Senate

Acts Interpretation Amendment (Legislative Instruments) Bill 2005

Explanatory Memorandum

(Circulated by authority of the Attorney-General, the Honourable Philip Ruddock MP)

Notes on clauses

Clause 1 - Short title

1. Clause 1 provides for the Act to be cited as the Acts Interpretation Amendment (Legislative Instruments) Act 2005 .

Clause 2 - Commencement

2. Clause 2 provides for the commencement of the Act. Subclause 2(1) provides that each provision of the Act specified in column 1 of the table commences, or is taken to have commenced, as specified in column 2 of the table.

3. There are three items in the table in subclause 2(1).

(a)
Item 1 explains that the short title, the commencement provisions and section 3, which provides for the Schedule to the Act, will all commence on Royal Assent.
(b)
Item 2 explains that Schedule 1, item 1, commences immediately after the commencement of the Legislative Instruments Act 2003 which, as explained in column 3 of the table, commenced on 1 January 2005.
(c)
Item 3 explains that Schedule 1, items 2 to 5, commence immediately after the commencement of the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 which, as explained in column 3 of the table, commenced on 1 January 2005. Items 2 to 5 of the Schedule amend provisions in the Acts Interpretation Act as amended by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act. Item 3 of subclause 2(1) is a separate item from item 2 of subclause 2(1) to reflect the order of commencement of the Legislative Instruments Act and the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act. Both Acts commenced on the same day but the commencement provision in the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act provided that it commenced immediately after the Legislative Instruments Act.

Clause 3 - Schedule

2. Clause 3 provides for the Schedule to the Act. It provides that the provisions of the Acts Interpretation Act 1901 specified in the Schedule are amended as set out in that Schedule. While only one Act is amended by the Schedule, clause 3 appears to indicate that more than one Act is amended. This is because clause 3 is a standard covering clause for Schedules adopting the Office of Parliamentary Counsel's drafting practice whereby, to avoid error, the clause is never modified for a particular case.

3. The amendment made by item 1 of the Schedule inserts a new section into the Acts Interpretation Act. The amendments made by items 2 to 5 of the Schedule make consequential drafting changes in four provisions of the Acts Interpretation Act.


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