Legislation Act 2003

Ch 1 heading inserted by No 10 of 2015, s 3 and Sch 1 item 2, effective 5 March 2016. See note under the title of the Act.

Pt 2 heading inserted by No 10 of 2015, s 3 and Sch 1 item 12, effective 5 March 2016. See note under the title of the Act.

S 12(1A) inserted by No 78 of 2018, s 3 and Sch 2 item 5, effective 25 August 2018 and applicable in relation to any instrument made on or after 25 August 2018, whether the enabling legislation for the instrument was made before, on or after 25 August 2018.

S 12(2) substituted by No 78 of 2018, s 3 and Sch 2 item 6, effective 25 August 2018 and applicable in relation to any instrument made on or after 25 August 2018, whether the enabling legislation for the instrument was made before, on or after 25 August 2018. S 12(2) formerly read:

(2)
A provision of a legislative instrument or notifiable instrument does not apply in relation to a person (other than the Commonwealth or an authority of the Commonwealth) if the provision commences before the day the instrument is registered, to the extent that as a result:

(a) the person ' s rights as at that day would be affected so as to disadvantage the person; or

(b) liabilities would be imposed on the person in respect of anything done or omitted to be done before that day.

S 12(3) repealed by No 78 of 2018, s 3 and Sch 2 item 6, effective 25 August 2018 and applicable in relation to any instrument made on or after the commencement of this item, whether the enabling legislation for the instrument was made before, on or after that commencement. S 12(3) formerly read:

(3)
However, subject to subsection (2), a legislative instrument or notifiable instrument may provide that a provision of the instrument commences before the day the instrument is registered.

S 12(4) amended by No 78 of 2018, s 3 and Sch 2 items 7 and 8, by inserting the heading and substituting " (1A) or (2) " for " (2) or (3) " , effective 25 August 2018 and applicable in relation to any instrument made on or after 25 August 2018, whether the enabling legislation for the instrument was made before, on or after 25 August 2018.

S 12 substituted by No 10 of 2015, s 3 and Sch 1 item 12, effective 5 March 2016. See note under the title of the Act. S 12 formerly read:

SECTION 12 When do provisions of legislative instruments take effect?  
(1)
Subject to subsection (2), a legislative instrument that is made on or after the commencing day, or a particular provision of such an instrument, takes effect from:

(a) the day specified in the instrument for the purposes of the commencement of the instrument or provision; or

(b) the day and time specified in the instrument for the purposes of the commencement of the instrument or provision; or

(c) the day, or day and time, of the commencement of an Act, or of a provision of an Act, or of the occurrence of an event, that is specified in the instrument for the purposes of the commencement of the instrument or provision; or

(d) in any other case - the first moment of the day next following the day when it is registered.

Note:

There are certain instruments that, by virtue of subsection 55(2) , are made before, but treated as having been made on, the commencing day.

(2)
A legislative instrument, or a provision of a legislative instrument, has no effect if, apart from this subsection, it would take effect before the date it is registered and as a result:

(a) the rights of a person (other than the Commonwealth or an authority of the Commonwealth) as at the date of registration would be affected so as to disadvantage that person; or

(b) liabilities would be imposed on a person (other than the Commonwealth or an authority of the Commonwealth) in respect of anything done or omitted to be done before the date of registration.

(3)
The effect of subsections (1) and (2) on a legislative instrument is subject to any contrary provision for commencement of the instrument in the enabling legislation for the instrument if the enabling legislation is an Act or a provision of an Act.