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 4 heading substituted from Pt 6 heading by No 10 of 2015, s 3 and Sch 1 item 67, effective 5 March 2016. See note under the title of the Act. The heading formerly read:

Part 6 - Sunsetting of legislative instruments

S 54(1) amended by No 78 of 2018, s 3 and Sch 1 item 71, by inserting " or Territories " after " States " , effective 25 August 2018 and applicable in relation to:

(a) a legislative instrument made on or after 25 August 2018; and

(b) a legislative instrument in force immediately before 25 August 2018.

S 54(1) amended by No 10 of 2015, s 3 and Sch 1 item 73, by omitting " made before, on or after the commencing day, " after " legislative instrument " , effective 5 March 2016. See note under the title of the Act.

S 54(2) substituted by No 10 of 2015, s 3 and Sch 1 item 74, effective 5 March 2016. See note under the title of the Act. S 54(2) formerly read:

(2)
This Part does not apply to any legislative instrument that is included in the table below:

Table

Table

Legislative instruments that are not subject to sunsetting
Item	Particulars of instrument
1	Instruments made under section 8 or 9 of the Aboriginal Land Grant (Jervis Bay Territory) Act 1986
2	Instruments relating to aviation security made under the Air Navigation Act 1920 or under the regulations made under that Act
3	Instruments relating to aviation safety made under the Air Services Act 1995 or the Air Services Regulations
4	National Capital Plan made under the Australian Capital Territory (Planning and Land Management) Act 1988
5	Determinations specifying drugs, made under section 4A of the Australian Federal Police Act 1979
6	Statutes made under the Australian National University Act 1991 or rules or orders made under those statutes
7	Instruments made under section 32 of the Australian Postal Corporation Act 1989
8	Instruments made under section 25 or 26 of the Broadcasting Services Act 1992
9	Instruments relating to aviation safety made under the Civil Aviation Act 1988 , the Civil Aviation Regulations 1988 or the Civil Aviation Safety Regulations 1998
10	Fee waiver principles made under subsection 91(1A) of the Classification (Publications, Films and Computer Games) Act 1995
11	(Repealed by No 20 of 2008)
12	Determinations made under paragraph 153L(1)(c) , 153P(2)(c) or 153Q(1)(c) or subsection 153ZIH(2) of the Customs Act 1901
13	(Repealed by No 166 of 2006)
14	Instruments made under subsection 161J(2) or (3) of the Customs Act 1901
15	Instruments made under section 178, 181, 183, 184, 207A, 248, 249, 303CA, 303DB, 303DC, 303EB, 303EC, 303FG, 344 or 350 of the Environment Protection and Biodiversity Conservation Act 1999
16	Excise By-law No. 75, 114, 127, 129, 151 or 154 made under section 165 of the Excise Act 1901
17 - 19	(Repealed by No 89 of 2011)
20	Plans of management made under section 17 of the Fisheries Management Act 1991 and instruments amending such plans made under section 20 of that Act
21	Proclamations made under section 5, warrants made under section 6, or rules made under section 7, of the Flags Act 1953
22	Proclamations made under section 31 of the Great Barrier Reef Marine Park Act 1975 , plans of management prepared in accordance with Part VB of that Act, instruments made under section 39ZG of that Act amending such plans of management, or instruments made under section 39ZH of that Act revoking such plans of management
23	Statutes made under the Maritime College Act 1978 or rules made under those statutes
24	Instruments made under section 7 or 9 of the Motor Vehicle Standards Act 1989
25	Declarations made by Ministers under section 32 of the Mutual Recognition Act 1992
26	Instruments made under subparagraph 26(1)(c)(iv), subsection 26A(1), 26B(1) or 26C(2), paragraph 43(1)(b) or 43A(1)(b), subsection 207A(1), 207B(3), 245(4) or 251C(4) or (5), or paragraph (i) of the definition of infrastructure facility in section 253, of the Native Title Act 1993
27 - 28	(Repealed by No 129 of 2012)
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	Approvals made under section 9 of the Payment Systems and Netting Act 1998
32	Access regimes imposed under section 12, variations of access regimes under section 14, revocation of access regimes under section 15, standards determined, or instruments varying or revoking such standards, under section 18, or instruments made under section 25, of the Payment Systems (Regulation) Act 1998
33	(Repealed by No 44 of 2006)
34	Protection of the Sea (Powers of Intervention) Regulations made under section 23 of the Protection of the Sea (Powers of Intervention) Act 1981
35	Marine Orders made under subsection 34(1) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983
36	Protection of the Sea (Prevention of Pollution from Ships) (Orders) Regulations 1994 made under subsection 33(1) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983
37	Directions issued under section 21 of the Public Service Act 1999
38	Instruments made under section 23 or subsection 24(3) of the Public Service Act 1999
39	Instruments required to be laid before the Parliament under subsection 7(7) of the Remuneration Tribunal Act 1973
40	Declarations made by Ministers under section 31 of the Trans-Tasman Mutual Recognition Act 1997
41	Instruments made under Annual Appropriation Acts
42	Instruments (other than regulations) relating to superannuation
43	Legislative instruments the sole purpose of which, or a primary purpose of which, is to give effect to an international obligation of Australia
44	Legislative instruments the sole purpose of which, or a primary purpose of which, is to confer heads of power on a self-governing Territory
45	Legislative instruments that establish a body having power to enter into contracts for the purposes of the body's functions
46	Ministerial directions to any person or body
47	Ordinances of the non self-governing Territories
48	(Repealed by No 135 of 2012)
49	Certificates issued by the Attorney-General under section 10 or 11 of this Act
50	Regulations made for the purposes of item 24 of the table in subsection 7(1), item 44 of the table in subsection 44(2) or item 51 of this table
51	Legislative instruments that are prescribed by the regulations for the purposes of this table

S 54(2) amended by No 129 of 2012, s 3 and Sch 2 item 16, by repealing table items 27 and 28, effective 1 July 2013. Table items 27 and 28 formerly read:

27	Instruments made under section 421, or Marine Orders made under subsection 425(1AA), of the Navigation Act 1912
28	Navigation (Collision) Regulations 1982 made pursuant to section 258, or Navigation (Orders) Regulations 1980 made pursuant to subsection 425(1), of the Navigation Act 1912

S 54(2) amended by No 135 of 2012, s 3 and Sch 1 item 11, by repealing table item 48, effective 23 September 2012. Table item 48 formerly read:

48	Proclamations that provide solely for the commencement of Acts or provision of Acts

S 54(2) amended by No 89 of 2011, s 3 and Sch 3 item 2, by repealing table items 17, 18 and 19, effective 1 September 2011. Table items 17, 18 and 19 formerly read:

17	Determinations made under subsection 20(1), (2) or (3), or instructions given under section 52, of the Financial Management and Accountability Act 1997
18	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
19	Guidelines issued under regulations made pursuant to section 64 of the Financial Management and Accountability Act 1997

S 54(2) amended by No 125 of 2008, s 3 and Sch 3 item 48, by omitting " Great Barrier Reef Marine Park and Other Legislation Amendment Act 2008 " after " Great Barrier Reef Marine Park Act 1975 " in table item 22, effective 26 November 2008.

S 54(2) amended by No 20 of 2008, s 3 and Sch 2 item 6, by repealing table item 11, effective 1 July 2008.

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.

Table item 11 formerly read:

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

S 54(2) table item 17 amended by No 166 of 2007, s 3 and Sch 1 item 19, by omitting " agreements made under section 31, " after " under subsection 20(1), (2) or (3), " , effective 1 January 2008.

S 54(2) amended by No 166 of 2007, s 3 and Sch 1 item 22, by omitting " directions given under section 32, " before " or instructions given under " in table item 17, effective 25 September 2007.

S 54(2) amended by No 61 of 2007, s 3 and Sch 1 item 47A, by substituting " subsection " for " section 203AD, 203AE, 203AF or 203AG, subsection 203AH(1) or (2), " in table item 26, effective 15 April 2007.

S 54(2) amended by No 166 of 2006, s 3 and Sch 1 items 20 and 21, 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 12 and repealing table item 13, effective 1 January 2007. Table item 13 formerly read:

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

S 54(2) table amended by No 44 of 2006, s 3 and Sch 1 item 1, but repealing table item 33, effective 22 May 2006. The item formerly read:

33: Marine Orders made under subsection 24(1) of the Protection of the Sea (Powers of Intervention) Act 1981

S 54(3) substituted by No 10 of 2015, s 3 and Sch 1 item 74, effective 5 March 2016. See note under the title of the Act. S 54(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 54(3) inserted by No 62 of 2004, s 3 and Sch 1 item 50, effective 1 January 2005.