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Name of regulation
1 Name of regulation
This regulation is the Defence (Spent and Redundant Instruments) Repeal Regulation 2014.
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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
This regulation mechanically repeals dozens of Defence legislative instruments that are spent or no longer required, listing them in four Schedules and preserving past legal effects through saving clauses (see ss 5–8 and Acts Interpretation Act s7). It affects Defence legal teams, practitioners and anyone relying on Defence instruments by removing obsolete instruments from the statute book; the stated purpose is administrative simplification, which reduces clutter but shifts the verification and record‑checking burden to legal officers and records staff.
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Direct links to the current provisions in Defence (Spent and Redundant Instruments) Repeal Regulation 2014.
1 Name of regulation
This regulation is the Defence (Spent and Redundant Instruments) Repeal Regulation 2014.
2 Commencement
This regulation commences on the day after it is registered.
3 Authority
This regulation is made under the Legislative Instruments Act 2003.
4 Guide to this regulation
This regulation repeals legislative instruments that are spent or no longer required, as authorised by section 48E of the Legislative Instruments Act 2003.
To assist the reader, the instruments repealed by this regulation are listed in 4 Schedules.
Schedule 1 deals with solely amending and repealing instruments.
Schedule 2 deals with commencement instruments.
Schedule 3 deals with amending and repealing instruments that contain application, saving or transitional provisions.
Schedule 4 deals with other instruments that are spent or no longer required.
This regulation contains saving provisions that apply to the repeals, in addition to the provision made by section 7 of the Acts Interpretation Act 1901. That section applies to this regulation because of section 13 of the Legislative Instruments Act 2003.
5 Repeal of amending and repealing instruments
(1) Each instrument mentioned in Schedule 1 is repealed.
(2) The repeal of an instrument by this section does not affect any amendment or repeal (however described) made by the instrument.
(3) Subsection (2) does not limit the effect of section 7 of the Acts Interpretation Act 1901 as it applies to the repeal of an instrument by this section.
6 Repeal of commencement instruments
(1) Each instrument mentioned in Schedule 2 is repealed.
(2) The repeal of an instrument by this section does not affect any commencement provided by the instrument.
(3) Subsection (2) does not limit the effect of section 7 of the Acts Interpretation Act 1901 as it applies to the repeal of an instrument by this section.
7 Repeal of amending and repealing instruments containing other provisions
(1) Each instrument mentioned in Schedule 3 is repealed.
(2) The repeal of an instrument by this section does not affect:
(a) any amendment or repeal (however described) made by the instrument; or
(b) the continuing operation of any provision of the instrument made or expressed to be made for an application, saving or transitional purpose (or that makes provision consequential or related to such a provision).
(3) Subsection (2) does not limit the effect of section 7 of the Acts Interpretation Act 1901 as it applies to the repeal of an instrument by this section.
8 Repeal of other redundant instruments
(1) Each instrument mentioned in Schedule 4 is repealed.
(2) The repeal of an instrument by this section does not affect:
(a) any amendment or repeal (however described) made by the instrument; or
(b) the continuing operation of any provision of the instrument made or expressed to be made for an application, saving or transitional purpose (or that makes provision consequential or related to such a provision).
(3) Subsection (2) does not limit the effect of section 7 of the Acts Interpretation Act 1901 as it applies to the repeal of an instrument by this section.
9 Expiry of regulation
This regulation expires on the day after it commences, as if it had been repealed by another regulation.
Schedule 1—Repeal of amending and repealing instruments
This Schedule repeals amending and repealing legislative instruments that are spent, and that would have been repealed automatically under section 48A of the Legislative Instruments Act 2003 if they had been made after the commencement of that section. This Schedule does not include instruments with an application, saving or transitional provision: see Schedule 3.
The repeal of an instrument by this Schedule does not affect any amendment or repeal made by the instrument: see subsection 5(2).
Schedule 2—Repeal of commencement instruments
This Schedule repeals a commencement instrument that is spent, and that would have been repealed automatically under section 48B of the Legislative Instruments Act 2003 if it had been made after the commencement of that section.
The repeal of the instrument by this Schedule does not affect any commencement the instrument provides for: see subsection 6(2).
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
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Defence (Spent and Redundant Instruments) Repeal Regulation 2014
Select Legislative Instrument No. 15, 2014
I, Quentin Bryce AC CVO, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Legislative Instruments Act 2003.
Dated 13 March 2014
Quentin Bryce
Governor-General
By Her Excellency’s Command
George Brandis QC
Attorney-General
Contents
1 Name of regulation
2 Commencement
3 Authority
4 Guide to this regulation
5 Repeal of amending and repealing instruments
6 Repeal of commencement instruments
7 Repeal of amending and repealing instruments containing other provisions
8 Repeal of other redundant instruments
9 Expiry of regulation
Schedule 1—Repeal of amending and repealing instruments
Schedule 2—Repeal of commencement instruments
Schedule 3—Repeal of amending and repealing instruments containing other provisions
Schedule 4—Repeal of other redundant instruments
Part 1—Instruments containing substantive matter
Part 2—Other instruments no longer required
1 Name of regulation
This regulation is the Defence (Spent and Redundant Instruments) Repeal Regulation 2014.
2 Commencement
This regulation commences on the day after it is registered.
3 Authority
This regulation is made under the Legislative Instruments Act 2003.
4 Guide to this regulation
This regulation repeals legislative instruments that are spent or no longer required, as authorised by section 48E of the Legislative Instruments Act 2003.
To assist the reader, the instruments repealed by this regulation are listed in 4 Schedules.
Schedule 1 deals with solely amending and repealing instruments.
Schedule 2 deals with commencement instruments.
Schedule 3 deals with amending and repealing instruments that contain application, saving or transitional provisions.
Schedule 4 deals with other instruments that are spent or no longer required.
This regulation contains saving provisions that apply to the repeals, in addition to the provision made by section 7 of the Acts Interpretation Act 1901. That section applies to this regulation because of section 13 of the Legislative Instruments Act 2003.
5 Repeal of amending and repealing instruments
(1) Each instrument mentioned in Schedule 1 is repealed.
(2) The repeal of an instrument by this section does not affect any amendment or repeal (however described) made by the instrument.
(3) Subsection (2) does not limit the effect of section 7 of the Acts Interpretation Act 1901 as it applies to the repeal of an instrument by this section.
6 Repeal of commencement instruments
(1) Each instrument mentioned in Schedule 2 is repealed.
(2) The repeal of an instrument by this section does not affect any commencement provided by the instrument.
(3) Subsection (2) does not limit the effect of section 7 of the Acts Interpretation Act 1901 as it applies to the repeal of an instrument by this section.
7 Repeal of amending and repealing instruments containing other provisions
(1) Each instrument mentioned in Schedule 3 is repealed.
(2) The repeal of an instrument by this section does not affect:
(a) any amendment or repeal (however described) made by the instrument; or
(b) the continuing operation of any provision of the instrument made or expressed to be made for an application, saving or transitional purpose (or that makes provision consequential or related to such a provision).
(3) Subsection (2) does not limit the effect of section 7 of the Acts Interpretation Act 1901 as it applies to the repeal of an instrument by this section.
8 Repeal of other redundant instruments
(1) Each instrument mentioned in Schedule 4 is repealed.
(2) The repeal of an instrument by this section does not affect:
(a) any amendment or repeal (however described) made by the instrument; or
(b) the continuing operation of any provision of the instrument made or expressed to be made for an application, saving or transitional purpose (or that makes provision consequential or related to such a provision).
(3) Subsection (2) does not limit the effect of section 7 of the Acts Interpretation Act 1901 as it applies to the repeal of an instrument by this section.
9 Expiry of regulation
This regulation expires on the day after it commences, as if it had been repealed by another regulation.
Schedule 1—Repeal of amending and repealing instruments
Guide to this Schedule
This Schedule repeals amending and repealing legislative instruments that are spent, and that would have been repealed automatically under section 48A of the Legislative Instruments Act 2003 if they had been made after the commencement of that section. This Schedule does not include instruments with an application, saving or transitional provision: see Schedule 3.
The repeal of an instrument by this Schedule does not affect any amendment or repeal made by the instrument: see subsection 5(2).
This is an opening excerpt, not the complete document.