Acts and Instruments (Framework Reform) Act 2015 (10 of 2015)
Schedule 1 Acts, legislative instruments and notifiable instruments
Part 2 Registration of Acts and instruments
Legislative Instruments Act 2003
26 After Part 1
Insert:
Chapter 2 - Registration of Acts, legislative instruments and notifiable instruments
Part 1 - The Federal Register of Legislation
Division 1 - Simplified outline of this Part
15 Simplified outline of this Part
The Federal Register of Legislation contains the following:
• Acts, legislative instruments and notifiable instruments as made, and explanatory statements for legislative instruments;
• compilations of Acts, legislative instruments and notifiable instruments;
• other relevant documents and information.
Rule-makers for legislative instruments and notifiable instruments are responsible for lodging the instruments for registration (together with explanatory statements for legislative instruments).
Legislative instruments are not enforceable unless registered.
Responsible persons for Acts, and rule-makers for legislative instruments or notifiable instruments, must notify the First Parliamentary Counsel of some events affecting the status of the Acts or instruments.
Division 2 - Federal Register of Legislation
15A Federal Register of Legislation - establishment and maintenance
(1) The First Parliamentary Counsel must establish and maintain a register of Acts, legislative instruments and notifiable instruments, to be known as the Federal Register of Legislation.
Note 1: The contents of the Federal Register of Legislation may be accessed on the approved website (see section 15C).
Note 2: The Federal Register of Legislation in its initial form consists of the following:
(a) the contents of the Federal Register of Legislative Instruments established under this Act, when this Act was known as the Legislative Instruments Act 2003;
(b) the contents of the Acts database under the Acts Publication Act 1905 (which was repealed when this section commenced);
(c) other legislative material published on the whole-of-government legislation website known as ComLaw.
(2) The Register must contain the following:
(a) Acts as made that are registered under this Part;
(b) legislative instruments and notifiable instruments as made that are registered under this Part;
(c) compilations, registered under this Part, of Acts, legislative instruments and notifiable instruments;
(d) explanatory statements, registered under this Part, for legislative instruments;
(e) other documents registered under this Part.
(3) The Register may contain additional documents if the First Parliamentary Counsel considers that the documents are likely to be useful to users of the Register, including the following (without limitation):
(a) Acts as made (other than Acts registered under this Part);
(b) instruments as made (other than legislative instruments or notifiable instruments registered under this Part;
(c) Gazette notices;
(d) compilations of Acts or instruments (other than compilations registered under this Part);
(e) documents that may be considered under section 15AB of the Acts Interpretation Act 1901 (and that section as applied by section 13 of this Act) in working out the meaning of an Act, legislative instrument or notifiable instrument, for example, an explanatory memorandum for an Act.
(4) The First Parliamentary Counsel may include in the Register any information that he or she considers likely to be useful to users of the Register.
(5) Without limiting subsection (1), the First Parliamentary Counsel may, subject to this Act and the rules, do anything he or she considers necessary or desirable to ensure that the Register is accurate and up-to-date, and contains material likely to be useful to users of the Register.
15B Federal Register of Legislation - complete record of registered laws
The Federal Register of Legislation is, for all purposes, taken to be a complete and accurate record of all registered Acts, legislative instruments and notifiable instruments.
Note: For authorised versions of Acts, legislative instruments, notifiable instruments and compilations, and judicial notice of authorised versions, see Part 3 of this Chapter.
15C Federal Register of Legislation - access to registered material on approved website
The First Parliamentary Counsel must ensure that registered Acts, legislative instruments, notifiable instruments and compilations, and other registered documents, are available to the public on a website (an approved website ) prescribed by the rules.
15D Federal Register of Legislation - correction of errors
Registered Acts, instruments and compilations
(1) If the First Parliamentary Counsel is satisfied that there is a mistake, omission or other error in the Federal Register of Legislation consisting of an error in the text of an Act, a legislative instrument or notifiable instrument, or of a compilation of an Act or such an instrument, as registered, the First Parliamentary Counsel must:
(a) correct the error in the Register as soon as possible; and
(b) include in the Register a statement that the correction has been made, and a brief outline of the correction in general terms.
(2) The correction of the Register under subsection (1):
(a) does not affect any right or privilege that was acquired, or that accrued, because of reliance on the registered text of the Act, instrument or compilation before the correction was made; and
(b) does not impose or increase any obligation or liability that was incurred before the correction was made.
Other errors in the Register
(3) The First Parliamentary Counsel may correct any other mistake, omission or other error in the Register, subject to any requirements of the rules.
Section does not apply to errors in text of Acts or instruments as enacted or made, or as amended
(4) This section does not apply to the correction of an error:
(a) for a registered Act or instrument - in the text of the Act or instrument as originally enacted or made; or
(b) for a registered compilation of an Act, legislative instrument or notifiable instrument - in the text of the Act or instrument as amended (if at all) and in force.
15E Federal Register of Legislation - keeping the Register
The rules may provide for, or in relation to, the following:
(a) keeping the Federal Register of Legislation;
(b) giving unique identifiers to registered Acts, legislative instruments, notifiable instruments and compilations, and other registered documents;
(c) numbering for series of legislative instruments, notifiable instruments and other documents in the Register;
(d) including additional documents in the Register and removing them from the Register;
(e) including information in the Register, changing it and removing it from the Register.
Division 3 - Registration on Federal Register of Legislation
15F Registration of Acts
The First Parliamentary Counsel must register an Act as soon as practicable after the Act is assented to.
15G Lodgement of legislative instruments and notifiable instruments, and other material
Legislative instruments and notifiable instruments
(1) The rule-maker for a legislative instrument must lodge the instrument for registration as a legislative instrument as soon as practicable after the instrument is made.
(2) The rule-maker for a notifiable instrument must lodge the instrument for registration as a notifiable instrument as soon as practicable after the instrument is made.
(3) The rule-maker for an instrument made under a power delegated by the Parliament, other than a legislative instrument or notifiable instrument, may lodge the instrument for registration as a legislative instrument or notifiable instrument.
Note: For instruments that become legislative instruments by registration, see subsection 8(3). For instruments that become notifiable instruments by registration, see paragraph 11(2)(c).
Explanatory statements for legislative instruments
(4) The rule-maker for an instrument that is lodged for registration as a legislative instrument must:
(a) lodge an initial explanatory statement for the instrument for registration as soon as practicable after the instrument is lodged for registration; and
(b) lodge any supplementary explanatory statement or replacement explanatory statement for the instrument for registration as soon as practicable after it is prepared.
Note: For explanatory statements and supplementary and replacement explanatory statements, see section 15J.
Other documents
(5) The rule-maker for an instrument that is, or that is to be, registered as a legislative instrument or notifiable instrument may lodge a document that relates to the instrument for registration.
15H Registration of legislative instruments and notifiable instruments, and other documents
(1) If an instrument is lodged for registration as a legislative instrument or notifiable instrument in accordance with section 15G and the rules, the First Parliamentary Counsel must register the instrument or document:
(a) if the instrument is lodged for registration as a legislative instrument - as a legislative instrument; or
(b) if the instrument is lodged for registration as a notifiable instrument - as a notifiable instrument.
(2) If an instrument or document is lodged for registration otherwise than as a legislative instrument or notifiable instrument, in accordance with section 15G and the rules, the First Parliamentary Counsel must register the instrument or document accordingly.
(3) However, the First Parliamentary Counsel must not register an instrument or document if:
(a) for a document lodged for registration otherwise than as a legislative instrument or notifiable instrument - the First Parliamentary Counsel considers that:
(i) the document is not likely to be useful to users of the Register; or
(ii) it would otherwise be inappropriate to register the document; or
(b) before the instrument or document is registered, the person lodging the instrument or document (or another person acting on behalf of the responsible person for the instrument, or for the instrument to which the document relates) withdraws the lodgement.
(4) If the First Parliamentary Counsel does not register an instrument or document because of paragraph (3)(a), he or she must give written notice to the person lodging the instrument or document.
15J Explanatory statements
Definition of explanatory statement
(1) An explanatory statement for a legislative instrument is one of the following statements prepared for laying before each House of Parliament:
(a) a statement (an initial explanatory statement ) for the instrument that complies with subsection (2);
(b) a statement (a replacement explanatory statement ) for the instrument that:
(i) replaces an explanatory statement for the instrument that has already been registered; and
(ii) complies with subsection (2);
(c) a statement (a supplementary explanatory statement ) for the instrument that:
(i) amends an initial explanatory statement or a replacement explanatory statement; and
(ii) complies with subsection (3).
Requirements for initial and replacement explanatory statements
(2) An initial explanatory statement, or a replacement explanatory statement, for a legislative instrument must:
(a) be approved by the rule-maker; and
(b) explain the purpose and operation of the instrument; and
(c) if any documents are incorporated in the instrument by reference - contain a description of the incorporated documents and indicate how they may be obtained; and
(d) if consultation was undertaken under section 17 before the instrument was made - contain a description of the nature of that consultation; and
(e) if no such consultation was undertaken - explain why no such consultation was undertaken; and
(f) if the instrument is a disallowable legislative instrument - contain a statement of compatibility prepared under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011; and
(g) contain such other information as is prescribed by regulation.
Requirements for supplementary explanatory statements
(3) A supplementary explanatory statement for a legislative instrument must:
(a) be approved by the rule-maker; and
(b) contain such other information as is prescribed by regulation.
Single explanatory statements - one or more legislative instruments
(4) A single explanatory statement may relate to one or more legislative instruments.
15K Registration - enforceability of legislative instruments
(1) A legislative instrument is not enforceable by or against any person (including the Commonwealth) unless the instrument is registered as a legislative instrument.
(2) A failure by the rule-maker to lodge an explanatory statement in relation to a legislative instrument for registration as required by subsection 15G(4) does not affect the validity or enforceability of the instrument.
15L Events affecting the currency or accuracy of the Register
(1) The responsible person for a registered Act, legislative instrument or notifiable instrument must give notice to the First Parliamentary Counsel of the occurrence of any of the following events in relation to the Act or instrument:
(a) an event resulting in, or otherwise affecting, the commencement of the Act or instrument (or a provision of the Act or instrument);
(b) a discretionary compilation event for the Act or instrument;
(c) an event resulting in the Act or instrument (or a provision of the Act or instrument) being repealed, lapsing, expiring or otherwise ceasing to be in force;
(d) an event resulting in the Act or instrument, or a provision of the Act or instrument, being (or being declared by a court or tribunal to be) invalid or unenforceable;
(e) the responsible person’s becoming aware of:
(i) an error in the Register to which subsection 15D(1) (correction of registration errors) may apply; or
(ii) any other error in the Register;
(f) another event prescribed by the rules.
Example: If a registered legislative instrument is expressed to commence when a particular treaty comes into force for Australia, paragraph (1)(a) would require the responsible person for the instrument to notify the First Parliamentary Counsel when the treaty comes into force.
(2) However, subsection (1) does not require the responsible person to give notice to the First Parliamentary Counsel of any of the following events in relation to a registered Act or instrument:
(a) the occurrence of a day or time specified in the Act or instrument, or the making of a commencement instrument, resulting in, or otherwise affecting, the commencement of the Act or instrument (or a provision of the Act or instrument);
(b) a required compilation event for the Act or instrument;
(c) for a disallowable legislative instrument - the disallowance of:
(i) the instrument (or a provision of the instrument); or
(ii) another legislative instrument (or a provision of another legislative instrument) that amends the instrument;
(d) for a legislative instrument or notifiable instrument - the amendment or repeal of the instrument by:
(i) the operation of Part 3 of Chapter 3 (repeal of spent instruments or provisions); or
(ii) the operation of Part 4 of Chapter 3 (sunsetting of legislative instruments);
(e) another event prescribed by the rules.
15M Rules for lodgement and registration
The rules may provide for, or in relation to, any of the following:
(a) the lodgement of instruments and documents for registration, including any or all of the following:
(i) the form in which instruments and documents must or may be lodged;
(ii) any other matters affecting how instruments and documents must or may be lodged;
(iii) the information that must or may be provided with instruments and documents;
(iv) the certification of instruments and documents;
(v) other requirements to be satisfied for lodgement;
(b) the identification of instruments and documents lodged for registration, including authorising the First Parliamentary Counsel to do any or all of the following:
(i) adding a name to an unnamed instrument or document;
(ii) amending the name of an instrument or document;
(iii) adding anything to an instrument or document to assist in its identification;
(iv) doing anything else in relation to an instrument or document to assist users of the Register to identify or refer to the instrument or document;
(c) the withdrawal of lodgement of instruments or documents;
(d) the registration of Acts, instruments and documents;
(e) the refusal of registration of instruments and documents;
(f) alternative arrangements for the registration of Acts, instruments and documents in the event of technical difficulties;
(g) any other matter relating to the lodgement of instruments and documents;
(h) any other matter relating to the registration of Acts, instruments and documents.
Part 2 - Compilations
Division 1 - Simplified outline of this Part
15N Simplified outline of this Part
A compilation shows the text of an Act, legislative instrument or notifiable instrument as amended (if at all) and in force on the compilation date stated in the Act or instrument.
The First Parliamentary Counsel must generally register a compilation after a registered Act or instrument is amended, and in some other circumstances.
A rule-maker for a legislative instrument or notifiable instrument must lodge a compilation for registration if the instrument is amended, or in some circumstances on notice from the First Parliamentary Counsel.
The First Parliamentary Counsel may make editorial changes and some other changes in preparing a compilation of a registered Act or instrument, as long as they do not change the effect of the Act or instrument.
Division 2 - Registration of compilations
15P Registered compilations - information requirements
(1) Without limiting the information that a registered compilation of an Act, legislative instrument or notifiable instrument (the principal law ) may include, the registered compilation must include the following information:
(a) the compilation date;
(b) if any editorial changes are made in preparing the compilation - a statement that editorial changes have been made and a brief outline of the changes in general terms;
(c) details (including commencement details) of any Act or instrument that amends the principal law;
(d) the amendment history of provisions of the principal law;
(e) any further information prescribed by the rules.
(2) However, the information mentioned in any of paragraphs (1)(c) to (e) does not need to be included in the compilation if:
(a) the First Parliamentary Counsel is satisfied that the information mentioned in that paragraph is otherwise appropriately available on an approved website to users of the Federal Register of Legislation; and
(b) the compilation indicates in general terms how users of the Register may access that information on the approved website.
15Q Definitions of required compilation event and discretionary compilation event etc.
Definitions
(1) A required compilation event occurs for an Act, legislative instrument or notifiable instrument when:
(a) the Act or instrument is expressly amended (otherwise than under section 48C or 48D); or
(b) in the case of a disallowable legislative instrument:
(i) a provision of the instrument is disallowed under section 42; or
(ii) a provision of another disallowable legislative instrument has amended a provision of the instrument, but the amending instrument, or the amending provision, is disallowed under section 42; or
(c) a provision of the Act or instrument is repealed, lapses, expires or otherwise ceases to be in force under another Act or instrument (other than this Act), or because of the making of another Act or instrument; or
(d) something else happens that is prescribed by the rules for the purposes of this paragraph.
(2) A discretionary compilation event occurs for an Act, legislative instrument or notifiable instrument when:
(a) a provision of the Act or instrument commences; or
(b) in the case of a legislative instrument or notifiable instrument - the instrument is amended by section 48C or 48D; or
(c) the Act or instrument is modified; or
(d) the Act or instrument is impliedly amended; or
(e) a provision of the Act or instrument is repealed, lapses, expires or otherwise ceases to be in force under another provision of that Act or instrument; or
(f) if no compilation has been registered for the Act or instrument - the text of the Act or instrument as registered otherwise ceases to show the text of the Act or instrument as in force; or
(g) if a compilation has been registered for the Act or instrument - the text of the latest registered compilation otherwise ceases to show the text of the Act or instrument as amended (if at all) and in force; or
(h) something else happens that is prescribed by the rules for the purposes of this paragraph.
Note: Sections 48C and 48D provide for the automatic repeal of amending, repealing and commencement provisions of legislative instruments and notifiable instruments.
When an Act or instrument is amended
(3) For the purposes of this Division, an Act or instrument is amended by an Act or instrument, or a provision of an Act or instrument, when the amending Act or provision commences.
15R Lodgement of compilations of instruments - required compilation events
Compilation required to be prepared and lodged
(1) If a required compilation event occurs for a legislative instrument or notifiable instrument, the rule-maker must prepare and lodge for registration a compilation of the instrument for registration.
Compilation date
(2) The compilation date for the compilation must be the date of the required compilation event.
Time for lodgement
(3) The rule-maker must lodge for registration the compilation required by subsection (1) within 28 days after the event occurs, or a longer period allowed by the First Parliamentary Counsel.
Exceptions
(4) This section does not apply to legislative instruments or notifiable instruments, or in circumstances, prescribed by rules made for the purposes of this subsection.
Example: A circumstance prescribed by the rules may be if the First Parliamentary Counsel prepares and registers a compilation of a legislative instrument or notifiable instrument.
15S Lodgement of compilations of instruments - discretionary compilation events
Compilation required to be prepared and lodged if notice given
(1) If a discretionary compilation event occurs for a legislative instrument or notifiable instrument, the First Parliamentary Counsel may, by written notice given to the rule-maker, require the rule-maker, within a period stated in the notice, to prepare and lodge for registration a compilation of the instrument for registration.
Compilation date
(2) The compilation date for the compilation must be the date of the discretionary compilation event.
Time for lodgement
(3) If a notice is given under subsection (1) to a rule-maker for an instrument, the rule-maker must lodge for registration a compilation of the instrument within the period stated in the notice, or a longer period allowed by the First Parliamentary Counsel.
15T Registration of compilations
Required compilation events for Acts
(1) If a required compilation event occurs for an Act, the First Parliamentary Counsel must prepare and register a compilation of the Act as soon as practicable afterwards.
Required compilation events for instruments
(2) If a required compilation event occurs for a legislative instrument or notifiable instrument, the First Parliamentary Counsel must register a compilation of the instrument:
(a) if a compilation is lodged for registration within 28 days after the event, or within a longer period allowed by the First Parliamentary Counsel - as soon as practicable after lodgement; or
(b) if a compilation is not lodged for registration within that period - as soon as practicable after the end of the period.
(3) However, if a required compilation event occurs for a legislative instrument or notifiable instrument, and section 15R does not apply because of subsection 15R(4), the First Parliamentary Counsel must prepare and register a compilation of the instrument as soon as practicable afterwards.
Discretionary compilation events for Acts and instruments
(4) If a discretionary compilation event occurs for an Act or a legislative instrument or notifiable instrument, the First Parliamentary Counsel may prepare and register a compilation of the Act or instrument.
(5) If a discretionary compilation event occurs for a legislative instrument or notifiable instrument, and the First Parliamentary Counsel gives the rule-maker for the instrument a notice under section 15S, the First Parliamentary Counsel must register a compilation of the instrument:
(a) if a compilation is lodged for registration within the period stated in the notice, or within a longer period allowed by the First Parliamentary Counsel - as soon as practicable after lodgement; or
(b) if a compilation is not lodged for registration within that period - as soon as practicable after the end of the period.
No required or discretionary compilation event for Act or instrument
(6) The First Parliamentary Counsel may prepare and register a compilation of an Act, legislative instrument or notifiable instrument even if neither a required compilation event nor a discretionary compilation event has occurred for the Act or instrument.
Repeal, disallowance, lapse or expiry of Act or instrument
(7) The First Parliamentary Counsel must ensure that a registered compilation of an Act, legislative instrument or notifiable instrument is no longer shown on the Register as a compilation currently in force as soon as practicable after:
(a) the Act or instrument is repealed, expires, lapses or otherwise ceases to be in force; or
(b) for a disallowable legislative instrument - the instrument is disallowed under section 42.
15U Compilations - rules
General
(1) The rules may provide for, or in relation to, any of the following in relation to compilations of Acts, legislative instruments or notifiable instruments:
(a) the format, layout and printing style required for compilations, and any other presentational aspects of compilations;
(b) the extent and form of the information mentioned in subsection 15P(1) or (2) that is required to be included in compilations, or made available on an approved website;
(c) any other matter relating to the preparation of compilations;
(d) the lodgement of compilations of instruments for registration, including any of the following:
(i) the form in which compilations must or may be lodged;
(ii) how compilations must or may be lodged;
(iii) the information that must or may be provided with or for compilations;
(iv) the certification of compilations;
(v) other requirements to be satisfied for compilations;
(e) the withdrawal of lodgement of compilations of instruments;
(f) the registration of compilations of Acts and instruments;
(g) the refusal of registration of compilations of instruments;
(h) alternative arrangements for the registration of compilations of Acts, and for the lodgement and registration of compilations of instruments, in the event of technical difficulties;
(i) any other matter relating to the lodgement or registration of compilations of Acts or instruments.
Compilations reflecting retrospective amendments
(2) If an amendment of an Act, a legislative instrument or a notifiable instrument commences retrospectively, in addition to any other requirement or power under this Division in relation to the lodgement or registration of a compilation of the Act or instrument as a result of that amendment, the rules may provide for:
(a) in the case of the amendment of an Act - the registration of compilations of the Act with different specified compilation dates; and
(b) in the case of the amendment of an instrument - the lodgement and registration of compilations of the instrument with different specified compilation dates.
Note 1: In this situation, this Division may require the lodgement or registration of a compilation of an Act or instrument with a compilation date that is the date of retrospective commencement of the amendments.
Note 2: Rules under subsection (2) may also require or permit the lodgement or registration of an additional compilation or compilations (with different compilation dates) reflecting the retrospective effect of the amendments.
Division 3 - Editorial changes and other changes
15V Power to make editorial changes and other changes
Editorial changes
(1) In preparing a compilation of an Act, legislative instrument or notifiable instrument for registration (including a compilation that has been lodged for registration), the First Parliamentary Counsel may make editorial changes to any text that is part of the Act or instrument.
Note 1: For what is an editorial change , see section 15X.
Note 2: For what text forms part of the Act or instrument, see section 13 of the Acts Interpretation Act 1901 (which applies in relation to instruments under section 13 of this Act).
(2) The First Parliamentary Counsel may make an editorial change to an Act or instrument under subsection (1) only if he or she considers the change to be desirable to:
(a) bring the Act or instrument into line, or more closely into line, with legislative drafting practice being used by the Office of Parliamentary Counsel; or
(b) correct an error, or ensure that a misdescribed amendment of the Act or instrument is given effect to as intended.
Presentational changes
(3) In preparing a compilation of an Act, legislative instrument or notifiable instrument for registration (including a compilation that has been lodged for registration), the First Parliamentary Counsel may make changes to the Act or instrument that affect the format, layout or printing style of the Act or instrument, or any other presentational aspect of the Act or instrument.
(4) The First Parliamentary Counsel may make a change to an Act or instrument under subsection (3) only if he or she considers the change to be desirable to bring the Act or instrument into line, or more closely into line, with legislative drafting practice being used by the Office of Parliamentary Counsel.
Text not part of an Act or instrument
(5) In preparing a compilation of an Act, legislative instrument or notifiable instrument (including a compilation that has been lodged for registration), the First Parliamentary Counsel may include, omit or change any text that is not part of the Act or instrument, including (without limitation) any of the following:
(a) a table of contents or other provision that only describes the arrangement of the Act or instrument (or provisions of the Act or instrument) into groups of provisions;
(b) a reader’s guide, simplified outline or similar text that only describes the nature or effect of the Act or instrument;
(c) text, known as alternative text (or “alt text”), that does not form part of the Act or instrument because of subsection 13(3) of the Acts Interpretation Act 1901 (including that subsection as applied by section 13 of this Act);
(d) for an instrument - instrument-making words.
Note: For paragraph (c), alternative text may, for example, aurally indicate the effect of a graphic image in an Act or instrument to assist users of an approved website who have visual disabilities.
No change of effect
(6) The First Parliamentary Counsel must not make a change to an Act or instrument under this section that would change the effect of the Act or instrument.
(7) Subsection (6) does not prevent the First Parliamentary Counsel making a change to an Act or instrument mentioned in paragraph (2)(m) of the definition of editorial change in subsection 15X(2), or any editorial change consequential on such a change, as mentioned in paragraph (2)(q) of that definition.
Note: Such a change consists of the incorporation into an Act or instrument of an application, savings, transitional, validation or similar provision that is contained in an amending Act or instrument.
15W Editorial changes treated in the same way as amendments
If the First Parliamentary Counsel makes an editorial change to an Act or instrument under section 15V in preparing a compilation, then, after the registration of the compilation:
(a) the Act or instrument has effect for all purposes as if the change had been made by an amendment of the Act or instrument that commenced on the day the compilation was registered; and
(b) the Act or instrument may be further amended as if the change had been made by an amendment of the Act or instrument.
15X Definition of editorial change
(1) This section describes the kinds of editorial changes that the First Parliamentary Counsel may make to an Act, legislative instrument or notifiable instrument under section 15V in preparing a compilation of the Act or instrument.
Note: An editorial change cannot be made to an Act, legislative instrument or notifiable instrument if it would change the effect of the Act or instrument (see subsection 15V(6)).
(2) An editorial change to an Act, legislative instrument or notifiable instrument is a change made by the First Parliamentary Counsel that:
(a) goes only to a matter of spelling, punctuation, grammar or syntax, or the use of conjunctives and disjunctives; or
(b) updates a reference to:
(i) a law covered by subsection (3) (or a provision of such a law); or
(ii) a person, body or other entity, or an office, position, place, document or thing; or
(c) changes the short title of an Act or the name of an instrument, or the name of the types of provision in an instrument; or
(d) numbers or renumbers a provision of the Act or instrument; or
(e) changes the order of definitions or other provisions of the Act or instrument; or
(f) replaces a reference to a provision of a law covered by subsection (3) with a different form of reference to the provision; or
(g) changes the way of referring to or expressing a number, year, date, time, amount of money or other amount, penalty, quantity, measurement or other matter, idea or concept; or
Example: A reference in a form to “this [blank] day of [blank] 19…” may be changed to “[Date]”.
(h) changes language that indicates gender or that could be taken to indicate gender; or
(i) omits or changes a table of contents or other provision that only describes the arrangement of the Act or instrument (or provisions of the Act or instrument) into groups of provisions; or
(j) omits or changes a reader’s guide, simplified outline or other text that only describes the nature or effect of the Act or instrument; or
(k) omits a provision, or a reference to a law covered by subsection (3) (or a provision of such a law) that has expired, the operation of which is exhausted or spent, or that is otherwise obsolete or redundant; or
(l) omits, inserts or changes a term that identifies a provision of the Act or instrument as a provision, or part of a provision, of the Act or instrument; or
Examples: The following are examples of references to provisions:
(a) of these regulations;
(b) of this regulation;
(c) of this section;
(d) hereof;
(e) said.
(m) incorporates into the Act or instrument (the principal law ) an application, savings, transitional, validation or similar provision that is contained in another Act or instrument that amends the principal law; or
(n) shows the effect of any amendment of the Act or instrument, or is consequential on any such amendment; or
Example: The heading to a section may be changed to reflect the effect of an amendment of the section.
(o) if an amendment of the Act or instrument is misdescribed by an amending Act or instrument - gives effect to the misdescribed amendment as intended; or
(p) corrects an error covered by subsection (4); or
(q) is consequential on any other editorial change made to the Act or instrument or to another Act or instrument.
(3) This subsection covers the following laws:
(a) an Act;
(b) an instrument made under an Act or another power given by law;
(b) an Act of a State, a Territory or New Zealand, or an instrument made under such an Act.
(4) This subsection covers the following errors:
(a) typographical and clerical errors;
(b) grammatical and spelling errors, and errors of punctuation;
(c) errors in numbering, cross-referencing and alphabetical ordering;
(d) errors in references to laws or instruments, or provisions of such laws, covered by subsection (3);
(e) errors in or arising out of an amendment of an Act or instrument, including errors relating to the number of times such an amendment is expressed to be made;
(f) any other errors of a nature similar to those mentioned in paragraphs (a) to (e).
Part 3 - Authorised versions and judicial notice
Division 1 - Introduction
15Y Simplified outline of this Part
Authorised versions of registered Acts, legislative instruments, notifiable instruments, explanatory statements for legislative instruments and compilations may be sourced from the approved website. Judicial notice may be taken of authorised versions and related matters.
15Z Scope of this Part
This Part applies in relation to each of the following documents (a registered law or explanatory statement ) and, in the same way, to a provision or part of each document:
(a) a registered Act;
(b) a registered legislative instrument or notifiable instrument;
(c) a registered explanatory statement for a legislative instrument;
(d) a registered compilation of an Act, legislative instrument or notifiable instrument.
Division 2 - Authorised versions and judicial notice
15ZA Authorised versions
Authorised electronic versions
(1) An electronic copy of a registered law or explanatory statement is an authorised version of the registered law or explanatory statement if:
(a) the electronic copy is accessed at, or downloaded from, an approved website in a format prescribed by the rules; and
(b) either:
(i) the website indicates, in a way prescribed by the rules, that such a copy is an authorised version; or
(ii) the electronic copy indicates, in a way prescribed by the rules, that it is an authorised version.
Example: For paragraph (a), a locked pdf file may be a format prescribed by the rules.
(2) An electronic copy of a registered law or explanatory statement is an authorised version of the registered law or explanatory statement if:
(a) it is in a format prescribed by the rules; and
(b) the electronic copy indicates, in a way prescribed by the rules, that it is an authorised version.
Example: For paragraph (a), a locked pdf file may be a format prescribed by the rules.
Authorised printed versions
(3) A printed copy of a registered law or explanatory statement is an authorised version of the registered law or explanatory statement if the copy indicates, in a way prescribed by the rules, that it is an authorised version.
(4) A printed copy of a registered law or explanatory statement is an authorised version of the registered law or explanatory statement if the copy is produced directly from another version of the registered law or explanatory statement that is an authorised version under subsection (1), (2) or (3), or this subsection.
Presumptions about an approved website and registered laws or explanatory statements
(5) It is presumed, unless the contrary is proved, that:
(a) a website purporting to be an approved website is an approved website; and
(b) if accessed at a website mentioned in paragraph (a), an Act, a legislative instrument, a notifiable instrument, an explanatory statement for a legislative instrument or a compilation of an Act or a legislative instrument or notifiable instrument is registered; and
(c) an electronic copy of a registered law or explanatory statement accessed at, or downloaded from, an approved website is an authorised version under subsection (1), if:
(i) the website indicates (in any way) that such a copy is an authorised version; or
(ii) the copy indicates (in any way) that the copy is an authorised version; and
(d) an electronic copy of a registered law or explanatory statement is an authorised version under subsection (2) if the copy indicates (in any way) that it is an authorised version; and
(e) a printed copy of a registered law or explanatory statement is an authorised version under subsection (3) or (4) if the copy indicates (in any way) that it is an authorised version; and
(f) an authorised version of a registered Act, legislative instrument or notifiable instrument, as made, correctly shows the text of the Act or instrument as made; and
(g) an authorised version of a registered explanatory statement for a legislative instrument correctly shows the text of the statement as approved by the rule-maker (under subsection 15J(2) or (3)); and
(h) an authorised version of a registered compilation of an Act, legislative instrument or notifiable instrument correctly shows the text of the Act or instrument as amended (if at all) and in force on the compilation date.
Forms of indication
(6) A way of indicating that is prescribed by rules made for the purposes of subsection (1), (2) or (3), or an indication mentioned in paragraph (5)(c), (d) or (e), may include an indication consisting of any text, including one or more of the following:
(a) a logo;
(b) a form of words;
(c) a unique identifier, for a registered law or explanatory statement, prescribed by the rules.
15ZB Judicial notice
(1) In proceedings in a court or tribunal, proof is not required about any of the following:
(a) the assent, and the day of assent, of an Act;
(b) the making, and the day of making, of a registered legislative instrument or notifiable instrument;
(c) the text of a registered law or explanatory statement;
(d) the registration, and day of registration, of a registered law or explanatory statement;
(e) the commencement of a registered Act, legislative instrument or notifiable instrument, or any provision of a registered Act, legislative instrument or notifiable instrument;
(f) editorial changes made to an Act, legislative instrument or notifiable instrument in preparing a registered compilation of the Act or instrument;
(g) the text and compilation date of a registered compilation of an Act, legislative instrument or notifiable instrument;
(h) whether a copy of a registered law or explanatory statement is an authorised version of the registered law or explanatory statement.
(2) A court or tribunal may inform itself of anything mentioned in subsection (1) in any way it considers appropriate.
(3) However, the court or tribunal must consider whether the source it intends to use appears to be a reliable source of information.
(4) For the purposes of subsection (3), an authorised version of a registered law or explanatory statement is a reliable source of information.
(5) This section does not limit any other law providing how a court or tribunal may be informed about a matter mentioned in subsection (1).