Legislation Act 2003

Chapter 2 - Registration of Acts, legislative instruments and notifiable instruments

View history reference

View history note

Part 1 - The Federal Register of Legislation

View history reference

View history note

Division 2 - Federal Register of Legislation

View history note

SECTION 15D Federal Register of Legislation - rectification of Register

View history reference

15D(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 ).

15D(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.

15D(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

15D(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.

View history note

History

S 15D substituted by No 78 of 2018, s 3 and Sch 2 item 11, applicable in relation to errors rectified on or after 24 February 2019. S 15D formerly read:

SECTION 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.

S 15D inserted by No 10 of 2015, s 3 and Sch 1 item 26, effective 5 March 2016. See note under the title of the Act.

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.