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This is a Bill, not an Act. For current law, see the Acts databases.
ACTS INTERPRETATION AMENDMENT (LEGISLATIVE INSTRUMENTS) BILL 2005
2004-2005
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Acts Interpretation Amendment
(Legislative Instruments) Bill 2005
No. , 2005
(Attorney-General)
A Bill for an Act to amend the Acts Interpretation
Act 1901, and for related purposes
i Acts Interpretation Amendment (Legislative Instruments) Bill 2005 No. , 2005
Contents
1
Short title ......................................................................................1
2
Commencement .............................................................................1
3
Schedule(s)....................................................................................2
Schedule 1--Amendment of the Acts Interpretation Act 1901
3
Acts Interpretation Amendment (Legislative Instruments) Bill 2005 No. , 2005 1
A Bill for an Act to amend the Acts Interpretation
1
Act 1901, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Acts Interpretation Amendment
5
(Legislative Instruments) Act 2005.
6
2 Commencement
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 Acts Interpretation Amendment (Legislative Instruments) Bill 2005 No. , 2005
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,
item 1
Immediately after the commencement of
section 3 of the Legislative Instruments Act
2003.
1 January 2005
3. Schedule 1,
items 2 to 5
Immediately after the commencement of
Schedule 1 to the Legislative Instruments
(Transitional Provisions and Consequential
Amendments) Act 2003.
1 January 2005
Note:
This table relates only to the provisions of this Act as originally
1
passed by the Parliament and assented to. It will not be expanded to
2
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
Amendment of the Acts Interpretation Act 1901 Schedule 1
Acts Interpretation Amendment (Legislative Instruments) Bill 2005 No. , 2005 3
1
Schedule 1--Amendment of the Acts
2
Interpretation Act 1901
3
4
1 After section 15AD
5
Insert:
6
15AE Legislative instruments etc.
7
Instruments that are described as legislative instruments
8
(1) If a provision of a law requires or permits an instrument that is
9
described as a legislative instrument to be made, then an instrument
10
made under that provision:
11
(a) must be in writing; and
12
(b) is a legislative instrument for the purposes of the Legislative
13
Instruments Act 2003.
14
(2) However, the fact that a provision of a law requires or permits an
15
instrument that is described as a legislative instrument to be made
16
does not imply that an instrument made under that provision is or
17
must be of legislative character (within the ordinary meaning of that
18
term).
19
Instruments that are described as not being legislative instruments
20
(3) If a provision of a law requires or permits an instrument that is
21
described as not being a legislative instrument to be made, then an
22
instrument made under that provision is not a legislative instrument
23
for the purposes of the Legislative Instruments Act 2003.
24
(4) However, the fact that a provision of a law requires or permits an
25
instrument that is described as not being a legislative instrument to
26
be made does not imply that an instrument made under that
27
provision is not, or must not be, of legislative character (within the
28
ordinary meaning of that term).
29
Schedule 1 Amendment of the Acts Interpretation Act 1901
4 Acts Interpretation Amendment (Legislative Instruments) Bill 2005 No. , 2005
No inference to be drawn from express statements
1
(5) In determining whether an instrument made under a provision of a
2
law is a legislative instrument for the purposes of the Legislative
3
Instruments Act 2003, no inference may be drawn from the fact that
4
an instrument made under another provision of that or any other law
5
is described as a legislative instrument, or as not being a legislative
6
instrument.
7
Example: In determining whether a Ministerial direction under a provision is a
8
legislative instrument, no inference may be drawn from the fact that
9
a Ministerial direction under another provision is described as being
10
a legislative instrument.
11
Definition
12
(6) In this section:
13
law means an Act or regulations or any other instrument made
14
under an Act.
15
2 Subsection 46(1)
16
Omit "within the meaning of", substitute "for the purposes of".
17
3 Subsection 46AA(1)
18
Omit "within the meaning of" (wherever occurring), substitute "for the
19
purposes of".
20
4 Paragraph 46B(1)(a)
21
Omit "within the meaning of", substitute "for the purposes of".
22
5 Subsection 46B(2)
23
Omit "within the meaning of", substitute "for the purposes of".
24