Industry, Innovation, Climate Change, Science, Research and Tertiary Education (Spent and Redundant Instruments) Repeal Regulation 2013
1Industry, Innovation, Climate Change, Science, Research and Tertiary Education (Spent and Redundant Instruments) Repeal Regulation 2013
Start here
Get a plain-English read of 1
Turn the raw legal text into a practical explanation grounded in Industry, Innovation, Climate Change, Science, Research and Tertiary Education (Spent and Redundant Instruments) Repeal Regulation 2013.
Industry, Innovation, Climate Change, Science, Research and Tertiary Education (Spent and Redundant Instruments) Repeal Regulation 2013
Select Legislative Instrument No. 211, 2013
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 05 August 2013
Quentin Bryce
Governor‑General
By Her Excellency’s Command
Mark Dreyfus 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—Instruments past their date of effect
1 Name of regulation
This regulation is the Industry, Innovation, Climate Change, Science, Research and Tertiary Education (Spent and Redundant Instruments) Repeal Regulation 2013.
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To assist the reader, the instruments repealed by this regulation are listed in 4 Schedules.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).
Repeal of amending and repealing instruments
Item Instrument name and series number (if any) FRLI identifier
1 Academic Board and University Policy Committees (Repeal) Statute 2010 F2010L00784
2 Academic Progress (ANU College of Business and Economics) (Repeal) Order 2009 F2009L04569
100 Patents Regulations (Amendment), SR 1991 No. 456 F1996B02698
101 Patents Regulations (Amendment), SR 1993 No. 227 F1996B02701
102 Patents Regulations (Amendment), SR 1993 No. 341 F1996B02703
103 Patents Regulations (Amendment), SR 1994 No. 182 F1996B02704
104 Patents Regulations (Amendment), SR 1995 No. 20 F1996B02708
105 Patents Regulations (Amendment), SR 1995 No. 427 F1996B02710
106 Patents Regulations (Amendment), SR 1996 No. 271 F1996B00241
107 Patents Regulations (Amendment), SR 1997 No. 192 F1997B02678
108 Patents Regulations (Amendment), SR 1998 No. 45 F1998B00042
109 Patents Regulations (Amendment), SR 1998 No. 141 F1998B00131
110 Patents Regulations (Amendment), SR 1998 No. 241 F1998B00224
111 Plant Breeder’s Rights Amendment Regulations 1999 (No. 1), SR 1999 No. 83 F1999B00084
112 Plant Breeder’s Rights Regulations (Amendment), SR 1994 No. 353 F1996B02513
113 Plant Breeder’s Rights Regulations (Amendment), SR 1995 No. 290 F1996B02514
114 Pre‑Seed Fund (PSF) Program, Policies and Practices Direction No. 1 of 2003 F2009B00261
115 R&D Start Program (additional function of the IR&D Board) Direction No. 1 of 1996 F2008B00432
116 R&D Start Program, policies and practices of the IR&D Board in relation to the Innovation Investment Fund (IIF) Program Direction No. 1 of 1997 (Amendment No. 1 of 1998) F2008B00471
This Schedule repeals commencement instruments that are spent, and that would have been repealed automatically under section 48B of the Legislative Instruments Act 2003 if they had been made after the commencement of that section.
The repeal of an instrument by this Schedule does not affect any commencement the instrument provides for: see subsection 6(2).
Repeal of commencement instruments
Item Instrument name and series number (if any) FRLI identifier
1 National Vocational Education and Training Regulator Amendment Proclamation 2012 (made on 10 May 2012) F2012L01018
2 Proclamation for the Carbon Credits (Carbon Farming Initiative) Act 2011 (made on 7 December 2011) F2011L02581
3 Proclamation for the Clean Energy Act 2011 (made on 7 December 2011) F2011L02617
4 Proclamation for the Climate Change Authority Act 2011 (made on 7 December 2011) F2011L02582
5 Proclamation for the Governance Review Implementation (Science Research Agencies) Act 2007 (made on 6 September 2007) F2007L03555
6 Proclamation for the Independent Contractors Act 2006 (made on 15 February 2007) F2007L00412
7 Proclamation for the National Vocational Education and Training Regulator Act 2011 (made on 2 June 2011) F2011L00972
8 Proclamation for the Renewable Energy (Electricity) Amendment Act 2006 (made on 7 September 2006) F2006L02947
9 Proclamation for the Renewable Energy (Electricity) Amendment Act 2009 (made on 14 April 2010) F2010L00946
10 Proclamation for the Trade Marks Amendment Act 2006 (made on 15 February 2007) F2007L00392
11 Proclamation for the Tradex Scheme Amendment Act 2010 (made on 12 May 2011) F2011L00745
Schedule 3—Repeal of amending and repealing instruments containing other provisions
Guide to this Schedule
This Schedule repeals amending and repealing legislative instruments that also contain application, saving or transitional provisions. The amendments and repeals have happened, and the application, saving or transitional provisions are no longer required. The instruments do not contain any other substantive provisions.
To assist the reader, the location of each application, saving or transitional provision in an instrument is identified in brackets after its name, with “s” used to indicate the provision (e.g. “s. 4” may refer to section 4, regulation 4, clause 4 or the fourth provision of some other type as appropriate).
The repeal of an instrument by this Schedule does not affect any amendment or repeal made by the instrument: see paragraph 7(2)(a). Also, to ensure that the repeal of the application, saving or transitional provisions does not have any unforeseen effect, and to remove any doubt that may otherwise exist, any continuing operation they may have is preserved: see paragraph 7(2)(b).
Repeal of amending and repealing instruments containing other provisions
Item Instrument name and series number (if any) FRLI identifier
1 Intellectual Property Law Amendment Regulations 2009 (No. 1) (s. 3(2)‑(3)), SLI 2009 No. 150 F2009L02472
2 Intellectual Property Legislation Amendment Regulation 2012 (No. 1) (s. 3(2)‑(7), 4(2) and 5(2)), SLI 2012 No. 66 F2012L01031
21 Patents and Trade Marks Legislation Amendment Regulations 2008 (No. 1) (s. 5), SLI 2008 No. 122 F2008L02119
22 Patents Regulations (Amendment) (s. 7), SR 1992 No. 148 F1996B02699
23 Patents Regulations (Amendment) (s. 9), SR 1993 No. 113 F1996B02700
24 Patents Regulations (Amendment) (s. 8 ), SR 1993 No. 340 F1996B02702
25 Patents Regulations (Amendment) (s. 10), SR 1994 No. 317 F1996B02705
26 Patents Regulations (Amendment) (s. 10), SR 1994 No. 387 F1996B02706
27 Patents Regulations (Amendment) (s. 45), SR 1995 No. 16 F1996B02707
28 Patents Regulations (Amendment) (s. 14), SR 1995 No. 82 F1996B02709
29 Patents Regulations (Amendment) (s. 3), SR 1997 No. 345 F1997B02834
30 Patents Regulations (Amendment) (s. 14‑17), SR 1998 No. 56 F1998B00052
31 Renewable Energy (Electricity) Amendment Regulations 2001 (No. 1) (s. 4), SR 2001 No. 219 F2001B00300
32 Renewable Energy (Electricity) Amendment Regulations 2009 (No. 3) (s. 4), SLI 2009 No. 222 F2009L03475
33 Renewable Energy (Electricity) Amendment Regulations 2010 (No. 3) (s. 4), SLI 2010 No. 142 F2010L01597
34 Renewable Energy (Electricity) Amendment Regulations 2010 (No. 5) (s. 4), SLI 2010 No. 239 F2010L02544
35 Renewable Energy (Electricity) Amendment Regulations 2010 (No. 8) (s. 5), SLI 2010 No. 320 F2010L03206
36 Renewable Energy (Electricity) Amendment Regulations 2011 (No. 3) (s. 4), SLI 2011 No. 116 F2011L01381
37 Renewable Energy (Electricity) Amendment Regulations 2011 (No. 5) (s. 4), SLI 2011 No. 222 F2011L02410
38 Textile, Clothing and Footwear Small Business Program Determination (Amendment) 2011 (s. 3.2) F2011L02691
39 Textile, Clothing and Footwear Strategic Investment Program Scheme Amendment 2002 (No. 1) (s. 4) F2002B00201
40 Trade Marks Amendment Regulations 2006 (No. 1) (s. 4 and 6), SLI 2006 No. 356 F2006L03976
41 Trade Marks Regulations (Amendment) (s. 3), SR 1997 No. 346 F1997B02835
Schedule 4—Repeal of other redundant instruments
Guide to this Schedule
This Schedule repeals legislative instruments that are spent or no longer required, and that are not covered by the previous Schedules.
More information about why the instruments are spent or no longer required is provided in the explanatory statement accompanying this regulation.
The repeal of an instrument by this Schedule does not affect any amendment or repeal made by the instrument: see paragraph 8(2)(a). Also, to ensure that the repeal of the application, saving or transitional provisions does not have any unforeseen effect, and to remove any doubt that may otherwise exist, any continuing operation they may have is preserved: see paragraph 8(2)(b).
Part 1—Instruments containing substantive matter
Instruments containing substantive matter
Item Instrument name and series number (if any) FRLI identifier
1 Revocation of approval as a higher education provider on request by the body under subsection 22‑40(1) of Higher Education Support Act 2003 (HESA) (made on 31 May 2010) F2010L01527
2 Revocation of approval as a higher education provider on request by the body under subsection 22‑40(1) of the Higher Education Support Act 2003 (the Act) (made on 19 September 2011) F2011L01933
3 Revocation of approval as a higher education provider on request by the body under subsection 22‑40(1) of the Higher Education Support Act 2003 (the Act) (made on 21 November 2011) F2011L02427
4 Revocation of approval as a higher education provider on request by the body under subsection 22‑40(1) of the Higher Education Support Act 2003 (the Act) (made on 21 November 2011) F2011L02432
5 Revocation of approval as a higher education provider on request by the body under subsection 22‑40(1) of the Higher Education Support Act 2003 (the Act) (made on 15 June 2012) F2012L01315
6 Revocation of approval as a higher education provider on request by the body under subsection 22‑40(1) of the Higher Education Support Act 2003 (the Act) (made on 25 June 2012) F2012L01514
7 Revocation of approval as a VET provider on request by the body under sub‑clause 39(1) of Schedule 1A of the Higher Education Support Act 2003 (HESA) (made on 20 May 2011) F2011L00875
8 Revocation of approval under clause 39 of Schedule 1A of the Higher Education Support Act 2003 (HESA) (made on 18 May 2010) F2010L01368
9 Revocation of approval under clause 39 of Schedule 1A of the Higher Education Support Act 2003 (HESA) (made on 9 November 2010) F2010L02998
10 Revocation of approval under section 22‑10 of the Higher Education Support Act 2003 (HESA) (made on 9 September 2011) F2011L01892
11 Revocation of approval under section 22‑10 of the Higher Education Support Act 2003 (HESA) (made on 13 March 2012) F2012L00581
12 Revocation of approval under section 22‑40 of the Higher Education Support Act 2003 (HESA) (made on 25 March 2010) F2010L00771
13 Revocation of approval under section 22‑40 of the Higher Education Support Act 2003 (HESA) (made on 19 May 2010) F2010L01417
14 Revocation of approval under section 22‑40 of the Higher Education Support Act 2003 (HESA) (made on 19 May 2010) F2010L01419
15 Revocation of approval under section 22‑40 of the Higher Education Support Act 2003 (HESA) (made on 7 June 2010) F2010L01571
16 Special Research Initiative for an Aboriginal and Torres Strait Islander Researchers’ Network Funding Rules for funding commencing in 2012 Variation (No. 1) F2012L01627
Part 2—Instruments past their date of effect
Instruments past their date of effect
Item Instrument name and series number (if any) FRLI identifier
1 ESOS Assurance Fund ‑ 2006 Contributions Criteria F2005L04209
2 ESOS Assurance Fund ‑ 2007 Contributions Criteria F2006L03698
3 ESOS Assurance Fund ‑ 2008 Contributions Criteria F2007L04871
4 ESOS Assurance Fund ‑ 2009 Contributions Criteria F2009L01103
5 ESOS Assurance Fund ‑ 2010 Contributions Criteria F2009L03999
6 ESOS Assurance Fund ‑ 2011 Contributions Criteria F2011L00233
7 ESOS Assurance Fund ‑ 2012 Contributions Criteria F2011L02798