Australian Capital Territory

Legislation Regulations 2003
Subordinate Law SL2003-17

The Australian Capital Territory Executive makes the following regulations under the Legislation Act 2001.
Dated 26 June 2003.
Jon Stanhope
Minister
Bill Wood
Minister

Australian Capital Territory

Legislation Regulations 2003
Subordinate Law SL2003-17
made under the
Legislation Act 2001

    
Contents
	Page
Part 1	General
	1	Name of regulations	1
	2	Commencement	1
	3	Dictionary	1
	4	Notes	1
Part 2	Notification of registrable instruments
	5	Meaning of notification number in pt 2	1
	6	Requirements about form of registrable instruments (other than approved forms)—Act, s 61 (2)	1
	7	Requirements about form of approved forms—Act, s 61 (2)	1
	8	Notification of subordinate laws—Act, s 61 (2)	1
	9	Notification of disallowable instruments, notifiable instruments (other than approved forms) and commencement notices—Act s 61 (2)	1
	10	Notification of approved forms—Act, s 61 (2)	1
	11	Appropriate person for registrable instrument—Act, s 61 (12) (c)	1
Part 3	Repeal
	12	Repeal of Legislation Regulations 2001	1
Dictionary		1

Part 1	General
1	Name of regulations
These regulations are the Legislation Regulations 2003.
2	Commencement
These regulations commence on 1 July 2003.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Dictionary
The dictionary at the end of these regulations is part of these regulations.
Note 1	The dictionary at the end of these regulations defines certain words and expressions used in these regulations, and includes references (signpost definitions) to other words and expressions defined elsewhere in these regulations.
	For example, the signpost definition ‘notification number, for part 2 (Notification of registrable instruments)—see regulation 5.’ means that the expression ‘notification number’ is defined in regulation 5 for that part.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire regulations unless the definition, or another provision of the regulations, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Notes
A note included in these regulations is explanatory and is not part of these regulations.
Note	See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2	Notification of registrable instruments
5	Meaning of notification number in pt 2
In this part:
notification number, for a registrable instrument, means the number allocated to the instrument by the parliamentary counsel under the Act, section 59 (Numbering).
6	Requirements about form of registrable instruments (other than approved forms)—Act, s 61 (2)
	(1)	This regulation sets out requirements about the form of a registrable instrument (other than an approved form) that must be complied with for the parliamentary counsel to notify the making of the instrument.
	(2)	The registrable instrument must include the following:
	(a)	a unique name that includes the year when the instrument was made; 
	(b)	the name of the authorising law; 
	(c)	the authorising provision of that law; 
	(d)	the instrument’s notification number;
	(e)	the name (as signed) and title of each maker of the instrument; 
	(f)	the date the instrument was made. 
7	Requirements about form of approved forms—Act, s 61 (2)
	(1)	This regulation sets out requirements about the form of an approved form that must be complied with for the parliamentary counsel to notify the making of the approved form.
	(2)	The approved form must—
	(a)	include the following:
	(i)	a brief indication of the form’s purpose; 
	(ii)	the name of the authorising law; 
	(iii)	the authorising provision of that law; 
	(iv)	the form’s notification number; and
	(b)	be accompanied by a written statement that includes—
	(i)	the name (as signed) and title of the person who approved the form; and
	(ii)	the date the form was approved.
Example for par (a) (i)
an approved form with the heading ‘Application for hawkers licence’
Note	An example is part of the regulations, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	In addition to complying with subregulation (2) (a) (i), the approved form may also be numbered using a system that gives each form under the authorising law a unique number. 
	(4)	Instead of complying with subregulation (2) (b), the approved form may include—
	(a)	the name (as signed) and title of the person who approved the form; and
	(b)	the date the form was approved.
8	Notification of subordinate laws—Act, s 61 (2)
	(1)	This regulation sets out the other requirements that must be complied with for the parliamentary counsel to notify the making of a subordinate law.
	(2)	The person requesting notification must give the parliamentary counsel a written request for notification that gives—
	(a)	the information about the person required under subregulation (3); and
	(b)	the information and material required under subregulation (4) in relation to the subordinate law.
	(3)	The information required about the person is as follows:
	(a)	the person’s name and title; 
	(b)	the person’s administrative unit, court, tribunal or other agency;
	(c)	the person’s telephone number; 
	(d)	whether the person is making the request as the maker of the subordinate law, the appropriate person or a delegate.
	(4)	The information and material required in relation to the subordinate law are as follows:
	(a)	the name of the subordinate law; 
	(b)	the name of the authorising law; 
	(c)	the authorising provision of that law; 
	(d)	the subordinate law’s notification number;
	(e)	the name (as signed) and title of—
	(i)	for a subordinate law made by the Executive—each Minister who signed the subordinate law; or
	(ii)	for any other rules of a court or tribunal—each maker of the rules; or
	(iii)	for any other by-laws—each maker of the by-laws; 
	(f)	the date the subordinate law was made; 
	(g)	if the draft subordinate law for making was supplied by the parliamentary counsel—
	(i)	the Parliamentary Counsel’s Office job number of the supplied draft; and
	(ii)	a statement certifying that the text of the subordinate law as made is the same as the text of the supplied draft, or a statement of any changes made to the supplied draft;
	(h)	if the draft subordinate law for making was not supplied by the parliamentary counsel—
	(i)	an electronic copy of the subordinate law as made in Microsoft Word or another electronic form approved by the parliamentary counsel; and
	(ii)	a statement certifying that the electronic copy is an exact copy of the text of the subordinate law as made; and 
	(iii)	a statement certifying that the subordinate law complies with regulation 6 or a statement about why the subordinate law should be notified despite the noncompliance; and
	(iv)	whether the subordinate law repeals or amends another instrument and, if so, details that identify the repealed or amended instrument including its name (if any) and notification number (if any); 
	(i)	whether the subordinate law is to be notified as soon as practicable or on a date stated in the request for notification;
	(j)	details about the commencement date, or proposed commencement date, for the subordinate law.
9	Notification of disallowable instruments, notifiable instruments (other than approved forms) and commencement notices—Act s 61 (2)
	(1)	This regulation sets out the other requirements that must be complied with for the parliamentary counsel to notify the making of—
	(a)	a disallowable instrument; or
	(b)	a notifiable instrument (other than an approved form); or
	(c)	a commencement notice.
	(2)	The person requesting notification must give the parliamentary counsel a written request for notification that gives—
	(a)	the information about the person required under subregulation (3); and
	(b)	the information and material required under subregulation (4) in relation to the instrument.
	(3)		The information required about the person is as follows:
	(a)	the person’s name and title; 
	(b)	the person’s administrative unit, court, tribunal or other agency; 
	(c)	the person’s telephone number; 
	(d)	whether the person is making the request as the instrument maker, the appropriate person or a delegate.
	(4)	The information and material required in relation to the instrument are as follows:
	(a)	the name of the instrument; 
	(b)	whether it is a disallowable instrument, a notifiable instrument or a commencement notice; 
	(c)	the name of the authorising law; 
	(d)	the authorising provision of that law; 
	(e)	the instrument’s notification number;
	(f)	the name (as signed) and title of—
	(i)	for an instrument made by the Executive—each Minister who signed the instrument; or
	(ii)	for any other instrument—each maker of the instrument;
	(g)	the date the instrument was made; 
	(h)	whether the instrument repeals or amends another instrument and, if so, details that identify the repealed or amended instrument including its name (if any) and notification number (if any); 
	(i)	if the instrument is an appointment for a period—the date the appointment period ends;
	(j)	if the draft instrument for making was supplied by the parliamentary counsel—
	(i)	the Parliamentary Counsel’s Office job number of the supplied draft; and
	(ii)	a statement certifying that the text of the instrument as made is the same as the text of the supplied draft, or a statement of any changes made to the supplied draft;
	(k)	if the draft instrument for making was not supplied by the parliamentary counsel—
	(i)	an electronic copy of the instrument as made in Microsoft Word or another electronic form approved by the parliamentary counsel; and
	(ii)	a statement certifying that the electronic copy is an exact copy of the text of the instrument as made; and 
	(iii)	a statement certifying that the instrument complies with regulation 6 or a statement about why the instrument should be notified despite the noncompliance; 
	(l)	whether the instrument is to be notified as soon as practicable or on a date stated in the request for notification;
	(m)	details about the commencement date, or proposed commencement date, for the instrument.
10	Notification of approved forms—Act, s 61 (2)
	(1)	This regulation sets out the other requirements that must be complied with for the parliamentary counsel to notify the making of an approved form.
	(2)	The person requesting notification must give the parliamentary counsel a written request for notification that gives—
	(a)	the information about the person required under subregulation (3); and
	(b)	the information and material required under subregulation (4) in relation to the approved form.
	(3)	The information required about the person is as follows:
	(a)	the person’s name and title; 
	(b)	the person’s administrative unit, court, tribunal or other agency; 
	(c)	the person’s telephone number; 
	(d)	whether the person is making the request as the person who approved the form, the appropriate person or a delegate.
	(4)	The information and material required in relation to the approved form are as follows:
	(a)	a brief indication of the form’s purpose;
	(b)	the name of the authorising law;
	(c)	the authorising provision of that law;
	(d)	the form’s notification number;
	(e)	the name (as signed) and title of the person who approved the form;
	(f)	the date the form was approved;
	(g)	whether the approved form repeals another approved form and, if so, details that identify the repealed form (including its notification number);
	(h)	if the draft form for approval was supplied by the parliamentary counsel—
	(i)	the Parliamentary Counsel’s Office job number of the supplied draft; and
	(ii)	a statement certifying that the text of the form as approved is the same as the text of the supplied draft, or a statement of any changes made to the supplied draft;
	(i)	if the draft form for approval was not supplied by the parliamentary counsel—
	(i)	an electronic copy of the form as approved in Microsoft Word or another electronic form approved by the parliamentary counsel; and
	(ii)	a statement certifying that the electronic copy is an exact copy of the text of the form as approved; and 
	(iii)	a statement certifying that the approved form complies with regulation 7 or a statement about why the approved form should be notified despite the noncompliance; 
	(j)	whether the approved form is to be notified as soon as practicable or on a date stated in the request for notification;
	(k)	details about the commencement date, or proposed commencement date, for the approved form.
11	Appropriate person for registrable instrument—Act, s 61 (12) (c)
	(1)	This regulation applies to a registrable instrument other than—
	(a)	a registrable instrument made by the Executive; or
	(b)	rules of a court or tribunal.
	(2)	The appropriate person for the registrable instrument is the chief executive of the administrative unit responsible for the provision under which the instrument is made.

Part 3	Repeal
12	Repeal of Legislation Regulations 2001
The Legislation Regulations 2001 No 34 are repealed.

Dictionary
(see reg 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act, dict, pt 1, defines the following terms:
·	administrative unit
·	commencement notice
·	disallowable instrument
·	Executive
·	Minister
·	notifiable instrument
·	registrable instrument
·	subordinate law
appropriate person—see the Act, section 61 (12).
notification number, for part 2 (Notification of registrable instruments)—see regulation 5.

Endnote
Notification
Notified under the Legislation Act on 30 June 2003.
(see www.legislation.act.gov.au)

© Australian Capital Territory 2003