Acts Interpretation Act 1901

Pt 10 heading substituted by No 10 of 2015, s 3 and Sch 1 item 107, effective 5 March 2016. For application, savings and transitional provisions, see note under s 46AA(1) . The heading formerly read:

PART 10 - NON-LEGISLATIVE INSTRUMENTS AND RESOLUTIONS

Pt 10 heading substituted by No 46 of 2011, s 3 and Sch 1 item 103, applicable on and after 27 December 2011, in relation to Acts enacted before, on or after 27 December 2011. For transitional regulations, see note under Part 1 heading. The heading formerly read:

PART XI - NON-LEGISLATIVE INSTRUMENTS AND RESOLUTIONS

Pt XI heading substituted by No 140 of 2003, s 3 and Sch 1 item 4, effective 1 January 2005. The heading formerly read:

PART XI - INSTRUMENTS AND RESOLUTIONS

S 46AA(1) amended by No 78 of 2018, s 3 and Sch 1 items 3 - 4 and Sch 2 item 3, by omitting " or " after " subsection (3); " from para (a)(ii), inserting para (a)(iii) and substituting para (b), applicable to application, adoption or incorporation of provisions by an instrument made on or after 25 August 2018, whether the legislation authorising or requiring the instrument was made before, on or after 25 August 2018. Para (b) formerly read:

(b) subject to subsection (2), by applying, adopting or incorporating, with or without modification, any matter contained in any other instrument or writing as in force or existing at the time when the first-mentioned instrument commences.

S 46AA(1) amended by No 10 of 2015, s 3 and Sch 1 items 112 - 114, by substituting " , other than a legislative instrument, a notifiable instrument or " for " that is neither a legislative instrument for the purposes of the Legislative Instruments Act 2003 nor " , substituting para (a) and " instrument commences " for " instrument takes effect " in para (b), effective 5 March 2016. No 10 of 2015, s 3 and Sch 1 items 167 and 176 - 179 contain the following application, savings and transitional provisions:

Part 7 - Application, savings and transitional

SECTION 167 167 Application of amendments to instruments - general  
167
Subject to this Part, the amendments of Acts made by this Schedule apply in relation to an instrument made before, on or after the commencement of this Schedule.
…

SECTION 176 176 Application of amendments of the Acts Interpretation Act 1901 - definition of Proclamation  
176
The definition of Proclamation in section 2B of the Acts Interpretation Act 1901 , as that Act is amended by Part 5 of this Schedule, is taken to include a Proclamation by the Governor-General that was published in the Gazette before the commencement of this Schedule.
SECTION 177 177 Application of amendments of the Acts Interpretation Act 1901 - citation of Acts and instruments  
177
Subsection 40(1A) of the Acts Interpretation Act 1901 , as that Act is amended by Part 5 of this Schedule, applies in relation to an Act, instrument or document (the citing Act, instrument or document ) that cites an Act or legislative instrument:

(a) whether the citing Act, instrument or document was enacted, made or executed before, on or after the commencement of this Schedule; and

(b) whether the Act or legislative instrument cited was enacted or made before, on or after the commencement of this Schedule.
SECTION 178 178 Application of amendments of the Acts Interpretation Act 1901 - incorporation of material in non-legislative instruments  
178
(Repealed by No 126 of 2015)

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S 178 repealed by No 126 of 2015, s 3 and Sch 3 item 1, effective 5 March 2015. S 178 formerly read:

178 Application of amendments of the Acts Interpretation Act 1901 - incorporation of material in non-legislative instruments  
178
The amendments of section 46AA of the Acts Interpretation Act 1901 made by Part 5 of this Schedule apply in relation to:

(a) an instrument made on or after the commencement of this Schedule that makes provision in relation to any matter by applying, adopting or incorporating the provisions of any document (an incorporated document ); and

(b) an incorporated document other than a form, whether the document was made, or has been amended, before, on or after that commencement; and

(c) an incorporated document that is a form, if the document is made on or after that commencement.

179 Saving and transitional - repeal of section 46B of the Acts Interpretation Act 1901  
(1)
This item applies in relation to an instrument to which section 46B of the Acts Interpretation Act 1901 applied that was in force immediately before the commencement of this Schedule.

(2)
Despite the repeal of section 46B of the Acts Interpretation Act 1901 by Part 2 of this Schedule:

(a) that section, and the Legislative Instruments Act 2003 (as applied by that section), continue to apply in relation to the instrument as in force immediately before the commencement of this Schedule; and

(b) the instrument continues in force on and after that commencement, subject to:

(i) the Act under which the instrument was made; and

(ii) section 46B of the Acts Interpretation Act 1901 , as applied by paragraph (a).

(3)
The rule-maker for the instrument may lodge the instrument for registration as a legislative instrument under the Legislation Act 2003 on or after the commencement of this Schedule.

(4)
If the instrument is lodged for registration under subitem (3), the First Parliamentary Counsel must register the instrument under that Act as a legislative instrument.

(5)
If the instrument is registered under subitem (4):

(a) the requirements of Part 2 of Chapter 3 of the Legislation Act 2003 (which deals with parliamentary scrutiny) are taken to have been satisfied in relation to the instrument; and

(b) that Act otherwise applies to the instrument in the same way that it would in relation to any other legislative instrument registered at that time.

Note:

Section 46B of the Acts Interpretation Act 1901 provided a notice and parliamentary scrutiny regime for some instruments that were declared not to be legislative instruments.

Para (a) formerly read:

(a) by applying, adopting or incorporating, with or without modification, the provisions of any Act, or of any disallowable legislative instrument for the purposes of the Legislative Instruments Act 2003 , as in force at a particular time or as in force from time to time; or

S 46AA(1) amended by No 46 of 2011, s 3 and Sch 1 item 107, by omitting " , unless the contrary intention appears, " after " that instrument may " , applicable on and after 27 December 2011, in relation to Acts enacted before, on or after 27 December 2011. For transitional regulations, see note under Part 1 heading.

S 46AA(1) amended by No 133 of 2005.

S 46AA(2) amended by No 46 of 2011, s 3 and Sch 1 item 108, by substituting " The " for " Unless the contrary intention appears, the " , applicable on and after 27 December 2011, in relation to Acts enacted before, on or after 27 December 2011. For transitional regulations, see note under Part 1 heading.

S 46 and 46AA and 46B substituted for s 46 and 46A by No 140 of 2003.

S 46AA(3) inserted by No 10 of 2015, s 3 and Sch 1 item 115, effective 5 March 2016. For application, savings and transitional provisions, see note under s 46AA(1) .

S 46AA(4) substituted by No 126 of 2015, s 3 and Sch 3 item 2, effective 5 March 2016. No 126 of 2015, s 3 and Sch 3 item 6 contains the following application provision:

Part 2 - Application of amendments

6 Application of amendments relating to forms  
(1)
The amendments of section 46AA of the Acts Interpretation Act 1901 and section 14 of the Legislation Act 2003 made by Part 1 of this Schedule apply, on or after the commencement of that Part, in relation to:

(a) a form made before that commencement; and

(b) a form made on or after that commencement, whether the instrument providing for the form to be used is made before, on or after that commencement.

(2)
No inference may be drawn from an amendment of a section mentioned in subitem (1) as to whether, before the commencement of Part 1 of this Schedule, that section applied in relation to a form made before that commencement.

S 46AA(4) formerly read:

Exception - forms

46AA(4)
Despite subsections (1) to (3), an instrument (the enabling instrument ) to which subsection (1) applies may authorise or require a form (however described) to be used for the purposes of an Act, that instrument or another instrument if the enabling instrument provides that:

(a) the form is a notifiable instrument; or

(b) the form is required to be publicly available in another specified way.

S 46AA(4) inserted by No 10 of 2015, s 3 and Sch 1 item 115, effective 5 March 2016. For application, savings and transitional provisions, see note under s 46AA(1) .

S 46AA amended by No 10 of 2015, s 3 and Sch 1 item 116, by substituting " and notifiable instruments, in section 14 of the Legislation Act 2003 " for " , in section 14 of the Legislative Instruments Act 2003 " in the note, effective 5 March 2016. For application, savings and transitional provisions, see note under s 46AA(1) .