House of Representatives

Explanatory Memorandum

(Circulated by authority of the Attorney-General, the Honourable Daryl Williams AM QC MP)

Outline and financial impact

Outline

This Bill deals with certain transitional and consequential matters arising from the enactment of the Legislative Instruments Act 2003 (the 2003 Act). These matters include:

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applying the 2003 Act to rules of court;

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repealing sections 46 and 46A of the Acts Interpretation Act 1901 and replacing them with provisions dealing with the construction and disallowance of non-legislative instruments;

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repealing sections 48, 48A, 48B, 49, 49A and 50 of the Acts Interpretation Act; and

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repealing the Statutory Rules Publication Act 1903.

While the repeal of sections 48 to 50 of the Acts Interpretation Act will mean that existing references to those provisions in Commonwealth legislation will be redundant, this Bill does not purport to amend all Commonwealth legislation to remove those references. The operation and subject matter of the repealed provisions will be covered by the 2003 Act where they relate to legislative instruments, and by the Acts Interpretation Act as amended by this Bill where they relate to non-legislative instruments, thereby preserving the status quo.

There are, however, a number of pieces of Commonwealth legislation that modify the operation of sections 48 to 50 of the Acts Interpretation Act in relation to instruments made under that legislation. Where this is the case, this Bill continues that modification by transitional provisions or by making consequential amendments to the enabling legislation so that it refers to the relevant part of the 2003 Act or the Acts Interpretation Act.

The Bill includes a retrospective regulation-making power in relation to transitional issues raised by this Bill (including the need to address any saving or application provisions).

Financial impact statement

The amendments by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Bill 2003 have no significant financial impact.

The Financial Impact issues associated with the introduction of the Legislative Instruments Act 2003 and the establishment of the Federal Register of Legislative Instruments are set out in the Explanatory Memorandum for the Legislative Instruments Act 2003.