Rules Publication Act 1953

Rules Publication Act 1953

An Act to make provision with respect to the publication and printing of subordinate legislation and for matters incidental thereto

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 and commencement

(1)  This Act may be cited as the Rules Publication Act 1953 .

(2)  This Act shall commence on the first day of January 1954.

2.   Interpretation

(1)  [Section 2 Subsection (1) amended by No. 36 of 1958, s. 4 and Sched. 3 ]In this Act, unless the contrary intention appears –

[Section 2 Subsection (1) amended by No. 63 of 1997, Applied:23 Mar 1998] print means produce under section 6(10) of the Legislation Publication Act 1996 ;

rule-making authority means a person (other than the Governor) or a body of persons, whether incorporated or unincorporated, authorized by or under an Act to make statutory rules, however described in that Act;

statutory rule means –

(a) a regulation, rule, or by-law made under the authority of an Act by the Governor or by a rule-making authority;

(b) a proclamation or notice, or an order-in-council, order, or other instrument that fixes the date of commencement of an Act or enactment or that –

(i) repeals or amends; or

(ii) extends, restricts, varies, modifies, or affects the operation of –

the provisions, scope, or application of an Act or enactment; and

(c) an instrument of a legislative character made in the exercise of the prerogative rights of the Crown and having force in this State –

but does not include a regulation, rule, or by-law, or any other instrument of a legislative character, that is made by a local authority or by a person or body of persons having jurisdiction limited to a district, locality, or part of the State.

(2)  [Section 2 Subsection (2) amended by No. 63 of 1997, Sched. 1, Applied:23 Mar 1998] If a question arises as to whether an instrument or class of instruments is a statutory rule for the purposes of this Act, that question shall be determined by the Attorney-General, whose decision thereon is final.

3.   

4.   Exemptions

[Section 4 Subsection (1) amended by No. 46 of 1991, s. 5 and Sched. 3 ][Section 4 Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 ]

(1)  [Section 4 Subsection (1) amended by No. 39 of 1957, s. 2 and Sched. 1 ]This Act does not apply to –

(a) a notice under subsection (2) of this section or a notice under subsection (2) of section five;

(b) .  .  .  .  .  .  .  .  

(c) .  .  .  .  .  .  .  .  

(d) [Section 4 Subsection (1) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] .  .  .  .  .  .  .  .  

(e) .  .  .  .  .  .  .  .  

(f) an order or award, or a decree or decision, of a judicial tribunal; or

(g) an instrument that is exempted from the operation of this Act by the Attorney-General pursuant to subsection (2) of this section.

(2)  The Attorney-General may, by notice in writing under his hand, exempt from the operation of this Act any instrument or class of instruments specified in the notice, if, in his opinion, it is unnecessary or undesirable that the instrument or class of instruments should be numbered and printed in accordance with this Act.

(3)  An instrument that is exempted, by or under this section, from the operation of this Act, shall, if so required by or under the Act under or for the purposes of which it is made, given, issued, or published, be published or notified in the Gazette in accordance with that requirement as if this Act had not been enacted.

5.   Printing, numbering, and publication of statutory rules

(1)  [Section 5 Subsection (1) substituted by No. 63 of 1997, Sched. 1, Applied:23 Mar 1998] 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.

(2)  Where, by or under an Act, statutory rules (however described in that Act) are required to be published or notified in the Gazette, a notice in the Gazette of those statutory rules having been made and of the place where copies of them can be obtained and containing a statement indicating the general purport or effect of the statutory rules is a sufficient compliance with that requirement.

(3)  [Section 5 Subsection (3) substituted by No. 63 of 1997, Sched. 1, Applied:23 Mar 1998] 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)  [Section 5 Subsection (4) amended by No. 99 of 1982, s. 3 and Sched. 2, Pt. II ][Section 5 Subsection (4) substituted by No. 63 of 1997, Sched. 1, Applied:23 Mar 1998] 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.

6.   Citation of statutory rules

Without prejudice to any other mode of citation, a statutory rule may be cited –

(a) by its short title, if any;

(b) by reference to the year in which it is printed and the number given to it pursuant to this Act; or

(c) by the expression "Statutory Rules" or the expression "S.R.", followed by the year in which it is made and the number given to it pursuant to this Act.

7.   

8.   

9.   Regulations

[Section 9 Amended by No. 10 of 1992, s. 17 ][Section 9 Substituted by No. 63 of 1997, Sched. 1, Applied:23 Mar 1998]

(1)  The Governor may make regulations for the purposes of this Act, and, in particular and without prejudice to the generality of this section, may make regulations –

(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) providing for the appointment, and regulating the functions and proceedings, of a committee to advise the Attorney-General with respect to questions relating to –

(i) the numbering, printing, or publication of statutory rules or any class or description thereof;

(ii) the exemption of instruments from the operation of this Act;

(iii) the preparation and publication of annual volumes of statutory rules; and

(iv) the administration of this Act generally;

(d) providing for and regulating the preparation and publication of annual volumes of statutory rules and the tables and indices (if any) to be included therein;

(e) prescribing the cases or classes of cases in which the exercise of a statutory power by a rule-making authority constitutes or does not constitute the making of a statutory rule for the purposes of this Act; and

(f) [Section 9 Subsection (1) amended by No. 18 of 2013, s. 8, Applied:20 Jun 2013] 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.

(g) [Section 9 Subsection (1) amended by No. 18 of 2013, s. 8, Applied:20 Jun 2013] .  .  .  .  .  .  .  .  

(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.