Acts and Instruments (Framework Reform) Act 2015

The Acts and Instruments (Framework Reform) Act 2015 was assented by the Commonwealth Government on the 5 March 2015. Along with renaming the Legislative Instruments Act 2003 (Cth) (The Act) as the Legislation Act 2003, the Act also makes changes to the current database of Commonwealth legislation.

Background to the New Act

The Legislative Instruments Act 2003 (The Act) established a comprehensive regime for the registration, tabling, parliamentary scrutiny and sunsetting (automatic repeal) of Commonwealth legislative instruments. It also established an authoritative, complete and accessible register of those instruments, including compilations (the electronic equivalent of up-to-date reprints) and explanatory statements.

A statutory review of the Act was conducted in 2008 by a committee comprising Mr Anthony Blunn AO, Mr Ian Govey and Professor John McMillan AO. It produced the report titled 2008 Review of the Legislative Instruments Act 2003. The committee found that the Act had been successful in providing a repository of legislative instruments, improving public access to legislative instruments and facilitating parliamentary scrutiny of legislative instruments. The committee found that the Legislative Instruments Act had:

The committee also made a number of recommendations to enhance the Register, and to improve the clarity and operation of the legislation that governs it. 

The Main Purpose of the New Act

The Act implements a number of the outstanding recommendations of the 2008 Review of the Legislative Instruments Act 2003. The Act makes a number of other amendments to improve the operation and clarity of legislative frameworks for Commonwealth Acts and instruments and contribute to the Federal Government‘s deregulation agenda by creating administrative efficiencies across government and enhancing the public accessibility of Commonwealth laws. 

The major changes are:

• The current database of Commonwealth Acts and the Federal Register of Legislative Instruments, which are both accessed through ComLaw, will be integrated into a single Register called the Federal Register of Legislation;
• The First Parliamentary Counsel can make minor editorial changes to the preparation of legislation for registered compilations of Acts and instruments that do not change the effect of the legislation. This can include correcting typographical or grammatical errors that may have occurred during drafting; 
• To allow the transfer of certain content from an Act to its subordinate legislation to consolidate details that may be more suitably addressed in regulations; 
• To allow the First Parliamentary Counsel to make legislative instruments regarding matters pertaining to their obligation to maintain a consistent, accurate and up-to-date Register; and
• The automatic commencement provision for regulations is changed to day after notification as opposed to day of notification as it currently stands.

Overall, it is claimed by the Federal Government that the Act provides the opportunity for significant reforms to the legislative frameworks for Commonwealth acts and instruments.

The Act currently does not have a commencement date. 

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Acts and Instruments (Framework Reform) Act 2015 as reproduced on TimeBase LawOne and accompanying explanatory materials