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Legislative Instruments Bill 1996 [No. 2]

Part 4 The Federal Register of Legislative Instruments

Division 1 Preliminary

35   The purpose of the Part

                   The purpose of this Part is to establish the Federal Register of Legislative Instruments and to set out the circumstances in which documents are required to be entered on the Register, the procedures for entering those documents and the consequences of failing to enter those documents.



 

Division 2 The Register

36   Federal Register of Legislative Instruments

             (1)  There is to be kept in the Department, under the control of the Principal Legislative Counsel, a register of legislative instruments to be known as the Federal Register of Legislative Instruments.

             (2)  The Register is to be divided into 4 parts, Part A, Part B, Part C and the Index to the Register.

             (3)  Parts A, B and C consist respectively of scanned images of documents entered on the Register in accordance with the requirements of Divisions 3, 4 and 5.

             (4)  The Index is an index to the material contained in Parts A, B and C prepared in accordance with Division 6.

37   Register to be kept by computer

             (1)  The Register is to be kept by use of a computer as provided by the regulations.

             (2)  The regulations may provide for the manner in which the Register is to be kept including, but without limiting the generality of subsection (1), the manner of:

                     (a)  recording information required to be kept on the Register (whether by electronic scanning of documents or otherwise); and

                     (b)  altering entries on the Register; and

                     (c)  providing access to information on the Register.

38   Inspection of the Register

             (1)  The Principal Legislative Counsel must ensure that the Register is able to be inspected by the public.

             (2)  The Principal Legislative Counsel is taken to comply with subsection (1) by ensuring that members of the public have reasonable access:

                     (a)  to computer terminals to inspect the Index to the Register; and

                     (b)  to copies of instruments and information contained in the Register.

39   The status of the Register and judicial notice of legislative instruments

             (1)  The Register is, for all purposes, to be taken to be a complete and accurate record of the documents whose particulars are contained within it.

             (2)  In any proceedings, proof is not required about the provisions and coming into operation (in whole or in part) of a legislative instrument:

                     (a)  that is extracted from the Register; and

                     (b)  that is printed by the Government Printer.

             (3)  A court or tribunal may inform itself about those matters in any way that it thinks fit.

             (4)  It is presumed, unless the contrary is proved, that a document that purports:

                     (a)  to be an extract from Part A, B or C of the Register; and

                     (b)  to have been printed by the Government Printer;

is what it purports to be.

             (5)  If:

                     (a)  subsection (4) applies to a document; and

                     (b)  the document purports to be a copy of, or to be a copy of a part of, a document that was registered in Part A, B or C of the Register on a particular day and at a particular time;

then it is presumed, unless the contrary is proved and subject to the operation of section 71 in the circumstances described in that section, that the last-mentioned document was registered in that Part of the Register on that day and at that time.

40   Rectification of Register

             (1)  If:

                     (a)  the Principal Legislative Counsel becomes aware that the Register is erroneous because of a mistake, an omission, or a false entry in Part A, B or C of the Register; and

                     (b)  the Principal Legislative Counsel is satisfied that:

                              (i)  the error can be rectified; and

                             (ii)  the error lies in the document as it appears in the Register and not in the document (whether an original document or a copy of an original document) in the form in which it was lodged for registration;

the Principal Legislative Counsel must rectify the error as soon as possible.

             (2)  The Principal Legislative Counsel may alter the Index at any time for any purpose whatsoever, including:

                     (a)  the making of changes necessitated by a rectification of the Register under subsection (1); or

                     (b)  the annotation of the Index to provide information concerning the disallowance, repeal or revival of a legislative instrument or a provision of a legislative instrument, the revocation of an Attorney-General’s certificate or any other information that the Principal Legislative Counsel considers likely to be useful to users of the Register.



 

Division 3 Registration of legislative instruments in

Part A

41   What legislative instruments can be registered in Part A?

                   If a legislative instrument:

                     (a)  is made on or after the commencing day; or

                     (b)  is to be treated, under subsection 67(2), as if made on that day;

the legislative instrument must be registered in Part A.

42   Ordinary procedure for registration in Part A

             (1)  If a legislative instrument is required to be registered under section 41, the rule-maker must, as soon as possible after the making of that legislative instrument, lodge the original instrument for registration with the Principal Legislative Counsel.

             (2)  Subsection 55(2) (which provides that certain instruments are enforceable even if they have not been registered) does not affect subsection (1). This subsection is for the avoidance of doubt.

             (3)  If:

                     (a)  the Principal Legislative Counsel has no reason to doubt that the instrument lodged is the original instrument concerned; and

                     (b)  a copy of the instrument has not already been registered under section 43;

the Principal Legislative Counsel must register the instrument.

43   Registration of copies in certain circumstances

             (1)  The Principal Legislative Counsel may register a copy of an original legislative instrument if he or she is satisfied that:

                     (a)  registration is urgently required; and

                     (b)  the rule-maker is unable to lodge the original instrument on the day on which, or at the time at which, registration is sought; and

                     (c)  the copy is a true copy of the original instrument; and

                     (d)  the rule-maker gives the Principal Legislative Counsel a written assurance that the original instrument will be lodged as soon as possible and not later than 3 working days after registration of the copy.

             (2)  The copy must:

                     (a)  be a good quality copy of the original instrument on A4 paper; and

                     (b)  show signatures and dates as appearing on the original instrument; and

                     (c)  show all of the material printed on the original instrument; and

                     (d)  show the handwritten notations (if any) appearing on the original instrument.

44   Explanatory statement to be lodged with Principal Legislative Counsel

             (1)  The rule-maker must, at the time of, or as soon as practicable after, lodging a legislative instrument, or a copy of a legislative instrument, with the Principal Legislative Counsel for registration in Part A, also lodge with the Principal Legislative Counsel a statement to be known as the explanatory statement explaining the purpose and operation of the instrument.

             (2)  The explanatory statement:

                     (a)  must also contain:

                              (i)  if any documents are incorporated in the instrument by reference—a description of the documents so incorporated; and

                             (ii)  a statement explaining how the instrument was drafted and describing any steps that were taken under section 16 to ensure the instrument would be of a high standard; and

                            (iii)  a statement indicating whether either or both of a notification under section 20 or an invitation under section 22 has been given in respect of the instrument; and

                     (b)  must be accompanied by a consultation statement in respect of the instrument prepared under section 27.

          (2A)  If the Attorney-General issues a certificate under subsection 5(4A) in relation to a declaration that, on or after the commencing day, is included in a legislative instrument, the explanatory statement relating to the legislative instrument in which, or by which, that declaration is included must be accompanied by a copy of the certificate.

             (3)  A failure by the rule-maker to provide the explanatory statement in relation to an instrument in accordance with subsection (1) does not affect the validity or enforceability of the instrument.

Note:          The obligation imposed on a rule-maker to comply with this section is not affected by the rule-maker’s compliance with subsection 59(2).

45   Obligation to provide original instrument

                   If a copy of an original legislative instrument has been registered under section 43, the rule-maker must lodge the original instrument with the Principal Legislative Counsel in accordance with the assurance given under that section.

46   Original instrument to be retained by the Principal Legislative Counsel

             (1)  Original instruments received by the Principal Legislative Counsel under section 42 or 45 are to be retained by the Principal Legislative Counsel and, as necessary, transferred to the Australian Archives for storage.

             (2)  Subsection (1) does not apply to an original instrument that is made or approved by the Governor-General.

47   Obligation to provide electronic copy of instrument

                   Within 3 working days of an instrument being registered, whether registration takes place by use of the original instrument or a copy of the original instrument, the rule-maker must give the Principal Legislative Counsel an electronic copy of the instrument in accordance with the regulations.



 

Division 4 Registration of legislative instruments in Part B

48   What legislative instruments are to be registered in Part B?

                   If:

                     (a)  a legislative instrument was made before the commencing day; and

                     (b)  the legislative instrument is not required to be treated under subsection 67(2) as if it had been made on that day; and

                     (c)  the legislative instrument is in force;

the legislative instrument must be registered in Part B.

49   Ordinary procedure for registration in Part B

             (1)  If:

                     (a)  a legislative instrument is required to be registered under section 48; and

                     (b)  the legislative instrument is made during a period referred to in the table below; and

                     (c)  the legislative instrument has not already been registered in Part B;

the rule-maker must, before the day set out in the table in respect of the period, lodge for registration with the Principal Legislative Counsel:

                     (d)  the original instrument; and

                     (e)  if the instrument amends another instrument (the principal legislative instrument ) that has not already been registered in Part B:

                              (i)  the original of the principal legislative instrument; and

                             (ii)  the original of each other legislative instrument (if any) that is required to be registered in Part B and that amends the principal legislative instrument.

Lodgment of legislative instruments made before commencing day



Item

Period within which legislative instrument made

Day before which lodgment required

1

1 January 1990 to the day before the commencing day

The first day of the ninth month after the commencing day

2

1 January 1980—31 December 1989

The first day of the 15th month after the commencing day

3

Before January 1980

The first day of the 27th month after the commencing day

             (2)  If:

                     (a)  a legislative instrument is made on or after the commencing day; and

                     (b)  the legislative instrument amends another legislative instrument (the principal legislative instrument ) made before the commencing day; and

                     (c)  the principal legislative instrument has not already been registered in Part B;

the rule-maker must lodge for registration with the Principal Legislative Counsel before the day determined in accordance with subsection (3):

                     (d)  the original of the principal legislative instrument; and

                     (e)  the original of any other legislative instrument that is required to be registered under Part B and that amends the principal legislative instrument.

             (3)  For the purposes of subsection (2), the day by which originals of instruments must be lodged for registration is:

                     (a)  the day determined under subsection (1) if there had been no amendment of the principal legislative instrument (within the meaning of that subsection) after the commencing day; or

                     (b)  the day occurring 28 days after the registration of the first-mentioned legislative instrument in subsection (2);

whichever first occurs.

             (4)  If:

                     (a)  the Principal Legislative Counsel has no reason to doubt that an instrument lodged in accordance with this section is the original instrument concerned; and

                     (b)  a copy of the instrument has not already been registered under section 50;

the Principal Legislative Counsel must register the instrument.

Note:          Section 56 describes what happens if a legislative instrument required to be registered in Part B of the Register is not registered on or before the last day for lodging the instrument for registration.

             (5)  Subsections 56(3) and (5) (which provide for some legislative instruments to continue in force even if they are not lodged for registration as required by this section) do not affect the requirements of this section. This subsection is for the avoidance of doubt.

Example 1: Legislative instrument B was made in 1991 and it amends legislative instrument C that was made in 1960 and is yet to be registered. Under subsection (1) both instruments will be required to be registered in Part B of the Register before the first day (the deadline day ) of the ninth month after the commencing day unless the making of a further instrument that also amends instrument C has the effect, as in example 2, of requiring registration of instruments B and C at an earlier time.

Example 2: If legislative instrument C in example 1 is amended both by instrument B in that example and also by another instrument, namely instrument A that is made after the commencing day and before the deadline day, subsection (2) requires legislative instruments B and C to be registered in Part B of the Register before the earlier of the deadline day and a day 28 days after the registration (in Part A of the Register) of instrument A .

50   Registration of copies in certain circumstances

             (1)  The Principal Legislative Counsel may register a copy of an original legislative instrument if he or she is satisfied that:

                     (a)  the original instrument:

                              (i)  is no longer in existence; or

                             (ii)  cannot reasonably be located; and

                     (b)  the copy is a true copy of the original instrument.

             (2)  The copy must:

                     (a)  be a good quality copy of the original instrument, on A4 paper; or

                     (b)  if the instrument was originally published in the Gazette or in the Statutory Rules series—consist of a copy of the full text of the instrument as so published.

             (3)  The Principal Legislative Counsel may register a document, being a copy of the full text of a legislative instrument that:

                     (a)  was made or approved by the Governor-General; and

                     (b)  was published in the Statutory Rules series;

if the Principal Legislative Counsel is satisfied that the document is a true copy of the full text of the instrument as it was approved or made by the Governor-General.



 

Division 5 Registration of Attorney-General’s certificates

51   Attorney-General’s certificates are to be registered in Part C

                   A certificate issued by the Attorney-General under section 8 must be registered in Part C of the Register as soon as practicable after its receipt by the Principal Legislative Counsel.



 

Division 6 The Index

52   Information to be supplied for the Index

             (1)  The Principal Legislative Counsel is to be responsible for the creation and maintenance in the Register of an index to the documents whose texts are in Parts A, B and C of the Register.

             (2)  So far as the Index relates to documents whose texts are in Parts A and B, the Index is to be compiled, in part, from information supplied by the rule-maker in accordance with subsection (3).

             (3)  Information referred to in subsection (2) must:

                     (a)  be provided:

                              (i)  with the original instrument lodged under section 42 or 49; or

                             (ii)  with the copy of the instrument lodged under section 43 or 50; and

                     (b)  have such content and be in such form as the regulations provide.

             (4)  Without limiting the generality of subsection (1), the Index is to contain:

                     (a)  in respect of a legislative instrument:

                              (i)  the identifying number of the instrument; and

                             (ii)  the name of the enabling legislation; and

                            (iii)  the particular provision of the enabling legislation under which the instrument was made; and

                            (iv)  the time and date of registration of the instrument; and

                             (v)  a brief description of the subject matter of the instrument; and

                            (vi)  a reference to any document incorporated in the instrument; and

                           (vii)  if, at the time of the registration of the instrument, the instrument or a provision of the instrument would be taken to cease to be in force at a particular time under section 30 or 66—the time at which the instrument or provision will be so taken to cease to be in force; and

                           (viii)  if the instrument or provision of the instrument would be taken to cease to be in force at a particular time as a result of a decision made under subsection 29(1)—the time at which the instrument or provision would be so taken to cease to be in force; and

                            (ix)  if, as a result of a reconsideration of the question whether an instrument is or is not a legislative instrument, the instrument is lodged for registration under Division 3 of Part 4 in accordance with paragraph 8(9)(c) later than would have been the case if the instrument had originally been determined to be a legislative instrument—the fact that the instrument is lodged late in accordance with that paragraph and brief particulars of the identifying numbers of the original and replacement certificates under section 8 that relate to the instrument; and

                             (x)  if, as a result of a reconsideration of the question whether an instrument is or is not a legislative instrument, the instrument is lodged for registration under Division 4 of Part 4 in accordance with paragraph 8(9)(c) later than the day required for its lodgment under that Division—the fact that the instrument is lodged late in accordance with that paragraph and brief particulars of the identifying numbers of the original and replacement certificates under section 8 that relate to the instrument; and

                            (xi)  any other information prescribed for the purpose of this paragraph; and

                     (b)  in respect of a certificate under section 8:

                              (i)  the identifying number of the certificate; and

                             (ii)  the name of the enabling legislation under which the instrument the subject of the certificate was, or would be, made; and

                            (iii)  the particular provision of that legislation under which the instrument was, or would be, made; and

                            (iv)  the time and date of registration of the certificate; and

                             (v)  a brief description of the subject matter of the instrument or kind of instrument in respect of which the certificate was given; and

                            (vi)  if the decision to issue the certificate is quashed by the Federal Court of Australia—brief particulars of the Court’s decision and the identifying number of the related replacement certificate; and

                           (vii)  if the certificate is a replacement certificate—full particulars of the information referred to in subparagraphs (i) to (v), and, if any information is prescribed under subparagraph (viii), of that information, in respect of the replacement certificate; and

                           (viii)  any other information prescribed for the purpose of this paragraph.

             (5)  In addition to the matters referred to in subsection (4), the Principal Legislative Counsel must use his or her best endeavours to ensure that the information in the Index in relation to a legislative instrument includes:

                     (a)  if the Federal Court of Australia has quashed or set aside a decision by the rule-maker made under paragraph 28(1)(a) in relation to the legislative instrument—details of the Court’s decision; and

                     (b)  if the rule-maker has made a further decision under paragraph 28(1)(a) in relation to the legislative instrument on reconsideration of a decision so quashed or set aside—details of that further decision; and

                     (c)  if the instrument, or a provision of the instrument, has been amended by an Act—a statement of that fact; and

                     (d)  if the instrument is not operative because the Act or other legislative instrument under which the first-mentioned instrument was made has been revoked or repealed or has ceased to have effect—a statement of that fact.

53   Further material to be included in the Index

             (1)  If the rule-maker of a registered legislative instrument ever becomes aware that the instrument, or a provision of the instrument, was not validly made, the rule-maker must forthwith inform the Principal Legislative Counsel, in writing, that the rule-maker is so aware and of the reason for the invalidity.

             (2)  If the Principal Legislative Counsel is satisfied, either by notice provided under subsection (1) or otherwise, that a registered instrument, or a provision of a registered instrument, was not validly made, the Principal Legislative Counsel must annotate the Register to that effect.

54   Attorney-General to notify Parliament of Index deficiencies

             (1)  If, at any time, the Attorney-General becomes aware that an entry required to be made in the Index in relation to a legislative instrument or to a certificate given by the Attorney-General has not been made, the Attorney-General must, within 6 sitting days of each House of the Parliament after becoming so aware, lay before that House a statement explaining why the entry has not been made.

             (2)  The obligation imposed under subsection (1) does not extend to any deficiency in the Index that arises:

                     (a)  because of a failure to include information of the kind referred to in subsection 52(5); or

                     (b)  because of a minor clerical error in, or omission from, the information included in the Index.



 

Division 7 Effect of registration

55   Effect of failure to register a legislative instrument in Part A

             (1)  A legislative instrument that is required to be registered in Part A is not enforceable by or against the Commonwealth, or by or against any other person or body, unless the instrument is registered.

             (2)  Despite subsection (1), a legislative instrument that was required to be registered in Part A but was not registered before it commenced is taken to have been enforceable from its commencement until the time it was registered if:

                     (a)  the instrument:

                              (i)  is an application order made wholly or partly under section 111A of the Corporations Law of the Capital Territory; or

                             (ii)  was made by the Australian Securities Commission under subsection 11(1A) of the Australian Securities Commission Act 1989 or wholly or partly under the Corporations Law of the Capital Territory; and

                     (b)  the Attorney-General certifies in writing that:

                              (i)  he or she is satisfied that the responsible officer was unaware of the requirement to register the instrument; and

                             (ii)  in the circumstances it was reasonable for the responsible officer to be unaware of the requirement; and

                     (c)  the instrument is lodged with the Principal Legislative Counsel for registration in Part A within 28 days after the responsible officer becomes aware of the requirement for registration.

             (3)  For the purposes of subsection (2), the responsible officer for a legislative instrument is:

                     (a)  if the legislative instrument is an application order referred to subparagraph (2)(a)(i)—the Secretary to the Treasury; and

                     (b)  if the legislative instrument is a legislative instrument referred to in subparagraph (2)(a)(ii)—the Chairperson of the Australian Securities Commission.

56   Effect of failure to register a legislative instrument in Part B

             (1)  This section applies to a legislative instrument if:

                     (a)  the instrument is required to be registered in Part B; and

                     (b)  the original instrument, or a copy of it, is not registered on or before the last day for lodging the instrument for registration (the last lodgment day ) worked out under section 49.

             (2)  On the day after the last lodgment day, the instrument:

                     (a)  ceases to be enforceable by or against the Commonwealth, or by or against any other person or body; and

                     (b)  is taken to have been repealed by this Act.

             (3)  Despite subsection (2), an instrument is taken to have continued in force after the last lodgment day if:

                     (a)  the instrument is connected with the collection of revenue; and

                     (b)  the Attorney-General certifies in writing that:

                              (i)  he or she is satisfied that the responsible officer was unaware of the requirement to register the instrument; and

                             (ii)  in the circumstances it was reasonable for the responsible officer to be unaware of the requirement; and

                     (c)  the instrument is lodged with the Principal Legislative Counsel for registration in Part B of the Register within 28 days after the responsible officer becomes aware of the requirement for registration.

             (4)  For the purposes of subsection (3), the responsible officer for a legislative instrument is:

                     (a)  if the enabling legislation for the instrument is a taxation law (as defined in the Taxation Administration Act 1953 )—the Commissioner of Taxation; or

                     (b)  if the enabling legislation is a law of customs or excise (as defined in the Customs Administration Act 1985 )—the Chief Executive Officer of Customs; or

                     (c)  if the enabling legislation for the instrument is not described in paragraph (a) or (b)—the Secretary to the Department that is administered by the responsible Minister.

             (5)  Despite subsection (2), an instrument is taken to have continued in force after the last lodgment day if:

                     (a)  the instrument:

                              (i)  is an application order made wholly or partly under section 111A of the Corporations Law of the Capital Territory; or

                             (ii)  was made by the Australian Securities Commission under subsection 11(1A) of the Australian Securities Commission Act 1989 or wholly or partly under the Corporations Law of the Capital Territory; and

                     (b)  the Attorney-General certifies in writing that:

                              (i)  he or she is satisfied that the responsible officer was unaware of the requirement to register the instrument; and

                             (ii)  in the circumstances it was reasonable for the responsible officer to be unaware of the requirement; and

                     (c)  the instrument is lodged with the Principal Legislative Counsel for registration in Part B of the Register within 28 days after the responsible officer becomes aware of the requirement for registration.

             (6)  For the purposes of subsection (5), the responsible officer for a legislative instrument is:

                     (a)  if the legislative instrument is an application order referred to subparagraph (5)(a)(i)—the Secretary to the Treasury; and

                     (b)  if the legislative instrument is a legislative instrument referred to in subparagraph (5)(a)(ii)—the Chairperson of the Australian Securities Commission.



 

Part 5 Parliamentary scrutiny of legislative instruments

   

57   The purpose of the Part

                   The purpose of this Part is to facilitate the scrutiny by the Parliament of registered legislative instruments and to set out the circumstances and manner in which such instruments may be disallowed, as well as the consequences of disallowance.

58   Tabling of legislative instruments

             (1)  A copy of each legislative instrument required under Division 3 of Part 4 to be registered must be laid before each House of the Parliament not later than 6 sitting days of that House after the instrument is registered and, for that purpose, must be delivered to that House by the Principal Legislative Counsel.

             (2)  For the avoidance of doubt, subsection (1) applies in relation to any legislative instrument made on or after the commencing day even though the enabling legislation for legislative instruments of that kind:

                     (a)  may have been enacted or made before the commencing day; and

                     (b)  may have provided that legislative instruments of that kind are not disallowable.

             (3)  If a copy of a legislative instrument that is required to be laid before each House of the Parliament is not so laid in accordance with this section, the legislative instrument thereupon ceases to have effect.

59   Additional material to be tabled with the legislative instrument

             (1)  If a rule-maker lodges an explanatory statement relating to a legislative instrument with the Principal Legislative Counsel:

                     (a)  at the time of lodging the legislative instrument for registration; or

                     (b)  at a later time before a copy of the legislative instrument is delivered to each House of the Parliament to be laid before it;

the Principal Legislative Counsel must also deliver to that House, to be laid before it, with the copy of that legislative instrument, a copy of that explanatory statement and of any documents required to accompany the explanatory statement under section 44 that were lodged with the explanatory statement.

             (2)  If a rule-maker fails to lodge with the Principal Legislative Counsel an explanatory statement or any document (the missing document ) required to accompany the explanatory statement relating to a legislative instrument before the Principal Legislative Counsel delivers a copy of the instrument to a particular House of the Parliament, the rule-maker must, as soon as possible, deliver to that House, to be laid before it:

                     (a)  a copy of the explanatory statement or missing document; and

                     (b)  a written statement why the explanatory statement or missing document was not provided to the Principal Legislative Counsel in time to be delivered to the House with the legislative instrument.

60   Incorporated material may be required to be made available

                   A House of the Parliament may, at any time while a legislative instrument is subject to disallowance, require any document incorporated by reference in the instrument to be made available for inspection by that House:

                     (a)  at a place acceptable to the House; and

                     (b)  at a time specified by the House.

61   Disallowance of legislative instruments

             (1)  If:

                     (a)  notice of a motion to disallow a legislative instrument or a provision of a legislative instrument is given in a House of the Parliament within 15 sitting days of that House after a copy of the instrument was laid before that House; and

                     (b)  within 15 sitting days of that House after the giving of that notice, the House passes a resolution, in pursuance of the motion, disallowing the instrument or provision;

the instrument or provision so disallowed thereupon ceases to have effect.

             (2)  If:

                     (a)  notice of a motion to disallow a legislative instrument or a provision of a legislative instrument is given in a House of the Parliament within 15 sitting days of that House after a copy of the instrument was laid before that House; and

                     (b)  at the end of 15 sitting days of that House after the giving of that notice of motion:

                              (i)  the notice has not been withdrawn, the motion has not been called on, and the House has not passed a resolution deferring its consideration; or

                             (ii)  the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;

the instrument or provision specified in the motion is thereupon taken to have been disallowed and ceases at that time to have effect.

             (3)  If:

                     (a)  notice of a motion to disallow a legislative instrument or a provision of a legislative instrument is given in a House of the Parliament within 15 sitting days of that House after a copy of the instrument was laid before that House; and

                     (b)  before the end of 15 sitting days of that House after the giving of that notice of motion, the House of Representatives is dissolved or expires, or the Parliament is prorogued; and

                     (c)  at the time of the dissolution, expiry or prorogation, as the case may be:

                              (i)  the notice has not been withdrawn, the motion has not been called on, and the House has not passed a resolution deferring its consideration; or

                             (ii)  the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;

the legislative instrument is taken, for the purposes of subsections (1) and (2), to have been laid before the first-mentioned House on the first sitting day of that first-mentioned House after the dissolution, expiry or prorogation, as the case may be.

             (4)  If:

                     (a)  notice of a motion to disallow a legislative instrument or a provision of a legislative instrument is given in a House of the Parliament within 15 sitting days of that House after a copy of the instrument was laid before that House; and

                     (b)  within 15 sitting days of that House after the giving of that notice, the House passes a resolution deferring consideration of the motion for a period specified in the resolution (the deferral period ) starting at the passing of the resolution and not exceeding 6 months; and

                     (c)  the resolution is expressed to defer consideration of the motion so as to enable the remaking or the amendment of the instrument or provision within the deferral period to achieve an objective specified in the resolution;

subsections (2) and (3) have effect as if:

                     (d)  the reference in each subsection to the end of 15 sitting days of a House after the giving of notice of a motion to disallow the instrument or provision were a reference to the end of the first sitting day of that House after the deferral period fixed in respect of the motion; and

                     (e)  the references in each subsection to the House not passing a resolution deferring consideration of the motion were omitted.

             (5)  If a House of the Parliament passes a resolution deferring consideration of a motion to disallow a legislative instrument or a provision of a legislative instrument, the rule-maker, in making a further legislative instrument (the new instrument ) either amending, or repealing and replacing, the original instrument so as to achieve the objective specified in the resolution, is not required to enter into further consultation under Part 3 or to prepare a consultation statement under section 27 of that Part.

             (6)  When a new instrument is made:

                     (a)  the rule-maker is required to lodge the instrument with the Principal Legislative Counsel for registration in accordance with the requirements of this Act; and

                     (b)  the explanatory statement to be lodged with the Principal Legislative Counsel concerning the instrument is not required to contain a statement of the kind referred to in subparagraph 44(2)(a)(iii) but must:

                              (i)  indicate that the instrument has been prepared in accordance with this section to achieve an objective specified in the resolution deferring consideration; and

                             (ii)  indicate whether further consultation has occurred and, if so, the nature of that consultation; and

                     (c)  the Principal Legislative Counsel must attend to the delivery to the Parliament of the instrument and of the related explanatory statement in accordance with the requirements of this Part.

             (7)  This section does not apply in relation to a legislative instrument, or a provision of a legislative instrument, made on or after the commencing day, if the enabling legislation for the instrument:

                     (a)  facilitates the establishment or operation of an intergovernmental body or scheme involving the Commonwealth and one or more States; and

                     (b)  allows legislative instruments of that kind to be made by the body or for the purposes of the body or scheme; and

                     (c)  either:

                              (i)  had the effect that legislative instruments of that kind could not be disallowed before the commencing day; or

                             (ii)  has the effect that legislative instruments of that kind cannot be disallowed.

             (8)  This section does not apply in relation to the following instruments or provisions of the following instruments:

                     (a)  a Proclamation that provides solely for the commencement of an Act or of a provision of an Act;

                     (b)  a certificate issued by the Attorney-General under subsection 5(4A), 29(6), 30(7), 66(7) or 66(9);

                     (c)  a Proclamation under section 5 of the Flags Act 1953 ;

                    (ca)  a legislative instrument (other than a regulation) under Part 1, 2 or 9 of the Migration Act 1958 , or a legislative instrument under Part 1, 2 or 5, or Schedule 2 or 6, of the regulations made under that Act;

                     (d)  a Proclamation under section 2A, 2B or 12, subsection 13(1), section 20B, subsection 26(2) or section 26A of the Quarantine Act 1908 ;

                     (e)  a legislative instrument that, in accordance with the provisions of the enabling legislation, does not come into operation unless it is approved by either or both of the Houses of the Parliament;

                      (f)  a rule or order made:

                              (i)  under the Courses and Degrees Statute of the Australian National University; or

                             (ii)  if that Statute is repealed and replaced with another Statute of the University to the same effect—under that other Statute;

                     (g)  a rule or order made:

                              (i)  under the Academic Progress Statute 1990 of the University of Canberra; or

                             (ii)  under the Courses and Awards Statute 1992 of that University; or

                            (iii)  under the Honorary Degrees Statute 1992 of that University; or

                            (iv)  if any of those Statutes is repealed and replaced with another Statute to the same effect—under that other Statute.

62   Effect of a legislative instrument ceasing to have effect

             (1)  If a legislative instrument, or a provision of a legislative instrument (the affected instrument or provision ), ceases, at a particular time, to have effect under subsection 58(3) or 61(1) or (2), the operation of that subsection in relation to the affected instrument or provision has the same effect as if the affected instrument or provision had been repealed with effect from that time.

             (2)  If:

                     (a)  the affected legislative instrument or provision ceases, at a particular time, to have effect under subsection 58(3) or 61(1) or (2); and

                     (b)  the affected instrument or provision repealed, in whole or in part, another legislative instrument or law, or a provision of another legislative instrument or law, that was in force immediately before the time when the affected instrument or provision came into operation;

the operation of that subsection has the effect of reviving the other legislative instrument, law or provision, from that first-mentioned time, as if the affected instrument or provision had not been made.

63   Legislative instruments not to be remade while required to be tabled

             (1)  If a legislative instrument (the original legislative instrument ) has been registered, no legislative instrument the same in substance as the original legislative instrument is to be made during the period defined by subsection (2) unless both Houses of the Parliament by resolution approve the making of an instrument the same in substance as the original legislative instrument.

             (2)  The period referred to in subsection (1) is the period starting on the day on which the original legislative instrument was registered and ending at the end of 7 days after:

                     (a)  if the original legislative instrument has been laid, in accordance with subsection 58(1), before both Houses of the Parliament on the same day—that day; or

                     (b)  if the original legislative instrument was so laid before both Houses on different days—the later of those days; or

                     (c)  if the original legislative instrument has not been so laid before both Houses—the last day on which subsection 58(1) could have been complied with.

             (3)  An instrument made in contravention of this section has no effect.

64   Legislative instruments not to be remade while subject to disallowance

             (1)  If notice of a motion to disallow a legislative instrument, or a provision of a legislative instrument, has been given in a House of the Parliament within 15 sitting days after the instrument has been laid before that House, a legislative instrument, or a provision of a legislative instrument, that is the same in substance as the first-mentioned instrument or provision, must not be made unless:

                     (a)  the notice has been withdrawn; or

                     (b)  the instrument or provision is taken to have been disallowed under subsection 61(2); or

                     (c)  the motion has been withdrawn or otherwise disposed of; or

                     (d)  subsection 61(3) has applied in relation to the instrument.

             (2)  If:

                     (a)  because of subsection 61(3), a legislative instrument is taken to have been laid before a House of the Parliament on a particular day; and

                     (b)  notice of a motion to disallow the instrument or a provision of the instrument has been given in that House within 15 sitting days after that day;

a legislative instrument, or a provision of a legislative instrument, that is the same in substance as the first-mentioned instrument or provision must not be made unless:

                     (c)  the notice has been withdrawn; or

                     (d)  the first-mentioned instrument or provision is taken to have been disallowed under subsection 61(2); or

                     (e)  the motion has been withdrawn or otherwise disposed of; or

                      (f)  subsection 61(3) has applied again in relation to the first-mentioned instrument.

             (3)  A legislative instrument or a provision of a legislative instrument made in contravention of this section has no effect.

             (4)  This section does not limit the operation of section 63 or 65.

             (5)  If a legislative instrument or a provision of a legislative instrument has been the subject of a resolution under subsection 61(4), this section does not prevent the making of an instrument whose sole effect is to remake or amend the legislative instrument or provision so as to achieve an objective specified in that resolution.

65   Disallowed legislative instruments not to be remade unless disallowance resolution rescinded or House approves

             (1)  If, under section 61, a legislative instrument or a provision of a legislative instrument is disallowed, or is taken to have been disallowed, a legislative instrument, or a provision of a legislative instrument, that is the same in substance as the first-mentioned instrument or provision must not be made within 6 months after the day on which the first-mentioned instrument or provision was disallowed or was taken to have been disallowed unless:

                     (a)  if the first-mentioned instrument or provision was disallowed by resolution—the resolution has been rescinded by the House of the Parliament by which it was passed; or

                     (b)  if the first-mentioned instrument or provision was taken to have been disallowed—the House of the Parliament in which notice of the motion to disallow the instrument or provision was given by resolution approves the making of a legislative instrument or provision the same in substance as the first-mentioned instrument or provision.

             (2)  Any legislative instrument or provision made in contravention of this section has no effect.



 

Part 6 Sunsetting of legislative instruments

   

66   Sunsetting of legislative instruments

             (1)  This section does not apply to:

                     (a)  any legislative instrument that gives effect to an international obligation of Australia; or

                     (b)  any legislative instrument that confers heads of power on a self-governing Territory; or

                     (c)  any legislative instrument that establishes a body having power to enter into contracts for the purposes of the body’s functions; or

                     (d)  a Proclamation under section 5 of the Flags Act 1953 ; or

                     (e)  a Proclamation that provides solely for the commencement of an Act or a provision of an Act.

             (2)  Subject to subsections (5), (6) and (7), if a legislative instrument to which this section applies (the principal legislative instrument ):

                     (a)  is made before the commencing day and does not amend an earlier legislative instrument that continues in force after the making of the principal legislative instrument; and

                     (b)  is required to be lodged for registration in Part B of the Register before a day (the deadline day ) determined in accordance with section 49;

then:

                     (c)  the principal legislative instrument; and

                     (d)  the provisions of any other legislative instrument (whether or not made before the commencing day) that amend, or make provision that otherwise relates to the operation of, the principal legislative instrument;

as in force immediately before the fifth anniversary of the deadline day, cease to be in force on that anniversary as if they had been repealed by another legislative instrument.

             (3)  Subject to subsections (5), (6) and (7), if a legislative instrument to which this section applies (the principal legislative instrument ) is made on or after the commencing day and does not amend an earlier legislative instrument that continues in force after the making of the principal legislative instrument then:

                     (a)  the principal legislative instrument; and

                     (b)  the provisions of any other legislative instrument that amend, or make provision that otherwise relates to the operation of, the principal legislative instrument;

as in force immediately before the fifth anniversary of the day of commencement of the principal legislative instrument, cease to be in force on that anniversary as if they had been repealed by another legislative instrument.

Example 1: Legislative instrument A was made before January 1980. It has been amended by legislative instrument B that was made 2 days before the commencing day. Because of the operation of subsection 49(1), both instruments must be lodged before the first day (the deadline day ) of the ninth month after the commencing day. Under subsection (2), both instruments will cease to be in force on the fifth anniversary of the deadline day.

Example 2: Legislative instrument C was made 2 days after the commencing day. It has been amended by legislative instrument D, which was made 3 years after the commencing day and which also amends legislative instrument E. Under subsection (3), instrument C and those provisions of instrument D that amend or relate to instrument C will cease to be in force on the fifth anniversary of the day of commencement of instrument C.

             (4)  If a legislative instrument has 2 or more days of commencement, then, for the purposes of subsection (3), the day of commencement of that instrument is the earliest of those days.

             (5)  If:

                     (a)  the purpose of a legislative instrument to which this section applies is to confer rights on a person that are intended to have a long-term effect; and

                     (b)  the Governor-General is satisfied that the operation of subsection (2) or (3) in relation to that instrument will frustrate that purpose;

then:

                     (c)  the Governor-General may make regulations to provide that the subsection has effect as if a reference to the fifth anniversary of a day specified in that subsection were a reference to the fifteenth anniversary of that day; and

                     (d)  if the Governor-General makes the regulations, the instrument is taken to cease to be in force on the fifteenth anniversary, instead of the fifth anniversary, of that day.

             (6)  If a legislative instrument:

                     (a)  is a Proclamation made under section 2A, 2B or 12, subsection 13(1), section 20B, subsection 26(2) or section 26A of the Quarantine Act 1908 ; and

                     (b)  is not a legislative instrument to which paragraph 66(1)(a) applies;

subsection (2) or (3) of this section (whichever is applicable) has effect as if a reference to the fifth anniversary of a day specified in that subsection were a reference to the fifteenth anniversary of that day.

             (7)  If:

                     (a)  a legislative instrument or particular provisions of a legislative instrument would be taken to cease to be in force under this section (whether because of the operation of subsection (2), (3), (5) or (6) or because of a previous operation of this subsection) at a time (the sunsetting time ); and

                     (b)  the Attorney-General is satisfied, on written application by the rule-maker, that a proposed instrument (the replacement instrument ) made in substitution for the instrument or provisions will not be able to be completed before the sunsetting time for any of the following reasons:

                              (i)  because more time is required for the drafting of the replacement instrument;

                             (ii)  because more time is required for the purposes of complying with the consultation requirements in relation to the making of the replacement instrument;

                            (iii)  because the dissolution or expiration of the House of Representatives or the prorogation of the Parliament renders it inappropriate to make any replacement instrument before a new government is formed;

then:

                     (c)  the Attorney-General may issue a certificate providing that the first-mentioned instrument or provisions are taken to cease to be in force under this section at a specified time not later than 12 months after the sunsetting time; and

                     (d)  if the Attorney-General issues the certificate, the first-mentioned instrument or provisions are taken to cease to be in force at the specified time instead of the sunsetting time as if repealed by another legislative instrument.

             (8)  The application made by the rule-maker in applying for a certificate under subsection (7) must:

                     (a)  set out the steps (if any) that the rule-maker has taken, or proposed to take, to deal with the ceasing to be in force of the instrument or provisions concerned; and

                     (b)  set out the circumstances that prevented the taking, or the completion, of such steps.

             (9)  If:

                     (a)  a legislative instrument or particular provisions of a legislative instrument would be taken to cease to be in force because of the operation of subsection (2), (3), (5) or (6) at a time (the sunsetting time ); and

                     (b)  the Attorney-General is satisfied, on written application by the rule-maker, that:

                              (i)  the instrument or provisions would (apart from the operation of this subsection) cease to be in force within 12 months after the sunsetting time; or

                             (ii)  it is announced government policy that the instrument or provisions will (but for the operation of this subsection) cease to be in force within 12 months after the sunsetting time (whether or not because of the making of an instrument or provisions in substitution for the first-mentioned instrument or provisions);

then:

                     (c)  the Attorney-General may issue a certificate providing that the first-mentioned instrument or provisions are taken to cease to be in force under this subsection at a specified time not later than 12 months after the sunsetting time unless they have earlier ceased to be in force in a circumstance set out in subparagraph (b)(i) or (ii); and

                     (d)  if the Attorney-General issues the certificate, the first-mentioned instrument or provisions are taken to cease to be in force at the specified time instead of the sunsetting time as if repealed by another legislative instrument unless they have earlier ceased to be in force in a circumstance so set out.

           (10)  If the Attorney-General issues a certificate under paragraph (7)(c) or (9)(c), he or she must:

                     (a)  include in the certificate a statement of the reasons for the issue of a certificate; and

                     (b)  cause a copy of the certificate to be laid before each House of the Parliament not later than 6 sitting days of that House after the issue of the certificate.



 

Part 7 Miscellaneous

   

67   Instruments made but not finally dealt with before the commencing day

             (1)  This section applies to a legislative instrument made before the commencing day:

                     (a)  that was a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 as in force at any time before the commencing day; or

                     (b)  that was otherwise able to be disallowed under Part XII of the Acts Interpretation Act 1901 as in force at any time before the commencing day; or

                     (c)  that was otherwise required to be published, or to have notice of its making published, in the Gazette .

             (2)  If a legislative instrument to which this section applies, or notice of the making of such an instrument, had not been published in the Gazette before the commencing day:

                     (a)  that instrument is to be treated, for all purposes of this Act, as if it had been made on the commencing day; and

                     (b)  the obligations in relation to that instrument under the Acts Interpretation Act 1901 , and under the Statutory Rules Publication Act 1903 , as in force immediately before the commencing day, cease to apply;

but the tenor of the instrument is not affected.

             (3)  Despite subsection (2), section 59 does not apply in relation to a legislative instrument described in that subsection.

             (4)  If a legislative instrument to which this section applies, or notice of the making of such an instrument, had been published in the Gazette before the commencing day, the obligations in relation to that instrument under Part XII of the Acts Interpretation Act 1901 , and under the Statutory Rules Publication Act 1903 , as in force at any time before the commencing day, continue to apply in relation to that instrument as if that Part and that Act had not been repealed.

68   Relationship of certain gazettal requirements to registration requirements

             (1)  If:

                     (a)  the making of a legislative instrument was authorised before the commencing day; and

                     (b)  a legislative instrument is so made on or after the commencing day; and

                     (c)  the enabling legislation required the text of the instrument, or particulars of its making, to be published in the Gazette ;

any such requirement in respect of the instrument is taken to be satisfied if the instrument is entered on the Register.

             (2)  Subsection (1) does not apply to a legislative instrument that is:

                     (a)  an application order made wholly or partly under section 111A of the Corporations Law of the Capital Territory; or

                     (b)  made by the Australian Securities Commission under subsection 11(1A) of the Australian Securities Commission Act 1989 or wholly or partly under the Corporations Law of the Capital Territory.

             (3)  If:

                     (a)  the making of a legislative instrument was authorised on or after the commencing day; and

                     (b)  the enabling legislation required the text of the instrument, or particulars of its making, to be published in the Gazette ;

the requirements for publication in the Gazette is in addition to any requirement under this Act for the instrument to be entered on the Register.

69   Effect on existing tabling and disallowance requirements

             (1)  Despite provisions in force immediately before the commencing day in relation to a document that is a legislative instrument for the purposes of this Act concerning:

                     (a)  the time within which; and

                     (b)  the means by which;

such an instrument is required to be tabled before the Parliament, compliance, on and after that day, with the tabling requirements of this Act is taken to constitute full compliance with the tabling requirements of those first-mentioned provisions.

             (2)  Despite provisions in force immediately before the commencing day that provide for the disallowance of a document that is a legislative instrument (otherwise than because of the application, without modification, of the disallowance provisions of Part XII of the Acts Interpretation Act 1901 ), the disallowance provisions of this Act are taken to apply, subject to subsection (3), in respect of that document to the exclusion of those other provisions.

             (3)  If particular disallowance provisions of the kind referred to in subsection (2) are prescribed as provisions to which subsection (2) does not apply, then those provisions continue to apply, on and after the commencing day, despite the provisions to different effect in sections 61 to 65 of Part 5 of this Act.

70   Delegation

             (1)  The responsible Minister in relation to a legislative instrument proposed to be made for the purposes of a prescribed authority may, by signed instrument, delegate his or her power to make a decision under section 19 in relation to that instrument to the principal officer of that authority.

             (2)  The Principal Legislative Counsel may, by signed instrument, delegate to an officer of the Department any of the powers or functions of the Principal Legislative Counsel under this Act.

71   Early backcapturing

             (1)  If, before the commencing day:

                     (a)  an electronic database of the scanned images of instruments that, on that day, will be legislative instruments within the meaning of section 5 is established within the Department in anticipation of the enactment of this Act; and

                     (b)  that database is divided into parts that correspond with the Parts of the Register as described in subsection 36(2);

that database becomes, on that day, the Federal Register of Legislative Instruments established by section 36 and the respective parts of that database become the respective Parts of the Register.

             (2)  If:

                     (a)  before the commencing day, a scanned image of an instrument referred to in subsection (1) is entered in a part of the database referred to in that subsection that corresponds with Part B of the Register; and

                     (b)  the instrument will, on the commencing day, be a legislative instrument to which section 48 applies;

that instrument is taken, on that day, to have been entered in Part B of the Register under Division 4 of Part 4 of this Act despite its inclusion in the database with effect from an earlier day.

72   Review of operation of this Act

             (1)  During the 3 months starting on the third anniversary of the commencing day, the Attorney-General must appoint persons to a body to review the operation of this Act and related matters.

             (2)  The persons appointed must include:

                     (a)  a representative of the Administrative Review Council established by the Administrative Appeals Tribunal Act 1975 ; and

                     (b)  a representative of the Attorney-General’s Department; and

                     (c)  a representative of the Department of Finance; and

                     (d)  a representative of the regulatory review body; and

                     (e)  a person with extensive experience or expertise in business; and

                      (f)  a person with extensive experience or expertise in consumer affairs; and

                     (g)  a person with extensive experience or expertise in delegated legislation.

             (3)  The representative of the Administrative Review Council appointed to the body is to be the Chairman of the body.

             (4)  A person appointed to the body may resign from it by giving the Attorney-General a signed notice of resignation.

             (5)  If a person appointed to the body dies, resigns or ceases to be a suitable person to represent the particular organisation or area of expertise that he or she was appointed to represent, the Attorney-General may appoint to the body another person with similar qualifications.

             (6)  The body must review all aspects of the operation of this Act including, but without limiting the generality of the foregoing:

                     (a)  the extension of the consultation procedures in the Act to proposals for legislative instruments that are not likely to have a direct, or a substantial indirect, effect on business; and

                     (b)  the methods for assessing costs and benefits of proposed legislative instruments; and

                     (c)  the continued exclusion from the Act of certain instruments relating to terms and conditions of public sector employment described in item 14 of Schedule 1; and

                     (d)  the continued exclusion from the Act of standards under the Australia New Zealand Food Authority Act 1991 ; and

                     (e)  the continued exclusion from the Act of Ministerial directions to government business enterprises; and

                      (f)  the continued modification of the Act so far as concerns its application to particular instruments made under the Australian Securities Commission Act 1989 or the Corporations Law of the Capital Territory; and

                     (g)  the registration of documents incorporated by reference in legislative instruments; and

                     (h)  the operation of sections 29 and 30 of the Act.

             (7)  The body must give the Attorney-General a written report on the review within 15 months after the third anniversary of the commencing day.

             (8)  The Attorney-General must cause the report to be laid before each House of the Parliament within 6 sitting days of the House after the Attorney-General receives the report.

             (9)  Regulations may be made to make provision for and in relation to:

                     (a)  terms and conditions of the appointment of a person to the body; and

                     (b)  conduct of the business of the body.

73   Review of operation of the sunsetting provision s

             (1)  During the 3 months starting on the seventh anniversary of the commencing day, the Attorney-General must appoint persons to a body to review the operation of sections 29, 30 and 66 (the sunsetting provisions ) and any related matters.

             (2)  For the purpose of subsection (1), subsections 72(2), (3), (4), (5) and (9) apply as if:

                     (a)  a reference to the body in those provisions were a reference to the body referred to in subsection (1) of this section; and

                     (b)  a reference to a person appointed to the body in those subsections were a reference to a person appointed to the body referred to in subsection (1) of this section.

             (3)  The body referred to in subsection (1) must review all aspects of the operation of the sunsetting provisions (including the operation of any regulations made under any of those provisions) and any other related matters.

             (4)  The body must give the Attorney-General a written report on the review within 9 months after the seventh anniversary of the commencing day.

             (5)  The Attorney-General must cause the report to be laid before each House of the Parliament within 6 sitting days of the House after the Attorney-General receives the report.

74   Transitional provisions

             (1)  If legislation introduced into the Parliament before the commencing day but coming into force on or after that day:

                     (a)  authorises an instrument to be made in the exercise of a power delegated by the Parliament; and

                     (b)  is expressed to require that instrument to be published as a statutory rule under the Statutory Rules Publication Act 1903 ;

that instrument is taken to be an instrument referred to in paragraph 5(3)(b).

             (2)  If legislation introduced into the Parliament before the commencing day but coming into force on or after that day:

                     (a)  authorises an instrument to be made in the exercise of a power delegated by the Parliament; and

                     (b)  is expressed to declare that instrument to be a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 ;

that instrument is taken to be an instrument referred to in subparagraph 5(3)(d)(i).

75   Regulations

             (1)  Subject to subsection (3), the Governor-General may make regulations prescribing all matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  Without limiting the generality of subsection (1), the regulations may, at any time, amend Schedule 3:

                     (a)  by adding the name of a body to the Schedule; or

                     (b)  by omitting from the Schedule the name of a body included in the Schedule.

             (3)  The Governor-General must not make a regulation for the purpose of subparagraph 34(b)(ii) unless the Governor-General is satisfied that the Attorney-General has determined, in writing, that no legislative instrument authorised by enabling legislation that is proposed to be omitted from the table set out in Schedule 2 will any longer be likely to have a direct, or a substantial indirect, effect on business.