative Instruments under the Legislative Instruments Act 2003 with a reference to the Federal Register of Legislation under the Legislation Act 2003. The amendment is consequential on Part 4 (Federal Register of Legislative Instruments) of the Legislative Instruments Act being repealed by the Acts and Instruments (Framework Reform) Act, and section 15A of the Legislation Act providing for the Federal Register of Legislation. This item also amends the subsection to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Workplace Gender Equality Act 2012

Item 670 - Subsection 19(1) (note 2)

730. Item 670 amends note 2 to subsection 19(1) of the Workplace Gender Equality Act 2012 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Item 671 - Subsection 33A(2) (note)

731. Item 671 amends the note to subsection 33A(2) of the Workplace Gender Equality Act to replace the reference to Part 3 of the Legislative Instruments Act with a reference to section 17 of the Legislation Act. This reflects amendments made by the Acts and Instruments (Framework Reform) Act to Part 3 and section 17 of the Legislative Instruments Act, and directs the reader to the section that outlines consultation requirements.

PART 2 - CONTINGENT AMENDMENTS

Designs Act 2003

Item 672 - Subsection 145(3)

732. Item 672 amends subsection 145(3) of the Designs Act 2003 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Patents Act 1990

Item 673 - Subsection 221(3)

733. Item 673 amends subsection 221(3) of the Patents Act 1990 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Plant Breeder's Rights Act 1994

Item 674 - Subsection 3(3)

734. Item 674 amends subsection 3(3) of the Plant Breeder's Rights Act 1994 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Trade Marks Act 1995

Item 675 - Subsection 215(9)

735. Item 675 amends subsection 215(9) of the Trade Marks Act 1995 to replace the reference to the Legislative Instruments Act with a reference to the Legislation Act.

Schedule 2 - Amendments relating to court rules

GENERAL OUTLINE

736. Schedule 2 makes amendments to the Legislation Act (or in the alternative, the Legislative Instruments Act, depending on the time at which Part 2 of the Schedule commences) which make clear that rules of court are not legislative instruments. Schedule 2 includes an application provision which makes clear that the amendments do not affect the rights or liabilities of parties to proceedings commenced in a court prior to the commencement of the amendments.

737. Schedule 2 also makes amendments to the Family Law Act. These amendments make clear that certain provisions of the Family Law Act which set out how the Legislative Instruments Act applies to rules of the Family Court apply to those rules whether they are made under the Family Law Act or another Act. This removes an inconsistency between the Family Law Act and other enabling legislation for federal courts.

PART 1 - AMENDMENTS COMMENCING ON PROCLAMATION

Family Law Act 1975

Item 1 - Subsection 123(2)

738. Item 1 amends subsection 123(2) of the Family Law Act to omit the phrase 'under this section' and replace it with 'by Judges under this section or any other Act'. This amendment makes clear that the Legislation Act (or in the alternative, the Legislative Instruments Act, depending on the time at which Part 2 of the Schedule commences) applies to rules of the Family Court whether they are made under the Family Law Act or any other Act. This amendment is consistent with other enabling legislation for federal courts and brings the Family Law Act into line with that legislation. The words 'by Judges' are included for consistency with the various provisions of the Family Law Act relating to court rules, as those provisions refer to or provide for rules made by Judges. For example, subsection 26C(1) refers to 'Rules of Court made by the Judges'.

Item 2 - Subsection 123(2A)

739. Item 2 amends subsection 123(2A) of the Family Law Act to omit the phrase 'under this Act' and replace it with 'by Judges under this or any other Act'. This amendment makes clear that the Office of Parliamentary Counsel may provide assistance in the drafting of rules of the Family Court whether they are made under the Family Law Act or any other Act. This amendment is consistent with other enabling legislation for federal courts and brings the Family Law Act into line with that legislation. The words 'by Judges' are included for consistency with the various provisions of the Family Law Act relating to court rules, as those provisions refer to or provide for rules made by Judges. For example, subsection 26C(1) refers to 'Rules of Court made by the Judges'.

PART 2 - AMENDMENT OF THE LEGISLATIVE INSTRUMENTS ACT 2003

Legislative Instruments Act 2003

Item 3 - Section 9

740. Item 3 amends section 9 of the Legislative Instruments Act to omit the phrase 'for the High Court, the Federal Court of Australia, the Family Court of Australia and the Federal Circuit Court of Australia'.

741. Section 9 of the Legislative Instruments Act provides that rules of court for the High Court, the Federal Court of Australia, the Family Court of Australia and the Federal Circuit Court of Australia are not legislative instruments for the purposes of the Legislative Instruments Act. The note to section 9 of the Legislative Instruments Act provides that rules of court are treated as if they are legislative instruments by express amendment of their enabling legislation. The amendment to section 9 of the Legislative Instruments Act makes it clear that all rules of court are not legislative instruments, regardless of the court administering those rules.

Item 4 - Section 9 (note)

742. Item 4 amends the note to section 9 of the Legislative Instruments Act to replace the reference to 'are' with a reference to 'may be'. This amendment updates the drafting of the note to reflect that the enabling legislation for all rules of court may not necessarily treat rules of court as if they were legislative instruments.

PART 3 - AMENDMENT OF THE LEGISLATION ACT 2003

Legislation Act 2003

Item 5 - Paragraph 8(8)(d)

743. Item 5 repeals paragraph 8(8)(d) of the Legislation Act and replaces it with a new paragraph 8(8)(d) which provides that rules of court or a compilation of rules of court are not legislative instruments, and cannot become legislative instruments under subsection 8(3) of the Legislation Act by being registered as legislative instruments.

744. The previous paragraph 8(8)(d) of the Legislation Act provided that, despite anything else in section 8 of the Legislation Act, 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 are not legislative instruments, and cannot become legislative instruments under subsection 8(3) of the Legislation Act by being registered as legislative instruments. The amendment to paragraph 8(8)(d) of the Legislation Act makes it clear that rules of court are not legislative instruments, regardless of the court administering those rules.

Item 6 - Subsection 8(8) (note)

745. Item 6 repeals the note to subsection 8(8) of the Legislation Act and replaces it with a new note which provides that rules of court may be registered under the Legislation Act and otherwise treated as if they were legislative instruments by their enabling legislation. This amendment updates the drafting of the note to reflect that the enabling legislation for all rules of court may not necessarily treat rules of court as if they were legislative instruments.

PART 4 - APPLICATION OF AMENDMENTS

Item 7 - Application of amendments

746. Item 7 provides that amendments by this Schedule apply to any rules of court made before or after the commencement of this item. However, item 7 does not affect the rights or liabilities of parties to proceedings commenced in a court before the commencement of this item (to the extent that those rights or liabilities arose from, or were affected by court rules to which the item applies). This ensures that the characterisation of rules of court as not legislative instruments does not affect the rights or liabilities of parties to proceedings in a court which were commenced before the commencement of this Schedule.

Schedule 3 - Amendments relating to forms and technical matters

GENERAL OUTLINE

747. Schedule 3 makes amendments to provisions of the Legislation Act and Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act). It amends section 14 of the Legislation Act (incorporation of material in instruments) and section 46AA of the Acts Interpretation Act (incorporation of material in instruments other than legislative or notifiable instruments) to modify the way in which those provisions apply to forms. Consequential to these changes, Schedule 3 also repeals unnecessary application provisions of the Acts and Instruments (Framework Reform) Act. Schedule 3 also makes minor technical corrections to the Legislation Act.

PART 1 - Amendments

Acts and Instruments (Framework Reform) Act 2015

Item 1 - Items 170 and 178 of Schedule 1

748. Item 1 repeals items 170 and 178 of Schedule 1 to the Acts and Instruments (Framework Reform) Act. These items deal with the application of amendments made by that Act to section 14 of the Legislative Instruments Act (incorporation of material in instruments) and section 46AA of the Acts Interpretation Act (incorporation of material in instruments which are not legislative or notifiable instruments). The result of the amendments made by items 2 and 3 in this Schedule will be that the general rules in sections 14 and 46AA will no longer be changed by the Acts and Instruments (Framework Reform) Act, so it is not necessary to provide for the application of amendments to those provisions. The application of the amendments of those sections made by items 2 and 3 in this Schedule in relation to forms is dealt with in item 6 of this Schedule.

Acts Interpretation Act 1901

Item 2 - Subsection 46AA(4)

749. Item 2 repeals subsection 46AA(4) of the Acts Interpretation Act (as amended by the Acts and Instruments (Framework Reform) Act 2015) and substitutes a new subsection 46AA(4). Section 46AA deals with incorporation of material in instruments which are not legislative or notifiable instruments. Section 46AA (as amended by the Acts and Instruments (Framework Reform) Act) provides that such instruments may incorporate the provisions of Acts or disallowable legislative instruments as in force from time to time. Other types of instruments may not be incorporated as in force from time to time unless this is expressly provided for in the enabling legislation. Subsection 46AA(4) is also amended by the Acts and Instruments (Framework Reform) Act to provide that despite these general rules, instruments may authorise or require specific forms to be used, but only on the condition that those forms are either notifiable instruments (which are required to be registered) or are otherwise required to be made publicly available.

750. The new subsection 46AA(4), as substituted by item 2 of this Schedule, provides unconditionally that if an instrument provides for a form to be used, the general rules in section 46AA do not apply to the form. This means that instruments may effectively incorporate forms, whether or not those forms are themselves required to be made publicly available. Because forms are administrative frameworks for the provision of information, and do not contain substantive legal content, it is not necessary that the forms themselves be made publicly available.

Legislation Act 2003

Item 3 - Subsection 14(4)

751. Item 3 repeals subsection 14(4) of the Legislation Act (as amended by the Acts and Instruments (Framework Reform) Act) and substitutes a new subsection 14(4). Section 14 deals with incorporation of material in legislative and notifiable instruments. Section 14 (as amended by the Acts and Instruments (Framework Reform) Act) provides that such instruments may incorporate the provisions of Acts or disallowable legislative instruments as in force from time to time. Other types of instruments may not be incorporated as in force from time to time unless this is expressly provided for in the enabling legislation. Subsection 14(4) is also amended by the Acts and Instruments (Framework Reform) Act) to provide that despite these general rules, instruments may authorise or require specific forms to be used, but only on the condition that those forms are either notifiable instruments (which are required to be registered) or are otherwise required to be made publicly available.

752. The new subsection 14(4), as substituted by item 3 of this Schedule, provides unconditionally that if an instrument provides for a form to be used, the general rules in section 14 do not apply to the form. This means that legislative and notifiable instruments may effectively incorporate forms, whether or not those forms are themselves required to be made publicly available. Because forms are administrative frameworks for the provision of information, and do not contain substantive legal content, it is not necessary that the forms themselves be made publicly available.

Item 4 - Paragraph 15A(3)(b)

753. Item 4 makes a technical correction to paragraph 15A(3)(b) of the Legislation Act (as inserted by the Acts and Instruments (Framework Reform) Act) to insert a missing parenthesis.

Item 5 - Subsection 15H(1)

754. Item 5 makes a technical correction to subsection 15H(1) of the Legislation Act (as inserted by the Acts and Instruments (Framework Reform) Act) to remove an unnecessary reference to 'document'.

PART 2 - Application of Amendments

Item 6 - Application of amendments relating to forms

755. Item 6 provides for the application of the amendments relating to forms in this Schedule. It makes clear that the amendments apply, on or after the commencement of the amendments, to forms made before or after the commencement of the Schedule, whether the instrument providing for the form to be used is itself made before or after commencement. Item 6 also makes clear that the amendments in this Schedule do not affect the interpretation of section 46AA of the Acts Interpretation Act or section 14 of the Legislation Act, as applying before the commencement of the amendments, to forms made before that commencement. Such interpretation might otherwise have resulted in an inference that, before that commencement, sections 46AA and 14 had an application in relation to forms that it is not considered they necessarily did have (in the absence of that inference).