Commonwealth of Australia Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


AMENDMENTS INCORPORATION AMENDMENT BILL 2008

2008
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Amendments Incorporation Amendment
Bill 2008
No. , 2008
(Prime Minister)
A Bill for an Act to amend the Amendments
Incorporation Act 1905, and for related purposes
i Amendments Incorporation Amendment Bill 2008 No. , 2008
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedule(s) ......................................................................................... 2
Schedule 1--Printed and electronic publication of Acts
3
Amendments Incorporation Act 1905
3
Amendments Incorporation Amendment Bill 2008 No. , 2008 1
A Bill for an Act to amend the Amendments
1
Incorporation Act 1905, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Amendments Incorporation
5
Amendment Act 2008.
6
2 Commence ment
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Amendments Incorporation Amendment Bill 2008 No. , 2008
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day on which this Act receives the
Royal Assent.
2. Schedule 1
A single day to be fixed by Proclamation.
However, if any of the provision(s) do not
commence with in the period of 12 months
beginning on the day on which this Act
receives the Royal Assent, they commence
on the first day after the end of that period.
Note:
This table relates only to the provisions of this Act as originally
1
passed by both Houses of the Parliament and assented to. It will not be
2
expanded to deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Printed and electronic publication of Acts Schedule 1
Amendments Incorporation Amendment Bill 2008 No. , 2008 3
1
Schedule 1
--
Printed and electronic
2
publication of Acts
3
4
Amendments Incorporation Act 1905
5
1 Title
6
Repeal the title, substitute:
7
An Act relating to the publication of Acts in printed
8
and electronic form
9
2 Section 1
10
Repeal the section, substitute:
11
Part 1--Preliminary
12
13
1 Short title
14
This Act may be cited as the Acts Publication Act 1905.
15
1A Definitions
16
In this Act:
17
Acts database means an electronic database declared under
18
section 4.
19
compilation, of an Act that has been amended (whether by another
20
Act or by a legislative instrument) with effect from a particular
21
day, means the Act as so amended and in force on that day.
22
legislative instrument has the same meaning as in the Legislative
23
Instruments Act 2003.
24
Secretary means the Secretary of the Department.
25
Schedule 1 Printed and electronic publication of Acts
4 Amendments Incorporation Amendment Bill 2008 No. , 2008
Part 2--Printed publication of Acts
1
2
Note:
This item amends the short title of the Act. If another amendment of the Act is
3
described by reference to the Act's previous short title, that other amendment has effect
4
after the commencement of this item as an amendment of the Act under its amended
5
short title (see section 10 of the Acts Interpretation Act 1901).
6
3 Subsection 2(2)
7
After "enactment", insert "(or legislative instrument)".
8
4 Section 3
9
After "every Act", insert "(and legislative instrument, if any)".
10
5 Section 4
11
Repeal the section, substitute:
12
Part 3--Electronic publication of Acts
13
14
4 Acts database
15
(1) The Secretary may cause to be maintained an electronic database
16
of:
17
(a) Acts as assented to; and
18
(b) compilations of Acts.
19
(2) The Secretary may, in writing, declare a database maintained under
20
this section to be an Acts database for the purposes of this Act.
21
(3) The Secretary must cause steps to be taken to ensure that Acts and
22
compilations of Acts in an Acts database are available to the
23
public.
24
(4) A declaration made under subsection (2):
25
(a) is not a legislative instrument; and
26
(b) must be published in the Gazette.
27
5 Effect of inclusion in an Acts database
28
(1) An Act in an Acts database is presumed, unless the contrary is
29
proved, to be a complete and accurate record of the Act as assented
30
to.
31
Printed and electronic publication of Acts Schedule 1
Amendments Incorporation Amendment Bill 2008 No. , 2008 5
(2) A compilation of an Act in an Acts database is presumed, unless
1
the contrary is proved, to be a complete and accurate record of the
2
Act as amended and in force on the day specified in the
3
compilation.
4
(3) In any proceedings, proof is not required about the provisions and
5
coming into operation (in whole or in part) of an Act as it appears
6
in an Acts database.
7
(4) A court or tribunal may inform itself about those matters in any
8
way it thinks fit.
9
6 Documents in an Acts database
10
A document that purports to be an extract from an Acts database is
11
presumed, unless the contrary is proved, to be what it purports to
12
be.
13
7 How an Acts database must be kept
14
(1) The regulations may prescribe matters relating to how an Acts
15
database must be kept, including the following:
16
(a) the way information may be recorded in an Acts database;
17
(b) the way information recorded in an Acts database may be
18
altered;
19
(c) a system of unique identifiers for each Act and compilation
20
in an Acts database, and the way in which they are to be
21
recorded in Acts and compilations.
22
(2) A compilation in an Acts database of an Act (the principal Act)
23
must include the following information:
24
(a) a reference to the amending legislation by which each
25
amendment was made to the principal Act;
26
(b) the amending history of each provision in the principal Act as
27
amended by all amending legislation covered by the
28
compilation;
29
(c) the day the compilation was prepared;
30
(d) any other information required by the regulations.
31
Schedule 1 Printed and electronic publication of Acts
6 Amendments Incorporation Amendment Bill 2008 No. , 2008
8 Rectification of an Acts database
1
(1) The Secretary must arrange for an Acts database to be altered to
2
rectify an error as soon as possible after the Secretary becomes
3
aware of the error, if the Secretary is satisfied that the error has the
4
result that:
5
(a) for an error concerning an Act--the electronic text of the Act
6
as it appears in the database does not represent the text of the
7
Act as assented to; or
8
(b) for an error concerning a compilation of an Act--the
9
electronic text of the compilation as it appears in the database
10
does not represent the state of the law that the text purports to
11
represent.
12
(2) The Secretary must arrange for the Acts database (as rectified) to
13
be annotated to explain:
14
(a) the nature, day and time of the rectification; and
15
(b) the reason for the rectification.
16
(3) An alteration of an Acts database under this section:
17
(a) does not affect any right or privilege that was acquired, or
18
that accrued, because of reliance on the content of the
19
database before the alteration was made; and
20
(b) does not impose or increase any obligation or liability that
21
was incurred before the alteration was made.
22
Part 4--Miscellaneous
23
24
9 Regulations
25
The Governor-General may make regulations prescribing matters:
26
(a) required or permitted by this Act to be prescribed; or
27
(b) necessary or convenient to be prescribed for carrying out or
28
giving effect to this Act.
29

 


[Index] [Search] [Download] [Related Items] [Help]