Changes to Legislative Interpretation: Acts and Instruments (Framework Reform) Act 2015
Wednesday 2 March 2016 @ 2.20 p.m.
On 5 March 2016, there will be significant changes to legislative interpretation in the Commonwealth, as a result of the changes brought about by the Acts and Instruments (Framework Reform) Act 2015 (No. 10).
For more information about the progress of the bill and Act, please see our previous news articles at:
New Changes in Brief
To summarise, the new legislative interpretation changes will include:
- 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 and they must be notified in the compilation;
- Allowing the transfer of certain content from an Act to its subordinate legislation to consolidate details that may be more suitably addressed in regulations;
- Allowing 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. There is some effect with restrospective amendments.
There is also an interesting new section on judicial notice being added which will affect many of our court based customers, indicating (in the new Section 15ZB) that the following are not aspects which require proof:
- the assent, and the day of assent, of an Act;
- the making, and the day of making, of a registered legislative instrument or notifiable instrument;
- the text of a registered law or explanatory statement;
- the registration, and day of registration, of a registered law or explanatory statement;
- the commencement of a registered Act, legislative instrument or notifiable instrument, or any provision of a registered Act, legislative instrument or notifiable instrument;
- editorial changes made to an Act, legislative instrument or notifiable instrument in preparing a registered compilation of the Act or instrument;
- the text and compilation date of a registered compilation of an Act, legislative instrument or notifiable instrument;
- whether a copy of a registered law or explanatory statement is an authorised version of the registered law or explanatory statement.
Additional Changes to Commonwealth Regulations
Additionally, as of the beginning of 2016, Commonwealth Regulations are now released and categorised by title only, rather than by Select Legislative Instrument (SLI) Series..