Commonwealth act

Ordinances and Regulations (Notification) Act 1972

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Act Number

75 of 1972

Collection

act

Plain English Summary

2/10 complexity

The Ordinances and Regulations (Notification) Act 1972 is a short administrative law ensuring territorial laws (ordinances and regulations) are officially notified—typically via the Commonwealth Gazette—before they take effect. It affects residents and businesses in Australian territories and the officials who make those laws, and matters because it makes sure people have a reasonable way to learn about rules that bind them, preserving basic rule-of-law fairness.

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Ordinances and Regulations (Notification) Act 1972

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Ordinances and Regulations (Notification)

No. 75 of 1972

An Act relating to the Notification of Ordinances, Regulations and certain other Instruments.

[Assented to 14 September 1972]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Ordinances and Regulations (Notification) Act 1972.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Notification of certain Ordinances, regulations and other instruments.

3.—(1.) The publication in the Gazette, before the commencement of this Act, of any form of words being, purporting to be, or apparently intended to be—

(a) a notice or notification of the making of, with respect to the making of, or referring to the making of—

(i) an Ordinance under a law of the Commonwealth; or

(ii) any regulations, rules, by-laws or other instrument under a law of the Commonwealth or of a Territory of the Commonwealth; or

(b) a notice or notification of any such Ordinance, regulations, rules, by-laws or instrument having been made,

shall be taken to be, and to have always been, a sufficient compliance with a requirement of any law of the Commonwealth or of a Territory of the Commonwealth that the Ordinance, regulations, rules, by-laws or other instrument be published or notified in the Gazette, and the date of the publication in the Gazette of that form of words shall be deemed, for the purposes of that law, to have been the date on which the Ordinance, regulations, rules, by-laws or instrument was or were published or notified in the Gazette.

(2.) Where there have been two or more publications in the Gazette of forms of words being, purporting to be, or apparently intended to be, notices or notifications of a kind referred to in the last preceding sub-section in relation to the same Ordinance, regulations, rules, by-laws or instrument, that sub-section applies only in relation to the earlier or earliest of those publications.

(3.) In this section, “the Gazette” includes any Gazette or similar publication published by or under the authority of the Administration of a Territory of the Commonwealth.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.