Legislation Publication Amendment Act 1997

Legislation Publication Amendment Act 1997

An Act to amend the Legislation Publication Act 1996

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Legislation Publication Amendment Act 1997 .

2.   Commencement

This Act commences on the day on which the Legislation Publication Act 1996 commences.

3.   Principal Act

In this Act, the Legislation Publication Act 1996 is referred to as the Principal Act.

4.   Section 3 amended (Interpretation)

Section 3 of the Principal Act is amended by inserting the following definitions after the definition of "referential words":

reprint includes consolidation;

reprint change, in relation to an Act or statutory rule, means any change to that Act or statutory rule made under this Act or any other Act which authorised the reprint of Acts or statutory rules;

5.    Section 5 amended (Database)

Section 5 of the Principal Act is amended as follows:

(a) by omitting from subsection (3)(a) "all" and substituting "certain";

(b) by omitting from subsection (4) "original copies of the database in electronic or printed form and cause the original" and substituting "copies of the database in electronic form and cause those".

6.    Section 6 amended (Authorised versions of Acts and statutory rules)

Section 6 of the Principal Act is amended as follows:

(a) by omitting from subsection (2) "appears" and substituting "is";

(b) by omitting from subsection (3) "contained";

(c) by inserting the following subsection after subsection (3) :

(3A)  The authorised version of an Act passed after the commencement of this Act and not on the database is that Act as deposited and kept among the records of the Supreme Court.

(d) by inserting in subsection (4) "and not on the database" after "Act" second occurring;

(e) by omitting from subsection (5) "appears" and substituting "is";

(f) by inserting the following subsection after subsection (6) :

(6A)  The authorised version of a statutory rule made after the commencement of this Act and not on the database is that statutory rule as filed and recorded by the Chief Parliamentary Counsel.

(g) by omitting from subsection (7) "The" and substituting "Subject to subsection (8) , the";

(h) by inserting in subsection (8) "and is not on the database" after "this Act";

(i) by omitting from subsection (10) "authorised copies" and substituting "copies of authorised versions";

(j) by omitting from subsection (10) "reproduction" and substituting "production";

(k) by inserting in subsection (11) "or the reprint of an Act or a statutory rule" after "rule".

7.   Section 7 amended (Offences)

Section 7 of the Principal Act is amended by inserting the following subsection after subsection (2):

(3)  A person who falsely represents that a copy of an Act or statutory rule is the authorised version of the Act or statutory rule is guilty of an offence.

Penalty:  Fine not exceeding 100 penalty units.

8.    Section 30 amended (Incorporation into Act of certain provisions)

Section 30 of the Principal Act is amended by inserting "that provision or" after "made to".

9.    Section 35 repealed

Section 35 of the Principal Act is repealed.

10.    Section 37 repealed

Section 37 of the Principal Act is repealed.

11.   Acts amended

The Acts specified in Schedule 1 are amended as specified in that Schedule.

SCHEDULE 1 - Acts amended

Section 11

1.    Section 10 is amended by omitting "printed by the Government Printer" and substituting "produced under section 6(10) of the Legislation Publication Act 1996 ".

2.    Section 13 is amended as follows:

(a) by omitting paragraph (a) from subsection (1) and substituting the following paragraph:

(a) an Act may be cited –

(i) by its short title or by reference to the regnal year or calendar year in which it is passed; and

(ii) by its number;

(b) by omitting from subsection (1)(c) "secular" and substituting "calendar";

(c) by omitting subsection (3) and substituting the following subsection:

(3)  Any reference referred to in subsections (1) and (2) is to be made –

(a) in the case of an Act of this State on the database, within the meaning of the Legislation Publication Act 1996 , according to a copy of the Act produced or purporting to be produced under section 6(10) of the Legislation Publication Act 1996 ; and

(b) in the case of any other Act of this State, according to a copy of the Act printed or purporting to be printed by the Government Printer; and

(c) in the case of any other Act or Ordinance, according to a copy of the Act or Ordinance printed by the official printer for the Government of the United Kingdom, the Commonwealth or the State or Territory.

3.   Section 24 is amended by omitting from paragraph (ba) "or electrical" and substituting ", electrical or electronic".

4.    Section 38A(2)(a) is amended by inserting "or is exempted from the operation of that Act" after " 1953 ".

5.    Section 43(1) is amended as follows:

(a) by inserting the following definition after the definition of foreign country :

Government Printer includes a person –

(a) authorised by the Government of this State to print any matter; or

(b) approved by the Chief Parliamentary Counsel under section 6(10) of the Legislation Publication Act 1996 ;

(b) by omitting the definition of the Government Printer .

6.    Section 47 is amended as follows:

(a) by inserting in subsection (3)(a) "or are exempted from the operation of that Act" after " 1953 ";

(b) by inserting in subsection (10) "and before the commencement of the Legislation Publication Act 1996 " after "Act";

(c) by inserting after subsection (10) the following subsections:

(11)  Every regulation made on or after the commencement of the Legislation Publication Act 1996 is to be filed and recorded by the Chief Parliamentary Counsel in the responsible Department in relation to the Legislation Publication Act 1996 .

(12)  A regulation may not be challenged, or its validity may not be impugned, on the ground of the non-observance of subsection (11) and it is not necessary to prove compliance with that subsection in any proceedings under or in relation to that regulation.

1.    Section 2 is amended as follows:

(a) by inserting in subsection (1) the following definition before the definition of "rule-making authority":

print means produce under section 6(10) of the Legislation Publication Act 1996 ;

(b) by inserting in subsection (2) "or class of instruments" after "instrument".

2.    Section 5 is amended as follows:

(a) by omitting subsection (1) and substituting the following subsection:

(1)  After a statutory rule is made, it is to be –

(a) numbered in a manner approved by the Chief Parliamentary Counsel; and

(b) sent to a person approved in writing by the Chief Parliamentary Counsel under section 6(10) of the Legislation Publication Act 1996 for the purposes of production or distribution.

(b) by omitting subsections (3) and (4) and substituting the following subsections:

(3)  A statutory rule that is produced with the omission of any formal or introductory parts is to contain, in a form the Chief Parliamentary Counsel approves –

(a) a reference to the Act or other authority under which it was made; and

(b) the date on which it was made; and

(c) the date on which it takes effect.

(4)  A statutory rule, or a reprint of a statutory rule under the Legislation Publication Act 1996 , that is produced in accordance with subsection (3) is taken in all circumstances and for all purposes to be a copy of that statutory rule or reprint, despite any omission of the formal or introductory parts.

3.    Section 7 is repealed.

4.   Section 9 is amended as follows:

(a) by inserting "(1)" before "The Governor";

(b) by omitting paragraphs (a) and (b) and substituting the following paragraphs:

(a) regulating the form and manner in which statutory rules are to be printed;

(b) providing for the producing of all or any statutory rules with the omission of any formal or introductory parts the Chief Parliamentary Counsel or a person authorised by the Chief Parliamentary Counsel may approve or direct;

(c) by omitting paragraph (f) and substituting the following paragraphs:

(f) providing for and regulating the examination and revision of drafts of statutory rules proposed to be made, and prohibiting the making of statutory rules until the drafts of those statutory rules have been examined and, if necessary or desirable, revised by the Chief Parliamentary Counsel; and

(g) relating to the filing and recording of statutory rules.

(d) by inserting the following subsection:

(2)  The regulations may authorise any matter to be determined from time to time, applied or regulated by the Minister or the Chief Parliamentary Counsel.

[Second reading presentation speech made in:

House of Assembly on 26 NOVEMBER 1997

Legislative Council on 3 DECEMBER 1997]