Acts and Instruments (Framework Reform) Act 2015 (10 of 2015)

Schedule 1   Acts, legislative instruments and notifiable instruments

Part 7   Application, savings and transitional

179   Saving and transitional - repeal of section 46B of the Acts Interpretation Act 1901

(1) This item applies in relation to an instrument to which section 46B of the Acts Interpretation Act 1901 applied that was in force immediately before the commencement of this Schedule.

(2) Despite the repeal of section 46B of the Acts Interpretation Act 1901 by Part 2 of this Schedule:

(a) that section, and the Legislative Instruments Act 2003 (as applied by that section), continue to apply in relation to the instrument as in force immediately before the commencement of this Schedule; and

(b) the instrument continues in force on and after that commencement, subject to:

(i) the Act under which the instrument was made; and

(ii) section 46B of the Acts Interpretation Act 1901, as applied by paragraph (a).

(3) The rule-maker for the instrument may lodge the instrument for registration as a legislative instrument under the Legislation Act 2003 on or after the commencement of this Schedule.

(4) If the instrument is lodged for registration under subitem (3), the First Parliamentary Counsel must register the instrument under that Act as a legislative instrument.

(5) If the instrument is registered under subitem (4):

(a) the requirements of Part 2 of Chapter 3 of the Legislation Act 2003 (which deals with parliamentary scrutiny) are taken to have been satisfied in relation to the instrument; and

(b) that Act otherwise applies to the instrument in the same way that it would in relation to any other legislative instrument registered at that time.

Note: Section 46B of the Acts Interpretation Act 1901 provided a notice and parliamentary scrutiny regime for some instruments that were declared not to be legislative instruments.