Explanatory Memorandum
(Circulated by authority of the Attorney-General, Senator the Honourable George Brandis QC)Notes on clauses
Preliminary
Clause 1 - Short title
1. Clause 1 provides that this Act may be cited as the Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015.
Clause 2 - Commencement
2. Clause 2 provides for the commencement of the Act, as set out in the table.
3. Subclause 2(1) provides that each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
4. The first item of the table provides that sections 1 to 3 and anything in the Act not covered elsewhere by the table commence on the day this Act receives the Royal Assent.
5. The second item of the table provides that Schedule 1, Part 1 (main consequential amendments) commences on the later of the day after the Act receives Royal Assent or the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act. That Schedule contains the major reforms to the legislative instruments framework.
6. The third item of the table provides that Schedule 1, Part 2 (contingent consequential amendments) commences on the later of the commencement of Schedule 1, Part 1 or immediately after the commencement of Schedule 4 to the Intellectual Property Laws Amendment Act 2015. However, those provisions will not commence at all if that Act does not commence. This is because the amendments are only required if that Act commences.
7. The fourth item of the table provides that Schedule 2, Part 1 (amendments to the Family Law Act relating to court rules) commences on a day to be fixed by Proclamation. If this does not occur within six months of the date on which the Act receives Royal Assent, the provisions will commence on the day after the end of that period.
8. The fifth item in the table provides that Schedule 2, Part 2 (amendments to the Legislative Instruments Act relating to court rules) commences at the same time as the provisions covered by table item 4. However, these provisions do not commence at all if that commencement is at the same time or after the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act. This is because the Legislative Instruments Act will be renamed the Legislation Act when the Acts and Instruments (Framework Reform) Act commences.
9. The sixth item in the table provides that Schedule 2, Part 3 (amendments to the Legislation Act relating to court rules) commences on the later of the commencement of the provisions covered by table item 4 and the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act.
10. The seventh item in the table provides that Schedule 2, Part 4 (application of the amendments relating to court rules) commences at the same time as the provisions covered by table item 4.
11. The eighth item in the table provides that Schedule 3 (amendments relating to forms) commences on the later of the day after the Act receives Royal Assent and the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act.
12. Subclause 2(2) provides that any information in column 3 of the table is not part of the Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Clause 3 - Schedules
13. Clause 3 provides that legislation specified in a Schedule to this Act is amended or repealed by items in the Schedule concerned. Any other item in a Schedule to this Act has effect according to its terms.