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Ch10 Legislation / DELEGATED LEGISLATION / Legislative Instruments Act



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House of Representatives                                Ch 10                                                 p 399

 

Legislation / DELEGATED LEGISLATION

 

Legislative Instruments Act

Before 2005, delegated legislation was governed by the Acts Interpretations Act 1901 , as outlined in earlier editions of this publication. The Legislative Instruments Act 2003 commenced operation on 1 January 2005.

The Legislative Instruments Act re-enacts, with some amendment, the provisions of former sections 46A and 48 to 50 of the Acts Interpretation Act that related to regulations and extends their operation to all legislative instruments. Changes include the provision for registration to replace gazettal as the means of publication of legislative instruments, and the shortening of the time allowed for their presentation to each House. Explicit provision for partial disallowance is also new. In contrast to the previous situation in which instruments were declared disallowable by their enabling legislation, instruments are now disallowable unless specifically exempted.