(1)

A legislative instrument that is required to be registered under Division 2 is not enforceable by or against the Commonwealth, or by or against any other person or body, unless the instrument is registered.

Note: Division 2 deals with the registration of legislative instruments made on or after the commencing day.

(2)

If:

(a) a legislative instrument is required to be registered under Division 2; and
(b) because of technical difficulties the instrument is temporarily unable to be so registered;

the Secretary may cause the instrument to be published in full in the Gazette .

(3)

If the Secretary causes a legislative instrument to be published in the Gazette in the circumstances referred to in subsection (2):

(a) this Act has effect as if the instrument had been registered at the time when it was published in the Gazette ; and
(b) the Secretary must, as soon as practicable after the instrument is able to be entered in the Register, cause the instrument to be so entered with an annotation as to the day and time at which the instrument is taken to have been registered.