Background to the Legislative Instruments Act 2003
The Legislative Instruments Act 2003 (LIA) introduced a comprehensive regime for the making, registration, publication, parliamentary scrutiny and sunsetting of Commonwealth delegated legislation. In addition to new provisions, the LIA substantially re enacted those parts of s 46A and Part XII of the Acts Interpretation Act 1901 that dealt with regulations and disallowable instruments and extended their operation to all legislative instruments.
The LIA requires legislative instruments to be registered, and made publicly available through registration, on the Federal Register of Legislative Instruments. Following registration, legislative instruments are presented to the Parliament.
The LIA also provides for the gradual sunsetting of legislative instruments unless particular steps are taken to preserve them. The process is intended to keep legislative instruments up-to-date and in force only for as long as needed.
There are some exemptions from the whole of the LIA and some exemptions from the disallowance and the sunsetting provisions of the LIA. The instruments which are exempted are listed in the LIA, in the Legislative Instruments Regulations 2004 or in the particular legislation authorising the making of the legislative instrument.
Legislation introduced into the Parliament after 1 January 2005 will usually explain whether an instrument is covered by the LIA or not.
