Note: An electronic version of this Act is available in ComLaw (http://www.comlaw.gov.au/)
Acts and Instruments (Framework
Reform) (Consequential Provisions) Act
2015
No. 126, 2015
An Act to make provisions consequential on the
enactment of the Acts and Instruments (Framework
Reform) Act 2015 and other provisions relating to
legislative instruments, notifiable instruments and
rules of court, and for related purposes
Authorised Version C2015A00126
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Contents 1 Short title ...........................................................................................2
2 Commencement.................................................................................2
3 Schedules...........................................................................................3
Schedule 1—Consequential amendments 5
Part 1—Main amendments 5
Aboriginal and Torres Strait Islander Act 2005 5
Aboriginal and Torres Strait Islander Heritage Protection Act 1984 5
Aged Care Act 1997 5
Aged Care (Living Longer Living Better) Act 2013 5
Age Discrimination Act 2004 6
Agricultural and Veterinary Chemicals Act 1994 6
Agricultural and Veterinary Chemicals Code Act 1994 6
Air Navigation Act 1920 6
Airports Act 1996 7
Airspace Act 2007 7
Albury-Wodonga Development Corporation (Abolition) Act 2014 7
A New Tax System (Family Assistance) (Administration) Act 1999 8
A New Tax System (Goods and Services Tax) Act 1999 8
Anti-Money Laundering and Counter-Terrorism Financing Act 2006 9
Asbestos Safety and Eradication Agency Act 2013 10
Auditor-General Act 1997 10
Australia Council Act 2013 10
Australian Aged Care Quality Agency Act 2013 10
Australian Capital Territory (Planning and Land Management) Act
1988 11
Australian Capital Territory (Self-Government) Act 1988 11
Australian Charities and Not-for-profits Commission Act 2012 11
Australian Citizenship Act 2007 12
Australian Communications and Media Authority Act 2005 12
Australian Education Act 2013 12
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Australian Energy Market Act 2004 12
Australian Organ and Tissue Donation and Transplantation Authority
Australian Transaction Reports and Analysis Centre Industry
Australian Hearing Services Act 1991 12
Australian Human Rights Commission Act 1986 13
Australian Jobs Act 2013 13
Australian National Registry of Emissions Units Act 2011 13
Act 2008 13
Australian Passports Act 2005 14
Australian Postal Corporation Act 1989 14
Australian Renewable Energy Agency Act 2011 14
Australian Research Council Act 2001 14
Australian Security Intelligence Organisation Act 1979 14
Australian Sports Anti-Doping Authority Act 2006 15
Contribution Act 2011 15
Autonomous Sanctions Act 2011 16
Aviation Transport Security Act 2004 16
Banking Act 1959 16
Bankruptcy Act 1966 18
Broadcasting Services Act 1992 19
Carbon Credits (Carbon Farming Initiative) Act 2011 20
Carriage of Goods by Sea Act 1991 22
Charter of the United Nations Act 1945 22
Chemical Weapons (Prohibition) Act 1994 22
Civil Aviation Act 1988 22
Clean Energy Legislation (Carbon Tax Repeal) Act 2014 24
Clean Energy Regulator Act 2011 24
Coal Mining Industry (Long Service Leave) Administration Act 1992 24
Commonwealth Bank Sale Act 1995 25
Commonwealth Electoral Act 1918 25
Commonwealth Places (Mirror Taxes) Act 1998 25
Competition and Consumer Act 2010 25
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Copyright Act 1968 28
Criminal Code Act 1995 28
Cross-Border Insolvency Act 2008 29
Customs Act 1901 29
Customs Tariff Act 1995 30
Dairy Produce Act 1986 30
Data-matching Program (Assistance and Tax) Act 1990 30
Defence Housing Australia Act 1987 30
Defence (Special Undertakings) Act 1952 31
Defence Trade Controls Act 2012 31
Dental Benefits Act 2008 31
Designs Act 2003 31
DisabilityCare Australia Fund Act 2013 31
Education Services for Overseas Students Act 2000 32
Education Services for Overseas Students (TPS Levies) Act 2012 32
Enhancing Online Safety for Children Act 2015 32
Environment Protection and Biodiversity Conservation Act 1999 33
Excise Act 1901 35
Excise Tariff Act 1921 36
Export Inspection and Meat Charges Collection Act 1985 37
Export Inspection (Quantity Charge) Act 1985 37
Export Market Development Grants Act 1997 37
Fair Work Act 2009 37
Fair Work (Building Industry) Act 2012 38
Fair Work (Registered Organisations) Act 2009 39
Fair Work (Transitional Provisions and Consequential Amendments)
Act 2009 39
Family Law Act 1975 39
Federal Circuit Court of Australia Act 1999 40
Federal Financial Relations Act 2009 40
First Home Saver Accounts Act 2008 40
Fisheries Levy Act 1984 40
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Fisheries Management Act 1991 40
Future Fund Act 2006 41
Governor-General Act 1974 41
Great Barrier Reef Marine Park Act 1975 42
Healthcare Identifiers Act 2010 44
Health Insurance Act 1973 44
Hearing Services Administration Act 1997 44
Higher Education Funding Act 1988 44
Higher Education Support Act 2003 45
Income Tax Assessment Act 1936 50
Income Tax Assessment Act 1997 50
Independent Contractors Act 2006 51
Industrial Chemicals (Notification and Assessment) Act 1989 52
Industry Research and Development Act 1986 52
Insurance Act 1973 52
Intelligence Services Act 2001 53
Interactive Gambling Act 2001 54
International Monetary Agreements Act 1947 54
International Organisations (Privileges and Immunities) Act 1963 54
International War Crimes Tribunals Act 1995 54
Judges’ Pensions Act 1968 55
Lands Acquisition Act 1989 55
Life Insurance Act 1995 56
Liquid Fuel Emergency Act 1984 57
Local Government (Financial Assistance) Act 1995 62
Low Aromatic Fuel Act 2013 62
Marine Safety (Domestic Commercial Vessel) National Law Act 2012 62
Medibank Private Sale Act 2006 63
Medical Indemnity Act 2002 63
Midwife Professional Indemnity (Commonwealth Contribution)
Scheme Act 2010 65
Migration Act 1958 66
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Military Superannuation and Benefits Act 1991 67
National Security Information (Criminal and Civil Proceedings) Act
Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act
Ozone Protection and Synthetic Greenhouse Gas Management Act
Mutual Assistance in Criminal Matters Act 1987 68
National Blood Authority Act 2003 68
National Broadband Network Companies Act 2011 68
National Disability Insurance Scheme Act 2013 68
National Environment Protection Council Act 1994 69
National Film and Sound Archive of Australia Act 2008 69
National Health Act 1953 69
National Health Reform Act 2011 70
National Health Security Act 2007 70
National Land Transport Act 2014 71
National Portrait Gallery of Australia Act 2012 74
National Rental Affordability Scheme Act 2008 74
2004 74
National Vocational Education and Training Regulator Act 2011 74
Nation-building Funds Act 2008 76
Native Title Act 1993 77
Navigation Act 2012 78
Offshore Petroleum and Greenhouse Gas Storage Act 2006 78
Offshore Petroleum (Royalty) Act 2006 79
Ombudsman Act 1976 79
1995 79
1989 79
Parliamentary Contributory Superannuation Act 1948 80
Parliamentary Service Act 1999 80
Patents Act 1990 81
Personally Controlled Electronic Health Records Act 2012 81
Personal Property Securities Act 2009 81
Petroleum Excise (Prices) Act 1987 81
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Petroleum Resource Rent Tax Assessment Act 1987 82
Public Governance and Resources Legislation Amendment Act (No. 1)
Public Governance, Performance and Accountability (Consequential
Schools Assistance (Learning Together—Achievement Through
Screen Australia and the National Film and Sound Archive of
Privacy Act 1988 82
Product Stewardship Act 2011 82
Product Stewardship (Oil) Act 2000 83
Protection of Cultural Objects on Loan Act 2013 83
2015 83
Public Governance, Performance and Accountability Act 2013 84
and Transitional Provisions) Act 2014 85
Public Interest Disclosure Act 2013 85
Public Service Act 1999 85
Quarantine Act 1908 86
Remuneration Tribunal Act 1973 86
Renewable Energy (Electricity) Act 2000 87
Retirement Savings Accounts Act 1997 87
Safety, Rehabilitation and Compensation Act 1988 87
Safe Work Australia Act 2008 87
Schools Assistance Act 2008 88
Choice and Opportunity) Act 2004 89
Screen Australia Act 2008 89
Australia (Consequential and Transitional Provisions) Act 2008 89
Shipping Reform (Tax Incentives) Act 2012 90
Social and Community Services Pay Equity Special Account Act 2012 90
Social Security Act 1991 90
Social Security (Administration) Act 1999 91
Stronger Futures in the Northern Territory Act 2012 92
Student Assistance Act 1973 92
Student Identifiers Act 2014 92
Superannuation Act 1922 93
Superannuation Act 1976 93
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Superannuation Act 1990 94
Superannuation Act 2005 95
Superannuation Industry (Supervision) Act 1993 98
Superannuation Legislation Amendment (Simplification) Act 2007 98
Superannuation (Productivity Benefit) Act 1988 98
Superannuation (Unclaimed Money and Lost Members) Act 1999 99
Surveillance Devices Act 2004 99
Sydney Airport Demand Management Act 1997 99
Tax Agent Services Act 2009 100
Taxation Administration Act 1953 100
Telecommunications Act 1997 100
Telecommunications (Carrier Licence Charges) Act 1997 102
Telecommunications (Consumer Protection and Service Standards)
Act 1999 102
Telecommunications (Interception and Access) Act 1979 103
Telecommunications (Numbering Charges) Act 1997 103
Telstra Corporation Act 1991 103
Tertiary Education Quality and Standards Agency Act 2011 104
Therapeutic Goods Act 1989 105
Tourism Australia Act 2004 106
Veterans’ Entitlements Act 1986 106
Water Efficiency Labelling and Standards Act 2005 108
Work Health and Safety Act 2011 109
Workplace Gender Equality Act 2012 109
Part 2—Contingent amendments 110
Designs Act 2003 110
Patents Act 1990 110
Plant Breeder’s Rights Act 1994 110
Trade Marks Act 1995 110
Schedule 2—Amendments relating to court rules 111
Part 1—Amendments commencing on Proclamation 111
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Family Law Act 1975 111
Part 2—Amendment of the Legislative Instruments Act 2003 112
Legislative Instruments Act 2003 112
Part 3—Amendment of the Legislation Act 2003 113
Legislation Act 2003 113
Part 4—Application of amendments 114
Schedule 3—Amendments relating to forms and technical
matters 115
Part 1—Amendments 115
Acts and Instruments (Framework Reform) Act 2015 115
Acts Interpretation Act 1901 115
Legislation Act 2003 115
Part 2—Application of amendments 116
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Acts and Instruments (Framework
Reform) (Consequential Provisions) Act
2015
No. 126, 2015
An Act to make provisions consequential on the
enactment of the Acts and Instruments (Framework
Reform) Act 2015 and other provisions relating to
legislative instruments, notifiable instruments and
rules of court, and for related purposes
[Assented to 10 September 2015]
The Parliament of Australia enacts:
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1 Short title
This Act may be cited as the Acts and Instruments (Framework
Reform) (Consequential Provisions) Act 2015.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with
column 2 of the table. Any other statement in column 2 has effect
according to its terms.
Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent. 10 September
2015
2. Schedule 1,
Part 1
3. Schedule 1,
Part 2
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) the commencement of Schedule 1 to the
Acts and Instruments (Framework
Reform) Act 2015.
The later of:
(a) the commencement of Part 1 of
Schedule 1 to this Act; and
(b) immediately after the commencement of
Schedule 4 to the Intellectual Property
Laws Amendment Act 2015.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
5 March 2016
(paragraph (b)
applies)
24 February
2017
(paragraph (b)
applies)
4. Schedule 2,
Part 1
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
10 March 2016
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Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
they commence on the day after the end of
that period.
5. Schedule 2, At the same time as the provisions covered Never
Part 2 by table item 4. commenced
However, if that time is the same time as, or
after, the commencement of Schedule 1 to
the Acts and Instruments (Framework
Reform) Act 2015, the provisions do not
commence at all.
6. Schedule 2, The later of: 10 March 2016
Part 3 (a) the commencement of the provisions (paragraph (a) covered by table item 4; and applies)
(b) immediately after the commencement of
Schedule 1 to the Acts and Instruments
(Framework Reform) Act 2015.
7. Schedule 2, At the same time as the provisions covered 10 March 2016
Part 4 by table item 4.
8. Schedule 3 The later of: 5 March 2016
(a) the start of the day after this Act receives
the Royal Assent; and (paragraph (b)
applies)
(b) immediately after the commencement of
Schedule 1 to the Acts and Instruments
(Framework Reform) Act 2015.
Note: This table relates only to the provisions of this Act as originally
enacted. It will not be amended to deal with any later amendments of
this Act.
(2) Any information in column 3 of the table is not part of this Act.
Information may be inserted in this column, or information in it
may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule
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concerned, and any other item in a Schedule to this Act has effect
according to its terms.
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Consequential amendments Schedule 1
Main amendments Part 1
Schedule 1—Consequential amendments
Part 1—Main amendments
Aboriginal and Torres Strait Islander Act 2005
1 Subsections 4(3), 142AA(1A), 151(4), 181A(8) and 191D(1B)
Omit “for the purposes of the Legislative Instruments Act 2003”.
2 Clause 28 of Schedule 4 (note)
Omit “Legislative Instruments Act 2003” (wherever occurring),
substitute “Legislation Act 2003”.
Aboriginal and Torres Strait Islander Heritage Protection
Act 1984
3 Paragraph 14(1)(b)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Aged Care Act 1997
4 Subsection 63-1AA(9) (note at the end of the definition of reportable assault)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Aged Care (Living Longer Living Better) Act 2013
5 Subitem 1(2) of Schedule 5
Omit “paragraph 40(1)(a)”, substitute “subparagraph 40(1A)(a)(ii)”.
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Schedule 1 Consequential amendments
Part 1 Main amendments
Age Discrimination Act 2004
6 Subsection 39(6)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Agricultural and Veterinary Chemicals Act 1994
7 Subsection 23(3)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Agricultural and Veterinary Chemicals Code Act 1994
8 Subsection 7(3)
Omit “Legislative Instruments Act 2003, section 42”, substitute
“Legislation Act 2003, section 42 (disallowance)”.
9 Paragraph 7(6)(b)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
10 Subsection 163A(1) of the Code set out in the Schedule
Omit “Legislative Instruments Act 2003 but subject to subsection (2) of
this section, section 42”, substitute “Legislation Act 2003 but subject to
subsection (2) of this section, section 42 (disallowance)”.
Air Navigation Act 1920
11 Subsection 15A(8)
Omit “, but Part 6 of the Legislative Instruments Act 2003 does not
apply to the determination”.
12 At the end of subsection 15A(8)
Add:
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Consequential amendments Schedule 1
Main amendments Part 1
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the determination: see regulations made for the purposes of
paragraph 54(2)(b) of that Act.
Airports Act 1996
13 Subsection 155(1) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
14 Subsection 198(2A)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
15 Subclauses 5(3) and 9(1) of the Schedule (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Airspace Act 2007
16 Subsection 8(5)
Repeal the subsection, substitute:
Legislation Act 2003
(5) A statement made under subsection (1) is a legislative instrument,
but section 42 (disallowance) of the Legislation Act 2003 does not
apply to the statement.
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the statement: see regulations made for the purposes of
paragraph 54(2)(b) of that Act.
Albury-Wodonga Development Corporation (Abolition) Act
2014
17 Item 8 of Schedule 1 (paragraph (c) of the definition of instrument)
Omit “(within the meaning of the Legislative Instruments Act 2003)”.
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Schedule 1 Consequential amendments
Part 1 Main amendments
A New Tax System (Family Assistance) (Administration) Act
1999
18 Subsection 50T(5)
Omit “for the purposes of the Legislative Instruments Act 2003”.
19 Section 206 (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
A New Tax System (Goods and Services Tax) Act 1999
20 Subsection 40-75(2B) (note 2)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
21 Section 81-25
Repeal the section, substitute:
81-25 Retrospective application of regulations
Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply in relation
to regulations made for the purposes of subsection 81-5(2) or
81-10(2) or section 81-15.
22 Subsection 177-10(6)
Repeal the subsection, substitute:
(6) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply in relation
to determinations made under subsection (5) of this section.
23 Section 195-1 (definition of eligible Australian carbon credit unit)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
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Consequential amendments Schedule 1
Main amendments Part 1
Anti-Money Laundering and Counter-Terrorism Financing
Act 2006
24 Section 5 (note 3 at the end of the definition of threshold transaction)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
25 Subsection 6(2) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
26 Section 33 (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
27 Subsections 41(5), 90(1), (2) and (3) and 91(1), (2) and (3) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
28 Subsection 102(2) (notes 1 and 2)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
29 Section 103
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
30 Subsection 245(10) (heading)
Repeal the heading, substitute:
Legislation Act 2003
31 Paragraph 249(a)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
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Schedule 1 Consequential amendments
Part 1 Main amendments
Asbestos Safety and Eradication Agency Act 2013
32 Subsections 14(1) and 30(1) (note)
Repeal the note, substitute:
Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 do not apply to the directions (see regulations
made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that
Act).
Auditor-General Act 1997
33 Subclauses 1(1) of Schedule 1 and 1(2) of Schedule 2 (note)
Omit “19A”, substitute “19”.
Australia Council Act 2013
34 Subsection 12(1) (notes 1 and 2)
Repeal the notes, substitute:
Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply
to a direction—see regulations made for the purposes of
paragraph 44(2)(b) of that Act.
Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to a direction—see regulations made for the purposes of
paragraph 54(2)(b) of that Act.
Australian Aged Care Quality Agency Act 2013
35 Subsection 14(4) (notes 1 and 2)
Repeal the notes, substitute:
Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply
to the direction: see regulations made for the purposes of
paragraph 44(2)(b) of that Act.
Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the direction: see regulations made for the purposes of
paragraph 54(2)(b) of that Act.
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Consequential amendments Schedule 1
Main amendments Part 1
Australian Capital Territory (Planning and Land
Management) Act 1988
36 Section 52
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Australian Capital Territory (Self-Government) Act 1988
37 Section 3 (definition of Commonwealth Minister)
Omit “19A”, substitute “19”.
38 Section 33
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Australian Charities and Not-for-profits Commission Act
2012
39 Subsection 45-15(4)
Omit “Part 3 of the Legislative Instruments Act 2003”, substitute
“Section 17 (consultation) of the Legislation Act 2003”.
40 Section 45-20
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
41 Subsection 50-15(4)
Omit “Part 3 of the Legislative Instruments Act 2003”, substitute
“Section 17 (consultation) of the Legislation Act 2003”.
42 Section 50-20
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
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Schedule 1 Consequential amendments
Part 1 Main amendments
Australian Citizenship Act 2007
43 Subsection 15(4)
Repeal the subsection, substitute:
Retrospective application of instruments
(4) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to the
instrument.
Australian Communications and Media Authority Act 2005
44 Subsection 53(1)
Omit “for the purposes of the Legislative Instruments Act 2003”.
Australian Education Act 2013
45 Subsection 14(3)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
46 Subsection 130(4)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Australian Energy Market Act 2004
47 Subsections 13F(1), (2) and (3)
Omit “for the purposes of the Legislative Instruments Act 2003”.
Australian Hearing Services Act 1991
48 Subsections 8(4) to (8) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
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Consequential amendments Schedule 1
Main amendments Part 1
Australian Human Rights Commission Act 1986
49 Subsection 47(3)
Omit “Part 6 (sunsetting) of the Legislative Instruments Act 2003”,
substitute “Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003”.
Australian Jobs Act 2013
50 Subsection 84(1) (note 2)
Repeal the note, substitute:
Note 2: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 do not apply to the direction (see regulations
made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that
Act).
Australian National Registry of Emissions Units Act 2011
51 Section 4 (definition of Kyoto rules)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
52 Subsection 36(1) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
53 Subsection 95(2)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Australian Organ and Tissue Donation and Transplantation
Authority Act 2008
54 Subsection 30(4) (notes 1 and 2)
Repeal the notes, substitute:
Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply
to the direction—see regulations made for the purposes of
paragraph 44(2)(b) of that Act.
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Schedule 1 Consequential amendments
Part 1 Main amendments
Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the direction—see regulations made for the purposes of
paragraph 54(2)(b) of that Act.
Australian Passports Act 2005
55 Subsection 52(3)
Omit “for the purposes of the Legislative Instruments Act 2003”.
Australian Postal Corporation Act 1989
56 Subsection 30(2)
Repeal the subsection, substitute:
(2) A regulation made for the purposes of paragraph (1)(q) may not
commence earlier than the day after the last day on which the
regulation may be disallowed under Part 2 of Chapter 3 of the
Legislation Act 2003.
Australian Renewable Energy Agency Act 2011
57 Subsections 20(2) and 22(6)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Australian Research Council Act 2001
58 Subsection 60(4) (note)
Omit “subsection 44(2) of the Legislative Instruments Act 2003”,
substitute “regulations made for the purposes of paragraph 44(2)(b) of
the Legislation Act 2003”.
Australian Security Intelligence Organisation Act 1979
59 Subsection 34C(5)
Omit “neither section 42 nor Part 6 of the Legislative Instruments Act
2003 applies”, substitute “section 42 (disallowance) of the Legislation
Act 2003 does not apply”.
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Consequential amendments Schedule 1
Main amendments Part 1
60 At the end of subsection 34C(5)
Add:
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the statement: see regulations made for the purposes of
paragraph 54(2)(b) of that Act.
Australian Sports Anti-Doping Authority Act 2006
61 Subsection 12(2)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Australian Transaction Reports and Analysis Centre
Industry Contribution Act 2011
62 Subsection 7(1) (definition of census day)
Repeal the definition, substitute:
census day, for a financial year, means:
(a) 1 July in that financial year; or
(b) if the AUSTRAC CEO determines, by legislative instrument,
another day in that financial year—that day.
63 Paragraph 9(3)(d)
Omit “despite subsection 12(2) of the Legislative Instruments Act
2003,”.
64 Subsection 9(4)
Repeal the subsection, substitute:
Retrospective application of determinations
(4) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to a
determination made for the purposes of subsection (1).
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Schedule 1 Consequential amendments
Part 1 Main amendments
65 Application of amendments
The amendments of the Australian Transaction Reports and Analysis
Centre Industry Contribution Act 2011 made by this Part apply to
census days, and instalments of levy payable, for financial years starting
on or after 1 July 2015.
Autonomous Sanctions Act 2011
66 Subsection 10(3)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Aviation Transport Security Act 2004
67 Subsection 65B(1) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
68 Subsection 65B(3) (note)
Omit “Part 3 of the Legislative Instruments Act 2003”, substitute
“section 17 of the Legislation Act 2003”.
Banking Act 1959
69 Subsections 5(4), (7) and (8) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
70 Subsection 5(9)
Omit “neither section 42 (disallowance) nor Part 6 (sunsetting) of the
Legislative Instruments Act 2003 applies”, substitute “section 42
(disallowance) of the Legislation Act 2003 does not apply”.
71 At the end of subsection 5(9)
Add:
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Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the declaration or amendment: see regulations made for the
purposes of paragraph 54(2)(b) of that Act.
72 Subsection 5(10)
Repeal the subsection, substitute:
(10) Despite subsection 12(1) of the Legislation Act 2003, the
declaration or amendment commences from the time it is made.
(11) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to the
declaration or amendment.
73 Paragraph 11AF(7BA)(b)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
74 Subsection 16AD(6)
Repeal the subsection, substitute:
Declaration or amendment not disallowable
(6) A declaration made under subsection (1), or an amendment of the
declaration, is a legislative instrument, but section 42
(disallowance) of the Legislation Act 2003 does not apply to the
declaration or amendment.
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the declaration or amendment: see regulations made for the
purposes of paragraph 54(2)(b) of that Act.
75 Paragraph 16AD(7)(a)
Repeal the paragraph, substitute:
(a) commences from the time it is made, despite
subsection 12(1) of the Legislation Act 2003; and
76 After subsection 16AD(7)
Insert:
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(7A) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to the
declaration or amendment.
77 Subsection 16AD(8)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
78 Subsections 69(1B) to (1E) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
79 Subsections 70C(7) and (8)
Repeal the subsections, substitute:
Authorisation or amendment not disallowable
(7) An authorisation or amendment made under this section is a
legislative instrument, but section 42 (disallowance) of the
Legislation Act 2003 does not apply to the authorisation or
amendment.
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the authorisation or amendment: see regulations made for the
purposes of paragraph 54(2)(b) of that Act.
When authorisation or amendment commences
(8) Despite subsection 12(1) of the Legislation Act 2003, the
authorisation or amendment commences from the time it is made.
(9) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to the
authorisation or amendment.
Bankruptcy Act 1966
80 Subsection 116(2E)
Repeal the subsection, substitute:
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(2E) Nothing in this Act or the Legislation Act 2003 prevents
regulations made for the purposes of paragraph (2)(k), (l), (m) or
(ma) from applying to amounts paid before the regulations
commence.
81 Section 186Q (note)
Omit “Part 3 of the Legislative Instruments Act 2003”, substitute
“section 17 of the Legislation Act 2003”.
Broadcasting Services Act 1992
82 Subsection 103L(7)
Omit “for the purposes of the Legislative Instruments Act 2003”.
83 Subsection 103L(7) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
84 Subsections 121G(14) and 122(7) (note)
Repeal the note, substitute:
Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 do not apply to the direction (see regulations
made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that
Act).
85 Subsections 130B(7), 130BA(7), 130BB(7), 146C(1) and (2), 146CA(1) and (2) and 212B(6) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
86 Subsection 215(4) (note)
Omit “Part 3 of the Legislative Instruments Act 2003”, substitute
“section 17 of the Legislation Act 2003”.
87 Subclauses 8(2), 40(5), 60(5) and 91(2), (4) and (5) of Schedule 5 (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
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88 Subclauses 3(7), 4(7), 13(8), 15(8), 21(8) and 27(1) of Schedule 6 (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
89 Clause 2 of Schedule 7 (note 3 at the end of the definition of content service)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
90 Clause 2 of Schedule 7 (note at the end of the definitions of exempt internet directory service and exempt internet search engine service)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
91 Clause 2 of Schedule 7 (note 3 at the end of the definition of exempt point-to-point content service)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
92 Clause 4 of Schedule 7 (note 3)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
93 Subclause 14(1) of Schedule 7 (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Carbon Credits (Carbon Farming Initiative) Act 2011
94 Section 5 (note at the end of the definition of land rights land)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
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95 Subsection 7A(2)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
96 Subsection 23(1) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
97 Subsection 23(5)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
98 Subsection 27(5) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
99 Subsections 53A(2), 56(3), 69(8) and 106(7) and (9)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
100 Section 123B (note)
Repeal the note, substitute:
Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 do not apply to the direction (see regulations
made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that
Act).
101 Subsections 133(4) and (5) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
102 Subsection 304(2)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
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Carriage of Goods by Sea Act 1991
103 Section 9A
Omit “, but Part 6 of the Legislative Instruments Act 2003 does not
apply to the determination”.
104 Section 9A (note)
After “Note”, insert “1”.
105 At the end of section 9A
Add:
Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the determination: see regulations made for the purposes of
paragraph 54(2)(b) of that Act.
Charter of the United Nations Act 1945
106 Subsection 6(3)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Chemical Weapons (Prohibition) Act 1994
107 Subsections 8B(3) and 10(9) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Civil Aviation Act 1988
108 Section 3 (definition of civil aviation legislation)
Omit “(within the meaning of the Legislative Instruments Act 2003)”
(wherever occurring).
109 Subsection 98(4B)
Omit “, but Part 6 of the Legislative Instruments Act 2003 does not
apply to the order”.
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110 At the end of subsection 98(4B)
Add:
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the order (see regulations made for the purposes of
paragraph 54(2)(b) of that Act).
111 Subsection 98(5AAA)
Omit “, but Part 6 of the Legislative Instruments Act 2003 does not
apply to the Order”.
112 At the end of subsection 98(5AAA)
Add:
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the Order (see regulations made for the purposes of
paragraph 54(2)(b) of that Act).
113 Paragraph 98(5AA)(c)
Omit “product;”, substitute “product.”.
114 Subsection 98(5AA)
Omit “but Part 6 of the Legislative Instruments Act 2003 does not apply
to the instrument.”.
115 At the end of subsection 98(5AA)
Add:
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the instrument (see regulations made for the purposes of
paragraph 54(2)(b) of that Act).
116 Paragraph 98(5B)(c)
Omit “standard;”, substitute “standard.”.
117 Subsection 98(5B)
Omit “but Part 6 of the Legislative Instruments Act 2003 does not apply
to the instrument.”.
118 At the end of subsection 98(5B)
Add:
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Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the instrument (see regulations made for the purposes of
paragraph 54(2)(b) of that Act).
119 Subsection 98(5D)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Clean Energy Legislation (Carbon Tax Repeal) Act 2014
120 Subitem 359(2) of Schedule 1
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
121 At the end of item 359 of Schedule 1
Add:
(3) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to the
rules.
Clean Energy Regulator Act 2011
122 Subsection 41(1) (note 2)
Repeal the note, substitute:
Note 2: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 do not apply to the direction (see regulations
made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that
Act).
Coal Mining Industry (Long Service Leave) Administration
Act 1992
123 Subsection 4(1) (note at the end of the definition of eligible employee)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
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Commonwealth Bank Sale Act 1995
124 Subsection 19(3)
Repeal the subsection, substitute:
(3) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to
regulations that are made under this section and that commence at
or after the transfer time.
Commonwealth Electoral Act 1918
125 Subsection 375(1)
Omit “(1) The”, substitute “The”.
126 Subsection 375(1) (note)
Omit “Legislative Instruments Act 2003” (wherever occurring),
substitute “Legislation Act 2003”.
Commonwealth Places (Mirror Taxes) Act 1998
127 Subsection 25(2)
Omit “of the Legislative Instruments Act 2003”, substitute
“(retrospective application of legislative instruments) of the Legislation
Act 2003”.
Competition and Consumer Act 2010
128 Subsection 44PA(7) (heading)
Repeal the heading, substitute:
Legislation Act 2003
129 Subsection 44PA(7)
Omit “for the purposes of the Legislative Instruments Act 2003”.
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130 Subsection 44PB(4) (heading)
Repeal the heading, substitute:
Legislation Act 2003
131 Subsections 44PB(4) and 44V(6)
Omit “for the purposes of the Legislative Instruments Act 2003”.
132 Subsection 44ZNA(9) (heading)
Repeal the heading, substitute:
Legislation Act 2003
133 Subsection 44ZNA(9)
Omit “for the purposes of the Legislative Instruments Act 2003”.
134 Subsection 44ZNB(8) (heading)
Repeal the heading, substitute:
Legislation Act 2003
135 Subsection 44ZNB(8)
Omit “for the purposes of the Legislative Instruments Act 2003”.
136 Subsection 44ZZCB(8) (heading)
Repeal the heading, substitute:
Legislation Act 2003
137 Subsection 44ZZCB(8)
Omit “for the purposes of the Legislative Instruments Act 2003”.
138 Subsection 87Y(2)
Repeal the subsection, substitute:
(2) A regulation made for the purposes of paragraph (1)(a) does not
commence before the end of the period of 6 months starting:
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(a) if the regulation is laid before each House of the Parliament
under section 38 of the Legislation Act 2003 on the same
day—on that day; or
(b) if it is laid before each House of the Parliament under that
section on different days—on the later of those days.
139 Subsection 10.72A(1) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
140 Section 131E (heading)
Repeal the heading, substitute:
131E Application of the Legislation Act 2003
141 Subsections 151BUAA(1B) and 151BUD(1) and (3) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
142 Subsections 152AL(9), (10) and (11)
Omit “for the purposes of the Legislative Instruments Act 2003”.
143 Paragraphs 152AL(12)(c) and (d)
Omit “for the purposes of the Legislative Instruments Act 2003”.
144 Subsection 152AL(13)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
145 Subsections 152ALA(10) and (11)
Omit “for the purposes of the Legislative Instruments Act 2003”.
146 Subsection 152ALA(12)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
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147 Subsections 152AR(4B) and (4C) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
148 Subsections 152ELA(8) and 152ELC(3)
Omit “for the purposes of the Legislative Instruments Act 2003”.
Copyright Act 1968
149 Subsection 249(2) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Criminal Code Act 1995
150 Subparagraph 9.4(2)(c)(i) of the Criminal Code
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
151 Subsection 80.1AA(2) of the Criminal Code
Repeal the subsection, substitute:
(2) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to a
Proclamation made for the purpose of paragraph (1)(b).
(2A) Despite subsection 12(3) of the Legislation Act 2003, a
Proclamation made for the purpose of paragraph (1)(b) of this
section must not commence before the day on which the
Proclamation is made.
152 Subsection 102.1(6) of the Criminal Code
Repeal the subsection.
153 Subsection 102.1A(3) of the Criminal Code
Omit “Part 5 of the Legislative Instruments Act 2003”, substitute “Part 2
of Chapter 3 of the Legislation Act 2003”.
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154 Subsection 102.1A(4) of the Criminal Code
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
155 Subsection 119.3(4) (note) of the Criminal Code
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
156 Subsection 119.3(7) of the Criminal Code
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
157 Paragraph 301.16(1)(a) of the Criminal Code
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
158 Subsections 301.16(3) and 301.17(1) of the Criminal Code
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Cross-Border Insolvency Act 2008
159 Section 9 (note 2)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Customs Act 1901
160 Subsections 71AAAE(1) and (2) (note 2)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
161 Subsections 153ZLB(6), 153ZMB(6), 153ZNB(6), 269SC(8) and 269SD(6)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
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Customs Tariff Act 1995
162 Subsection 16A(5)
Omit “Despite subsection 12(2) of the Legislative Instruments Act 2003,
if”, substitute “If”.
Dairy Produce Act 1986
163 At the end of subclause 94(1) of Schedule 2
Add:
Note: After the declaration was registered, the Legislative Instruments Act
2003 was renamed as the Legislation Act 2003.
Data-matching Program (Assistance and Tax) Act 1990
164 Subsection 3A(3)
Omit “Federal Register of Legislative Instruments under the Legislative
Instruments Act 2003”, substitute “Federal Register of Legislation under
the Legislation Act 2003”.
165 Subsection 12(6)
Omit “Legislative Instruments Act 2003, rules issued under this section
take effect”, substitute “Legislation Act 2003, rules issued under this
section commence”.
Defence Housing Australia Act 1987
166 Subsection 6(5)
Omit “and Part 6 of the Legislative Instruments Act 2003 do”, substitute
“(disallowance) of the Legislation Act 2003 does”.
167 At the end of subsection 6(5)
Add:
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the determination: see regulations made for the purposes of
paragraph 54(2)(b) of that Act.
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Defence (Special Undertakings) Act 1952
168 Subsection 15(1)
Omit “for the purposes of the Legislative Instruments Act 2003”.
Defence Trade Controls Act 2012
169 Subsection 36(5)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Dental Benefits Act 2008
170 Subsections 18(2) and 21(2) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
171 Subsection 60(4)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Designs Act 2003
172 Subsection 5A(2)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
DisabilityCare Australia Fund Act 2013
173 Subsection 29(11) (notes 1 and 2)
Repeal the notes, substitute:
Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply
to the direction—see regulations made for the purposes of
paragraph 44(2)(b) of that Act.
Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the direction—see regulations made for the purposes of
paragraph 54(2)(b) of that Act.
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174 Subsection 31(2) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Education Services for Overseas Students Act 2000
175 Subsection 175(1) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
176 Subsections 176B(2) and 176C(2)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Education Services for Overseas Students (TPS Levies) Act
2012
177 Subsection 11(4)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Enhancing Online Safety for Children Act 2015
178 Subsections 67(4) and 70(1) (note 2)
Repeal the note, substitute:
Note 2: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 do not apply to the direction (see regulations
made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that
Act).
179 Subsection 73(2)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
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Environment Protection and Biodiversity Conservation Act
1999
180 Subsections 25A(1) and 28AA(1) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
181 Subsection 184(1)
Omit “(1)”.
182 At the end of subsection 184(1)
Add:
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the instrument. See regulations made for the purposes of
paragraph 54(2)(b) of that Act.
183 Subsection 184(2)
Repeal the subsection.
184 Subsection 194C(3)
Omit “neither section 42 nor Part 6 of the Legislative Instruments Act
2003 applies”, substitute “section 42 (disallowance) of the Legislation
Act 2003 does not apply”.
185 At the end of subsection 194C(3)
Add:
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the determination. See regulations made for the purposes of
paragraph 54(2)(b) of that Act.
186 Subsection 194D(4)
Omit “of the Legislative Instruments Act 2003”, substitute
“(disallowance) of the Legislation Act 2003”.
187 Subsection 209(7)
Omit “neither section 42 nor Part 6 of the Legislative Instruments Act
2003 applies”, substitute “section 42 (disallowance) of the Legislation
Act 2003 does not apply”.
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188 At the end of subsection 209(7)
Add:
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the list or any amendments. See regulations made for the
purposes of paragraph 54(2)(b) of that Act.
189 Subsection 324G(3)
Omit “neither section 42 nor Part 6 of the Legislative Instruments Act
2003 applies”, substitute “section 42 (disallowance) of the Legislation
Act 2003 does not apply”.
190 At the end of subsection 324G(3)
Add:
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the determination. See regulations made for the purposes of
paragraph 54(2)(b) of that Act.
191 Subsection 324H(3)
Omit “of the Legislative Instruments Act 2003”, substitute
“(disallowance) of the Legislation Act 2003”.
192 Subsection 341G(3)
Omit “neither section 42 nor Part 6 of the Legislative Instruments Act
2003 applies”, substitute “section 42 (disallowance) of the Legislation
Act 2003 does not apply”.
193 At the end of subsection 341G(3)
Add:
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the determination. See regulations made for the purposes of
paragraph 54(2)(b) of that Act.
194 Paragraphs 390SD(4)(a) and 390SF(3)(a)
Omit “Federal Register of Legislative Instruments”, substitute “Federal
Register of Legislation”.
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195 Subsection 390SG(2)
Omit “Federal Register of Legislative Instruments”, substitute “Federal
Register of Legislation”.
196 Section 528
Insert:
Federal Register of Legislation means the Federal Register of
Legislation established under the Legislation Act 2003.
197 Section 528 (definition of Federal Register of Legislative Instruments)
Repeal the definition.
198 Subclause 4(2) of Schedule 1
Omit “, but neither section 42 nor Part 6 of the Legislative Instruments
Act 2003 applies to the direction”.
199 At the end of subclause 4(2) of Schedule 1
Add:
Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply
to the direction. See regulations made for the purposes of
paragraph 44(2)(b) of that Act.
Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the direction. See regulations made for the purposes of
paragraph 54(2)(b) of that Act.
Excise Act 1901
200 Subsection 65(3)
Omit “take effect”, substitute “commence”.
201 Subsection 65(3) (note)
Repeal the note, substitute:
Note: Section 12 of the Legislation Act 2003 deals with when a legislative
instrument commences.
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202 Section 164A
Repeal the section, substitute:
164A Effect of regulations relating to condensate
(1) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to
regulations made for the purposes of this Act in relation to
condensate.
(2) Subsection 12(3) (retrospective commencement of legislative
instruments) of the Legislation Act 2003 does not apply to
regulations that create, modify or otherwise affect a provision that
makes a person liable to an offence or civil penalty.
Excise Tariff Act 1921
203 Subsection 6CA(1A) (note)
Repeal the note, substitute:
Note: A by-law may be expressed to commence before the day it is
registered under the Legislation Act 2003 (see subsection 12(3) of that
Act).
204 Subsection 6CA(1D)
Repeal the subsection, substitute:
(1D) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to
regulations specifying a reservoir, or a group of reservoirs, for the
purposes of paragraph (1B)(b) of this section.
205 Subsection 6CA(13)
Repeal the subsection, substitute:
(13) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to a by-law
prescribing a condensate production area.
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Export Inspection and Meat Charges Collection Act 1985
206 Section 17 (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Export Inspection (Quantity Charge) Act 1985
207 Subsection 7(1) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Export Market Development Grants Act 1997
208 Subsection 107(1) (note at the end of the definition of non-tourism service)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Fair Work Act 2009
209 Subsection 14(5)
Omit “neither section 42 (disallowance) nor Part 6 (sunsetting) of the
Legislative Instruments Act 2003 applies”, substitute “section 42
(disallowance) of the Legislation Act 2003 does not apply”.
210 At the end of subsection 14(5)
Add:
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the endorsement, revocation or amendment (see regulations
made for the purposes of paragraph 54(2)(b) of that Act).
211 Subsection 31(1) (note 2)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
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212 Subsection 684(1) (note)
Repeal the note, substitute:
Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 do not apply to the direction (see regulations
made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that
Act).
213 Subsection 789DE(6)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
214 Subclause 7(5) of Schedule 1
Repeal the subclause, substitute:
Retrospective application of regulations
(5) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to
regulations made for the purposes of subclause (1) or (3) of this
clause.
215 Subclause 32(4) of Schedule 3
Repeal the subclause, substitute:
(4) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to:
(a) regulations relating to the amendments and repeals made by
Schedule 9 to the amending Act; and
(b) regulations made for the purposes of subclause (2).
Fair Work (Building Industry) Act 2012
216 Subsection 11(4)
Omit “section 44 of the Legislative Instruments Act 2003, section 42”,
substitute “regulations made for the purposes of paragraph 44(2)(b) of
the Legislation Act 2003, section 42 (disallowance)”.
217 Subsections 27(5), 29(4) and 31(4)
Omit “for the purposes of the Legislative Instruments Act 2003”.
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218 Subsection 31(5)
Omit “section 44 of the Legislative Instruments Act 2003, section 42”,
substitute “regulations made for the purposes of paragraph 44(2)(b) of
the Legislation Act 2003, section 42 (disallowance)”.
219 Subsections 60(5) and (6)
Omit “for the purposes of the Legislative Instruments Act 2003”.
220 Subsection 78(3)
Repeal the subsection.
Fair Work (Registered Organisations) Act 2009
221 Subsection 158A(3)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Fair Work (Transitional Provisions and Consequential
Amendments) Act 2009
222 Subitem 10(2) of Schedule 2
Repeal the subitem, substitute:
(2) Subsection 12(2) (retrospective application of legislative instruments)
of the Legislation Act 2003 does not apply to the regulations.
223 Paragraph 10(3)(a) of Schedule 2
Repeal the paragraph, substitute:
(a) regulations are expressed to commence from a date (the
registration date) before the regulations are registered under
the Legislation Act 2003; and
Family Law Act 1975
224 Subsection 33C(7)
Omit “take effect”, substitute “commence”.
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Federal Circuit Court of Australia Act 1999
225 Subsection 10AA(2) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
226 Subsection 41(9)
Omit “take effect”, substitute “commence”.
Federal Financial Relations Act 2009
227 Subsections 8(3), 9(5), 12(3), 13(3), 14(3), 15A(2) and 16(5)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
First Home Saver Accounts Act 2008
228 Subsections 17A(3) and (4) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Fisheries Levy Act 1984
229 Subsection 8(2)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Fisheries Management Act 1991
230 Subsection 168(3)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
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Future Fund Act 2006
231 Section 6 (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
232 Subsection 18(9)
Repeal the subsection, substitute:
(9) A direction under subsection (1) is a legislative instrument.
Note: Section 42 (disallowance) of the Legislation Act 2003 does not apply
to the direction—see regulations made for the purposes of
paragraph 44(2)(b) of that Act.
233 Subsection 19(2) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
234 Subsections 20(6), 24(9), 54(5) and (6), 72(3) and (7) and 83(3)
Omit “for the purposes of the Legislative Instruments Act 2003”.
235 Subclauses 2(4) and 3(5) of Schedule 1
Omit “for the purposes of the Legislative Instruments Act 2003, but
section 42 of that Act”, substitute “, but section 42 (disallowance) of the
Legislation Act 2003”.
236 Subclauses 6(7), 8(11) and 9(3) of Schedule 1
Omit “for the purposes of the Legislative Instruments Act 2003”.
237 Subclauses 2(2) and 3(9) of Schedule 3
Omit “for the purposes of the Legislative Instruments Act 2003”.
Governor-General Act 1974
238 Subsection 4AA(11)
Omit “for the purposes of the Legislative Instruments Act 2003”.
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239 Subsection 4AA(12)
Omit “section 44 of the Legislative Instruments Act 2003, section 42”,
substitute “regulations made for the purposes of paragraph 44(2)(b) of
the Legislation Act 2003, section 42 (disallowance)”.
240 Subsection 4AH(2)
Omit “subsection 44(2) of the Legislative Instruments Act 2003”,
substitute “regulations made for the purposes of paragraph 44(2)(b) of
the Legislation Act 2003”.
Great Barrier Reef Marine Park Act 1975
241 Subsections 34(9) and 35C(7)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
242 Section 35D
Omit “neither section 42 (disallowance) nor Part 6 (sunsetting) of the
Legislative Instruments Act 2003 applies”, substitute “section 42
(disallowance) of the Legislation Act 2003 does not apply”.
243 At the end of section 35D
Add:
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the plan (see regulations made for the purposes of
paragraph 54(2)(b) of that Act).
244 Subsection 35E(1) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
245 Paragraph 35F(1)(a)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
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246 Subsection 37(2A)
Omit “neither section 42 (disallowance) nor Part 6 (sunsetting) of the
Legislative Instruments Act 2003 applies”, substitute “section 42
(disallowance) of the Legislation Act 2003 does not apply”.
247 At the end of subsection 37(2A)
Add:
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the amendment (see regulations made for the purposes of
paragraph 54(2)(b) of that Act).
248 Subsection 37(4A)
Omit “neither section 42 (disallowance) nor Part 6 (sunsetting) of the
Legislative Instruments Act 2003 applies”, substitute “section 42
(disallowance) of the Legislation Act 2003 does not apply”.
249 At the end of subsection 37(4A)
Add:
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the revocation (see regulations made for the purposes of
paragraph 54(2)(b) of that Act).
250 Subsection 37A(3)
Omit “neither section 42 (disallowance) nor Part 6 (sunsetting) of the
Legislative Instruments Act 2003 applies”, substitute “section 42
(disallowance) of the Legislation Act 2003 does not apply”.
251 At the end of subsection 37A(3)
Add:
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the amendment (see regulations made for the purposes of
paragraph 54(2)(b) of that Act).
252 Subsection 66(13)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
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Healthcare Identifiers Act 2010
253 Subsection 32(1) (notes 1 and 2)
Repeal the notes, substitute:
Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply
to the direction—see regulations made for the purposes of
paragraph 44(2)(b) of that Act.
Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the direction—see regulations made for the purposes of
paragraph 54(2)(b) of that Act.
254 Subsection 37(7)
Omit “Neither section 42 (disallowance) nor Part 6 (sunsetting) of the
Legislative Instruments Act 2003 applies”, substitute “Section 42
(disallowance) of the Legislation Act 2003 does not apply”.
255 At the end of subsection 37(7)
Add:
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to such a declaration or revocation (see subsection 54(1) of that
Act).
Health Insurance Act 1973
256 Subsection 10B(1) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Hearing Services Administration Act 1997
257 Subsection 5(3) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Higher Education Funding Act 1988
258 Section 110
Omit “for the purposes of the Legislative Instruments Act 2003”.
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Higher Education Support Act 2003
259 Subsection 16-5(3)
Omit “Part 5 (Parliamentary scrutiny of legislative instruments) of the
Legislative Instruments Act 2003”, substitute “Part 2 of Chapter 3
(parliamentary scrutiny of legislative instruments) of the Legislation Act
2003”.
260 Subsection 16-55(2)
Repeal the subsection, substitute:
(2) A decision of the Minister to approve a body corporate as a higher
education provider takes effect when the notice of approval
commences under the Legislation Act 2003.
Note: Section 12 of the Legislation Act 2003 provides for when a legislative
instrument commences.
261 Subsection 16-70(4)
Repeal the subsection, substitute:
(4) The variation takes effect when the notice of variation commences
under the Legislation Act 2003.
Note: Section 12 of the Legislation Act 2003 provides for when a legislative
instrument commences.
262 Paragraph 22-1(1)(c)
Omit “Part 5 (Parliamentary scrutiny of legislative instruments) of the
Legislative Instruments Act 2003”, substitute “Part 2 of Chapter 3
(parliamentary scrutiny of legislative instruments) of the Legislation Act
2003”.
263 Subsection 22-2(2)
Omit “*Federal Register of Legislative Instruments”, substitute
“*Federal Register of Legislation”.
264 Subsection 22-2(3)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
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265 Subsections 22-2(4) and 22-3(2)
Omit “*Federal Register of Legislative Instruments”, substitute
“*Federal Register of Legislation”.
266 Subsection 22-3(3)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
267 Subsection 22-3(4)
Omit “*Federal Register of Legislative Instruments”, substitute
“*Federal Register of Legislation”.
268 Paragraph 22-20(3)(c)
Omit “*Federal Register of Legislative Instruments”, substitute
“*Federal Register of Legislation”.
269 Subsection 22-20(5)
Omit “*Federal Register of Legislative Instruments”, substitute
“*Federal Register of Legislation”.
270 Subsection 22-20(6)
Omit “Part 5 (Parliamentary scrutiny of legislative instruments) of the
Legislative Instruments Act 2003”, substitute “Part 2 of Chapter 3
(parliamentary scrutiny of legislative instruments) of the Legislation Act
2003”.
271 Subdivision 22-E (heading)
Repeal the heading, substitute:
Subdivision 22-E—Notice of approval or revocation ceasing to
have effect under the Legislation Act 2003
272 Section 22-45 (heading)
Repeal the heading, substitute:
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22-45 Notice of approval ceasing to have effect under the Legislation
Act 2003
273 Paragraph 22-45(1)(b)
Omit “Part 5 (Parliamentary scrutiny of legislative instruments) of the
Legislative Instruments Act 2003”, substitute “Part 2 of Chapter 3
(parliamentary scrutiny of legislative instruments) of the Legislation Act
2003”.
274 Section 22-50 (heading)
Repeal the heading, substitute:
22-50 Notice of revocation ceasing to have effect under the
Legislation Act 2003
275 Paragraph 22-50(1)(b)
Omit “Part 5 (Parliamentary scrutiny of legislative instruments) of the
Legislative Instruments Act 2003”, substitute “Part 2 of Chapter 3
(parliamentary scrutiny of legislative instruments) of the Legislation Act
2003”.
276 Subsection 137-18(2) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
277 Subsections 187-1(7), 193-5(5) and 193-10(5)
Omit “for the purposes of the Legislative Instruments Act 2003”.
278 Subclause 5(2) of Schedule 1A
Omit “Part 5 (Parliamentary scrutiny of legislative instruments) of the
Legislative Instruments Act 2003”, substitute “Part 2 of Chapter 3
(parliamentary scrutiny of legislative instruments) of the Legislation Act
2003”.
279 Subclause 12(2) of Schedule 1A
Repeal the subclause, substitute:
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(2) A decision of the Minister to approve a body as a *VET provider
takes effect when the notice of approval commences under the
Legislation Act 2003.
Note: Section 12 of the Legislation Act 2003 provides for when a legislative
instrument commences.
280 Subclause 12C(4) of Schedule 1A
Repeal the subclause, substitute:
(2) The variation takes effect when the notice of variation commences
under the Legislation Act 2003.
Note: Section 12 of the Legislation Act 2003 provides for when a legislative
instrument commences.
281 Subsection 17(4) of Schedule 1A
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
282 Paragraph 29(c) of Schedule 1A
Omit “Part 5 (Parliamentary scrutiny of legislative instruments) of the
Legislative Instruments Act 2003”, substitute “Part 2 of Chapter 3
(parliamentary scrutiny of legislative instruments) of the Legislation Act
2003”.
283 Subclause 29B(2) of Schedule 1A
Omit “*Federal Register of Legislative Instruments”, substitute
“*Federal Register of Legislation”.
284 Subclause 29B(3) of Schedule 1A
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
285 Subclauses 29B(4) and 29C(2) of Schedule 1A
Omit “*Federal Register of Legislative Instruments”, substitute
“*Federal Register of Legislation”.
286 Subclause 29C(3) of Schedule 1A
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
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287 Subclause 29C(4) of Schedule 1A
Omit “*Federal Register of Legislative Instruments”, substitute
“*Federal Register of Legislation”.
288 Paragraph 34(3)(c) of Schedule 1A
Omit “*Federal Register of Legislative Instruments”, substitute
“*Federal Register of Legislation”.
289 Subclause 34(5) of Schedule 1A
Omit “*Federal Register of Legislative Instruments”, substitute
“*Federal Register of Legislation”.
290 Subclause 34(6) of Schedule 1A
Omit “Part 5 (Parliamentary scrutiny of legislative instruments) of the
Legislative Instruments Act 2003”, substitute “Part 2 of Chapter 3
(parliamentary scrutiny of legislative instruments) of the Legislation Act
2003”.
291 Subdivision 5-E of Schedule 1A (heading)
Repeal the heading, substitute:
Subdivision 5-E—Notice of approval or revocation ceasing to
have effect under the Legislation Act 2003
292 Clause 39A of Schedule 1A (heading)
Repeal the heading, substitute:
39A Notice of approval ceasing to have effect under the Legislation
Act 2003
293 Paragraph 39A(1)(b) of Schedule 1A
Omit “Part 5 (Parliamentary scrutiny of legislative instruments) of the
Legislative Instruments Act 2003”, substitute “Part 2 of Chapter 3
(parliamentary scrutiny of legislative instruments) of the Legislation Act
2003”.
294 Clause 39B of Schedule 1A (heading)
Repeal the heading, substitute:
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39B Notice of revocation ceasing to have effect under the Legislation
Act 2003
295 Paragraph 39B(1)(b) of Schedule 1A
Omit “Part 5 (Parliamentary scrutiny of legislative instruments) of the
Legislative Instruments Act 2003”, substitute “Part 2 of Chapter 3
(parliamentary scrutiny of legislative instruments) of the Legislation Act
2003”.
296 Subclause 1(1) of Schedule 1
Insert:
Federal Register of Legislation means the Federal Register of
Legislation established under the Legislation Act 2003.
297 Subclause 1(1) of Schedule 1 (definition of Federal Register of Legislative Instruments)
Repeal the definition.
Income Tax Assessment Act 1936
298 Subsection 24AV(2)
Repeal the subsection, substitute:
Retrospective application of regulations prescribing excluded STBs
(2) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to a
regulation prescribing an STB as an excluded STB.
Income Tax Assessment Act 1997
299 Subsection 293-115(6)
Repeal the subsection, substitute:
(6) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to a
regulation made for the purposes of subsection (1).
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(7) Despite subsection 12(3) (retrospective commencement of
legislative instruments) of the Legislation Act 2003, a regulation
made for the purposes of subsection (1) must not commence before
1 July 2012.
300 Subsection 293-145(2)
Repeal the subsection, substitute:
(2) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to a
regulation made for the purposes of paragraph (1)(b).
(2A) Despite subsection 12(3) (retrospective commencement of
legislative instruments) of the Legislation Act 2003, a regulation
made for the purposes of paragraph (1)(b) must not commence
before 1 July 2012.
301 Subsections 415-100(2) and 974-10(7)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Independent Contractors Act 2006
302 Subsections 42(3) and (4)
Repeal the subsections, substitute:
(3) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to a
regulation made for the purposes of subsection (1).
(4) Subsection 12(3) (retrospective commencement of legislative
instruments) of the Legislation Act 2003 does not apply to a
regulation made for the purposes of subsection (1) that creates,
modifies or otherwise affects a provision that makes a person liable
to an offence or civil penalty.
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Industrial Chemicals (Notification and Assessment) Act 1989
303 Subsection 81(2)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Industry Research and Development Act 1986
304 Subsections 28B(1) and 32(3) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Insurance Act 1973
305 Subsection 32(6)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
306 Subsection 62ZZC(6)
Repeal the subsection, substitute:
Declaration or amendment not disallowable
(6) A declaration made under subsection (1), or an amendment of the
declaration, is a legislative instrument, but section 42
(disallowance) of the Legislation Act 2003 does not apply to the
declaration or amendment.
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the declaration or amendment: see regulations made for the
purposes of paragraph 54(2)(b) of that Act.
307 Paragraph 62ZZC(7)(a)
Repeal the paragraph, substitute:
(a) commences from the time it is made, despite
subsection 12(1) of the Legislation Act 2003; and
308 After subsection 62ZZC(7)
Insert:
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(7A) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to the
declaration or amendment.
309 Subsection 62ZZC(8)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
310 Subsections 131A(7) and (8)
Repeal the subsections, substitute:
Authorisation or amendment not disallowable
(7) An authorisation or amendment made under this section is a
legislative instrument, but section 42 (disallowance) of the
Legislation Act 2003 does not apply to the authorisation or
amendment.
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the authorisation or amendment: see regulations made for the
purposes of paragraph 54(2)(b) of that Act.
When authorisation or amendment commences
(8) The authorisation or amendment commences from the time it is
made, despite subsection 12(1) of the Legislation Act 2003.
(9) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to the
authorisation or amendment.
Intelligence Services Act 2001
311 Section 3A
Omit “19A”, substitute “19”.
312 Section 3A (note)
Omit “section 19”, substitute “subsection 19(4)”.
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Interactive Gambling Act 2001
313 Subsections 24(5) and 37(5) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
International Monetary Agreements Act 1947
314 Subsection 8CAA(4)
Omit “comes into force”, substitute “commences”.
315 Paragraphs 8CAA(4)(a) and (b)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
International Organisations (Privileges and Immunities) Act
1963
316 Subsection 13(2)
Omit “take effect”, substitute “commence”.
317 Subsection 13(3)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
318 Subsection 13(4)
Repeal the subsection, substitute:
(4) A determination under subsection (2) is a legislative instrument.
International War Crimes Tribunals Act 1995
319 Subsection 42(3)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
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Judges’ Pensions Act 1968
320 Subsection 12A(14)
Omit “for the purposes of the Legislative Instruments Act 2003”.
321 Subsection 17AI(2)
Omit “subsection 44(2) of the Legislative Instruments Act 2003”,
substitute “regulations made for the purposes of paragraph 44(2)(b) of
the Legislation Act 2003”.
Lands Acquisition Act 1989
322 Subsection 21(3)
Repeal the subsection, substitute:
(3) Despite subsection 12(1) of the Legislation Act 2003, regulations
made for the purpose of paragraph (1)(b) of this section may
provide that the regulations commence on a day to be fixed by the
Minister by notice published in the Gazette.
323 Subsection 21(4)
Omit “shall”, substitute “must”.
324 Paragraph 21(4)(a)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
325 Subsection 117(2)
Repeal the subsection, substitute:
(2) Despite subsection 12(1) of the Legislation Act 2003, regulations
made for the purpose of paragraph (1)(b) of this section may
provide that the regulations commence on a day to be fixed by the
Minister by notice published in the Gazette.
326 Subsection 117(3)
Omit “shall”, substitute “must”.
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327 Paragraph 117(3)(a)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Life Insurance Act 1995
328 Subsection 16ZD(2) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
329 Paragraph 230A(12C)(b)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
330 Subsections 251A(7) and (8)
Repeal the subsections, substitute:
Authorisation or amendment not disallowable
(7) An authorisation or amendment made under this section is a
legislative instrument, but section 42 (disallowance) of the
Legislation Act 2003 does not apply to the authorisation or
amendment.
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the authorisation or amendment: see regulations made for the
purposes of paragraph 54(2)(b) of that Act.
When authorisation or amendment commences
(8) The authorisation or amendment commences from the time it is
made, despite subsection 12(1) of the Legislation Act 2003.
(9) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to the
authorisation or amendment.
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Liquid Fuel Emergency Act 1984
331 Subsection 9(2)
Repeal the subsection, substitute:
(2) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to a
determination under subsection (1).
332 Subsection 10(5)
Repeal the subsection, substitute:
(2) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to
guidelines made under subsection (4).
333 Subsection 11(6)
Repeal the subsection, substitute:
Retrospective application of instruments
(6) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to the
following instruments:
(a) an instrument under subsection (3);
(b) guidelines made under subsection (5).
334 Subsection 12(7)
Repeal the subsection, substitute:
(7) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to
guidelines made under subsection (6).
335 Subsection 13(2)
Omit “, but neither section 42 nor Part 6 of the Legislative Instruments
Act 2003 applies to the direction”.
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336 At the end of subsection 13(2)
Add:
Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply
to the direction: see regulations made for the purposes of
paragraph 44(2)(b) of that Act.
Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the direction: see regulations made for the purposes of
paragraph 54(2)(b) of that Act.
337 Subsection 13(4)
Repeal the subsection, substitute:
Retrospective application of instruments
(4) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to the
following instruments:
(a) a direction given under subsection (1);
(b) guidelines made under subsection (3).
338 Subsection 14(2)
Omit “, but neither section 42 nor Part 6 of the Legislative Instruments
Act 2003 applies to the direction”.
339 At the end of subsection 14(2)
Add:
Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply
to the direction: see regulations made for the purposes of
paragraph 44(2)(b) of that Act.
Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the direction: see regulations made for the purposes of
paragraph 54(2)(b) of that Act.
340 Subsection 14(5)
Repeal the subsection, substitute:
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Retrospective application of instruments
(5) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to the
following instruments:
(a) a direction given under subsection (1);
(b) guidelines made under subsection (4).
341 Subsection 14A(5)
Repeal the subsection, substitute:
(5) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to
guidelines made under subsection (4).
342 Subsection 17(6)
Repeal the subsection, substitute:
(6) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to
guidelines made under subsection (5).
343 Subsection 20(6)
Repeal the subsection, substitute:
(6) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to
guidelines made under subsection (5).
344 Subsection 21(5)
Omit “, but neither section 42 nor Part 6 of the Legislative Instruments
Act 2003 applies to the direction”.
345 At the end of subsection 21(5)
Add:
Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply
to the direction: see regulations made for the purposes of
paragraph 44(2)(b) of that Act.
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Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the direction: see regulations made for the purposes of
paragraph 54(2)(b) of that Act.
346 Subsection 21(8)
Repeal the subsection, substitute:
Retrospective application of instruments
(8) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to the
following instruments:
(a) a direction given under subsection (1);
(b) guidelines made under subsection (7).
347 Subsection 22(5)
Omit “, but neither section 42 nor Part 6 of the Legislative Instruments
Act 2003 applies to the direction”.
348 At the end of subsection 22(5)
Add:
Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply
to the direction: see regulations made for the purposes of
paragraph 44(2)(b) of that Act.
Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the direction: see regulations made for the purposes of
paragraph 54(2)(b) of that Act.
349 Subsection 22(8)
Repeal the subsection, substitute:
Retrospective application of instruments
(8) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to the
following instruments:
(a) a direction given under subsection (1);
(b) guidelines made under subsection (7).
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350 Subsection 23(5)
Omit “, but neither section 42 nor Part 6 of the Legislative Instruments
Act 2003 applies to the direction”.
351 At the end of subsection 23(5)
Add:
Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply
to the direction: see regulations made for the purposes of
paragraph 44(2)(b) of that Act.
Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the direction: see regulations made for the purposes of
paragraph 54(2)(b) of that Act.
352 Subsection 23(8)
Repeal the subsection, substitute:
Retrospective application of instruments
(8) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to the
following instruments:
(a) a direction given under subsection (1);
(b) guidelines made under subsection (7).
353 Subsection 24(5)
Omit “, but neither section 42 nor Part 6 of the Legislative Instruments
Act 2003 applies to the direction”.
354 At the end of subsection 24(5)
Add:
Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply
to the direction: see regulations made for the purposes of
paragraph 44(2)(b) of that Act.
Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the direction: see regulations made for the purposes of
paragraph 54(2)(b) of that Act.
355 Subsection 24(8)
Repeal the subsection, substitute:
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Retrospective application of instruments
(8) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to the
following instruments:
(a) a direction given under subsection (1);
(b) guidelines made under subsection (7).
Local Government (Financial Assistance) Act 1995
356 Subsection 6(6)
Omit “, but neither section 42 nor Part 6 of the Legislative Instruments
Act 2003 applies to the national principles”.
357 At the end of subsection 6(6)
Add:
Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply
to the principles: see subsection 44(1) of that Act.
Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the principles: see subsection 54(1) of that Act.
Low Aromatic Fuel Act 2013
358 Subsection 9(1) (note 2)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Marine Safety (Domestic Commercial Vessel) National Law
Act 2012
359 Section 164
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
360 Subsection 165(5)
Repeal the subsection, substitute:
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(5) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 of the Commonwealth
does not apply to regulations made under this section.
361 Paragraph 165(6)(a)
Repeal the paragraph, substitute:
(a) regulations are expressed to commence from a day before the
day the regulations are registered under the Legislation Act
2003 of the Commonwealth; and
Medibank Private Sale Act 2006
362 At the end of subsections 3(3) and (4)
Add:
Note: After the declaration was made, the Legislative Instruments Act 2003
was renamed as the Legislation Act 2003.
363 At the end of subitems 5(5) and 6(7) of Schedule 2
Add:
Note: After the designated sale day, the Legislative Instruments Act 2003
was renamed as the Legislation Act 2003.
Medical Indemnity Act 2002
364 Subsection 4(1)
Insert:
Federal Register of Legislation means the Federal Register of
Legislation established under the Legislation Act 2003.
365 Subsection 4(1) (definition of Federal Register of Legislative Instruments)
Repeal the definition.
366 Subsection 29(2)
Omit “Federal Register of Legislative Instruments must not take effect”,
substitute “Federal Register of Legislation must not commence”.
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367 Subsection 30(1A)
Omit “take effect”, substitute “commence”.
368 Subsection 30(3)
Omit “Federal Register of Legislative Instruments”, substitute “Federal
Register of Legislation”.
369 Subsection 34(2)
Omit “Federal Register of Legislative Instruments must not take effect”,
substitute “Federal Register of Legislation must not commence”.
370 Subsections 34F(2) to (4)
Repeal the subsections, substitute:
Threshold specified in regulations only applies to contracts entered
into after the regulations commence
(2) A regulation specifying an amount as the threshold (or changing
the amount previously so specified) only applies in relation to
contracts of insurance entered into after the regulation commences.
When regulations reducing the threshold commence
(3) A regulation reducing the threshold (which could be the threshold
originally applicable under subsection (1), or that threshold as
already changed by regulations) commences on the date specified
in the regulations, which must be the date on which the regulations
are entered on the Federal Register of Legislation or a later day.
When regulations increasing the threshold commence
(4) A regulation increasing the threshold (which could be the threshold
originally applicable under subsection (1), or that threshold as
already changed by regulations), commences on the date specified
in the regulations, which must be at least 3 months after the date on
which the regulations are entered on the Federal Register of
Legislation.
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371 Subsections 34G(2) and 34ZB(4)
Omit “Federal Register of Legislative Instruments”, substitute “Federal
Register of Legislation”.
Midwife Professional Indemnity (Commonwealth
Contribution) Scheme Act 2010
372 Subsection 5(1)
Insert:
Federal Register of Legislation means the Federal Register of
Legislation established under the Legislation Act 2003.
373 Subsection 5(1) (definition of Federal Register of Legislative Instruments)
Repeal the definition.
374 Subsections 10(3) and (4)
Omit “takes effect”, substitute “commences”.
375 Subsection 10(5)
Omit “takes effect on the date specified in the Rules, which must be the
date on which the Rules are entered on the Federal Register of
Legislative Instruments”, substitute “commences on the date specified
in the Rules, which must be the date on which the Rules are entered on
the Federal Register of Legislation”.
376 Subsection 11(3B)
Repeal the subsection, substitute:
(3B) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to Rules
made for the purposes of subsection (3A).
377 Subsection 16(2)
Omit “take effect”, substitute “commence”.
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378 Subsection 31(7)
Repeal the subsection, substitute:
(7) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to Rules
made for the purposes of subsection (6).
379 Subsection 90(4)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Migration Act 1958
380 Subsections 9A(7) and 39(1)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
381 Subsection 39A(4)
Omit “subsection 44(2) of the Legislative Instruments Act 2003”,
substitute “regulations made for the purposes of paragraph 44(2)(b) of
the Legislation Act 2003”.
382 Subsection 45AA(8)
Repeal the subsection, substitute:
Conversion regulation may affect accrued rights etc.
(8) To avoid doubt:
(a) subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply in
relation to the effect of a conversion regulation (including a
conversion regulation enacted by the Parliament); and
(b) subsection 7(2) of the Acts Interpretation Act 1901, including
that subsection as applied by section 13 of the Legislation Act
2003, does not apply in relation to the enactment of this
section or the making of a conversion regulation (including a
conversion regulation enacted by the Parliament).
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383 Subsection 140GBC(5)
Omit “subsection 44(2) of the Legislative Instruments Act 2003”,
substitute “regulations made for the purposes of paragraph 44(2)(b) of
the Legislation Act 2003”.
384 Subsection 198AB(1B)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
385 Subsection 504(2)
Repeal the subsection, substitute:
(2) Section 14 of the Legislation Act 2003 does not prevent, and has
not prevented, regulations whose operation depends on a country
or other matter being specified or certified by the Minister in an
instrument in writing made under the regulations after the
commencement of the regulations.
Military Superannuation and Benefits Act 1991
386 Subsection 5A(3)
Repeal the subsection, substitute:
(3) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to
amendments referred to in subsection (1) of this section.
387 Section 49 (heading)
Repeal the heading, substitute:
49 Amendments to Trust Deed disallowable under the Legislation
Act 2003
388 Section 49
Omit “section 44 of the Legislative Instruments Act 2003, section 42”,
substitute “regulations made for the purposes of paragraph 44(2)(b) of
the Legislation Act 2003, section 42 (disallowance)”.
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Mutual Assistance in Criminal Matters Act 1987
389 Subsection 13A(5)
Omit “for the purposes of the Legislative Instruments Act 2003”.
National Blood Authority Act 2003
390 Subsection 10(3) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
National Broadband Network Companies Act 2011
391 Subsection 41(1) (note 3)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
392 Subsection 41(3) (note 2)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
393 Subsections 49(7), 54(9), 55(7) and 85(3) and (4)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
394 After subsection 85(4)
Insert:
(4A) Subsection 12(2) of the Legislation Act 2003 (retrospective
application of legislative instruments) does not apply to the
declaration under subsection (2) of this section.
National Disability Insurance Scheme Act 2013
395 Section 10 (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
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396 Subsection 121(1) (note)
Repeal the note, substitute:
Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 do not apply to the directions (see regulations
made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that
Act).
397 Subsection 209(2)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
National Environment Protection Council Act 1994
398 Subsection 21(2)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
National Film and Sound Archive of Australia Act 2008
399 Subsection 42(1) (notes 1 and 2)
Repeal the notes, substitute:
Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply
to the direction—see regulations made for the purposes of
paragraph 44(2)(b) of that Act.
Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the direction—see regulations made for the purposes of
paragraph 54(2)(b) of that Act.
National Health Act 1953
400 Subsection 135AA(8)
Repeal the subsection, substitute:
When rules commence
(8) Despite section 12 of the Legislation Act 2003, rules commence:
(a) from the first day on which they are no longer liable to be
disallowed; or
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(b) if the rules provide for their commencement after that day—
in accordance with that provision.
National Health Reform Act 2011
401 Section 5 (note at the end of the definition of local hospital network)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
National Health Security Act 2007
402 Subsections 60A(4) and (5)
Repeal the subsections, substitute:
When legislative instrument commences
(4) A legislative instrument made under subsection (1A), (1) or (1B)
commences:
(a) on the day on which the instrument is made; or
(b) if the instrument specifies a later day as the day on which it
commences, on that day.
(5) Subsection (4) has effect despite section 12 of the Legislation Act
2003.
(5A) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to a
legislative instrument made under subsection (1A), (1) or (1B).
403 Subsections 60B(4) and (5)
Repeal the subsections, substitute:
When variation or revocation commences
(4) The variation or revocation commences:
(a) on the day on which the instrument is made; or
(b) if the instrument specifies a later day as the day on which it
commences, on that day.
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(5) Subsection (4) has effect despite section 12 of the Legislation Act
2003.
(5A) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to the
variation or revocation.
National Land Transport Act 2014
404 Subsection 5(4)
Omit “for the purposes of the Legislative Instruments Act 2003, but
neither section 42 nor Part 6 of that Act applies to the instrument”,
substitute “, but section 42 (disallowance) of the Legislation Act 2003
does not apply to the instrument”.
405 At the end of subsection 5(4)
Add:
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the instrument (see regulations made for the purposes of
paragraph 54(2)(b) of that Act).
406 Subsection 6(3)
Omit “for the purposes of the Legislative Instruments Act 2003, but
neither section 42 nor Part 6 of that Act applies to the instrument”,
substitute “, but section 42 (disallowance) of the Legislation Act 2003
does not apply to the instrument”.
407 At the end of subsection 6(3)
Add:
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the instrument (see regulations made for the purposes of
paragraph 54(2)(b) of that Act).
408 Section 7 (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
409 Subsections 9(2), 15(4), 17(4), 24(3), 25(5) and 26(4)
Omit “for the purposes of the Legislative Instruments Act 2003”.
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410 Subsection 27(4)
Omit “for the purposes of the Legislative Instruments Act 2003, but
neither section 42 nor Part 6 of that Act applies to the instrument”,
substitute “, but section 42 (disallowance) of the Legislation Act 2003
does not apply to the instrument”.
411 At the end of subsection 27(4)
Add:
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the instrument (see regulations made for the purposes of
paragraph 54(2)(b) of that Act).
412 Subsection 27(5)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
413 Subsections 29(2), 35(4), 37(4) and 43(4)
Omit “for the purposes of the Legislative Instruments Act 2003”.
414 Subsection 44(4)
Omit “for the purposes of the Legislative Instruments Act 2003, but
neither section 42 nor Part 6 of that Act applies to the instrument”,
substitute “, but section 42 (disallowance) of the Legislation Act 2003
does not apply to the instrument”.
415 At the end of subsection 44(4)
Add:
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the instrument (see regulations made for the purposes of
paragraph 54(2)(b) of that Act).
416 Subsection 44(5)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
417 Subsections 46(6), 70(2), 76(4), 78(4) and 85(4)
Omit “for the purposes of the Legislative Instruments Act 2003”.
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418 Subsection 86(4)
Omit “for the purposes of the Legislative Instruments Act 2003, but
neither section 42 nor Part 6 of that Act applies to the instrument”,
substitute “, but section 42 (disallowance) of the Legislation Act 2003
does not apply to the instrument”.
419 At the end of subsection 86(4)
Add:
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the instrument (see regulations made for the purposes of
paragraph 54(2)(b) of that Act).
420 Subsections 86(5), 87(2) and 88(5)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
421 Subsection 89(5)
Omit “for the purposes of the Legislative Instruments Act 2003”.
422 Subsection 90(6)
Omit “for the purposes of the Legislative Instruments Act 2003, but
neither section 42 nor Part 6 of that Act applies to the instrument”,
substitute “, but section 42 (disallowance) of the Legislation Act 2003
does not apply to the instrument”.
423 At the end of subsection 90(6)
Add:
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the instrument (see regulations made for the purposes of
paragraph 54(2)(b) of that Act).
424 Subsection 90(7)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
425 Subsection 91(4)
Omit “for the purposes of the Legislative Instruments Act 2003”.
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National Portrait Gallery of Australia Act 2012
426 Subsection 50(1) (note)
Repeal the note, substitute:
Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 do not apply to the direction (see regulations
made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that
Act).
National Rental Affordability Scheme Act 2008
427 Subsection 12(1)
Omit “(1) The”, substitute “The”.
428 Subsection 12(2)
Repeal the subsection.
National Security Information (Criminal and Civil
Proceedings) Act 2004
429 Subsections 6A(6), 26(6), 28(9), 38F(8), 38H(10) and 39A(7)
Omit “for the purposes of the Legislative Instruments Act 2003”.
National Vocational Education and Training Regulator Act
2011
430 Subsection 7(3) (note)
Repeal the note, substitute:
Note: Section 42 (disallowance) of the Legislation Act 2003 does not apply
to a determination (see regulations made for the purposes of
paragraph 44(2)(b) of that Act).
431 Subsection 54(1) (note)
Repeal the note, substitute:
Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 do not apply to a determination (see regulations
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made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that
Act).
432 Subsection 157(3) (note 2)
Repeal the note, substitute:
Note 2: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 do not apply to a legislative instrument that sets
out a function (see regulations made for the purposes of paragraphs
44(2)(b) and 54(2)(b) of that Act).
433 Subsection 158(3)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
434 Subsections 160(1) and 181(1) (note)
Repeal the note, substitute:
Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 do not apply to the direction (see regulations
made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that
Act).
435 Subsection 185(1) (note 1)
Repeal the note, substitute:
Note 1: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 do not apply to a legislative instrument that
makes the standards (see regulations made for the purposes of
paragraphs 44(2)(b) and 54(2)(b) of that Act).
436 Subsections 186(1) and 187(1) (note 1)
Repeal the note, substitute:
Note 1: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 do not apply to a legislative instrument that
makes the requirements (see regulations made for the purposes of
paragraphs 44(2)(b) and 54(2)(b) of that Act).
437 Subsections 188(1) and 189(1) (note 1)
Repeal the note, substitute:
Note 1: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 do not apply to a legislative instrument that
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makes the standards (see regulations made for the purposes of
paragraphs 44(2)(b) and 54(2)(b) of that Act).
438 Subsection 191A(2)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
439 Subsection 232(1) (note)
Repeal the note, substitute:
Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 do not apply to a legislative instrument that
determines fees (see regulations made for the purposes of paragraphs
44(2)(b) and 54(2)(b) of that Act).
Nation-building Funds Act 2008
440 Section 5 (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
441 Subsections 14(5), 15(3) and 17(3)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
442 Subsection 35(11) (notes 1 and 2)
Repeal the notes, substitute:
Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply
to the direction—see regulations made for the purposes of
paragraph 44(2)(b) of that Act.
Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the direction—see regulations made for the purposes of
paragraph 54(2)(b) of that Act.
443 Subsection 37(2) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
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444 Subsection 134(3)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
445 Subsection 154(11) (notes 1 and 2)
Repeal the notes, substitute:
Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply
to the direction—see regulations made for the purposes of
paragraph 44(2)(b) of that Act.
Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the direction—see regulations made for the purposes of
paragraph 54(2)(b) of that Act.
446 Subsection 156(2) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
447 Subsections 216(5) and 217(3)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
448 Subsection 229(11) (notes 1 and 2)
Repeal the notes, substitute:
Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply
to the direction—see regulations made for the purposes of
paragraph 44(2)(b) of that Act.
Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the direction—see regulations made for the purposes of
paragraph 54(2)(b) of that Act.
449 Subsection 231(2) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Native Title Act 1993
450 Subsections 203CA(6) and 203FE(3A)
Omit “for the purposes of the Legislative Instruments Act 2003”.
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451 Section 253 (definition of Commonwealth Minister)
Omit “19A”, substitute “19”.
Navigation Act 2012
452 Subsections 341(2) and 342(4)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Offshore Petroleum and Greenhouse Gas Storage Act 2006
453 Subsections 58(2), 61(3), 66(8), 106(9), 574(10) and (11), 615(4), 616(11), 647(6), 654(2), 657(3) and (4) and 677(4)
Omit “for the purposes of the Legislative Instruments Act 2003”.
454 Subsection 689(2) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
455 Subsections 691(4) and (5), 692(14) and 697(6), (7) and (8)
Omit “for the purposes of the Legislative Instruments Act 2003”.
456 Subclause 46(1) of Schedule 3 (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
457 Subclause 46(3) of Schedule 3
Omit “for the purposes of the Legislative Instruments Act 2003”.
458 Paragraph 4(2)(b) of Schedule 6
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
459 Subclause 7(1) of Schedule 6 (note 1)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
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460 Subclause 7(3) of Schedule 6
Omit “for the purposes of the Legislative Instruments Act 2003”.
Offshore Petroleum (Royalty) Act 2006
461 Subsections 6(5) and 14(4)
Omit “for the purposes of the Legislative Instruments Act 2003”.
Ombudsman Act 1976
462 Subsection 19ZE(4)
Omit “for the purposes of the Legislative Instruments Act 2003”.
Ozone Protection and Synthetic Greenhouse Gas (Import
Levy) Act 1995
463 Subsection 4A(8)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Ozone Protection and Synthetic Greenhouse Gas
Management Act 1989
464 Subsections 8D(2) and 13(6B)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
465 Subsection 45(9)
Omit “Legislative Instruments Act 2003, a determination under
subsection (4) of this section takes effect”, substitute “Legislation Act
2003, a determination under subsection (4) of this section commences”.
466 Subsection 69F(10) (heading)
Repeal the heading, substitute:
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Legislation Act 2003
467 Subclause 10(1A) of Schedule 4 (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Parliamentary Contributory Superannuation Act 1948
468 Subsection 22CK(2)
Omit “section 44 of the Legislative Instruments Act 2003, section 42”,
substitute “regulations made for the purposes of paragraph 44(2)(b) of
the Legislation Act 2003, section 42 (disallowance)”.
Parliamentary Service Act 1999
469 Subsection 20(5) (note)
Repeal the note, substitute:
Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 do not apply to the direction (see regulations
made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that
Act).
470 Subsection 23(1) (note)
Repeal the note, substitute:
Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 do not apply to the Classification Rules (see
regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b)
of that Act).
471 Subsection 24(3) (note)
Repeal the note, substitute:
Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 do not apply to the determination (see
regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b)
of that Act).
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Patents Act 1990
472 Subsection 29B(6)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
473 Paragraph 136E(3)(b)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
474 Subsection 228(5)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Personally Controlled Electronic Health Records Act 2012
475 Subsection 111(2) (note)
Omit “Part 3 of the Legislative Instruments Act 2003”, substitute
“section 17 of the Legislation Act 2003”.
Personal Property Securities Act 2009
476 Subsection 306(6)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Petroleum Excise (Prices) Act 1987
477 Subsection 4(1C)
Repeal the subsection, substitute:
(1C) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to
regulations made for the purposes of this Act in relation to
condensate.
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Petroleum Resource Rent Tax Assessment Act 1987
478 Subsection 36B(4)
Omit “for the purposes of the Legislative Instruments Act 2003”.
Privacy Act 1988
479 Subsection 6C(1) (note 2 at the end of the definition of organisation)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
480 Subsections 6E(1) and (2) and 6F(1) (note 2)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
481 Subsection 26B(3) (not including the note)
Repeal the subsection, substitute:
(3) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to a
registered APP code.
482 Subsection 26M(3)
Repeal the subsection, substitute:
(3) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to the
registered CR code.
Product Stewardship Act 2011
483 Subsections 19(3B) and 39(3)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
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Product Stewardship (Oil) Act 2000
484 Subsection 10(5)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Protection of Cultural Objects on Loan Act 2013
485 Section 5 (note at the end of the definition of borrowing institution)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Public Governance and Resources Legislation Amendment
Act (No. 1) 2015
486 Item 1 of Schedule 7
Repeal the item, substitute:
1 Amendments to legislative instruments
Subsection 12(2) (retrospective application of legislative instruments)
of the Legislation Act 2003 does not apply to a legislative instrument
(the amending instrument) if:
(a) the amending instrument is made under an Act (the enabling
Act); and
(b) the amending instrument amends another legislative
instrument made under the enabling Act; and
(c) the amendment is consequential on:
(i) the amendments or repeals made by this Act; or
(ii) the enactment of this Act.
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Public Governance, Performance and Accountability Act
2013
487 Subsections 22(4), 57(2), 58(9) and 59(4)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
488 Subsection 75(7) (heading)
Repeal the heading, substitute:
Legislation Act 2003
489 Subsection 75(7)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
490 Subsection 75(8)
Omit “take effect”, substitute “commence”.
491 Subsection 75(9)
Repeal the subsection, substitute:
(9) Subsection (8) does not authorise expenditure under an
appropriation that did not exist at the time of the expenditure.
(9A) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply to a
determination under subsection (2) of this section.
492 Subsection 79(2)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
493 Subsection 79(5)
Omit “takes effect”, substitute “commences”.
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494 Subsections 93(4), 101(4), 105B(2) and 105C(2)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Public Governance, Performance and Accountability
(Consequential and Transitional Provisions) Act
2014
495 Item 5 of Schedule 14
Repeal the item, substitute:
5 Amendments to legislative instruments
Subsection 12(2) (retrospective application of legislative instruments)
of the Legislation Act 2003 does not apply to a legislative instrument
(the amending instrument) if:
(a) the amending instrument is made under an Act (the enabling
Act); and
(b) the amending instrument amends another legislative
instrument made under the enabling Act; and
(c) the amendment is consequential on:
(i) the amendments or repeals made by this Act; or
(ii) the enactment of this Act or the PGPA Act.
Public Interest Disclosure Act 2013
496 Subsection 32(3) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Public Service Act 1999
497 Subsection 21(2) (note)
Repeal the note, substitute:
Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 do not apply to the direction (see regulations
made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that
Act).
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498 Subsection 23(1) (note)
Repeal the note, substitute:
Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 do not apply to the Classification Rules (see
regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b)
of that Act).
499 Subsection 24(3) (note)
Repeal the note, substitute:
Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 do not apply to the determination (see
regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b)
of that Act).
500 Subsection 41(2) (note)
Repeal the note, substitute:
Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 do not apply to a direction given under
paragraph (2)(q) of this section (see regulations made for the purposes
of paragraphs 44(2)(b) and 54(2)(b) of that Act).
Quarantine Act 1908
501 Subsections 64B(1), (3) and (4) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
502 Subsection 64D(3)
Repeal the subsection, substitute:
(3) A tariff must not commence before the tenth day after it is
registered under the Legislation Act 2003.
Remuneration Tribunal Act 1973
503 Subsection 7(8AA)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
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Renewable Energy (Electricity) Act 2000
504 Paragraph 30LA(6)(b)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
505 Subsection 160A(2)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Retirement Savings Accounts Act 1997
506 Subsection 45B(8)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
507 Subsection 45B(9) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Safety, Rehabilitation and Compensation Act 1988
508 Subsections 101(2) and 114D(4)
Omit “of the Legislative Instruments Act 2003”, substitute
“(disallowance) of the Legislation Act 2003”.
Safe Work Australia Act 2008
509 Subsection 46(1) (notes 1 and 2)
Repeal the notes, substitute:
Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 do not apply to the direction—see regulations
made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act.
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Schools Assistance Act 2008
510 At the end of subsection 15(2)
Add:
Note: Section 46B of the Acts Interpretation Act 1901 was repealed by the
Acts and Instruments (Framework Reform) Act 2015. Item 179 of
Schedule 1 to that Act includes certain saving and transitional
provisions for section 46B.
511 Subsections 17(4), 22(2), 67(5), 69(5) and 85(5)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
512 Subsection 92(2) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
513 Subsection 92(5)
Repeal the subsection, substitute:
(5) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply in relation
to a determination made under subsection (4).
514 Subsection 165(3)
Omit “take effect”, substitute “commence”.
515 Subsections 173(3) and (4) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
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Schools Assistance (Learning Together—Achievement
Through Choice and Opportunity) Act 2004
516 Section 4 (definition of eligible new arrival)
Omit the second sentence, substitute “Subsection 12(2) (retrospective
application of legislative instruments) of the Legislation Act 2003 does
not apply in relation to a determination made under subparagraph (c)(v)
of this definition.”.
517 Subsection 8(2)
Omit “for the purposes of the Legislative Instruments Act 2003”.
518 Subsection 140(2)
Repeal the subsection, substitute:
(2) Despite the Legislation Act 2003, regulations made for the
purposes of section 14, 15, 19, 31, 32 or 36 of this Act commence
not earlier than on the first day on which they are no longer liable
to be disallowed, or to have been taken to have been disallowed,
under that Act.
Screen Australia Act 2008
519 Subsection 44(1) (notes 1 and 2)
Repeal the notes, substitute:
Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 do not apply to the direction—see regulations
made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act.
Screen Australia and the National Film and Sound Archive
of Australia (Consequential and Transitional
Provisions) Act 2008
520 Subitem 36(3) of Schedule 2
Repeal the subitem.
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Shipping Reform (Tax Incentives) Act 2012
521 Subsection 25(2) (note 1)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Social and Community Services Pay Equity Special Account
Act 2012
522 Subsections 7(5), 8(8) and 9(2)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Social Security Act 1991
523 Subsection 11A(12) (heading)
Repeal the heading, substitute:
Application of the Legislation Act 2003
524 Subsection 92Q(1A)
Omit “Despite subsection 12(2) of the Legislative Instruments Act 2003,
a”, substitute “A”.
525 After subsection 92Q(1A)
Insert:
(1B) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply in relation
to a declaration made under subsection (1).
526 Subsections 500E(2) and 546(2)
Omit “take effect”, substitute “commence”.
527 Subsection 592N(2)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
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528 Subsection 600(2)
Omit “take effect”, substitute “commence”.
529 Subsection 1061KA(7)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
530 Subsections 1061K(3), 1061L(3) and 1061P(6)
Omit “but section 42 of the Legislative Instruments Act 2003”,
substitute “but section 42 (disallowance) of the Legislation Act 2003”.
531 Subsection 1061ZZGH(1) (note 1)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
532 Subsections 1157M(2), 1157R(2) and 1157U(2)
Repeal the subsections, substitute:
(2) The determination:
(a) commences on the day after the day when it is registered in
the Federal Register of Legislation under the Legislation Act
2003; and
(b) ceases to have effect 6 months after the day it commences, if
it has not already been revoked.
533 Subsection 1237AB(3)
Omit “take effect”, substitute “commence”.
Social Security (Administration) Act 1999
534 Subsection 202(5)
Omit “Legislative Instruments Act 2003, an instrument does not take
effect”, substitute “Legislation Act 2003, an instrument does not
commence”.
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535 Subclause 2(4) of Schedule 5
Omit “Federal Register of Legislative Instruments under the Legislative
Instruments Act 2003”, substitute “Federal Register of Legislation under
the Legislation Act 2003”.
Stronger Futures in the Northern Territory Act 2012
536 Section 8 (subsection 75D(3) of the Liquor Act (NT))
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Student Assistance Act 1973
537 Subsection 48(2)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Student Identifiers Act 2014
538 Subsections 4(2) and (3) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
539 Subsection 33(1) (note)
Repeal the note, substitute:
Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 do not apply to the directions (see regulations
made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that
Act).
540 Subsection 53(3) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
541 Subsection 55(4)
Omit “, but neither section 42 (disallowance) nor Part 6 (sunsetting) of
the Legislative Instruments Act 2003 applies to the declaration or
revocation”.
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542 At the end of subsection 55(4)
Add:
Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply
to the declaration or revocation: see subsection 44(1) of that Act.
Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the declaration or revocation: see subsection 54(1) of that
Act.
543 Subsection 57(3)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Superannuation Act 1922
544 Subsection 93DE(2)
Omit “section 44 of the Legislative Instruments Act 2003, section 42”,
substitute “regulations made for the purposes of paragraph 44(2)(b) of
the Legislation Act 2003, section 42 (disallowance)”.
Superannuation Act 1976
545 Subsections 3(1BD) and 4A(1)
Omit “section 44 of the Legislative Instruments Act 2003, section 42”,
substitute “regulations made for the purposes of paragraph 44(2)(b) of
the Legislation Act 2003, section 42 (disallowance)”.
546 Section 110G
Omit “section 44 of the Legislative Instruments Act 2003, section 42”,
substitute “regulations made for the purposes of paragraph 44(2)(b) of
the Legislation Act 2003, section 42 (disallowance)”.
547 Subsections 146MH(2), 238(2), 241(3) and 242C(4)
Omit “section 44 of the Legislative Instruments Act 2003, section 42”,
substitute “regulations made for the purposes of paragraph 44(2)(b) of
the Legislation Act 2003, section 42 (disallowance)”.
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Superannuation Act 1990
548 Subsection 5A(2)
Repeal the subsection, substitute:
(2) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply in relation
to amendments referred to in subsection (1) of this section.
549 Subsection 6(5) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
550 Subsection 6(7)
Omit “for the purposes of the Legislative Instruments Act 2003”.
551 Subsections 6(8) and 45(2)
Omit “section 44 of the Legislative Instruments Act 2003, section 42”,
substitute “regulations made for the purposes of paragraph 44(2)(b) of
the Legislation Act 2003, section 42 (disallowance)”.
552 Subsection 45(3)
Omit “have taken effect”, substitute “commence”.
553 Subsections 45(4) and (5)
Omit “take effect”, substitute “commence”.
554 Subsection 45(6)
Repeal the subsection, substitute:
(6) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply in relation
to an instrument referred to in paragraph (1)(e).
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Superannuation Act 2005
555 Subsection 4(3)
Omit “section 44 of the Legislative Instruments Act 2003, section 42”,
substitute “regulations made for the purposes of paragraph 44(2)(b) of
the Legislation Act 2003, section 42 (disallowance)”.
556 Subsection 5(2) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
557 Subsection 5(3)
Omit “for the purposes of the Legislative Instruments Act 2003”.
558 Subsection 5(4)
Omit “section 44 of the Legislative Instruments Act 2003, section 42”,
substitute “regulations made for the purposes of paragraph 44(2)(b) of
the Legislation Act 2003, section 42 (disallowance)”.
559 Subsections 5(5) and (6)
Omit “have taken effect”, substitute “commence”.
560 Subsections 6(1) and (2) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
561 Subsection 6(3)
Omit “for the purposes of the Legislative Instruments Act 2003”.
562 Subsection 6(4)
Omit “section 44 of the Legislative Instruments Act 2003, section 42”,
substitute “regulations made for the purposes of paragraph 44(2)(b) of
the Legislation Act 2003, section 42 (disallowance)”.
563 Subsection 7(1) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
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564 Subsection 7(2)
Omit “for the purposes of the Legislative Instruments Act 2003”.
565 Subsection 7(3)
Omit “section 44 of the Legislative Instruments Act 2003, section 42”,
substitute “regulations made for the purposes of paragraph 44(2)(b) of
the Legislation Act 2003, section 42 (disallowance)”.
566 Subsections 7(4) and (5)
Omit “have taken effect”, substitute “commence”.
567 Subsection 8(2) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
568 Subsection 8(5)
Omit “for the purposes of the Legislative Instruments Act 2003”.
569 Subsection 8(6)
Omit “section 44 of the Legislative Instruments Act 2003, section 42”,
substitute “regulations made for the purposes of paragraph 44(2)(b) of
the Legislation Act 2003, section 42 (disallowance)”.
570 Subsection 8(7)
Omit “have taken effect”, substitute “commence”.
571 Subsection 10(2)
Omit “for the purposes of the Legislative Instruments Act 2003, but
section 42 of that Act”, substitute “, but section 42 (disallowance) of the
Legislation Act 2003”.
572 Subsection 11(3)
Omit “for the purposes of the Legislative Instruments Act 2003”.
573 Subsection 11(4)
Omit “section 44 of the Legislative Instruments Act 2003, section 42”,
substitute “regulations made for the purposes of paragraph 44(2)(b) of
the Legislation Act 2003, section 42 (disallowance)”.
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574 Subsections 13(1) and (2) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
575 Subsection 13(4)
Omit “for the purposes of the Legislative Instruments Act 2003”.
576 Subsection 13(5)
Omit “section 44 of the Legislative Instruments Act 2003, section 42”,
substitute “regulations made for the purposes of paragraph 44(2)(b) of
the Legislation Act 2003, section 42 (disallowance)”.
577 Subsections 13(6) and (7)
Omit “have taken effect”, substitute “commence”.
578 Subsection 16(1) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
579 Subsection 16(2)
Omit “for the purposes of the Legislative Instruments Act 2003”.
580 Subsection 16(3)
Omit “section 44 of the Legislative Instruments Act 2003, section 42”,
substitute “regulations made for the purposes of paragraph 44(2)(b) of
the Legislation Act 2003, section 42 (disallowance)”.
581 Subsection 19(4)
Omit “for the purposes of the Legislative Instruments Act 2003”.
582 Subsection 19(5)
Omit “section 44 of the Legislative Instruments Act 2003, section 42”,
substitute “regulations made for the purposes of paragraph 44(2)(b) of
the Legislation Act 2003, section 42 (disallowance)”.
583 Paragraph 32(1)(b)
Omit “for the purposes of the Legislative Instruments Act 2003”.
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584 Subsections 34(5) and 39(3)
Omit “for the purposes of the Legislative Instruments Act 2003, but
section 42 of that Act”, substitute “, but section 42 (disallowance) of the
Legislation Act 2003”.
Superannuation Industry (Supervision) Act 1993
585 Subsection 34K(8)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
586 Subsection 34K(9) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
587 Subsection 50(6) (heading)
Repeal the heading, substitute:
Section 14 of the Legislation Act 2003
588 Subsections 50(6), 128Q(5) and 142(9)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Superannuation Legislation Amendment (Simplification) Act
2007
589 Section 4
Omit “(within the meaning of the Legislative Instruments Act 2003)”.
Superannuation (Productivity Benefit) Act 1988
590 Section 9B
Omit “section 44 of the Legislative Instruments Act 2003, section 42”,
substitute “regulations made for the purposes of paragraph 44(2)(b) of
the Legislation Act 2003, section 42 (disallowance)”.
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Superannuation (Unclaimed Money and Lost Members) Act
1999
591 Subsection 18AA(1) (note 1)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
592 Subsection 20AA(2) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
593 Subsection 20JA(1) (note 1)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
594 Subsection 24HA(1) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Surveillance Devices Act 2004
595 Subsections 12(6), 31(2), 33(4), 40(2), 42(7), 52(2) and 53(5)
Omit “for the purposes of the Legislative Instruments Act 2003”.
Sydney Airport Demand Management Act 1997
596 Subsection 8(4)
Omit “Part 3 of the Legislative Instruments Act 2003”, substitute
“section 17 (consultation) of the Legislation Act 2003”.
597 Subsection 46(6)
Omit “for the purposes of the Legislative Instruments Act 2003”.
598 Subsection 59A(3) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
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599 Subsection 59A(5)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Tax Agent Services Act 2009
600 Subsections 90-5(2) and 90-10(2) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Taxation Administration Act 1953
601 Subsection 45-114(3) in Schedule 1 (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
602 Subsection 133-130(3) in Schedule 1
Repeal the subsection, substitute:
(3) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply in relation
to an instrument made under subsection (2).
(4) Despite subsection 12(3) (retrospective commencement of
legislative instruments) of the Legislation Act 2003, an instrument
made under subsection (2) of this section must not commence
before 1 July 2012.
603 Subsection 355-55(1) in Schedule 1 (note 2)
Omit “Section 19A” substitute “Section 19”.
Telecommunications Act 1997
604 Subsection 69(8)
Omit “for the purposes of the Legislative Instruments Act 2003”.
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605 Subsections 87(4), 95(1) and 96(1) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
606 Subsections 102(7), 121(5) and 136B(4)
Omit “for the purposes of the Legislative Instruments Act 2003”.
607 Subsection 136C(5) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
608 Subsection 136C(7)
Omit “for the purposes of the Legislative Instruments Act 2003”.
609 Subsection 136E(1) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
610 Subsection 136E(2)
Omit “for the purposes of the Legislative Instruments Act 2003”.
611 Subsection 372B(1) (note 4)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
612 Subsection 372C(1) (note 3)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
613 Subsections 372K(1), (3), (5) and (7) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
614 Subsection 372N(1) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
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615 Subsection 460(4A)
Omit “for the purposes of the Legislative Instruments Act 2003”.
616 Subsection 572M(2) (note)
Omit “Part 3 of the Legislative Instruments Act 2003”, substitute
“section 17 (consultation) of the Legislation Act 2003”.
617 Subclause 47(6) of Schedule 1
Omit “for the purposes of the Legislative Instruments Act 2003”.
618 Subclause 6(3) of Schedule 3 (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
619 Subclauses 44(4) and (5) of Schedule 3 (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
620 Subclause 46(1) of Schedule 3 (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Telecommunications (Carrier Licence Charges) Act 1997
621 Subsections 9(2), 14(2) and 15(2)
Omit “for the purposes of the Legislative Instruments Act 2003”.
Telecommunications (Consumer Protection and Service
Standards) Act 1999
622 Subparagraphs 8J(2)(b)(ii) and 8K(2)(b)(ii)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
623 Paragraph 9(2AAA)(b)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
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624 Paragraph 9(2AA)(b)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
625 Subsection 158P(8)
Omit “for the purposes of the Legislative Instruments Act 2003, but
section 42 of that Act”, substitute “, but section 42 (disallowance) of the
Legislation Act 2003”.
Telecommunications (Interception and Access) Act 1979
626 Subsection 6(2C)
Omit “for the purposes of the Legislative Instruments Act 2003”.
627 Subsection 6(2E)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Telecommunications (Numbering Charges) Act 1997
628 Subsections 15(2) and 22(3) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Telstra Corporation Act 1991
629 Subsection 8AJ(3B)
Omit “for the purposes of the Legislative Instruments Act 2003, but
section 42 of that Act”, substitute “, but section 42 (disallowance) of the
Legislation Act 2003”.
630 Subsection 8AJ(6C)
Omit “for the purposes of the Legislative Instruments Act 2003”.
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631 Subsection 8AJA(7)
Omit “for the purposes of the Legislative Instruments Act 2003, but
section 42 of that Act”, substitute “, but section 42 (disallowance) of the
Legislation Act 2003”.
632 Subsection 8AYB(6)
Omit “for the purposes of the Legislative Instruments Act 2003”.
633 Subsection 12(3)
Omit “disallowable instrument for the purposes of section 46A of the
Acts Interpretation Act 1901”, substitute “legislative instrument”.
634 Subclause 12(4AB) of the Schedule (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
635 Subclause 12(8) of the Schedule
Omit “for the purposes of the Legislative Instruments Act 2003, but
section 42 of that Act”, substitute “, but section 42 (disallowance) of the
Legislation Act 2003”.
Tertiary Education Quality and Standards Agency Act 2011
636 Subsection 58(5)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
637 Subsection 136(1) (note)
Repeal the note, substitute:
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the direction (see regulations made for the purposes of
paragraph 54(2)(b) of that Act).
638 Subsection 136(2B)
Omit “Section 44 of the Legislative Instruments Act 2003 does”,
substitute “Regulations made for the purposes of paragraph 44(2)(b) of
the Legislation Act 2003 do”.
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639 Subsection 136(2B) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
640 Subsection 155(1) (note)
Repeal the note, substitute:
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the direction (see regulations made for the purposes of
paragraph 54(2)(b) of that Act).
641 Subsection 155(1A)
Omit “Section 44 of the Legislative Instruments Act 2003 does”,
substitute “Regulations made for the purposes of paragraph 44(2)(b) of
the Legislation Act 2003 do”.
642 Subsection 155(1A) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Therapeutic Goods Act 1989
643 Subsections 3AA(4), 3AB(4), 3C(1) and 7AA(1) and (2) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
644 Subsections 10(1) and (3A) (note)
Repeal the note, substitute:
Note: Section 12 of the Legislation Act 2003 deals with when a legislative
instrument commences.
645 Subsection 26BB(8)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
646 Subsection 30F(4A)
Omit “for the purposes of the Legislative Instruments Act 2003”.
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647 Subsections 32A(2) and (3) and 32CA(1) and (2) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
648 Subsections 41CB(1) and 41DC(1) (note)
Repeal the note, substitute:
Note: Section 12 of the Legislation Act 2003 deals with when a legislative
instrument commences.
649 Subsections 41HD(1) and (2) and 52A(2) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
650 Subsections 52D(4A) and (4B)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
651 Section 52EA
Repeal the section.
Tourism Australia Act 2004
652 Subsections 41(3) and 42(3)
Omit “for the purposes of the Legislative Instruments Act 2003”.
653 Subsection 60(3) (note)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Veterans’ Entitlements Act 1986
654 Subsection 5LA(12) (heading)
Repeal the heading, substitute:
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Application of the Legislation Act 2003
655 Subsection 29(11)
Repeal the subsection, substitute:
(11) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply in relation
to the document or instrument.
656 Subsection 45TO(1A)
Omit “Despite subsection 12(2) of the Legislative Instruments Act 2003,
a”, substitute “A”.
657 After subsection 45TO(1A)
Insert:
(1B) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply in relation
to a declaration made under subsection (1).
658 Subsection 90A(6)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
659 Subsection 196B(13)
Omit “Despite section 12 of the Legislative Instruments Act 2003, a”,
substitute “A”.
660 Subsection 196B(13)
Omit “to be taken to have had effect from”, substitute “taken to have
commenced on”.
661 After subsection 196B(13)
Insert:
(13AA) Subsection 12(2) (retrospective application of legislative
instruments) of the Legislation Act 2003 does not apply in relation
to a determination under subsection (10) of this section amending a
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Statement of Principles, or a Statement of Principles under
subsection (11) or (12).
662 Paragraph 196W(3)(a)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Water Efficiency Labelling and Standards Act 2005
663 Subsection 12(2)
Omit “for the purposes of the Legislative Instruments Act 2003 but
neither section 42 of that Act nor Part 6 of that Act applies to the
instrument”.
664 At the end of subsection 12(2)
Add:
Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply
to the declaration: see subsection 44(1) of that Act.
Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the declaration: see subsection 54(1) of that Act.
665 Subsection 18(3)
Repeal the subsection, substitute:
(3) A determination under subsection (1) is a legislative instrument
and, despite subsection 44(1) of the Legislation Act 2003,
section 42 (disallowance) of that Act applies to the determination.
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the determination: see subsection 54(1) of that Act.
666 Subsection 26(7)
Omit “Legislative Instruments Act 2003, section 42”, substitute
“Legislation Act 2003, section 42 (disallowance)”.
667 Subsection 26(7) (note)
Repeal the note, substitute:
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
apply to the scheme (see subsection 54(1) of that Act).
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Work Health and Safety Act 2011
668 Section 273B (heading)
Repeal the heading, substitute:
273B Application of the Legislation Act 2003
669 Subsection 274(3) (note)
Omit “Federal Register of Legislative Instruments and commence in
accordance with section 12 of the Legislative Instruments Act 2003”,
substitute “Federal Register of Legislation and commence in accordance
with section 12 of the Legislation Act 2003”.
Workplace Gender Equality Act 2012
670 Subsection 19(1) (note 2)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
671 Subsection 33A(2) (note)
Omit “Part 3 of the Legislative Instruments Act 2003”, substitute
“section 17 (consultation) of the Legislation Act 2003”.
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Part 2 Contingent amendments
Part 2—Contingent amendments
Designs Act 2003
672 Subsection 145(3)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Patents Act 1990
673 Subsection 221(3)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Plant Breeder’s Rights Act 1994
674 Subsection 3(3)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
Trade Marks Act 1995
675 Subsection 215(9)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act
2003”.
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Amendments relating to court rules Schedule 2
Amendments commencing on Proclamation Part 1
Schedule 2—Amendments relating to court rules
Part 1—Amendments commencing on Proclamation
Family Law Act 1975
1 Subsection 123(2)
Omit “under this section”, substitute “by Judges under this section or
any other Act”.
2 Subsection 123(2A)
Omit “under this Act”, insert “by Judges under this or any other Act”.
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Schedule 2 Amendments relating to court rules
Part 2 Amendment of the Legislative Instruments Act 2003
Part 2—Amendment of the Legislative Instruments Act 2003
Legislative Instruments Act 2003
3 Section 9
Omit “for the High Court, the Federal Court of Australia, the Family
Court of Australia and the Federal Circuit Court of Australia”.
4 Section 9 (note)
Omit “are”, substitute “may be”.
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Amendment of the Legislation Act 2003 Part 3
Part 3—Amendment of the Legislation Act 2003
Legislation Act 2003
5 Paragraph 8(8)(d)
Repeal the paragraph, substitute:
(d) rules of court or a compilation of rules of court;
6 Subsection 8(8) (note)
Repeal the note, substitute:
Note: Rules of court may, however, be registered under this Act, and may be
otherwise treated as if they were legislative instruments by their
enabling legislation.
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Schedule 2 Amendments relating to court rules
Part 4 Application of amendments
Part 4—Application of amendments
7 Application of amendments
(1) The amendments made by this Schedule apply in relation to any rules of
court, whether made before or after this item commences.
(2) However, this item does not affect rights or liabilities of parties to
proceedings commenced in a court before this item commences, to the
extent that those rights or liabilities arose from, or were affected by,
rules of court referred to in subitem (1).
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Amendments relating to forms and technical matters Schedule 3
Amendments Part 1
Schedule 3—Amendments relating to forms and technical matters
Part 1—Amendments
Acts and Instruments (Framework Reform) Act 2015
1 Items 170 and 178 of Schedule 1
Repeal the items.
Acts Interpretation Act 1901
2 Subsection 46AA(4)
Repeal the subsection, substitute:
Forms
(4) If an instrument provides for a form to be used, this section does
not apply in relation to the form.
Legislation Act 2003
3 Subsection 14(4)
Repeal the subsection, substitute:
Forms
(4) If a legislative instrument or notifiable instrument provides for a
form to be used, this section does not apply in relation to the form.
4 Paragraph 15A(3)(b)
Omit “Part”, substitute “Part)”.
5 Subsection 15H(1)
Omit “or document”.
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Schedule 3 Amendments relating to forms and technical matters
Part 2 Application of amendments
Part 2—Application of amendments
6 Application of amendments relating to forms
(1) The amendments of section 46AA of the Acts Interpretation Act 1901
and section 14 of the Legislation Act 2003 made by Part 1 of this
Schedule apply, on or after the commencement of that Part, in relation
to:
(a) a form made before that commencement; and
(b) a form made on or after that commencement, whether the
instrument providing for the form to be used is made before,
on or after that commencement.
(2) No inference may be drawn from an amendment of a section mentioned
in subitem (1) as to whether, before the commencement of Part 1 of this
Schedule, that section applied in relation to a form made before that
commencement.
[Minister’s second reading speech made in—
House of Representatives on 25 June 2015
Senate on 19 August 2015]
(107/15)
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