Senate

Acts Interpretation Amendment (Legislative Instruments) Bill 2005

Explanatory Memorandum

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

General Outline and Financial Impact

General Outline

The main purpose of this Bill is to insert a new interpretive provision, section 15AE, into the Acts Interpretation Act 1901 . This provision explains what is meant by the expression 'legislative instrument'. It will make clear that wherever the term 'legislative instrument' appears in legislation, it has a particular meaning, that is, that instruments that are described in legislation as legislative instruments must be in writing and are legislative instruments for the purposes of the Legislative Instruments Act 2003 .

Including the new provision in the Acts Interpretation Act will preclude the need to define the term 'legislative instrument' every time it is used in legislation. The amendment was proposed, and is supported, by the Office of Parliamentary Counsel.

The Bill also contains a small number of consequential amendments to the Acts Interpretation Act.

None of the amendments makes any change to the substance of the law.

Financial Impact

The Bill will have no financial impact.