Legislation Act 2003

Ch 3 heading inserted by No 10 of 2015, s 3 and Sch 1 item 27, effective 5 March 2016. See note under the title of the Act.

Pt 2 heading substituted from Pt 5 heading by No 10 of 2015, s 3 and Sch 1 item 37, effective 5 March 2016. See note under the title of the Act. The heading formerly read:

Part 5 - Parliamentary scrutiny of legislative instruments

S 44(1) amended by No 78 of 2018, s 3 and Sch 1 item 34, by inserting " or Territories " after " States " in para (a), effective 25 August 2018, applicable in relation to a legislative instrument that is made on or after 25 August 2018.

S 44(1) amended by No 10 of 2015, s 3 and Sch 1 item 46, by omitting " , made on or after the commencing day, " after " a legislative instrument " , effective 5 March 2016. See note under the title of the Act.

S 44(2) substituted by No 10 of 2015, s 3 and Sch 1 item 47, effective 5 March 2016. See note under the title of the Act. S 44(2) formerly read:

(2)
Section 42 does not apply in relation to a legislative instrument, or a provision of a legislative instrument, that is included in the table below unless the instrument or provision is subject to disallowance under its enabling legislation or by means of some other Act:

Table

Table

Legislative instruments that are not subject to disallowance
Item	Particulars of instrument
1	Determinations under subsection 5(2) of the Australian Citizenship Act 2007
2	Determinations specifying drugs, made under section 4A of the Australian Federal Police Act 1979
3	Statutes made under the Australian National University Act 1991 or rules or orders made under those statutes
4	Instruments made under section 32 of the Australian Postal Corporation Act 1989
5	Rules made under section 60 of the Australian Research Council Act 2001
6	Standards issued under section 122 of the Broadcasting Services Act 1992
7	Amendments under section 128 of the Broadcasting Services Act 1992 to standards under Part 9 of that Act
8	Fee waiver principles made under subsection 91(1A) of the Classification (Publications, Films and Computer Games) Act 1995
9	(Repealed by No 20 of 2008)
10	Determinations made under paragraph 153L(1)(c) , 153P(2)(c) or 153Q(1)(c) , or subsection 153ZIH(2) of the Customs Act 1901
11	(Repealed by No 166 of 2006)
12	Instruments made under subsection 161J(2) or 161J(3 of the Customs Act 1901
13	Tariff Concession Orders made under section 269P or 269Q of the Customs Act 1901
14	Instruments made under section 269SC or 269SD of the Customs Act 1901
15	By-laws made under section 271 of the Customs Act 1901 for the purposes of Schedule 4 to the Customs Tariff Act 1995
16	Revocations of Commercial Tariff Concession Orders to which section 20 of the Customs Legislation (Tariff Concessions and Anti-Dumping) Amendment Act 1992 applies
17	Instruments made under section 303CA, 344 or 350 of the Environment Protection and Biodiversity Conservation Act 1999
18	By-laws made under section 165 of the Excise Act 1901 for the purposes of the Excise Tariff within the meaning of section 4 of the Excise Act 1901
19 - 21	(Repealed by No 89 of 2011)
22	Proclamations made under section 5, warrants made under section 6 or rules made under section 7, of the Flags Act 1953
23	Proclamations made under subsection 31(1) or (3) of the Great Barrier Reef Marine Park Act 1975
24	Guidelines issued under section 13 of the Higher Education Funding Act 1988
25	Statutes made under the Maritime College Act 1978 or rules made under those statutes
26	Legislative instruments (other than regulations) under Part 1, 2 or 9 of the Migration Act 1958 , or legislative instruments under Part 1, 2 or 5, or Schedule 1, 2, 4, 5A, 6, 6A or 8, of the regulations made under that Act
27	Declarations made by Ministers under section 32 of the Mutual Recognition Act 1992
28	Instruments made under subsection 203AH(1) of the Native Title Act 1993
29	Directions issued under section 20 of the Parliamentary Service Act 1999
30	Instruments made under section 23 or subsection 24(3) of the Parliamentary Service Act 1999
31	Access regimes made under section 12, variations of such access regimes under section 14, revocation of access regimes made under section 15, determinations and variations of standards under section 18, or instruments made under section 25, of the Payment Systems (Regulation) Act 1998
32	Directions issued under section 21 of the Public Service Act 1999
33	Instruments made under section 23 or subsection 24(3) of the Public Service Act 1999
34	Instruments made under section 2A, 2B, or 12, subsection 13(1), section 20B, subsection 26(2) or section 26A of the Quarantine Act 1908
35	Instruments made under subsection 60(1) or 106(1) of the Radiocommunications Act 1992
36	Instruments made under subsection 463(1) of the Telecommunications Act 1997
37	Declarations made by Ministers under section 31 of the Trans-Tasman Mutual Recognition Act 1997
38	Instruments made under Annual Appropriation Acts
39	Instruments (other than regulations) relating to superannuation
40	Legislative instruments that, in accordance with the provisions of the enabling legislation, do not commence unless they are approved by either or both of the Houses of the Parliament
41	Ministerial directions to any person or body
42	Proclamations that provide solely for the commencement of Acts or of provisions of Acts
43	Certificates issued by the Attorney-General under section 10 or 11 , or under subsection 51(1) , of this Act
44	Instruments that are prescribed by the regulations for the purposes of this table

S 44(2) amended by No 89 of 2011, s 3 and Sch 3 item 1, by repealing table items 19, 20 and 21, effective 1 September 2011. Table items 19, 20 and 21 formerly read:

19	Determinations made under subsection 20(3), or instructions given under section 52, of the Financial Management and Accountability Act 1997
20	Determinations made under Order 6.2.1 of the Financial Management and Accountability Orders 1997 made under section 63 of the Financial Management and Accountability Act 1997
21	Guidelines issued under regulations made pursuant to section 64 of the Financial Management and Accountability Act 1997

S 44(2) amended by No 20 of 2008, s 3 and Sch 2 item 5, by repealing table item 9, effective 1 July 2008. Table item 9 formerly read:

9 ... Notifications under section 28 or 43 of the Commonwealth Authorities and Companies Act 1997

Act No 20 of 2008, s 3 and Sch 2 item 7, contained the following saving provision:

Despite the amendments made to sections 44 and 54 of the Legislative Instruments Act 2003 by items 5 and 6 of this Schedule, those sections continue in force, after the commencement of this item, in relation to a section 28 notification (within the meaning of item 71 of Schedule 1) and a section 43 notification (within the meaning of item 72 of Schedule 1) as if those amendments had not been made.

S 44(2) table item 19 amended by No 166 of 2007, s 3 and Sch 1 item 19, by omitting " agreements made under section 31, " after " under subsection 20(3), " , effective 1 January 2008.

S 44(2) amended by No 166 of 2007, s 3 and Sch 1 item 20, by omitting " directions given under section 32, " before " or instructions given " in table item 19, effective 25 September 2007.

S 44(2) amended by No 21 of 2007, s 3 and Sch 1 item 38, by substituting table item 1, effective 1 July 2007. The table item formerly read:

1 ... Declarations under paragraph 5A(2)(d) or (e) of the Australian Citizenship Act 1948

S 44(2) amended by No 166 of 2006, s 3 and Sch 1 items 18 and 19, by substituting " paragraph 153L(1)(c), 153P(2)(c) or 153Q(1)(c) or subsection 153ZIH(2) " for " paragraph 153J(1)(c), 153L(1)(c), 153P(2)(c) or 153Q(1)(c) " in table item 10 and repealing table item 11, effective 1 January 2007. Table item 11 formerly read:

11 ... Revocations made under subsection 153K(3) or 153LA(3) of the Customs Act 1901

S 44(3) substituted by No 10 of 2015, s 3 and Sch 1 item 47, effective 5 March 2016. See note under the title of the Act. S 44(3) formerly read:

(3)
The inclusion of a kind of instrument in the table in subsection (2) does not imply that every instrument of that kind is a legislative instrument.

S 44(3) inserted by No 62 of 2004, s 3 and Sch 1 item 49, effective 1 January 2005.