Legislative Instruments Amendment (Sunsetting Measures) Act 2012 (135 of 2012)

Schedule 1   Legislative Instruments Act 2003

Part 1   Repeal of spent instruments and provisions

10   After Part 5

Insert:

Part 5A - Repeal of spent legislative instruments and provisions

Division 1 - Automatic repeal

Subdivision A - Repeal of amending and repealing instruments

48A Automatic repeal of amending and repealing instruments

(1) This section repeals a legislative instrument that is made on or after the commencement of this section and whose only legal effect is to amend or repeal one or more other legislative instruments (without making any application, saving or transitional provisions relating to the amendment or repeal).

Time of repeal

(2) The repeal of the instrument by this section happens on the day after the last occurrence of one of the following events:

(a) the commencement of the instrument or of the last of its provisions to commence;

(b) the registration of the instrument.

Effect of repeal

(3) The repeal of the instrument by this section does not affect any amendment or repeal made by the instrument. This does not limit the effect of section 7 of the Acts Interpretation Act 1901 as it applies in relation to the repeal of the instrument by this section because of section 13 of this Act.

(4) The repeal of the instrument by this section does not prevent section 38 or 42 from applying to the instrument after the repeal. That application does not delay the repeal of the instrument by this section.

Subdivision B - Repeal of commencement instruments

48B Automatic repeal of commencement instruments

(1) This section repeals a legislative instrument that is made on or after the commencement of this section and provides solely for the commencement of another legislative instrument, an Act or a provision of another legislative instrument or Act.

Time of repeal

(2) The repeal of the instrument by this section happens on the day after the last occurrence of one of the following events:

(a) the commencement (or the last commencement) the instrument provides for;

(b) the registration of the instrument.

Effect of repeal

(3) The repeal of the instrument by this section does not affect any commencement the instrument provides for. This does not limit the effect of section 7 of the Acts Interpretation Act 1901 as it applies in relation to the repeal of the instrument by this section because of section 13 of this Act.

Subdivision C - Repeal of amending or repealing provisions of legislative instruments containing other matter

48C Automatic repeal of amending and repealing provisions

(1) This section repeals a provision of a legislative instrument if:

(a) the instrument is made on or after the commencement of this section but is not an instrument described in subsection 48A(1); and

(b) the only legal effect of the provision (alone or in conjunction with other provisions of the instrument) is:

(i) to amend or repeal one or more other legislative instruments; or

(ii) to amend the instrument containing the provision.

Time of repeal

(2) The repeal of the provision by this section happens on the day after the last occurrence of one of the following events:

(a) the commencement of the provision;

(b) the registration of the instrument containing the provision.

Effect of repeal

(3) The repeal of the provision by this section does not affect any amendment or repeal made by the provision. This does not limit the effect of section 7 of the Acts Interpretation Act 1901 as it applies in relation to the repeal of the provision by this section because of section 13 of this Act.

(4) The repeal of the provision by this section does not prevent:

(a) section 38 from applying after the repeal to the instrument containing the provision; or

(b) section 42 from applying after the repeal to the provision or to the instrument containing the provision.

Neither of those applications delays the repeal of the provision by this section.

Subdivision D - Repeal of commencement provisions of legislative instruments containing other matter

48D Automatic repeal of commencement provisions

(1) This section repeals a provision of a legislative instrument if:

(a) the instrument is made on or after the commencement of this section but is not an instrument described in subsection 48B(1); and

(b) the provision provides solely for the commencement of the instrument, another legislative instrument or an Act or the commencement of a provision of the instrument, another legislative instrument or an Act.

Time of repeal

(2) The repeal of the provision by this section happens on the day after the last occurrence of one of the following events:

(a) the commencement (or the last commencement) the provision provides for;

(b) the registration of the instrument containing the provision.

Effect of repeal

(3) The repeal of the provision by this section does not affect any commencement the provision provides for. This does not limit the effect of section 7 of the Acts Interpretation Act 1901 as it applies in relation to the repeal of the provision by this section because of section 13 of this Act.

Division 2 - Repeal by regulations

48E Regulations may repeal legislative instruments, or provisions of legislative instruments, no longer required

(1) The regulations may repeal a legislative instrument or a provision of a legislative instrument.

(2) Before the Governor-General makes a regulation for the purposes of subsection (1), the Attorney-General must be satisfied that the legislative instrument or provision to be repealed is spent or is no longer required.