Australian Capital Territory
Legislation Regulation 2003    
SL2003-17
made under the
Legislation Act 2001
Republication No 3
Effective:  2 June 2005 – 15 November 2006
Republication date: 2 June 2005
Last amendment made by A2005-20

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Legislation Regulation 2003, made under the Legislation Act 2001 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 2 June 2005.  It also includes any amendment, repeal or expiry affecting the republished law to 2 June 2005.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Legislation Regulation 2003
made under the
Legislation Act 2001
    
Contents
	Page
Part 1	General
	1	Name of regulation	2
	3	Dictionary	2
	4	Notes	2
Part 2	Notification of registrable instruments
	5	Meaning of notification number in pt 2	3
	6	Requirements about form of registrable instruments (other than approved forms)—Act, s 61 (2)	3
	7	Requirements about form of approved forms—Act, s 61 (2)	4
	8	Notification of subordinate laws—Act, s 61 (2)	5
	9	Notification of disallowable instruments, notifiable instruments (other than approved forms) and commencement notices—Act s 61 (2)	7
	10	Notification of approved forms—Act, s 61 (2)	9
Dictionary		12
Endnotes
	1	About the endnotes	13
	2	Abbreviation key	13
	3	Legislation history	14
	4	Amendment history	14
	5	Earlier republications	15

Australian Capital Territory
Legislation Regulation 2003     

made under the
Legislation Act 2001

    

  

  

Part 1	General
1	Name of regulation
This regulation is the Legislation Regulation 2003.
3	Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1	The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation.
	For example, the signpost definition ‘notification number, for part 2 (Notification of registrable instruments)—see section 5.’ means that the term ‘notification number’ is defined in section 5 for that part.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Notes
A note included in this regulation is explanatory and is not part of this regulation.
Note	See the 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 section 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 section 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 regulation, 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 subsection (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 subsection (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 section 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 subsection (3); and
	(b)	the information and material required under subsection (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 an authorised person for making the request 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 section 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 section 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 subsection (3); and
	(b)	the information and material required under subsection (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 an authorised person for making the request 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 section 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 section 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 subsection (3); and
	(b)	the information and material required under subsection (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 an authorised person for making the request 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 section 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.

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

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	pt = part	
div = division	r = rule/subrule	
exp = expires/expired	renum = renumbered	
Gaz = gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	

3	Legislation history
This regulation was originally the Legislation Regulations 2003.  It was renamed under the Legislation Act 2001.
Legislation Regulation 2003 SL2003-17
notified LR 30 June 2003 
s 1, s 2 commenced 30 June 2003 (LA s 75 (1))
remainder commenced 1 July 2003 (s 2)
as amended by
Statute Law Amendment Act 2005 A2005-20 sch 2 pt 2.2
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 2 pt 2.2 commenced 2 June 2005 (s 2 (1))
4	Amendment history
Name of regulation
s 1	am R2 LA
Commencement
s 2	om LA s 89 (4)
Notification of subordinate laws—Act, s 61 (2)
s 8	am A2005-20 amdt 2.149
Notification of disallowable instruments, notifiable instruments (other than approved forms) and commencement notices—Act s 61 (2)
s 9	am A2005-20 amdt 2.150
Notification of approved forms—Act, s 61 (2)
s 10	am A2005-20 amdt 2.151
Appropriate person for registrable instrument—Act, s 61 (12), def appropriate person, par (c)
s 11	om A2005-20 amdt 2.152
Repeal
pt 3 hdg	om LA s 89 (3)
Repeal of Legislation Regulation 2001
s 12	om LA s 89 (3)
Dictionary
dict	def appropriate person om A2005-20 amdt 2.153
	def authorised person ins A2005-20 amdt 2.153
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1
1 July 2003	1 July 2003–
2 Nov 2004	not amended	new regulation	
R2
3 Nov 2004	3 Nov 2004–
1 June 2005	not amended	editorial amendments under Legislation Act	

©  Australian Capital Territory 2005