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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
LEGISLATION PUBLICATION AMENDMENT
BILL 2013
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - LEGISLATION PUBLICATION ACT 1996 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 6 amended (Authorised versions of Acts and statutory
rules)
6. Section 32 substituted
32. Custody of Acts
32A. Custody of statutory rules and certain other rules
PART 3 - RULES PUBLICATION ACT 1953 AMENDED
7. Principal Act
8. Section 9 amended (Regulations)
PART 4 - RULES PUBLICATION REGULATIONS 2008 AMENDED
9. Principal Regulations
10. Part 3 rescinded
PART 5 - MISCELLANEOUS
11. Further amendment of regulations not prevented
[Bill 8]-I
12. Repeal of Act
2
LEGISLATION PUBLICATION AMENDMENT
BILL 2013
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
21 May 2013
(Brought in by the Premier, the Honourable Larissa Tahireh
Giddings)
A BILL FOR
An Act to amend the Legislation Publication Act 1996
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Legislation
Publication Amendment Act 2013.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 8] 3
Legislation Publication Amendment Act 2013
Act No. of
s. 3 Part 2 - Legislation Publication Act 1996 Amended
PART 2 - LEGISLATION PUBLICATION ACT 1996
AMENDED
3. Principal Act
In this Part, the Legislation Publication Act
1996* is referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definitions
after the definition of minor error:
original Act means an Act on which
the Royal Assent has been
signified;
original statutory rule means a
statutory rule containing the
signature or seal of the person or
body that made the statutory rule;
(b) by inserting the following definition after
the definition of reprint change:
State Archivist means the person
appointed as State Archivist
under section 7 of the Archives
Act 1983;
*No. 17 of 1996
4
Legislation Publication Amendment Act 2013
Act No. of
Part 2 - Legislation Publication Act 1996 Amended s. 5
5. Section 6 amended (Authorised versions of Acts and
statutory rules)
Section 6 of the Principal Act is amended as
follows:
(a) by omitting subsections (3), (3A) and (4)
and substituting the following
subsections:
(3) The authorised version of an Act
that is not on the database is that
Act as transmitted to the Archives
Office of Tasmania in accordance
with section 32.
(4) Subject to subsection (8), the
authorised version of an Act
passed before the commencement
of this Act and not on the
database, as at a particular date
before the commencement of this
Act, is that original Act, as
transmitted to the Archives Office
of Tasmania in accordance with
section 32, read and construed
with any Act amending that Act
as so transmitted.
(b) by omitting from subsection (5)
"subsections (6) and (7)" and substituting
"subsections (6), (6A), (6B), (7) and
(7A)";
(c) by omitting subsections (6), (6A) and (7)
and substituting the following
subsections:
5
Legislation Publication Amendment Act 2013
Act No. of
s. 5 Part 2 - Legislation Publication Act 1996 Amended
(6) The authorised version of a
statutory rule, other than a
statutory rule made by the judges
of the Supreme Court, made
before the commencement of this
Act and not on the database is
that original statutory rule as
transmitted to the Archives Office
of Tasmania in accordance with
section 32A.
(6A) The authorised version of a
statutory rule, other than a
statutory rule made by the judges
of the Supreme Court, made on or
after the commencement of this
Act and not on the database is
that original statutory rule as
transmitted to the Archives Office
of Tasmania in accordance with
section 32A.
(6B) The authorised version of a
statutory rule made by the judges
of the Supreme Court and not on
the database is that original
statutory rule as held among the
records of the Supreme Court and
transmitted to the Archives Office
of Tasmania in accordance with
section 32A.
(7) Subject to subsection (8), the
authorised version of a statutory
rule, other than a statutory rule
made by the judges of the
6
Legislation Publication Amendment Act 2013
Act No. of
Part 2 - Legislation Publication Act 1996 Amended s. 6
Supreme Court, that is not on the
database as at a particular date is
that original statutory rule, as
transmitted to the Archives Office
of Tasmania in accordance with
section 32A, read and construed
with any statutory rule amending
that statutory rule as so
transmitted.
(7A) Subject to subsection (8), the
authorised version of a statutory
rule made by the judges of the
Supreme Court that is not on the
database as at a particular date is
that original statutory rule, as
kept among the records of the
Supreme Court and transmitted to
the Archives Office of Tasmania
in accordance with section 32A,
read and construed with any
statutory rule as so deposited and
transmitted.
6. Section 32 substituted
Section 32 of the Principal Act is repealed and
the following sections are substituted:
32. Custody of Acts
(1) The Registrar of the Supreme Court
must, as soon as practicable after the
commencement of the Legislation
Publication Amendment Act 2013,
transmit to the Archives Office of
7
Legislation Publication Amendment Act 2013
Act No. of
s. 6 Part 2 - Legislation Publication Act 1996 Amended
Tasmania, after consultation with the
State Archivist, all original Acts held
among the records of the Supreme Court
immediately before the commencement
of that Act.
(2) The Clerk of the Legislative Council
must, as soon as practicable after the
commencement of the Legislation
Publication Amendment Act 2013,
transmit to the Archives Office of
Tasmania, after consultation with the
State Archivist, that Act and all original
Acts that receive the Royal Assent on or
after the commencement of that Act.
32A. Custody of statutory rules and certain other
rules
(1) The Secretary of the responsible
Department in relation to the Justices Act
1959 must, as soon as practicable after
the commencement of the Legislation
Publication Amendment Act 2013,
transmit to the Archives Office of
Tasmania, after consultation with the
State Archivist, all original statutory
rules, other than statutory rules or other
rules made by the judges of the Supreme
Court, held among the records of that
department immediately before the
commencement of that Act.
(2) The Chief Parliamentary Counsel must,
as soon as practicable after the
commencement of the Legislation
8
Legislation Publication Amendment Act 2013
Act No. of
Part 2 - Legislation Publication Act 1996 Amended s. 6
Publication Amendment Act 2013,
transmit to the Archives Office of
Tasmania, after consultation with the
State Archivist, all original statutory
rules, other than statutory rules or other
rules made by the judges of the Supreme
Court, held among the records of the
Office of Parliamentary Counsel
immediately before the commencement
of that Act.
(3) The Registrar of the Supreme Court
must, as soon as practicable after the
commencement of the Legislation
Publication Amendment Act 2013,
transmit to the Archives Office of
Tasmania, after consultation with the
State Archivist, all original statutory
rules made by the judges of the Supreme
Court and held among the records of the
Supreme Court immediately before the
commencement of that Act.
(4) The Chief Parliamentary Counsel must
transmit all original statutory rules, other
than statutory rules or other rules made
by the judges of the Supreme Court,
made in each year on or after the
commencement of the Legislation
Publication Amendment Act 2013 to the
Archives Office of Tasmania by not later
than 31 January in the following year.
(5) The Registrar of the Supreme Court must
transmit all original statutory rules made
in each year on or after the
9
Legislation Publication Amendment Act 2013
Act No. of
s. 6 Part 2 - Legislation Publication Act 1996 Amended
commencement of the Legislation
Publication Amendment Act 2013 by the
judges of the Supreme Court to the
Archives Office of Tasmania by not later
than 31 January in the following year.
10
Legislation Publication Amendment Act 2013
Act No. of
Part 3 - Rules Publication Act 1953 Amended s. 7
PART 3 - RULES PUBLICATION ACT 1953 AMENDED
7. Principal Act
In this Part, the Rules Publication Act 1953* is
referred to as the Principal Act.
8. Section 9 amended (Regulations)
Section 9(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (f) "Counsel;
and" and substituting "Counsel.";
(b) by omitting paragraph (g).
*No. 50 of 1953
11
Legislation Publication Amendment Act 2013
Act No. of
s. 9 Part 4 - Rules Publication Regulations 2008 Amended
PART 4 - RULES PUBLICATION REGULATIONS 2008
AMENDED
9. Principal Regulations
In this Part, the Rules Publication Regulations
2008* are referred to as the Principal
Regulations.
10. Part 3 rescinded
Part 3 of the Principal Regulations is rescinded.
*S.R. 2008, No. 15
12
Legislation Publication Amendment Act 2013
Act No. of
Part 5 - Miscellaneous s. 11
PART 5 - MISCELLANEOUS
11. Further amendment of regulations not prevented
Nothing in section 10 is to be taken as
preventing the subsequent amendment or
rescission of the Rules Publication Regulations
2008 by a subsequent regulation.
12. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
Government Printer, Tasmania 13