Australian Capital Territory
Legislation Regulations 2001
Subordinate Law 2001 No 34

The Australian Capital Territory Executive makes the following regulations under the Legislation Act 2001.
Dated 11 September 2001.
Gary Humphries
Minister
Michael Moore
Minister

Australian Capital Territory
Legislation Regulations 2001
Subordinate Law 2001 No 34
made under the
Legislation Act 2001

    
Contents
	Page
	1	Name of regulations	1
	2	Commencement	1
	3	Requirements for notification of registrable instruments (drafts supplied by parliamentary counsel)—Act, s 61 (2)	1
	4	Requirements for notification of registrable instruments (drafts not supplied by parliamentary counsel)—Act, s 61 (2)	2
	5	Appropriate person—Act, s 61 (9) (c)	4
	6	Modification of Act, ch 20—Act, s 268 (1)	5

1	Name of regulations
These regulations are the Legislation Regulations 2001.
2	Commencement
These regulations commence on their notification day.
3	Requirements for notification of registrable instruments (drafts supplied by parliamentary counsel)—Act, s 61 (2)
	(1)	This regulation applies if—
	(a)	the maker of, or appropriate person for, a registrable instrument asks the parliamentary counsel to notify the making of the instrument; and
	(b)	the draft instrument for making was supplied by the parliamentary counsel.
	(2)	The request for notification of the instrument must—
	(a)	include the following information about the instrument:
	(i)	its name;
	(ii)	whether it is a subordinate law, a disallowable instrument, a notifiable instrument, an approved form or a commencement notice;
	(iii)	the Parliamentary Counsel’s Office job number for the instrument (including the version and date of the instrument);
	(iv)	the name of the authorising Act or instrument;
	(v)	the authorising provision of that Act or instrument; 
	(vi)	the name (as signed) and title of the instrument maker;
	(vii)	the date of making;
	(viii)	whether the text of the instrument as made is the same as the text of the draft instrument supplied for making by the parliamentary counsel and, if not, a statement of the changes made and a copy of the instrument, or the relevant pages of the instrument, clearly marked to show the changes; and
	(b)	state whether the request for notification is made by or for—
	(i)	the instrument maker; or
	(ii)	the appropriate person for the instrument; and
	(c)	state whether the person making the request for notification is a delegate of the instrument maker or appropriate person; and
	(d)	include the following information about the person making the request for notification:
	(i)	the person’s name and title;
	(ii)	the person’s administrative unit or other agency;
	(iii)	the person’s telephone and fax numbers.
	(3)	The request may also state when the instrument is to be notified.
4	Requirements for notification of registrable instruments (drafts not supplied by parliamentary counsel)—Act, s 61 (2)
	(1)	This regulation applies if—
	(a)	the maker of, or appropriate person for, a registrable instrument asks the parliamentary counsel to notify the making of the instrument; and
	(b)	the draft instrument for making was not supplied by the parliamentary counsel.
	(2)	The request for notification of the instrument must—
	(a)	include the following information about the instrument:
	(i)	its name;
	(ii)	the year it is made;
	(iii)	the number allocated to it by the parliamentary counsel under the Act, section 59;
	(iv)	whether it is a subordinate law, a disallowable instrument, a notifiable instrument, an approved form or a commencement notice;
	(v)	the name of the authorising Act or instrument;
	(vi)	the authorising provision of that Act or instrument; 
	(vii)	the name (as signed) and title of the instrument maker; and
	(b)	state whether the request for notification is made by or for—
	(i)	the instrument maker; or
	(ii)	the appropriate person for the instrument; and
	(c)	state whether the person making the request for notification is a delegate of the instrument maker or appropriate person; and
	(d)	include the following information about the person making the request for notification:
	(i)	the person’s name and title;
	(ii)	the person’s administrative unit or other agency;
	(iii)	the person’s telephone and fax numbers; and
	(e)	state whether the instrument repeals or amends another instrument; and
	(f)	include—
	(i)	electronic copies of the instrument as made, in both portable document format (created in Adobe Acrobat 5.0) and rich text format that comply with the requirements mentioned in subregulation (3); and
	(ii)	a statement certifying that the electronic copies of the instrument comply with the requirements mentioned in subregulation (3).
	(3)	For subregulation (2) (f), the requirements are as follows:
	(a)	the instrument must show—
	(i)	the name, or heading and number, of the instrument as required by paragraph (b) or (c); and
	(ii)	the name (as signed) of each maker of the instrument; and
	(iii)	the date of making;
	(b)	for an instrument other than an approved form, the name of the instrument must—
	(i)	include the year the instrument is made; and
	(ii)	be unique; 
	(c)	an approved form must—
	(i)	have a heading that includes the name of the authorising law and a brief indication of the form’s purpose; and
	(ii)	be numbered using a system that gives each form under the authorising law a unique number.
	(4)	The request may also state when the instrument is to be notified.
5	Appropriate person—Act, s 61 (9) (c)
	(1)	This regulation applies to a registrable instrument other than—
	(a)	a registrable instrument made or approved (however described) by the Executive; or
	(b)	rules of a court or tribunal.
	(2)	The appropriate person for the registrable instrument is the chief executive responsible for the provision under which the instrument is made.
6	Modification of Act, ch 20—Act, s 268 (1)
The Act, chapter 20 (Transitional) is modified by inserting the following sections:
271B	Commencement of Acts that refer to notification or notice in the Gazette
	(1)	Subsection (2) applies to an Act if—
	(a)	the Act has a commencement provision that provides for the Act, or a provision of the Act, to commence on the day the Act is notified in the Gazette; and
	(b)	the Act has not been notified in the Gazette before the commencement of this section.

	(2)	The Act or provision commences on the Act’s notification day.
	(3)	Subsection (4) applies to an Act if—
	(a)	the Act has a commencement provision that provides for the Act, or a provision of the Act, to commence on a day fixed by notice in the Gazette; and
	(b)	the day has not been fixed by notice in the Gazette before the commencement of this section.
	(4)	The Act or provision commences on the date or at the time fixed by commencement notice notified under this Act.
	(5)	This section expires 1 year after it commences.
271C	Commencement of registrable instruments that refer to notification or notice in the Gazette
	(1)	Subsection (2) applies to a registrable instrument if—
	(a)	the instrument has a commencement provision that provides for the instrument, or a provision of the instrument, to commence on the day the instrument is notified in the Gazette; and
	(b)	the instrument has not been notified in the Gazette before the commencement of this section.

	(2)	The instrument or provision commences on the instrument’s notification day.
	(3)	Subsection (4) applies to a registrable instrument if—
	(a)	the instrument has a commencement provision that provides for the instrument, or a provision of the instrument, to commence on a day fixed by notice in the Gazette; and
	(b)	the day has not been fixed by notice in the Gazette before the commencement of this section.
	(4)	The Act or provision commences on the date or at the time fixed by commencement notice notified under this Act.
	(5)	This section expires 1 year after it commences.

Endnote
Notification
1	Notified under the Legislation Act 2001 on 13 September 2001.
	(see www.legislation.act.gov.au)

Printed by Authority of the ACT Government Printer
© Australian Capital Territory 2001