Legislation Publication Act 1996
An Act to establish a database as the source of the authorised version of legislation in force in this State, to provide for the production and distribution of authorised copies of legislation on the database, to give evidentiary status to those copies, to provide for the making of editorial changes to legislation and for the reprinting of legislation, to repeal the Acts Custody Act 1858 and the Acts Reprinting Act 1979 and to amend certain other Acts
[Royal Assent 10 July 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:
PART 1 - Preliminary
This Act may be cited as the Legislation Publication Act 1996 .
This Act commences on a day to be proclaimed.
In this Act –Act means an enactment of the Parliament of this State;current legislative drafting practice means the legislative drafting practice for the time being in use in Tasmania;database means the database referred to in section 5 ;law means –(a) an Act; and(b) a statutory rule;made includes enacted;minor error means –(a) a typographical error; or(b) a grammatical error; or(c) a spelling error; or(d) an error of punctuation; or(e) an error in cross-referencing to a provision of a law or other instrument;[Section 3 Amended by No. 18 of 2013, s. 4, Applied:20 Jun 2013] original Act means an Act on which the Royal Assent has been signified;[Section 3 Amended by No. 18 of 2013, s. 4, Applied:20 Jun 2013] original statutory rule means a statutory rule containing the signature or seal of the person or body that made the statutory rule;referential words means any of the words specified in section 4 occurring in conjunction with a number to designate a provision of a law;[Section 3 Amended by No. 63 of 1997, s. 4, Applied:23 Mar 1998] reprint includes consolidation;[Section 3 Amended by No. 63 of 1997, s. 4, Applied:23 Mar 1998] 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;[Section 3 Amended by No. 18 of 2013, s. 4, Applied:20 Jun 2013] State Archivist means the person appointed as State Archivist under section 7 of the Archives Act 1983 ;statutory rule has the same meaning as in the Rules Publication Act 1953 .
The following are referential words:(a) "of this Act";(b) "to this Act";(c) "of these regulations";(d) "to these regulations";(e) "of this Schedule";(f) "of this Chapter";(g) "of this Part";(h) "of this Division";(i) "of this Subdivision";(j) "of this section";(k) "of this subsection";(l) "of this regulation";(m) "of this subregulation";(n) "of this paragraph";(o) "of this subparagraph";(p) "of this clause";(q) "of this subclause";(r) "of this item";(s) "before-mentioned";(t) "afore-mentioned";(u) "hereof" or "hereto";(v) "thereof" or "thereto";(w) "said" or "aforesaid".
PART 2 - Database
(1) The Chief Parliamentary Counsel must establish a database in electronic form of legislation of this State.(2) The database is to be under the control of the Chief Parliamentary Counsel.(3) The database is to consist of –(a) [Section 5 Subsection (3) amended by No. 63 of 1997, s. 5, Applied:23 Mar 1998] certain Acts for the time being in force and, if any of those Acts have been amended and the amendments are in force, those Acts with the amendments incorporated; and(b) all other Acts enacted after the commencement of this Act; and(c) certain statutory rules for the time being in force and, if any of those statutory rules have been amended and the amendments are in force, those statutory rules with the amendments incorporated; and(d) all statutory rules made after the commencement of this act.(4) [Section 5 Subsection (4) amended by No. 63 of 1997, s. 5, Applied:23 Mar 1998] The Chief Parliamentary Counsel must produce or cause to be produced copies of the database in electronic form and cause those copies to be held securely in a place separate from the place at which the database is held.(5) Copies of the database produced under subsection (4) are to be treated for all purposes as if they were the database.
6. Authorised versions of Acts and statutory rules
(1) The Acts and statutory rules of this State are to be taken in all circumstances and for all purposes to be as they appear from time to time in the authorised version of the Acts and statutory rules.(2) [Section 6 Subsection (2) amended by No. 63 of 1997, s. 6, Applied:23 Mar 1998] Subject to subsections (3) and (4) , on and after the commencement of this Act, the authorised version of an Act at any particular date is that version of the Act which is on the database as at that date.(3) [Section 6 Subsection (3) amended by No. 63 of 1997, s. 6, Applied:23 Mar 1998] [Section 6 Subsection (3) substituted by No. 18 of 2013, s. 5, Applied:20 Jun 2013] The authorised version of an Act that is not on the database is that Act as transmitted to the Archives Office of Tasmania in accordance with section 32 .(3A) [Section 6 Subsection (3A) inserted by No. 63 of 1997, s. 6, Applied:23 Mar 1998] [Section 6 Subsection (3A) omitted by No. 18 of 2013, s. 5, Applied:20 Jun 2013] . . . . . . . .(4) [Section 6 Subsection (4) amended by No. 63 of 1997, Applied:23 Mar 1998] [Section 6 Subsection (4) substituted by No. 18 of 2013, s. 5, Applied:20 Jun 2013] Subject to subsection (8) , the authorised version of an Act passed before the commencement of this Act and not on the database, as at a particular date before the commencement of this Act, is that original Act, as transmitted to the Archives Office of Tasmania in accordance with section 32 , read and construed with any Act amending that Act as so transmitted.(5) [Section 6 Subsection (5) amended by No. 18 of 2013, s. 5, Applied:20 Jun 2013] [Section 6 Subsection (5) amended by No. 63 of 1997, s. 6, Applied:23 Mar 1998] Subject to subsections (6) , (6A) , (6B) , (7) and (7A) , on and after the commencement of this Act, the authorised version of a statutory rule at any particular date is the version of the statutory rule which is on the database as at that date.(6) [Section 6 Subsection (6) substituted by No. 18 of 2013, s. 5, Applied:20 Jun 2013] The authorised version of a statutory rule, other than a statutory rule made by the judges of the Supreme Court, made before the commencement of this Act and not on the database is that original statutory rule as transmitted to the Archives Office of Tasmania in accordance with section 32A .(6A) [Section 6 Subsection (6A) inserted by No. 63 of 1997, s. 6, Applied:23 Mar 1998] [Section 6 Subsection (6A) substituted by No. 18 of 2013, s. 5, Applied:20 Jun 2013] The authorised version of a statutory rule, other than a statutory rule made by the judges of the Supreme Court, made on or after the commencement of this Act and not on the database is that original statutory rule as transmitted to the Archives Office of Tasmania in accordance with section 32A .(6B) [Section 6 Subsection (6B) inserted by No. 18 of 2013, s. 5, Applied:20 Jun 2013] The authorised version of a statutory rule made by the judges of the Supreme Court and not on the database is that original statutory rule as held among the records of the Supreme Court and transmitted to the Archives Office of Tasmania in accordance with section 32A .(7) [Section 6 Subsection (7) amended by No. 63 of 1997, s. 6, Applied:23 Mar 1998] [Section 6 Subsection (7) substituted by No. 18 of 2013, s. 5, Applied:20 Jun 2013] Subject to subsection (8) , the authorised version of a statutory rule, other than a statutory rule made by the judges of the Supreme Court, that is not on the database as at a particular date is that original statutory rule, as transmitted to the Archives Office of Tasmania in accordance with section 32A , read and construed with any statutory rule amending that statutory rule as so transmitted.(7A) [Section 6 Subsection (7A) inserted by No. 18 of 2013, s. 5, Applied:20 Jun 2013] Subject to subsection (8) , the authorised version of a statutory rule made by the judges of the Supreme Court that is not on the database as at a particular date is that original statutory rule, as kept among the records of the Supreme Court and transmitted to the Archives Office of Tasmania in accordance with section 32A , read and construed with any statutory rule as so deposited and transmitted.(8) [Section 6 Subsection (8) amended by No. 63 of 1997, Applied:23 Mar 1998] If an Act passed or a statutory rule made before the commencement of this Act and is not on the database was reprinted under the Acts Reprinting Act 1979 , the authorised version of that Act or statutory rule, as at a particular date before the commencement of this Act, is the reprint of that Act or statutory rule as in force at that date.(9) All Acts and statutory rules on the database are to include a certificate of the Chief Parliamentary Counsel indicating that –(a) the Act or statutory rule is the authorised version at the date specified in the certificate; and(b) the Act or statutory rule incorporates all amendments, if any, made before and in force as at the date shown on the certificate and any reprint changes –(i) made under any Act, in force before the commencement of this Act, authorising the reprint of the Acts and statutory rules; or(ii) permitted under this Act and made before that date.(10) [Section 6 Subsection (10) amended by No. 63 of 1997, s. 6, Applied:23 Mar 1998] The Chief Parliamentary Counsel may approve the production of copies of authorised versions of Acts or statutory rules and copies of reprints of Acts or statutory rules in electronic or printed form by a person approved in writing by the Chief Parliamentary Counsel for the purposes of production or distribution.(11) [Section 6 Subsection (11) amended by No. 63 of 1997, s. 6, Applied:23 Mar 1998] A copy of an Act or a statutory rule or the reprint of an Act or a statutory rule produced under subsection (10) is to contain a statement to the effect that the copy is produced with the approval of the Chief Parliamentary Counsel.
(1) A person who falsely includes in a document purporting to be an Act or statutory rule a certificate purporting to be a certificate under section 6 (9) is guilty of an offence.Penalty: Fine not exceeding 100 penalty units.(2) A person who falsely represents that a copy of an Act or statutory rule is produced with the approval of the Chief Parliamentary Counsel is guilty of an offence.Penalty: Fine not exceeding 100 penalty units.(3) [Section 7 Subsection (3) inserted by No. 63 of 1997, s. 7, Applied:23 Mar 1998] 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.
PART 3 - Reprints
Division 1 - Authorisation and compilation of reprints
8. Application of provisions of this Part
The provisions of this Part are to apply in relation to the authorisation and compilation of a reprint of a law.
9. Power to authorise and cause reprints to be compiled
(1) The Chief Parliamentary Counsel may authorise and cause to be compiled a reprint of a law.(2) In a reprint of a law under this Act, the text of the law may be given incorporating any change to the law permitted under Division 2 of this Part.(3) A reprinted law is to include a note stating the date of the reprint.
10. Reprint changes not to change effect of law
Section 9 does not permit any change to the text of a provision of a law that would change the effect of the provision.
If in a reprint of a law the text of the law is given as permitted under this Act, the law has effect as if the changes effected under this Act had been made expressly by another law that amended the law immediately before the reprint date.
Division 2 - Alterations
12. Citations and references to law
(1) If a law has a citation that includes a comma before or after a year in the citation, the citation or a reference to the law may be given omitting the comma.(2) If a law has a citation that begins and ends with inverted commas, the citation or a reference to the law may be given omitting the inverted commas.(3) If a law has a citation that begins with the word "The", the citation or a reference to the law may be given omitting the word.(4) If an Act has a citation that does not include the word "Act", the citation or a reference to the Act may be given including the word "Act" and any necessary consequential amendments may be made to the citation or reference.(5) If a law has a citation that does not include a year, the citation or a reference to the law may be given including the year in which the law was made.(6) In a provision of a law, a reference to another law may be given omitting from the reference any words occurring after the first year.(7) If a law does not have a citation, it may be given a citation that is consistent with current legislative drafting practice.(8) If a law has a citation that is inconsistent with current legislative drafting practice in a way that is not mentioned in subsections (1) to (6) , the citation may be given in a way that is consistent with current legislative drafting practice.(9) If there is a reference to a law's citation and since the reference was made the citation has been amended by another law or under subsections (1) to (8) , the reference may be given using the citation as amended.(10) In this section,law includes a law of the Commonwealth, another State or a Territory.
(1) A reference to a law, or a provision of a law, for which any other law or provision has been substituted may be altered to the substituted law or provision.(2) In this section,law includes a law of the Commonwealth, another State or a Territory.
(1) If a provision of a law uses a word indicating a gender or that could be taken to indicate a gender, the provision may be expressed in a way that is consistent with current legislative drafting practice.(2) If the name of an office established by a law uses a word indicating a gender or that could be taken to indicate a gender –(a) the name of the office may be changed in a way that is consistent with current legislative drafting practice; and(b) any reference in a law to the office may be given in a way that is consistent with current legislative drafting practice.(3) A change in the name of an office does not otherwise affect the office or the holding of the office by the office holder.
(1) A reference in a law to the name or title of a body, office, person, place or thing that has been changed may be given using the name or title as changed.(2) The words "His Majesty the King" or "Her Majesty the Queen" in a law may be changed to the words "Sovereign" or "Crown".
A reference in a law to a body, office, person, place or thing which has been replaced by another body, office, person, place or thing may be given using that other body, office, person, place or thing.
If a provision of a law uses a word that is spelt in a way that is inconsistent with current legislative drafting practice, the word may be spelt in a way that is consistent with current legislative drafting practice.
If a provision of a law uses punctuation that is inconsistent with current legislative drafting practice, the provision may be expressed by using punctuation that is consistent with current legislative drafting practice.
19. Conjunctives and disjunctives
A provision of a law may be expressed by using a conjunctive or disjunctive at the end of the provision if the use of the conjunctive or disjunctive is consistent with current legislative drafting practice.
A provision of a law that contains definitions in a particular order may be expressed so that the definitions are in an order that is consistent with current legislative drafting practice.
A provision of a law that contains provisions in a particular order may be expressed so that the provisions are in an order that is consistent with current legislative drafting practice.
If a penalty provision of a law is expressed in a manner that is inconsistent with current legislative drafting practice, the provision may be expressed in a manner that is consistent with current legislative drafting practice.
23. Relocation of marginal notes
A marginal note to a provision of a law descriptive of the subject matter of that provision may be placed above the provision as the heading to that provision.
The format and printing style of a law, including the setting out of provisions, Schedules and tables, the placement of conjunctives and disjunctives, the use of numbering, lettering and indenting and the use of capital letters, lower case letters, hyphens, italics, bolding and quotation marks, may be changed in a way that is consistent with current legislative drafting practice.
25. Omission of certain provisions
(1) A provision of a law that is spent, has expired or has otherwise ceased to have effect may be omitted.(2) A saving, transitional or validation provision of a law which only applies to a time or event that has passed may be omitted.
26. Omission of certain words and notes
(1) Any unnecessary referential words in a provision of a law may be omitted.(2) Any notes in a provision of a law indicating the legislative history of the provision, the source of the provision or any corresponding provision in another jurisdiction may be omitted.(3) Any words of enactment or notification of a law may be omitted.
27. Numbering and renumbering of provisions
(1) If a provision of a law is unnumbered –(a) the provision may be numbered in a way that is consistent with current legislative drafting practice; and(b) all necessary consequential numbering amendments may be made.(2) If a provision of a law is numbered in a way that is inconsistent with current legislative drafting practice –(a) the provision may be renumbered in a way that is consistent with current legislative drafting practice; and(b) all necessary consequential numbering amendments may be made.(3) If a law has been amended so that the numbering of provisions of the law is significantly different to the way in which the provisions would have been numbered if the law were to be remade –(a) the law may be renumbered in a way that is consistent with current legislative drafting practice; and(b) all necessary consequential numbering amendments may be made.(4) If a provision of a law is numbered or renumbered under this section –(a) a reference in any law to the provision is a reference to the provision as numbered or renumbered; and(b) a reference in the law or another law to the provision may be changed to a reference to the provision as numbered or renumbered.
28. Number, date, time and money, &c.
(1) If a provision of a law expresses any item in a particular way, the item may be expressed in a way that is consistent with current legislative drafting practice.(2) In this section,item means any number, fraction, year, date, time, amount of money, quantity or measurement of a thing.
29. Correction of minor errors
A provision of a law that contains a minor error may be expressed in a different way so as to correct the error.
30. Incorporation into Act of certain provisions
[Section 30 Amended by No. 63 of 1997, s. 8, Applied:23 Mar 1998] A provision of a savings or transitional nature, a validation provision or any other provision contained in an amendment Act which is not by the amendment Act incorporated in another Act may be incorporated as a provision of the Act to which it relates and all necessary consequential amendments may be made to that provision or that Act.
Division 3 - Miscellaneous provisions relating to reprints
(1) Nothing in this Act requires every provision of a law which has been incorporated in another Act to be shown in a reprint of the law.(2) If a provision of a law is not shown in a reprint of the law, the reprint is to indicate that fact in a suitable place.
PART 4 - Miscellaneous
[Section 32 Substituted by No. 18 of 2013, s. 6, Applied:20 Jun 2013](1) The Registrar of the Supreme Court must, as soon as practicable after the commencement of the Legislation Publication Amendment Act 2013 , transmit to the Archives Office of Tasmania, after consultation with the State Archivist, all original Acts held among the records of the Supreme Court immediately before the commencement of that Act.(2) The Clerk of the Legislative Council must, as soon as practicable after the commencement of the Legislation Publication Amendment Act 2013 , transmit to the Archives Office of Tasmania, after consultation with the State Archivist, that Act and all original Acts that receive the Royal Assent on or after the commencement of that Act.
32A. Custody of statutory rules and certain other rules
[Section 32A Inserted by No. 18 of 2013, s. 6, Applied:20 Jun 2013](1) The Secretary of the responsible Department in relation to the Justices Act 1959 must, as soon as practicable after the commencement of the Legislation Publication Amendment Act 2013 , transmit to the Archives Office of Tasmania, after consultation with the State Archivist, all original statutory rules, other than statutory rules or other rules made by the judges of the Supreme Court, held among the records of that department immediately before the commencement of that Act.(2) The Chief Parliamentary Counsel must, as soon as practicable after the commencement of the Legislation Publication Amendment Act 2013 , transmit to the Archives Office of Tasmania, after consultation with the State Archivist, all original statutory rules, other than statutory rules or other rules made by the judges of the Supreme Court, held among the records of the Office of Parliamentary Counsel immediately before the commencement of that Act.(3) The Registrar of the Supreme Court must, as soon as practicable after the commencement of the Legislation Publication Amendment Act 2013 , transmit to the Archives Office of Tasmania, after consultation with the State Archivist, all original statutory rules made by the judges of the Supreme Court and held among the records of the Supreme Court immediately before the commencement of that Act.(4) The Chief Parliamentary Counsel must transmit all original statutory rules, other than statutory rules or other rules made by the judges of the Supreme Court, made in each year on or after the commencement of the Legislation Publication Amendment Act 2013 to the Archives Office of Tasmania by not later than 31 January in the following year.(5) The Registrar of the Supreme Court must transmit all original statutory rules made in each year on or after the commencement of the Legislation Publication Amendment Act 2013 by the judges of the Supreme Court to the Archives Office of Tasmania by not later than 31 January in the following year.
(1) The Governor may make regulations for the purposes of this Act.(2) The regulations may prescribe changes, not otherwise permitted under this Act, that are permitted to be made to the text of a law in a reprint of that law.(3) The regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.
The amendments effected by this section have been incorporated into authorised versions of the following Acts:[Section 35 Repealed by No. 63 of 1997, s. 9, Applied:23 Mar 1998] . . . . . . . .(a) Acts Custody Act 1858 ;(b) Acts Reprinting Act 1979 .
The amendments effected by this section have been incorporated into the authorised version of the Evidence Act 1910 .[Section 37 Repealed by No. 63 of 1997, s. 10, Applied:23 Mar 1998] . . . . . . . .
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –(a) the administration of this Act is assigned to the Premier; and(b) the Department responsible to the Premier in relation to the administration of this Act is the Department of Premier and Cabinet.