{"id":"legislative-instruments-act-1978","name":"Legislative Instruments Act 1978","slug":"legislative-instruments-act-1978","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105761,"registerId":"sa-legislative-instruments-act-1978-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Legislative Instruments Act 1978","content":"South Australia\nLegislative Instruments Act 1978\nAn Act relating to the making and publishing of certain legislative instruments; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n4\tInterpretation\n7\tAmendment of Acts Interpretation Act\n9\tApplication of Act\nPart 2—Making of regulations etc\n10\tMaking of regulations\n10AA\tCommencement of regulations\n10A\tRegulations to be referred to Legislative Review Committee\n11\tPublishing of regulations\n13\tNumbering of regulations\nPart 3A—Expiry of regulations\n16A\tRegulations to which this Part applies\n16B\tExpiry of regulations to which this Part applies\n16C\tPostponement of expiry\nPart 3B—Commencement of other legislative instruments\n16D\tCommencement of legislative instruments other than regulations\nPart 4—Miscellaneous\n16E\tGeneral provisions relating to all legislative instruments\n16F\tDisallowance of repealing legislative instrument revives repealed instrument\n16G\tTime of disallowance\n17\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Legislative Instruments Act 1978.\n4—Interpretation\nIn this Act, unless the contrary intention appears—\nregulation means any regulation, rule or by-law made under an Act.\n7—Amendment of Acts Interpretation Act\n\t(3)\tWhere in any Act passed before the commencement of this Act a reference express or implied is made to section 38 of the Acts Interpretation Act 1915, as in force from time to time, that reference shall, on and after that commencement, be read as a reference to section 10 of this Act.\n9—Application of Act\n\t(1)\tThe Governor may, by proclamation, declare that a provision of this Act that is expressed as applying only to regulations applies, in addition, to other legislative instruments of a kind specified in the proclamation.\n\t(2)\tA proclamation may be made under this section in relation to a legislative instrument made under an Act regardless of whether that Act was passed before or after the commencement of this section.\nPart 2—Making of regulations etc\n10—Making of regulations\n\t(1)\tWhere, by any Act passed after the sixteenth day of December, 1915, it is provided that regulations shall or may be made and it is not provided by whom such regulations shall or may be made, any regulation made under, or by virtue of, such provision, shall be made by the Governor.\n\t(3)\tExcept as is expressly provided in any other Act, every regulation must be laid before each House of Parliament within six sitting days of that House after it has been made.\n\t(4)\tA failure to have a regulation laid before both Houses of Parliament in accordance with subsection (3) does not affect the operation or effect of that regulation.\n\t(5)\tThe Legislative Review Committee of the Parliament may report a failure to comply with subsection (3) to each House of Parliament.\n\t(5a)\tSubject to this section, where—\n\t(a)\ta regulation has been laid before each House of Parliament in accordance with subsection (3); or\n\t(b)\ta report has been made in respect of a regulation by the Legislative Review Committee of the Parliament in accordance with subsection (5),\nthat regulation may be disallowed by resolution of either House of Parliament and will cease to have effect.\n\t(5b)\tA resolution is not effective for the purposes of subsection (5a) unless—\n\t(a)\tin the case of a regulation that has been laid before the House in accordance with subsection (3)—the resolution is passed in pursuance of a notice of motion given within 14 sitting days (which need not fall within the same session of Parliament) after the regulation was laid before the House; or\n\t(b)\tin the case of a regulation that has been the subject of a report by the Legislative Review Committee of the Parliament in accordance with subsection (5)—the resolution is passed in pursuance of a notice of motion given within six sitting days (which need not fall within the same session of Parliament) after the report of the Legislative Review Committee of the Parliament has been made to the House.\n\t(6)\tWhen a resolution referred to in subsection (5a) of this section has been passed, notice of that resolution shall forthwith be published in the Gazette.\n\t(7)\tNotwithstanding anything in this section, where in any Act, whether passed before or after the commencement of this Act, it is provided that any regulation shall be made by an authority other than the Governor and that that regulation shall be confirmed by the Governor or some other authority before it shall have the force of law, that regulation shall not take effect unless it has been confirmed as required.\n10AA—Commencement of regulations\n\t(1)\tSubject to this and any other Act, a regulation that is required to be laid before Parliament comes into operation four months after the day on which it is made or from such later date or time as is specified in the regulation.\n\t(2)\tA regulation that is required to be laid before Parliament—\n\t(a)\tmay come into operation on an earlier date, or at an earlier time, specified in the regulation if the Minister responsible for the administration of the Act under which the regulation is made certifies that, in his or her opinion, it is necessary or appropriate that the regulation come into operation on an earlier date or at an earlier time; but\n\t(b)\tmay not come into operation earlier than the date on which it is made unless that earlier operation is authorised by the Act under which the regulation is made.\n\t(3)\tSubject to any other Act, a regulation that is not required to be laid before Parliament comes into operation on the day on which it is made or from such later date or time as is specified in the regulation.\n\t(4)\tA document appearing to be a certificate under subsection (2) will, in the absence of proof to the contrary, be accepted as such in any legal proceedings.\n\t(5)\tA certificate under subsection (2) cannot be called in question in any legal proceedings.\n10A—Regulations to be referred to Legislative Review Committee\n\t(1)\tEvery regulation that is required to be laid before Parliament is, when made, referred by force of this section to the Legislative Review Committee of the Parliament.\n\t(1a)\tIf a Minister issues a certificate under section 10AA(2) in relation to a regulation, the Minister must cause a report setting out the reasons for the issue of the certificate to be given to the Committee as soon as practicable after the making of the regulation.\n\t(2)\tThe Committee must inquire into and consider all regulations referred to it.\n\t(3)\tThe Committee must consider all regulations as soon as conveniently practicable after they are referred to the Committee and, if Parliament is then in session, must do so before the end of the period within which any motion for disallowance of the regulations may be moved in either House of Parliament.\n\t(4)\tIf the Committee forms the opinion that any regulations ought to be disallowed—\n\t(a)\tit must report the opinion and the grounds for the opinion to both Houses of Parliament before the end of the period within which any motion for disallowance of the regulations may be moved in either House; and\n\t(b)\tif Parliament is not in session, it may, before reporting to Parliament, report the opinion and the grounds for the opinion to the authority by which the regulations were made.\n11—Publishing of regulations\nEvery regulation shall, forthwith after it is made, be published in the Gazette or under the Legislation Revision and Publication Act 2002.\n13—Numbering of regulations\n\t(1)\tFor the purposes of this section the Governor may by proclamation appoint a day.\n\t(2)\tRegulations (other than regulations made by an authority other than the Governor) made on and after the day appointed under subsection (1) of this section shall be numbered consecutively as nearly as may be in the order in which they were made beginning with the number \"1\" in each year.\nPart 3A—Expiry of regulations\n16A—Regulations to which this Part applies\nThis Part applies in relation to all regulations except—\n\t(a)\tregulations that are not required to be laid before Parliament; and\n\t(ab)\tby‑laws made under the Local Government Act 1934; and\n\t(c)\tregulations amending an Act; and\n\t(d)\tregulations made pursuant to an agreement for uniform legislation between this State and the Commonwealth or other States or Territories of the Commonwealth and prescribed for the purposes of this section; and\n\t(e)\ta regulation under the Landscape South Australia Act 2019—\n\t(i)\tdeclaring a watercourse, lake or well to be a prescribed watercourse, lake or well or declaring that part of the State is a surface water prescribed area; or\n\t(ii)\tamending or repealing a regulation referred to in subparagraph (i); and\n\t(eb)\tregulations under the Southern State Superannuation Act 2009; and\n\t(ec)\tregulations under Schedule 1A clause 1(1) of the Superannuation Act 1988 (including regulations in force when this paragraph comes into operation); and\n\t(ed)\tregulations operating pursuant to savings provisions or transitional arrangements under an Act (where the Act under which the regulations were made has been repealed); and\n\t(f)\tregulations made by a person, body or authority other than the Governor.\n16B—Expiry of regulations to which this Part applies\n\t(1)\tSubject to this Part, a regulation to which this Part applies will, unless it has already expired or been repealed, expire as follows:\n\t(a)\ta regulation made before 1 January 1976, and all subsequent regulations amending that regulation, will expire on 1 September 1992;\n\t(b)\ta regulation made on or after 1 January 1976 but before 1 January 1980, and all subsequent regulations amending that regulation, will expire on 1 September 1993;\n\t(c)\ta regulation made on or after 1 January 1980 but before 1 June 1982, and all subsequent regulations amending that regulation, will expire on 1 September 1994;\n\t(d)\ta regulation made on or after 1 June 1982 but before 1 April 1984, and all subsequent regulations amending that regulation, will expire on 1 September 1995;\n\t(e)\ta regulation made on or after 1 April 1984 but before 1 June 1985, and all subsequent regulations amending that regulation, will expire on 1 September 1996;\n\t(f)\ta regulation made on or after 1 June 1985 but before 1 January 1987, and all subsequent regulations amending that regulation, will expire on 1 September 1997;\n\t(g)\ta regulation made on or after 1 January 1987, and all subsequent regulations amending that regulation, will expire on 1 September of the year following the year in which the tenth anniversary of the day on which the regulation was made falls.\n\t(2)\tFor the purposes of this section, a regulation will be taken to have been made on the day on which it was published in the Gazette or on the day on which it was first published under the Legislation Revision and Publication Act 2002 (whichever occurs first).\n16C—Postponement of expiry\n\t(1)\tThe regulations may postpone the expiry of a regulation under this Part for a period or periods not exceeding two years at a time and not exceeding four years in aggregate.\n\t(2)\tIf a regulation postponing the expiry of another regulation is disallowed, that other regulation ceases to have effect—\n\t(a)\ton the date on which the notice of disallowance is published in the Gazette; or\n\t(b)\ton the date of expiry,\nwhichever occurs last.\nPart 3B—Commencement of other legislative instruments\n16D—Commencement of legislative instruments other than regulations\n\t(1)\tA legislative instrument other than a regulation—\n\t(a)\tmay come into operation at a date or time specified in the instrument; but\n\t(b)\tmay not come into operation earlier than the date on which it is made, approved or adopted unless that earlier operation is authorised by the Act under which the instrument is made, approved or adopted.\n\t(2)\tA legislative instrument other than a regulation that contains no provision fixing the date or time of its commencement comes into operation on the day on which it is made, approved or adopted.\nPart 4—Miscellaneous\n16E—General provisions relating to all legislative instruments\n\t(1)\tAll conditions and preliminary steps required for the making of a legislative instrument must be presumed to have been satisfied and performed, in the absence of evidence to the contrary.\n\t(2)\tIf an Act authorises or requires a matter to be regulated by a legislative instrument, the power may be exercised by prohibiting the matter or any aspect of the matter.\n\t(3)\tIf a legislative instrument may be made in relation to a matter, the legislative instrument may provide for the matter by applying, adopting or incorporating (with or without modification) a provision of any of the following:\n\t(a)\tan Act or a legislative instrument of this or any other jurisdiction, as in force at a particular time or as in force from time to time;\n\t(b)\tan instrument of a legislative character made under an Act of this or any other jurisdiction, as in force at a particular time or as in force from time to time;\n\t(c)\tany other document, as in force at a particular time.\n16F—Disallowance of repealing legislative instrument revives repealed instrument\nIf a legislative instrument that repeals another legislative instrument, or part of another legislative instrument, is disallowed under this or any other Act, the legislative instrument or part sought to be repealed revives.\n16G—Time of disallowance\nIf a legislative instrument is disallowed under this or any other Act, the legislative instrument continues to have effect until the end of the day on which it is disallowed.\n17—Regulations\n\t(1)\tThe Governor may make such regulations as are necessary or expedient for the purposes of this Act.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nFormerly\nSubordinate Legislation Act 1978\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1978\n3\n Subordinate Legislation Act 1978\n23.2.1978\n1.6.1978 (Gazette 11.5.1978 p1652)\n1983\n41\n Acts Interpretation Act Amendment Act 1983\n16.6.1983\n1.7.1983 (Gazette 30.6.1983 p1754)\n1987\n28\n Subordinate Legislation Act Amendment Act 1987\n23.4.1987\n23.4.1987\n1991\n50\n Parliamentary Committees Act 1991\n21.11.1991\n11.2.1992 (Gazette 5.12.1991 p1668)\n1992\n29\n Local Government (Reform) Amendment Act 1992\n21.5.1992\nSch (para (b))—21.5.1992 and Sch (para (a))—1.7.1992 (Gazette 21.5.1992 p1468)\n1992\n31\n Subordinate Legislation (Expiry) Amendment Act 1992\n21.5.1992\n1.8.1992 (Gazette 9.7.1992 p561)\n1994\n21\n Statutes Amendment (Attorney-General's Portfolio) Act 1994\n26.5.1994\n7.7.1994 (Gazette 7.7.1994 p4)\n1997\n35\n Statutes Amendment (Water Resources) Act 1997\n19.6.1997\nPt 7 (s 30)—2.7.1997 (Gazette 26.6.1997 p3052)\n2002\n32\n Legislation Revision and Publication Act 2002\n28.11.2002\nSch (cl 3)—1.1.2003 (Gazette 19.12.2002 p4735)\n2004\n34\n Natural Resources Management Act 2004\n5.8.2004\nSch 4 (cl 42)—1.7.2005 (Gazette 30.6.2005 p2093)\n2005\n13\n Acts Interpretation (Miscellaneous) Amendment Act 2005\n21.4.2005\nSch 1 (cl 1)—3.10.2005 (Gazette 29.9.2005 p3547)\n2006\n44\n Statutes Amendment (Justice Portfolio) Act 2006\n14.12.2006\nPt 29 (ss 61 & 62)—18.1.2007 (Gazette 18.1.2007 p234)\n2009\n27\n Southern State Superannuation Act 2009\n11.6.2009\nSch 1 (cl 6)—1.8.2009 (Gazette 23.7.2009 p3282)\n2012\n37\n Statutes Amendment and Repeal (Superannuation) Act 2012\n25.10.2012\nPt 6 (s 18)—19.11.2012 (Gazette 15.11.2012 p5007)\n2016\n28\n Statutes Amendment (Attorney-General's Portfolio) Act 2016\n16.6.2016\nPt 12 (s 28)—16.6.2016: s 2(1)\n2019\n33\n Landscape South Australia Act 2019\n21.11.2019\nSch 5 (cl 85)—1.7.2020 (Gazette 25.6.2020 p3502)\n2021\n36\n Legislation Interpretation Act 2021\n30.9.2021\nSch 1 (cll 15 to 22)—1.1.2022 (Gazette 23.12.2021 p4619)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\nsubstituted by 32/2002 Sch cl 3(a)\n1.1.2003\n\namended by 36/2021 Sch 1 cl 15\n1.1.2022\nPt 1\n\n\ns 1\namended by 36/2021 Sch 1 cl 16\n1.1.2022\ns 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2005\ns 3\namended by 28/1987 s 2\n23.4.1987\n\ndeleted by 32/2002 Sch cl 3(b)\n1.1.2003\ns 4\n\n\nauthorised legal practitioner\ndeleted by 32/2002 Sch cl 3(c)\n1.1.2003\nregulation\namended by 28/1987 s 3\n23.4.1987\n\namended by 29/1992 Sch para (a)\n1.7.1992\nss 5 and 6\ndeleted by 32/2002 Sch cl 3(d)\n1.1.2003\ns 7\n\n\ns 7(1) and (2)\ndeleted by 32/2002 Sch cl 3(e)\n1.1.2003\ns 8\ndeleted by 32/2002 Sch cl 3(f)\n1.1.2003\ns 9\nsubstituted by 36/2021 Sch 1 cl 17\n1.1.2022\nPt 2\n\n\ns 10\n\n\ns 10(2)\ndeleted by 31/1992 s 3\n1.8.1992\ns 10(3) and (4)\nsubstituted by 21/1994 s 28(a)\n7.7.1994\ns 10(5)\ndeleted by 41/1983 s 28\n1.7.1983\n\ninserted by 21/1994 s 28(a)\n7.7.1994\ns 10(5a) and (5b)\ninserted by 21/1994 s 28(a)\n7.7.1994\ns 10(6)\namended by 21/1994 s 28(b)\n7.7.1994\ns 10AA\ninserted by 31/1992 s 4\n1.8.1992\ns 10AA(1)\namended by 13/2005 Sch 1 cl 1(1)\n3.10.2005\ns 10AA(2)\namended by 13/2005 Sch 1 cl 1(2), (3)\n3.10.2005\ns 10AA(3)\namended by 13/2005 Sch 1 cl 1(4)\n3.10.2005\ns 10A\ninserted by 50/1991 Sch Pt 2\n11.2.1992\ns 10A(1a)\ninserted by 31/1992 s 5\n1.8.1992\ns 11\namended by 32/2002 Sch cl 3(g)\n1.1.2003\n\namended by 36/2021 Sch 1 cl 18\n1.1.2022\ns 12\ndeleted by 32/2002 Sch cl 3(h)\n1.1.2003\nPt 3\ndeleted by 32/2002 Sch cl 3(i)\n1.1.2003\nPt 3A\ninserted by 28/1987 s 4\n23.4.1987\ns 16A\namended by 29/1992 Sch para (b)\n21.5.1992\n\namended by 31/1992 s 6(a), (b)\n1.8.1992\n\n(b) deleted by 31/1992 s 6(a)\n1.8.1992\n\namended by 35/1997 s 30\n2.7.1997\n\namended by 34/2004 Sch 4 cl 42\n1.7.2005\n\n(d) deleted by 44/2006 s 61\n18.1.2007\n\namended by 27/2009 Sch 1 cl 6\n1.8.2009\n\namended by 37/2012 s 18(1), (2)\n19.11.2012\n\n(d) inserted by 28/2016 s 28\n16.6.2016\n\namended by 33/2019 Sch 5 cl 85(1)\n1.7.2020\n\n(ea) deleted by 33/2019 Sch 5 cl 85(2)\n1.7.2020\n\namended by 36/2021 Sch 1 cl 19(1), (2)\n1.1.2022\ns 16B\n\n\ns 16B(1)\nsubstituted by 31/1992 s 7\n1.8.1992\n\namended by 36/2021 Sch 1 cl 20(1)\n1.1.2022\ns 16B(2)\namended by 36/2021 Sch 1 cl 20(2)\n1.1.2022\ns 16C\ninserted by 31/1992 s 8\n1.8.1992\nPt 3B\ninserted by 36/2021 Sch 1 cl 21\n1.1.2022\nPt 4\n\n\nss 16E—16G\ninserted by 36/2021 Sch 1 cl 22\n1.1.2022\ns 17\n\n\ns 17(2)\ndeleted by 32/2002 Sch cl 3(j)\n1.1.2003\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Justice Portfolio) Act 2006\n62—Transitional provision\n\t(1)\tSubject to this section, Part 3A of the Act as amended by section 61 of the Statutes Amendment (Justice Portfolio) Act 2006 applies in relation to a regulation that was, immediately before the commencement of that section, exempt from expiry under that Part because of the repealed provision.\n\t(2)\tA regulation to which this subsection applies will, unless it has already expired or been revoked, be taken to expire under Part 3A of the Act on 1 September of the year following the year in which section 61 of the Statutes Amendment (Justice Portfolio) Act 2006 commences (and section 16C of the Act applies in relation to the expiry of such a regulation in the same way as it applies to the expiry of any other regulation under Part 3A of the Act).\n\t(3)\tSubsection (2) applies to the following regulations:\n\t(a)\tCriminal Investigation (Extraterritorial Offences) Regulations 1986;\n\t(b)\tPrisoners (Interstate Transfer) Regulation 1984.\nNote—\nThese regulations have not expired under Part 3A of the Act prior to the commencement of this section because of the application of the repealed provision.\n\t(4)\tIn this section—\nAct means the Subordinate Legislation Act 1978;\nrepealed provision means section 16A(d) of the Act.\nHistorical versions\nReprint No 1—15.1.1992\n\nReprint No 2—11.2.1992\n\nReprint No 3—1.7.1992\n\nReprint No 4—1.8.1992\n\nReprint No 5—7.7.1994\n\nReprint No 6—2.7.1997\n\nReprint No 7—1.1.2003\n\n1.7.2005\n\n3.10.2005\n\n18.1.2007\n\n1.8.2009\n\n19.11.2012\n\n16.6.2016\n\n1.7.2020\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible. The document provided contains no legislative content — it is a website error page generated after a site migration on 24 March 2026. The original intent and any amendments to the Legislative Instruments Act 1978 (SA) cannot be evaluated from the material supplied."},"complexity_factors":["No legislative text was provided — only a 404 error page was returned from the SA legislation website","Complexity cannot be meaningfully assessed without access to the actual Act","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe legislation you've attempted to retrieve — the **Legislative Instruments Act 1978 (SA)** — could not be loaded. The link or bookmark used to access this document appears to be outdated following a **website update on 24 March 2026** by the South Australian Office of Parliamentary Counsel.\n\n**What this means for you:**\n- The actual text of the law was **not provided** — only an error page was returned.\n- No meaningful legal analysis of the Act's content, purpose, or impact can be performed.\n- If you need to read this legislation, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for the Act by name.\n- You can also report broken links to **OPCWeb@sa.gov.au**.\n\n**What we do know generally:** The Legislative Instruments Act 1978 (SA) historically dealt with how subordinate legislation (rules, regulations, and other instruments made under Acts of Parliament) are made, registered, and scrutinised in South Australia. However, **no analysis of its specific provisions can be confirmed** from the content provided."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act’s scope has been extended beyond the original focus on \"regulations\". Section 9 allows the Governor by proclamation to apply provisions expressed as applying only to regulations to other specified legislative instruments. More recently, separate parts and provisions addressing \"other legislative instruments\" were added (see Part 3B, s16D, and Part 4, ss16E–16G). The legislative history records multiple amendments and insertions that broadened exceptions, added commencement and general provisions for legislative instruments, and retitled the Act (historical notes and reprints). These changes shift the instrument types and processes covered by the Act from a narrower subordinate‑regulation regime to a wider legislative‑instrument regime (see s9; Pt 3B and Pt 4 insertions)."},"complexity_factors":["Multiple commencement regimes: different rules for regulations required to be laid (s10AA) and other legislative instruments (16D).","Detailed parliamentary scrutiny and disallowance timings with procedural windows (s10(3), s10(5a)–(5b), s10A).","Extensive expiry/sunsetting scheme with many exceptions and a date-based schedule (Part 3A, ss16A–16B).","Executive discretions insulated from judicial review (Minister's certificate not challengeable, s10AA(5)).","Broad incorporation-by-reference and presumption of validity for preliminary steps (s16E(1), (3)), which raise interpretive and practical drafting complexity.","Interplay between disallowance, repeal and revival rules (ss16F–16G) requiring sequencing attention.","Historical and ongoing amendments expanding scope from 'regulations' to 'legislative instruments' (legislative history, s9)."],"plain_english_summary":"### What this Act does (mechanically)\n\n- The Act sets rules for how subordinate law (mostly called \"regulations\") is made, published, brought into force, reviewed by Parliament, and—where relevant—automatically expires. Key mechanics include:\n  - Who makes regulations: if an Act says regulations may be made but does not name an author, the Governor makes them (s10(1)).\n  - Parliamentary scrutiny: except where another Act provides otherwise, every regulation must be laid before each House of Parliament within six sitting days after it is made (s10(3)). The Legislative Review Committee receives every regulation required to be laid and must inquire into them (s10A(1)–(3)). The Committee can report that regulations ought to be disallowed and set out grounds (s10A(4)).\n  - Disallowance process and timing: a regulation that has been laid or reported may be disallowed by either House (s10(5a)). Time limits for giving notice of a disallowance motion are specified: 14 sitting days after laying, or 6 sitting days after a Committee report, depending on the route (s10(5b)). If disallowed, notice is published in the Gazette (s10(6)). If an instrument that repealed another is disallowed, the earlier instrument revives (s16F). A disallowed instrument continues to operate until the end of the day it is disallowed (s16G).\n  - Commencement: generally a regulation required to be laid comes into operation four months after it is made unless the regulation specifies a later date (s10AA(1)). A Minister can certify that earlier commencement is necessary or appropriate, but such a certificate is insulated from challenge in court (s10AA(2), (4)–(5)). Instruments not required to be laid come into operation on the day made unless they specify otherwise (s10AA(3)). For other kinds of legislative instruments, similar constraints are set out: they cannot usually operate before the date they are made unless the enabling Act authorises earlier operation (16D).\n  - Publication and numbering: every regulation must be published in the Gazette or under the Legislation Revision and Publication Act 2002 (s11). The Governor may require regulations to be consecutively numbered each year (s13).\n  - Sunset/expiry rules: most regulations are subject to automatic expiry under a timetable (Part 3A, ss16A–16B). Regulations may be postponed from expiring by further regulations, but only for limited periods (s16C).\n  - General powers: legislative instruments are presumed to have satisfied any required preliminary steps (s16E(1)). Instruments may prohibit matters if authorised (s16E(2)) and may apply, adopt or incorporate other Acts, instruments or documents (s16E(3)).\n  - Governor may make regulations to support this Act (s17(1)).\n\n### Who is affected\n\n- The executive branch and instruments-makers: the Governor, Ministers and any authority authorised to make subordinate instruments (s10(1), s10(7)). Ministers and agencies are affected by the laying, publication and commencement rules (ss10, 10AA, 11).\n- Parliament and its committees: the Legislative Review Committee must consider referred regulations and may report disallowance grounds (s10A). Either House can move to disallow (s10(5a)).\n- Persons and businesses regulated by subordinate instruments: the timing and legal force of regulations determine when legal obligations, prohibitions or rights take effect (ss10AA, 16D, 16E).\n\n### Why it matters (stated purpose and an evidence‑based test of trade-offs)\n\n- The Act’s stated purpose (from its long title and structure) is to regulate the making and publishing of certain legislative instruments. That is implemented by setting default makers, publication and laying rules, timing for commencement, parliamentary review pathways, and expiry deadlines (see long title; ss10, 11, 10AA, 10A, 16B).\n\n- Testing that stated purpose against trade-offs and incentives (by reference to the Act’s mechanics):\n  - Who pays: administrative time and resources are required from departments to draft, lay and publish instruments and to prepare reports and certificates (ss10(3), 11, 10A(1a)). Parliament and its committees spend sitting time and effort on review (s10A(2)–(3)).\n  - Who decides: the Governor is the default maker (s10(1)); Ministers can certify earlier commencement (s10AA(2)); the Legislative Review Committee decides what to report (s10A(2)–(4)); either House decides on disallowance subject to procedural time limits (s10(5a)–(5b)).\n  - Incentives and behaviour changes: agencies will time drafting and publication to fit the four‑month default commencement timeline or will seek a Minister’s certificate to bring an instrument into earlier effect (s10AA(1)–(2)). Makers may prefer instrument forms that are not required to be laid to avoid the laid/Committee process (compare s10AA(3) with s10A(1)). The expiry timetable and limited postponement windows (ss16B–16C) create pressure to review and renew policy instruments periodically.\n  - Compliance burden and administrative discretion: the Act presumes required preliminary steps have been taken unless proved otherwise (s16E(1)), reducing procedural challenge risk but placing the burden on objectors. The Minister’s certification for earlier commencement is expressly insulated from judicial challenge (s10AA(5)), concentrating discretion in the executive and limiting court oversight of timing decisions.\n  - Trade-offs and opportunity costs: the four‑month default delay gives Parliament time to review but delays regulatory effect; the Minister’s immunity from challenge for early commencement speeds executive action but reduces legal avenues to challenge timing decisions (s10AA(1)–(2), (5)). The expiry mechanism forces periodic legislative review at the cost of repeated drafting and administrative renewal (ss16B–16C).\n  - Implementation risks and substitution effects: because some instruments are outside the \"laid\" regime (s16A exclusions and s10AA(3)), policy-makers can shift regulatory measures to different instrument types to alter scrutiny and commencement timing, changing the practical oversight intensity.\n\n### Concrete actionable points for readers\n\n- If you make or are subject to subordinate rules, check whether the instrument must be laid (s10(3)) and whether the four‑month default commencement applies (s10AA(1)).\n- If you are challenging the timing of an instrument, note that a Minister’s certificate bringing a regulation into earlier effect is not subject to court challenge under the Act (s10AA(5)).\n- If you rely on a regulation that was repealed by a later instrument which is then disallowed, the earlier regulation revives (s16F).\n\n(References in parentheses are to the sections of the Act cited.)"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act has grown significantly beyond its original 1978 scope. Originally titled the 'Subordinate Legislation Act 1978', it primarily dealt with regulations. Over 40+ years of amendments, it has expanded to cover: (1) automatic expiry/sunsetting of regulations (Part 3A added 1987); (2) mandatory referral to the Legislative Review Committee (section 10A added 1991); (3) commencement rules for non-regulation legislative instruments (Part 3B added 2021); (4) general provisions on incorporation by reference and presumptions applying to all legislative instruments (sections 16E-16G added 2021). The 2021 amendments particularly broadened the Act from a 'regulations Act' to a general 'legislative instruments Act', reflected in the title change and new Part 3B."},"complexity_factors":["Multiple overlapping time periods for disallowance motions (14 sitting days vs 6 sitting days depending on pathway)","Complex sunset/expiry provisions with staggered dates based on when regulations were originally made (section 16B(1) has 7 different date ranges with different expiry dates)","Numerous exceptions to the automatic expiry regime (section 16A lists 9 categories including nested sub-paragraphs)","Interaction between this Act and the Acts Interpretation Act 1915 (section 7)","Conditional commencement rules distinguishing between regulations that must be laid before Parliament and those that need not (sections 10AA vs 16D)","Presumption of validity clause (section 16E(1)) creating a rebuttable legal presumption","Revival mechanism for repealed instruments if the repealing instrument is disallowed (section 16F)"],"plain_english_summary":"This South Australian law sets the rules for how **regulations** (a type of subordinate or delegated legislation made by the government, not Parliament) are created, published, reviewed, and automatically expire.\n\n**What it does:**\n- **Who makes regulations:** If an Act says regulations \"may\" or \"shall\" be made but doesn't say who makes them, the Governor makes them (section 10).\n- **Parliamentary oversight:** Most regulations must be tabled (laid before) both Houses of Parliament within 6 sitting days. Even if this doesn't happen, the regulation still works, but the Legislative Review Committee can report the failure (sections 10(3)-(5)).\n- **Disallowance:** Either House of Parliament can \"disallow\" (cancel) a regulation by passing a resolution within specific time limits—14 sitting days if tabled normally, or 6 sitting days after a Committee report (sections 10(5a)-(5b)).\n- **Commencement dates:** Regulations generally start 4 months after being made, unless a Minister certifies it's necessary for them to start earlier (section 10AA).\n- **Automatic expiry (sunset clauses):** Most regulations automatically expire after 10 years (calculated from specific anniversary dates in section 16B). This prevents old regulations lingering on the books. The Governor can postpone expiry for up to 4 years total (section 16C).\n- **Exceptions:** Some regulations don't expire automatically—those not tabled in Parliament, local government by-laws, regulations amending Acts, certain water and superannuation regulations, and regulations made by bodies other than the Governor (section 16A).\n- **Other instruments:** The Act also covers non-regulation legislative instruments (like rules or by-laws), setting when they commence and how disallowance works (Parts 3B and 4).\n\n**Why it matters:**\nThis law ensures that delegated law-making power isn't unchecked. It forces the executive government to publish what it's doing, lets Parliament veto regulations it disagrees with, and ensures regulations don't stay in force forever without review. The automatic expiry mechanism is particularly important—it forces the government to actively decide whether to keep, update, or scrap old regulations rather than letting them gather dust."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/legislative-instruments-act-1978","history":"/api/acts/legislative-instruments-act-1978/history","analysis":"/api/acts/legislative-instruments-act-1978/analysis","conflicts":"/api/acts/legislative-instruments-act-1978/conflicts","importantCases":"/api/acts/legislative-instruments-act-1978/important-cases","documents":"/api/acts/legislative-instruments-act-1978/documents"}}