LEGISLATIVE INSTRUMENTS AMENDMENT (SUNSETTING MEASURES) BILL 2012

i Legislative Instruments Amendment (Sunsetting Measures) Bill 2012 No. , 2012

Contents

1 Short

title

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2 Commencement

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3 Schedule(s)

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Schedule 1--Legislative Instruments Act 2003

Part 1--Repeal of spent instruments and provisions

Part 2--Date of sunsetting

Part 3--Explanatory statements

Part 4--Repeal of section 15

Schedule 2--Consequential amendment of other legislation

Human Rights (Parliamentary Scrutiny) Act 2011

Legislative Instruments Amendment (Sunsetting Measures) Bill 2012 No. , 2012 1

A Bill for an Act to amend the Legislative

Instruments Act 2003, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Legislative Instruments Amendment

(Sunsetting Measures) Act 2012.

2 Commencement

This Act commences on the day after this Act receives the Royal

Assent.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

Legislative Instruments Act 2003 Schedule 1

Repeal of spent instruments and provisions Part 1

Legislative Instruments Amendment (Sunsetting Measures) Bill 2012 No. , 2012 3

Schedule 1--Legislative Instruments Act 2003

Part 1--Repeal of spent instruments and provisions

1 Title

Omit "periodic".

2 Subsection 3(1)

Omit "(1)".

3 After paragraph 3(1)(e)

Insert:

(ea) repealing spent legislative instruments or provisions that

merely amend or repeal other legislative instruments, or

provide for the commencement of legislative instruments or

Acts; and

4 Paragraph 33(1)(a)

After "Act", insert "except this Act".

5 After subsection 33(1)

Insert:

(1A) If a legislative instrument (the principal legislative instrument) is

amended by section 48C or 48D, First Parliamentary Counsel may

cause to be registered a compilation, in electronic form, in relation

to the principal legislative instrument.

6 Paragraph 33(2)(a)

Before "the", insert "under subsection (1) or (1A),".

7 Subsection 34(5)

Omit "under subsection (2)", substitute "given under subsection (2)

because of an amendment of the principal legislative instrument made

by a provision of an Act other than section 48C or 48D".

8 After subsection 34(5)

Insert:

Schedule 1 Legislative Instruments Act 2003

Part 1 Repeal of spent instruments and provisions

4 Legislative Instruments Amendment (Sunsetting Measures) Bill 2012 No. , 2012

(5A) A notice given under subsection (2) because of an amendment of

the principal legislative instrument made by section 48C or 48D

must require the lodgement of the compilation concerned as soon

as practicable after the giving of the notice.

9 Subsection 45(2)

Repeal the subsection, substitute:

(2)

If:

(a) a legislative instrument (the repealing instrument) or a

provision (the repealing provision) of a legislative

instrument either:

(i) ceases under subsection 38(3) or section 42 to have

effect at a particular time (the cessation time); or

(ii) would so cease to have effect then if it had not already

been repealed by section 48A or 48C; and

(b) the repealing instrument or repealing provision wholly or

partly repealed another legislative instrument or law, or a

provision of another legislative instrument or law, that was in

force immediately before the repealing instrument or

repealing provision commenced;

the repealed instrument, law or provision revives from the

cessation time as if the repealing instrument or repealing provision

had not been made.

10 After Part 5

Insert:

Part 5A--Repeal of spent legislative instruments

and provisions

Division 1--Automatic repeal

Subdivision A--Repeal of amending and repealing instruments

48A Automatic repeal of amending and repealing instruments

(1) This section repeals a legislative instrument that is made on or after

the commencement of this section and whose only legal effect is to

amend or repeal one or more other legislative instruments (without

Legislative Instruments Act 2003 Schedule 1

Repeal of spent instruments and provisions Part 1

Legislative Instruments Amendment (Sunsetting Measures) Bill 2012 No. , 2012 5

making any application, saving or transitional provisions relating

to the amendment or repeal).

Time of repeal

(2) The repeal of the instrument by this section happens on the day

after the last occurrence of one of the following events:

(a) the commencement of the instrument or of the last of its

provisions to commence;

(b) the registration of the instrument.

Effect of repeal

(3) The repeal of the instrument by this section does not affect any

amendment or repeal made by the instrument. This does not limit

the effect of section 7 of the Acts Interpretation Act 1901 as it

applies in relation to the repeal of the instrument by this section

because of section 13 of this Act.

(4) The repeal of the instrument by this section does not prevent

section 38 or 42 from applying to the instrument after the repeal.

That application does not delay the repeal of the instrument by this

section.

Subdivision B--Repeal of commencement instruments

48B Automatic repeal of commencement instruments

(1) This section repeals a legislative instrument that is made on or after

the commencement of this section and provides solely for the

commencement of another legislative instrument, an Act or a

provision of another legislative instrument or Act.

Time of repeal

(2) The repeal of the instrument by this section happens on the day

after the last occurrence of one of the following events:

(a) the commencement (or the last commencement) the

instrument provides for;

(b) the registration of the instrument.

Schedule 1 Legislative Instruments Act 2003

Part 1 Repeal of spent instruments and provisions

6 Legislative Instruments Amendment (Sunsetting Measures) Bill 2012 No. , 2012

Effect of repeal

(3) The repeal of the instrument by this section does not affect any

commencement the instrument provides for. This does not limit the

effect of section 7 of the Acts Interpretation Act 1901 as it applies

in relation to the repeal of the instrument by this section because of

section 13 of this Act.

Subdivision C--Repeal of amending or repealing provisions of

legislative instruments containing other matter

48C Automatic repeal of amending and repealing provisions

(1) This section repeals a provision of a legislative instrument if:

(a) the instrument is made on or after the commencement of this

section but is not an instrument described in subsection

48A(1); and

(b) the only legal effect of the provision (alone or in conjunction

with other provisions of the instrument) is:

(i) to amend or repeal one or more other legislative

instruments; or

(ii) to amend the instrument containing the provision.

Time of repeal

(2) The repeal of the provision by this section happens on the day after

the last occurrence of one of the following events:

(a) the commencement of the provision;

(b) the registration of the instrument containing the provision.

Effect of repeal

(3) The repeal of the provision by this section does not affect any

amendment or repeal made by the provision. This does not limit

the effect of section 7 of the Acts Interpretation Act 1901 as it

applies in relation to the repeal of the provision by this section

because of section 13 of this Act.

(4) The repeal of the provision by this section does not prevent:

(a) section 38 from applying after the repeal to the instrument

containing the provision; or

Legislative Instruments Act 2003 Schedule 1

Repeal of spent instruments and provisions Part 1

Legislative Instruments Amendment (Sunsetting Measures) Bill 2012 No. , 2012 7

(b) section 42 from applying after the repeal to the provision or

to the instrument containing the provision.

Neither of those applications delays the repeal of the provision by

this section.

Subdivision D--Repeal of commencement provisions of

legislative instruments containing other matter

48D Automatic repeal of commencement provisions

(1) This section repeals a provision of a legislative instrument if:

(a) the instrument is made on or after the commencement of this

section but is not an instrument described in subsection

48B(1); and

(b) the provision provides solely for the commencement of the

instrument, another legislative instrument or an Act or the

commencement of a provision of the instrument, another

legislative instrument or an Act.

Time of repeal

(2) The repeal of the provision by this section happens on the day after

the last occurrence of one of the following events:

(a) the commencement (or the last commencement) the provision

provides for;

(b) the registration of the instrument containing the provision.

Effect of repeal

(3) The repeal of the provision by this section does not affect any

commencement the provision provides for. This does not limit the

effect of section 7 of the Acts Interpretation Act 1901 as it applies

in relation to the repeal of the provision by this section because of

section 13 of this Act.

Schedule 1 Legislative Instruments Act 2003

Part 1 Repeal of spent instruments and provisions

8 Legislative Instruments Amendment (Sunsetting Measures) Bill 2012 No. , 2012

Division 2--Repeal by regulations

48E Regulations may repeal legislative instruments, or provisions of

legislative instruments, no longer required

(1) The regulations may repeal a legislative instrument or a provision

of a legislative instrument.

(2) Before the Governor-General makes a regulation for the purposes

of subsection (1), the Attorney-General must be satisfied that the

legislative instrument or provision to be repealed is spent or is no

longer required.

11 Subsection 54(2) (table item 48)

Repeal the item.

Legislative Instruments Act 2003 Schedule 1

Date of sunsetting Part 2

Legislative Instruments Amendment (Sunsetting Measures) Bill 2012 No. , 2012 9

Part 2--Date of sunsetting

12 Subsection 45(3)

Omit "it would have ceased to have effect under Part 6 had it not been

repealed", substitute "Part 6 would have repealed it had it not already

been repealed by the repealing instrument or the repealing provision".

13 Section 50

Repeal the section, substitute:

50 Sunsetting

(1) This subsection repeals a legislative instrument on the first 1 April

or 1 October falling on or after the tenth anniversary of registration

of the instrument, unless the instrument was registered on

1 January 2005.

(2) This subsection repeals a legislative instrument on the day worked

out using the table if the instrument was registered on 1 January

2005.

Day of repeal of legislative instrument registered on 1 January 2005

Year the instrument was made

Day of repeal

A year before 1930

1 April 2015

A year in the decade starting on 1 January 1930

1 October 2015

A year in the decade starting on 1 January 1940

1 April 2016

A year in the decade starting on 1 January 1950

1 October 2016

A year in the decade starting on 1 January 1960

1 April 2017

A year in the decade starting on 1 January 1970

1 October 2017

A year in the decade starting on 1 January 1980

1 April 2018

1990, 1991, 1992, 1993 or 1994

1 October 2018

1995, 1996, 1997, 1998 or 1999

1 April 2019

10 2000, 2001 or 2002

1 October 2019

11 2003 or 2004

1 April 2020

Schedule 1 Legislative Instruments Act 2003

Part 2 Date of sunsetting

10 Legislative Instruments Amendment (Sunsetting Measures) Bill 2012 No. , 2012

Relationship with other provisions

(3) This section has effect subject to Part 5A and sections 51, 51A, 53

and 54.

Note:

A legislative instrument may be repealed under Part 5A before it could

be repealed by this section. Section 51 or 51A may repeal a legislative

instrument at a time different from the time when it would be repealed

by this section. Sections 53 and 54 may prevent a legislative

instrument from being repealed by this section.

14 Paragraph 51(1)(a)

Omit "or particular provisions of a legislative instrument would be

taken to cease to be in force under this Part (whether because of the

operation of subsection 50(1), (2) or (3)", substitute "would (apart from

this section) be repealed by section 50 or 51A".

15 Subparagraphs 51(1)(b)(i) and (ii)

Omit "or provisions".

16 Paragraph 51(1)(c)

Omit "or provisions are", substitute "is".

17 Paragraph 51(1)(d)

Omit "or provisions are taken to cease to be in force on the specified

day instead of the sunsetting day as if repealed by another legislative

instrument, unless they have earlier ceased to be in force", substitute "is

repealed by this section on the specified day instead of the sunsetting

day, unless the instrument has been repealed earlier".

18 After section 51

Insert:

51A Attorney-General may align sunsetting of instruments to be

reviewed together

(1) The Attorney-General may by legislative instrument (the

sunset-altering instrument) declare that 2 or more other legislative

instruments (the instruments to be reviewed) are repealed by this

section on a single specified day, if he or she is satisfied, on

application by the rule-maker of the instruments to be reviewed,

that:

Legislative Instruments Act 2003 Schedule 1

Date of sunsetting Part 2

Legislative Instruments Amendment (Sunsetting Measures) Bill 2012 No. , 2012 11

(a) all the instruments to be reviewed:

(i) would, apart from this section, be repealed by section 50

or 51; and

(ii) are or will be the subject of a single review; and

(b) the making of the declaration will facilitate the undertaking

of the review and the implementation of its findings.

(2) The day specified in the sunset-altering instrument:

(a) must be 1 April or 1 October of a year; and

(b) must be not more than 5 years after the earliest day on which

any of the instruments to be reviewed would be repealed by

section 50 or 51 apart from this section; and

which any of the instruments to be reviewed would be

repealed by section 50 or 51 apart from this section.

(3) The sunset-altering instrument has effect according to its terms

(subject to Part 5, and to section 53 operating on the instruments to

be reviewed).

19 Subsection 52(1) (definition of principal legislative

instrument)

Repeal the definition.

20 Subsection 52(1) (definition of sunsetting day)

Omit "cease to be in force because of the operation of", substitute "be

repealed by".

21 Subsection 52(2)

Repeal the subsection, substitute:

(2) The Attorney-General must arrange for the laying before each

House of the Parliament, on each list tabling day in relation to that

House, of a list of legislative instruments that will be repealed by

section 50, 51 or 51A on the sunsetting day to which that list

tabling day relates.

22 Subsection 52(3)

Omit "principal legislative instrument, and each provision of a

legislative instrument,", substitute "legislative instrument".

Schedule 1 Legislative Instruments Act 2003

Part 2 Date of sunsetting

12 Legislative Instruments Amendment (Sunsetting Measures) Bill 2012 No. , 2012

23 Section 53

Repeal the section, substitute:

53 Resolution that instrument continue in force

(1) A legislative instrument that would otherwise be repealed on a day

by section 50, 51 or 51A continues in force, despite those sections,

if:

(a) the instrument is mentioned in:

(i) a copy of a certificate laid before a House of the

Parliament under section 51; or

(ii) a list laid before a House of the Parliament under

section 52; and

(b) the House indicates, by resolution passed within 6 months

after the copy or list is laid before the House, that the

instrument should continue in force.

(2) The legislative instrument continues in force, subject to:

(a) sections 50, 51 and 51A, which apply to it after the passage

of the resolution as if it were registered on the day on which

it would have been repealed by section 50, 51 or 51A apart

from this section; and

(b) any later instrument amending or repealing it.

Note:

The legislative instrument is not required to be tabled again, and is not

liable to disallowance again.

Legislative Instruments Act 2003 Schedule 1

Explanatory statements Part 3

Legislative Instruments Amendment (Sunsetting Measures) Bill 2012 No. , 2012 13

Part 3--Explanatory statements

24 Subsection 4(1) (definition of explanatory statement)

Repeal the definition, substitute:

explanatory statement, in relation to a legislative instrument,

means the statement that relates to the instrument and meets the

requirements in subsection 26(1A).

25 Subsection 17(3) (note)

Omit "The definition of explanatory statement in subsection 4(1)

requires that the explanatory statement prepared in respect of each

legislative instrument", substitute "Under subsection 26(1A), an

explanatory statement relating to a legislative instrument must".

26 After subsection 26(1)

Insert:

(1A) For the purposes of this Act, an explanatory statement in relation to

a legislative instrument must:

(a) be prepared by the rule-maker; and

(b) explain the purpose and operation of the instrument; and

reference--contain a description of the documents so

incorporated and indicate how they may be obtained; and

(d) if consultation was undertaken under section 17 before the

instrument was made--contain a description of the nature of

that consultation; and

(e) if no such consultation was undertaken--explain why no

such consultation was undertaken; and

(f) if section 42 applies to the instrument--contain a statement

of compatibility prepared under subsection 9(1) of the

Human Rights (Parliamentary Scrutiny) Act 2011; and

(g) contain such other information as is prescribed by the

regulations.

(1B) For the avoidance of doubt, the requirement in paragraph (1A)(b):

(a) may be met by an explanation that the instrument replaces a

specified earlier legislative instrument or a specified

Schedule 1 Legislative Instruments Act 2003

Part 3 Explanatory statements

14 Legislative Instruments Amendment (Sunsetting Measures) Bill 2012 No. , 2012

provision of an earlier legislative instrument and is the same

in substance as the specified instrument or provision; and

(b) may be met in relation to a particular provision of the

instrument by an explanation that the provision replaces a

specified earlier legislative instrument or a specified

provision of an earlier legislative instrument and is the same

in substance as the specified instrument or provision.

(1C) Subsection (1B) does not limit the ways in which the requirement

in paragraph (1A)(b) may be met. Paragraph (1B)(b) does not

imply that paragraph (1A)(b) requires a separate explanation of the

purpose and operation of each provision of the instrument.

(1D) A single explanatory statement may relate to one or more

legislative instruments.

Schedule 2 Consequential amendment of other legislation

16 Legislative Instruments Amendment (Sunsetting Measures) Bill 2012 No. , 2012

Schedule 2--Consequential amendment of

other legislation

Human Rights (Parliamentary Scrutiny) Act 2011

1 Subsection 9(1) (note)

Omit "the definition of explanatory statement in section 4", substitute

"subsection 26(1A)".

Commonwealth of Australia Bills

LEGISLATIVE INSTRUMENTS AMENDMENT (SUNSETTING MEASURES) BILL 2012