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S 46B repealed by No 10 of 2015, s 3 and Sch 1 item 117, effective 5 March 2016. For application, savings and transitional provisions, see note under s 46AA(1) . S 46B formerly read:

SECTION 46B DISALLOWABLE NON-LEGISLATIVE INSTRUMENTS  
46B(1)
This section applies to instruments:

(a) that are neither legislative instruments for the purposes of the Legislative Instruments Act 2003 nor rules of court; and

(b) that are made under a provision of an Act or legislative instrument (the enabling provision ); and

(c) that are expressly declared by the enabling provision or by another provision of the Act or instrument to be disallowable instruments for the purposes of this section.

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

46B(2)
An instrument to which this section applies that is made on or after the commencing day for the purposes of the Legislative Instruments Act 2003 , 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 of notification under subsection (5).

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S 46B(2) amended by No 133 of 2005.

46B(3)
An instrument to which this section applies, or a provision of such an instrument, has no effect if, apart from this subsection, it would take effect before the date of its notification under subsection (5) 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 notification 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 notification.

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S 46B(3) substituted by No 139 of 2003.

46B(4)
The effect of subsections (2) and (3) on an 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.

46B(5)
An instrument to which this section applies must be notified in the Gazette and, if the instrument is not so notified by being published in full in the Gazette , a notice in the Gazette of the instrument's having been made, and of the place or places where copies of it can be purchased, is sufficient compliance with that requirement.

46B(6)
If a notice of the making of an instrument is published in accordance with subsection (5), copies of the instrument must, at the time of publication of the notice or as soon as practicable thereafter, be made available for purchase at the place, or at each of the places, specified in the notice.

46B(7)
If, on the day of publication of a notice referred to in subsection (5), there are no copies of the instrument to which the notice relates available for purchase at the place, or at one or more of the places, specified in the notice, the Minister administering the enabling provision must cause to be laid before each House of the Parliament, within 15 sitting days of that House after that day, a statement that copies of the instrument were not so available and the reason why they were not so available.

46B(8)
Failure to comply with a requirement of subsection (6) or (7) in relation to any instrument does not constitute a failure to comply with subsection (5).

46B(9)
A copy of an instrument to which this section applies must be laid before each House of the Parliament not later than 6 sitting days of that House after the instrument is made and, for that purpose, must be delivered to the House by the person or body authorised to make the instrument.

46B(10)
If a copy of an instrument is not laid before each House of the Parliament in accordance with subsection (9), it thereupon ceases to have effect.

46B(11)
Unless the law otherwise provides, Part 5 of the Legislative Instruments Act 2003 , other than sections 38, 39, 40 and 44, applies in relation to an instrument to which this section applies as if:

(aa) the reference in section 37 of the Legislative Instruments Act 2003 to registered were omitted, and the note to that section were repealed; and

(a) references to legislative instruments or to a legislative instrument were references to an instrument to which this section applies; and

(b) references to enabling legislation were references to the enabling provision; and

(c) references to repeal were references to revocation; and

(ca) references to registered were references to made; and

(cb) references to subsection 38(1) of the Legislative Instruments Act 2003 were references to subsection (9) of this section; and

(cc) references to subsection 38(3) of the Legislative Instuments Act 2003 were references to subsection (10) of this section; and

(d) references in subsection 45(2) of the Legislative Instruments Act 2003 to another legislative instrument included references to a provision of another non-legislative instrument made under the enabling provision.

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History

S 46B(11) amended by No 133 of 2005.

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