Legislation Amendment (Sunsetting Review and Other Measures) Bill 2018

Type
Government
Portfolio
Attorney-General
Originating house
House of Representatives
Status
Act
Parliament no
45

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Summary

Amends: the Acts Interpretation Act 1901 to: provide a definition of ‘sitting day’; clarify the circumstances in which a House is taken to have adjourned (in addition to the ordinary concept of adjournment); clarify that certain provisions relating to amended or re-enacted Acts apply to a provision that is re-enacted as a differently numbered provision; and clarify that an instrument may make provision in relation to a matter by applying, adopting or incorporating a matter contained in a version of a document that is no longer current at the time of its incorporation; the Acts Interpretation Act 1901 and Legislation Act 2003 to clarify that an instrument may apply, adopt or incorporate the provisions of rules of court as in force at a particular time or as in force from time to time; the Family Law Act 1975, Federal Circuit Court of Australia Act 1999, Federal Court of Australia Act 1976 and Judiciary Act 1903 to ensure that rules of the federal courts are not subject to the sunsetting framework; the Legislation Act 2003 to: clarify that legislative instruments that have not been laid before Parliament are repealed (and therefore removed from the statute book) rather than simply ceasing to have effect; clarify when a 15 sitting day period commences after an instrument is laid before a House; clarify that references to ‘intergovernmental bodies or schemes’ include those involving the Commonwealth and one or more territories; clarify the interaction between the disallowance, tabling and automatic repeal provisions; broaden the scope of the Attorney-General’s discretion to issue certificates of deferral of sunsetting and declarations of alignment of sunsetting, and provide for greater parliamentary scrutiny of the exercise of these discretions; remove the time restriction on Parliament’s power to roll over the sunsetting date of a legislative instrument; provide that a review of the sunsetting framework will be conducted in 2027; clarify that a legislative or notifiable instrument can commence before the instrument is registered despite any rule or principle of common law; and clarify the limits of the First Parliamentary Counsel’s power to rectify an error on the Federal Register of Legislation and the application of the parliamentary scrutiny mechanisms to instruments that have been rectified under this power; and six Acts to make consequential and contingent amendments.

Progress

House of Representatives
Introduced and read a first time 28 Jun 2018
Second reading moved 28 Jun 2018
Second reading debate 15 Aug 2018
Second reading agreed to 15 Aug 2018
Third reading agreed to 15 Aug 2018
Senate
Introduced and read a first time 15 Aug 2018
Second reading moved 15 Aug 2018
Second reading debate 16 Aug 2018
Second reading agreed to 16 Aug 2018
Third reading agreed to 16 Aug 2018
Finally passed both Houses 16 Aug 2018
Assent
  • Act no: 78
  • Year: 2018
24 Aug 2018

Documents and transcripts

Text of bill

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Word Format PDF Format HTML Format

Explanatory memoranda

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Proposed amendments

No proposed amendments have been circulated.

Schedules of amendments

No documents at present

Bills digest

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Notes

Helpful information

Text of bill

  • First reading: Text of the bill as introduced into the Parliament
  • Third reading: Prepared if the bill is amended by the house in which it was introduced. This version of the bill is then considered by the second house.
  • As passed by both houses: Final text of bill agreed to by both the House of Representatives and the Senate which is presented to the Governor-General for assent.

Explanatory memoranda

  • Explanatory memorandum: Accompanies and provides an explanation of the content of the introduced version (first reading) of the bill.
  • Supplementary explanatory memorandum: Accompanies and explains amendments proposed by the government to the bill.
  • Revised explanatory memorandum: Accompanies and explains the amended version (third reading) of the bill. It supersedes the explanatory memorandum.

Proposed amendments

Circulated by members and senators when they propose to make changes to the bill. For details about the outcome of proposed amendments please refer to either the Votes and Proceedings (House of Representatives) or the Journals (Senate).

Schedules of amendments

Schedules of amendments list amendments agreed to by the second house are communicated to the first house for consideration. Subsequent action by either house may also be included in a schedule.