Foreword
On
1
January 2005, the Acts Interpretation Act 1901 was
repealed with the commencement of the Legislative
Instruments Act 2003. The Legislative Instruments Act effectively adopts
the parliamentary scrutiny provisions of the Acts Interpretation Act. An instrument will only be caught by the new
regime if it is of a legislative character and is or has been made in the
exercise of a power delegated by the Parliament. All legislative instruments made on or after 1 January 2005 are required to be registered on the Federal Register
of Legislative Instruments to be enforceable.
This Register is administered by the Attorney-General’s Department and
may be found at www.frli.gov.au. Each legislative instrument is given its own
unique identification number as it is registered (hereafter referred to as the
‘frli number’). This frli number (shown
in square brackets) is included in this publication below the name of each
instrument. The Statutory Rules Publication Act 1903 was repealed from 1 January 2005 and, as a consequence, the Statutory Rules series
ceased at the end of 2004. Regulations
are now numbered as part of the new Select Legislative Instruments series and
appear on the Federal Register of Legislative Instruments.
The
Delegated Legislation Monitor
contains only those legislative instruments that are subject to disallowance. It also contains non-legislative instruments,
such as determinations made under section 58B of the Defence Act 1903 that are subject to disallowance under new section
46B of the Acts Interpretation Act 1901.
This
Delegated Legislation Monitor for 2005 is a consolidated edition of all of the
Monitors that are produced in respect of each sitting week of the Senate during
the calendar year. The format of the consolidation is similar to that of the
weekly Monitors, setting out details of all disallowable instruments of
delegated legislation tabled in the Senate. These details include the enabling
Act under which each instrument is made, the frli number, the date it was made,
the date of tabling in the Senate and House of Representatives, the Department
of State through which the Minister administers the enabling Act, and a short
summary of its subject matter.
During
2005 a total of 2857 disallowable instruments were tabled in the Senate. These
instruments were made under the authority of 222 separate enabling Acts,
administered by 18 Departments of State.
Of
the 2857 instruments tabled in 2005, 342 or 11 per cent were Regulations and 365
or 12 per cent were instruments that revoked and remade 11,185 Airworthiness
Directives to assist with the backcapturing of these directives under the new
rule-making regime introduced under the Legislative
Instruments Act 2003.
The Monitor contains the following
information:
- Departmental statistics;
- Enabling Act statistics;
- Alphabetical listing by portfolio of all
instruments, including tabling dates, frli numbers and a short summary of
subject matter; and
- Index to all instruments.
Abbreviations
used for citing tabling dates is as follows:
S = Senate
HR = House
of Representatives
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