{"id":"F2005B00003","name":"Legislative Instruments Regulations 2004","slug":"legislative-instruments-regulations-2004","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"373 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31577,"registerId":"commonwealth-F2005B00003-current","compilationNumber":null,"startDate":"2026-04-01","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulations","content":"#### 1 Name of Regulations\n\n  These Regulations are the Legislative Instruments Regulations 2004.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  These Regulations commence on 1 January 2005.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n  In these Regulations:\n\n> Act means the Legislative Instruments Act 2003.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of lodge","content":"#### 4 Meaning of lodge\n\n  (1) For the definition of lodge in subsection 4(1) of the Act, this regulation applies.\n  (2) An electronic document is lodged if:\n    (a) it is in any of the following word processing or data formats:\n    (i) Microsoft Word 97 or later version;\n    (ii) rich text format;\n    (iii) another format agreed, in writing, by the First Parliamentary Counsel; and\n    (b) it is given to the First Parliamentary Counsel:\n    (i) through the electronic lodgement facility at https://lodgment.frli.gov.au; or\n    (ii) in another way agreed, in writing, by the First Parliamentary Counsel.\n  (3) A non‑electronic document is lodged if it is:\n    (a) delivered to the Office of Parliamentary Counsel at 63 Denison Street, Deakin ACT 2600; or\n    (b) posted to the Office of Parliamentary Counsel at Locked Bag 30, Kingston ACT 2604; or\n    (c) delivered, posted or otherwise given to the First Parliamentary Counsel in a way agreed, in writing, by the First Parliamentary Counsel.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Federal Register of Legislative Instruments","content":"## Part 2—Federal Register of Legislative Instruments","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Information to be lodged with legislative instrument for registration","content":"#### 5 Information to be lodged with legislative instrument for registration\n\n  For section 21 of the Act, a person who is required to lodge a legislative instrument for registration must also lodge with the First Parliamentary Counsel the following information about the instrument:\n    (a) the name and relevant provision of the enabling legislation;\n    (b) a brief description of the subject matter of the instrument;\n    (c) a reference identifying any document incorporated by reference in the instrument;\n    (d) the title of the instrument and of any instrument that it affects;\n    (e) the number of pages in the instrument;\n    (f) for an instrument to which section 28 of the Act applies:\n    (i) the reference number (if any) allocated to the instrument when it was made; and\n    (ii) if the instrument was required to be notified or published in the Gazette—the date of the notification or publication; and\n    (iii) if the instrument was required to be laid before each House of the Parliament—the date when the instrument was laid before each House; and\n    (iv) information about any partial disallowance of the instrument;\n    (g) the name and contact details of a person who can answer questions about the instrument.","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Registration","content":"## Part 3—Registration","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Lodgment for registration","content":"#### 6 Lodgment for registration\n\n  (1) Subsection 29(1) of the Act operates as if the table in that subsection were amended by omitting from item 1 “The first day of the 12th month after the commencing day” and substituting “1 October 2006”.\n\n> Note: Under subsection 29(1) of the Act, certain instruments must be backcaptured before 1 January 2006. Subregulation 6 (1) extends the period of backcapture to before 1 October 2006.\n\n  (2) For paragraph 29(4)(b) of the Act, the period of 6 months is prescribed.","sortOrder":8},{"sectionNumber":"Part 4","sectionType":"part","heading":"Exemptions and exclusions","content":"## Part 4—Exemptions and exclusions","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Instruments that are not legislative instruments","content":"#### 7 Instruments that are not legislative instruments\n\n  For item 24 of the table in subsection 7(1) of the Act, and subject to sections 6 and 7 of the Act, instruments mentioned in Schedule 1 are prescribed.\n\n> Note: The inclusion of a kind of instrument in Schedule 1 does not imply that an instrument of that kind would be a legislative instrument if it were not included in that Schedule—see subsection 7(2) of the Act.","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Legislative instruments not subject to disallowance","content":"#### 8 Legislative instruments not subject to disallowance\n\n  For item 44 of the table in subsection 44(2) of the Act, legislative instruments mentioned in Schedule 2 are prescribed.\n\n> Note: The inclusion of a kind of instrument in Schedule 2 does not imply that every instrument of that kind is a legislative instrument—see subsection 44(3) of the Act.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Legislative instruments not subject to sunsetting","content":"#### 9 Legislative instruments not subject to sunsetting\n\n  For item 51 of the table in subsection 54(2) of the Act, legislative instruments mentioned in Schedule 3 are prescribed.\n\n> Note: The inclusion of a kind of instrument in Schedule 3 does not imply that every instrument of that kind is a legislative instrument—see subsection 54(3) of the Act.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Existing disallowance provisions","content":"#### 10 Existing disallowance provisions\n\n  For subsection 57(5) of the Act, subsection 57(2) of the Act does not apply to disallowance provisions mentioned in Schedule 4.","sortOrder":13}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2598},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"Originally intended to establish basic registration mechanics and filing procedures, the instrument has expanded into a comprehensive exemptions register cataloguing hundreds of specific carve-outs across vast swathes of Commonwealth law. It now functions as a central registry for administrative exceptions to standard legislative scrutiny (registration, disallowance, and sunsetting), with schedules growing to accommodate new policy areas including aviation security, veterans' affairs, superannuation, and telecommunications."},"complexity_factors":["Over 150 specific exemption entries across four schedules requiring cross-referencing","References to more than 50 distinct Commonwealth Acts with varying section numbers","Technical distinctions between instrument types (delegations, authorisations, determinations, directions, rules)","Dual electronic and paper lodgment pathways with specific format and procedural requirements","Nested conditions in registration requirements (e.g., backcapture dates and transitional provisions)","Evidence of extensive amendment history (non-sequential item numbering like 1A, 1B, 3AA, 26A, etc.)"],"plain_english_summary":"These regulations set out how Australian Government agencies must lodge legislative instruments with the Federal Register of Legislative Instruments, specifying formats, lodgement channels and the mandatory information that must accompany filings so instruments become publicly recorded.\n\nThey also clarify which documents are excluded from registration, which instruments are immune from parliamentary disallowance, and which won’t automatically expire—affecting agency obligations, public transparency, the legal status of delegated rules and the scope of parliamentary oversight."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The Regulations alter the practical scope and timing of the Act: reg 6(1) moves the backcapture deadline (extending the period for retrospective lodgement), and regs 7–10 together with Schedules 1–4 prescribe numerous classes of instruments that are excluded from being legislative instruments or are exempted from disallowance or sunsetting. They therefore change which instruments the Act reaches and increase administrative discretion (notably to the First Parliamentary Counsel under reg 4)."},"complexity_factors":["Extensive cross‑references to the Legislative Instruments Act 2003 and many other Acts (regs 3, 5–10; Schedules 1–4) increasing interpretive complexity","Detailed technical lodgement rules (electronic formats, lodgement portal and alternative written agreements) that vest discretion in the First Parliamentary Counsel (reg 4(2)–(3))","Transitional/backcapture timing amendment that modifies who must retrospectively lodge instruments (reg 6(1))","Multiple carve‑outs and exception lists that change which instruments are captured, subject to disallowance, or subject to sunsetting (regs 7–9 and Schedules 1–3)","Prescriptive metadata and publication‑related requirements for registration that impose administrative tasks on lodgers (reg 5)","Interaction with existing disallowance provisions and specific statutory regimes (reg 10; Schedule 4) requiring cross‑statute analysis","Long, highly specific schedules naming instrument types and affected statutory provisions (Schedules 1–3) that create many narrow legal categories"],"plain_english_summary":"These Regulations set the operational rules for lodging and registering legislative instruments under the Legislative Instruments Act 2003: acceptable file formats and lodgement channels (reg 4), the information required for registration (reg 5), a deferred back‑capture deadline (reg 6), and lists of instrument types that are excluded from being legislative instruments or from disallowance or sunsetting (regs 7–10; Schedules 1–4). They affect ministers, agencies and other entities that make or lodge instruments, because the rules determine administrative costs, who decides treatment of instruments, and which instruments avoid parliamentary oversight."}},"importantCases":[],"_links":{"self":"/api/acts/legislative-instruments-regulations-2004","history":"/api/acts/legislative-instruments-regulations-2004/history","analysis":"/api/acts/legislative-instruments-regulations-2004/analysis","conflicts":"/api/acts/legislative-instruments-regulations-2004/conflicts","importantCases":"/api/acts/legislative-instruments-regulations-2004/important-cases","documents":"/api/acts/legislative-instruments-regulations-2004/documents"}}