38APublication, &c., of proclamations, orders-in-council, and other instruments

### 38A Publication, &c., of proclamations, orders-in-council, and other instruments > *\[Section 38A Substituted by No. 40 of 1985, s. 6 \]* > > > (1)  Except as provided in [subsection (3)](#GS38A@Gs3@EN) , the provisions prescribed in [subsection (2)](#GS38A@Gs2@EN) apply in respect of – > > > > > > (a) every proclamation or order-in-council made in the exercise of a prerogative right of the Crown; > > > > > > > (b) every proclamation or order-in-council made under an Act or Imperial Act; and > > > > > > > (c) every prescribed instrument made under an Act. > > > (2)  For the purposes of [subsection (1)](#GS38A@Gs1@EN) , the following provisions are prescribed as the provisions that apply in respect of every proclamation or order-in-council referred to in that subsection and in respect of every prescribed instrument: > > > > > > (a) [*\[Section 38A Subsection (2) amended by No. 63 of 1997, Sched. 1, Applied:23 Mar 1998\]*](/view/html/inforce/1998-03-23/act-1997-063#JS1@Ja1@GC4@EN) if the proclamation, order-in-council, or prescribed instrument is not a statutory rule within the meaning of the [Rules Publication Act 1953](/view/html/inforce/2026-04-12/act-1953-050) or is exempted from the operation of that Act, the proclamation, order-in-council, or prescribed instrument shall be published in the *Gazette*; > > > > > > > (b) if the proclamation, order-in-council, or prescribed instrument is a statutory rule within that meaning, the making of the proclamation, order-in-council, or prescribed instrument shall be notified in the *Gazette*; > > > > > > > (c) in the case of – > > > > > > > > > > (i) a proclamation made under an Act that fixes the day of the commencement of that Act or a provision of that Act; > > > > > > > > > > > (ii) an order-in-council made under an Act that fixes the day of the commencement of a provision of that Act; or > > > > > > > > > > > (iii) a prescribed instrument that fixes the day of the commencement of a provision of an Act – > > > > > > > > the day so fixed shall be a day on or after the date of publication of the proclamation, order-in-council, or prescribed instrument in the *Gazette* or, as the case may be, a day on or after the date of notification in the *Gazette* of the making of the proclamation, order-in-council, or prescribed instrument; > > > > > > > (d) except in the case of any proclamation, order-in-council, or prescribed instrument to which [paragraph (c)](#GS38A@Gs2@Hpc@EN) applies, the proclamation, order-in-council, or prescribed instrument shall take effect – > > > > > > > > > > (i) on or from a day or date that is specified for the purpose in the proclamation, order-in-council, or prescribed instrument or that is ascertainable by reference to a period of time reckoned prospectively or retrospectively from the date of publication of the proclamation, order-in-council, or prescribed instrument in the *Gazette* or, as the case may be, the date of notification in the *Gazette* of the making of the proclamation, order-in-council, or prescribed instrument; or > > > > > > > > > > > (ii) if no such day or date is so specified or ascertainable, on the date of publication of the proclamation, order-in-council, or prescribed instrument in the *Gazette* or, as the case may be, on the date of notification in the *Gazette* of the making of the proclamation, order-in-council, or prescribed instrument – > > > > > > > > > > but the proclamation, order-in-council, or prescribed instrument shall not be expressed to take effect on or from a day or date preceding that date of publication or notification in the *Gazette* where, if the proclamation, order-in-council, or prescribed instrument were so to take effect – > > > > > > > > > > > (iii) the rights or privileges of a person (other than the Crown in right of the State, or any department, instrumentality, authority, or agency of the State) existing at the date of that publication or notification would be prejudiced; or > > > > > > > > > > > (iv) liabilities or obligations would be imposed on any person (other than the Crown in right of the State, or any department, instrumentality, authority, or agency of the State) in respect of anything done or omitted to be done on or before that date of publication or notification. > > > (3)  The provisions prescribed in [subsection (2)](#GS38A@Gs2@EN) do not apply in respect of any proclamation or order-in-council made under an Act or Imperial Act or in respect of a prescribed instrument made under an Act where that Act or Imperial Act expressly provides otherwise. > > > (4)  In this section, > > > > > ***prescribed instrument*** means an instrument of a legislative character, other than any proclamation or order-in-council referred to in [subsection (1)](#GS38A@Gs1@EN) or a regulation.