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Australian Senate Standing Committee for the Scrutiny of Delegated Legislation - Monitor

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Summary [2005] AUSStaCSDLM 82 (23 June 2005)


DELEGATED LEGISLATION MONITOR

20 – 23 JUNE 2005

This week at a glance

There were 78 disallowable instruments tabled in the Parliament.

These were made under 43 separate enabling Acts, through

14 Departments of State.

Regulations

33 of the 78 instruments were Regulations, comprising

• 3 made as primary instruments; and

• 30 made as amending instruments

Instrument makers

39 instruments were made by the Governor-General or Ministers

39 instruments were made by Public Officials

On 1 January 2005, the Acts Interpretation Act 1901 was repealed with the commencement of the Legislative Instruments Act 2003. The Legislative Instruments Act effectively adopts the parliamentary scrutiny provisions of the Acts Interpretation Act. An instrument will only be caught by the new regime if it is of a legislative character and is or has been made in the exercise of a power delegated by the Parliament. From 1 January 2005, all legislative instruments are required to be registered on the Federal Register of Legislative Instruments to be enforceable. The Register is administered by the Attorney-General’s Department and may be found at www.frli.gov.au. Each legislative instrument is given its own unique identification number as it is registered. This number (shown in square brackets) is included in this publication below the name of each instrument. The monitor contains only those legislative instruments that are subject to disallowance.

The monitor also contains non-legislative instruments that are subject to disallowance under new section 46B of the Acts Interpretation Act 1901.


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