Legislation Amendment (Sunsetting Review and Other Measures) Act 2018 (78 of 2018)

Schedule 2   Other measures

Part 1   Main amendments

Division 2   Amendments commencing on Proclamation

Legislation Act 2003

11   Section 15D

Repeal the section, substitute:

15D Federal Register of Legislation - r ectification of Register

(1) If:

(a) the First Parliamentary Counsel becomes aware that the Register contains an error; and

(b) the error is that:

(i) for an Act as assented to - the text of the Act as it appears in the Register is not the same as the text of the Act as assented to; or

(ii) for a legislative instrument or notifiable instrument as made by the rule-maker - the text of the instrument as it appears in the Register is not the same as the text of the instrument as made by the rule-maker; or

(iii) for a compilation - the compilation as it appears in the Register does not represent the state of the law that it purports to represent; or

(iv) for any other document on the Register - the text of the document as it appears in the Register is not the same as the text of the original document;

the First Parliamentary Counsel must arrange for the error in the Register to be rectified as soon as possible.

Note: A disallowable legislative instrument may be required to be re-tabled in the Parliament as a result of the rectification (see section 15DA).

(2) The First Parliamentary Counsel must include in the Register a statement that the rectification has been made, and a brief outline of the rectification in general terms.

(3) The rectification:

(a) does not affect any right or privilege that was acquired, or that accrued, because of reliance on the content of the Register before the rectification was made; and

(b) does not impose or increase any obligation or liability that was incurred before the rectification was made.

Rectification does not affect time of registration

(4) To avoid doubt, the rectification of an error under subsection (1) in relation to an instrument does not affect the time at which the instrument is taken to have been registered.

Note: For example, subsection (1) does not affect the commencement of an instrument that is expressed to commence on the day after registration.

15DA Requirement for re-tabling and new disallowance period after rectification of Register

(1) This section applies if:

(a) the First Parliamentary Counsel rectifies an error in the Register referred to in subparagraph 15D(1)(b)(ii); and

(b) the rectification results in a version (the originally tabled version ) of a disallowable legislative instrument that was previously registered being replaced by another version (the correct version ) of the instrument; and

(c) at the time of the rectification, the originally tabled version of the instrument has been laid before either or both Houses of the Parliament under subsection 38(1).

Requirement for re-tabling

(2) The First Parliamentary Counsel must arrange for a copy of the correct version of the instrument to be delivered to each House of the Parliament to be laid before each House within 6 sitting days of that House after the rectification.

Note: The re-tabling of the instrument does not affect any disallowance of the instrument. In all other cases, the re-tabling of the instrument starts a new disallowance period (see subsections (3) and (4)).

Application of new disallowance period

(3) The following applies (subject to subsection (4)) for the purposes of this Act:

(a) the instrument is taken to have been delivered to, and laid before, a House of the Parliament under subsection 38(1) when the instrument is delivered to, and laid before, that House under subsection (2) of this section (except for the purposes of subsection 39(2));

(b) the instrument becomes subject to disallowance under Part 2 of Chapter 3;

(c) section 46 applies as if the instrument had been registered at the time of the rectification;

(d) if the disallowance period for the originally tabled version has ended - any repeal of the instrument or a provision of the instrument under section 48A or 48C is taken not to have occurred;

(e) if:

(i) a notice of motion to disallow the instrument or a provision of the instrument has been given in a House of the Parliament; and

(ii) the notice has not been withdrawn; and

(iii) the motion has not been disposed of;

at the time the correct version of the instrument is laid before a House as mentioned in subsection (2) - that notice of motion is taken to have been given in that House on the sitting day of that House after the correct version of the instrument is laid before that House;

(f) if a provision of the instrument (but not the whole instrument) has previously been disallowed - the laying before a House of the Parliament as mentioned in subsection (2) does not affect the previous disallowance of the provision.

(4) Subsection (3) does not apply in relation to an instrument if, at the time the instrument is delivered to a House of the Parliament under subsection (2), the instrument has been disallowed.

Section does not affect time of registration

(5) To avoid doubt, the laying before a House of the Parliament of an instrument as mentioned in subsection (2) does not affect the time at which the instrument is taken to have been registered (except as provided by paragraph (3)(c)).