House of Representatives

Statute Update (Regulations References) Bill 2020

Explanatory Memorandum

(Circulated by authority of the Attorney-General, the Honourable Christian Porter MP)

Notes on clauses

Clause 1 - Short title

1 Clause 1 provides for the short title of the Act to be the Statute Update (Regulations References) Act 2020 .

Clause 2 - Commencement

1 Subclause 2(1) provides that each provision of the Act specified in column 1 of the table set out in the subclause 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.

2 Table item 1 of the table in subclause 2(1) provides for the whole of the Act to commence on a single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day the Act receives the Royal Assent, they are to commence on the day after the end of that period. Providing for this type of commencement will enable associated changes being made to the regulations to commence at the same time. This commencement is in keeping with current Commonwealth drafting practice, which is to avoid retrospective commencements where practicable and provide that periods allowing for Proclamation should be capped.

3 The note at the end of the table explains that the table relates only to the provisions of the Act as originally enacted. The table will not be amended to deal with any later amendments of the Act.

4 Subclause 2(2) provides that any information in column 3 of the table is not part of the Act. It also clarifies that information may be inserted in column 3, or information in it may be edited, in any published version of the Act.

Clause 3 - Schedules

5 Clause 3 provides that legislation specified in a Schedule to the Act is amended or repealed as set out in the applicable items in the Schedule and any other item in a Schedule has effect according to its terms. This is a technical provision to give operational effect to the amendments contained in the Schedules.

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