Prime Minister and Cabinet (Spent and Redundant Instruments) Repeal Regulation 2013
Select Legislative Instrument No. 214, 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
1 Name of regulation
This regulation is the Prime Minister and Cabinet (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To assist the reader, the instruments repealed by this regulation are listed in 4 Schedules.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.
Section 1 - Prime Minister and Cabinet (Spent and Redundant Instruments) Repeal Regulation 2013 - Prime Minister and Cabinet (Spent and Redundant Instruments) Repeal Regulation 2013 | Zoe
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(1) Each instrument mentioned in Schedule 1 is repealed.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
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).
Repeal of commencement instruments
Item Instrument name and series number (if any) FRLI identifier
1 Proclamation for the Remuneration and Other Legislation Amendment Act 2011 (made on 4 August 2011) F2011L01603
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 Commonwealth Employees’ Furlough Regulations (Amendment) (s. 2), SR 1976 No. 259 F1996B04272
2 Determination 2005/14: Remuneration and Allowances for Office Holders (s. 2.1) F2005L02230
3 Determination 2006/11: Remuneration and Allowances for Holders of Public Office and Members of Parliament (s. 1.7) F2006L01940
4 Long Service Leave (Commonwealth Employees) Amendment Regulations 2010 (No. 1) (s. 4), SLI 2010 No. 20 F2010L00388
5 Long Service Leave (Commonwealth Employees) Regulations (Amendment) (s. 2), SR 1979 No. 32 F1996B04283
6 Maternity Leave (Commonwealth Employees) Regulations (Amendment) (s. 3), SR 1990 No. 383 F1996B03883
7 Maternity Leave (Commonwealth Employees) Regulations (Amendment) (s. 4), SR 1998 No. 113 F1998B00105
8 Ombudsman Amendment Regulations 1999 (No. 1) (s. 4), SR 1999 No. 192 F1999B00185
9 Public Service Classification Rules Amendment Instrument 2012 (No. 1) (Sch 2) F2012L02311
10 Remuneration Tribunals (Miscellaneous Provisions) Regulations (Amendment) (s. 3(2)), SR 1984 No. 204 F1996B02432
11 Remuneration Tribunals (Miscellaneous Provisions) Regulations (Amendment) (s. 2), SR 1984 No. 475 F1996B02433
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).
Repeal of other redundant instruments
Item Instrument name and series number (if any) FRLI identifier
1 Determination 2005/14: Remuneration and Allowances for Office Holders F2005L02230
2 Long Service Leave (Commonwealth Employees) Regulations (Amendment), SR 1993 No. 59 F1996B04318