Legislation Act 2003

A legislative instrument or a notifiable instrument commences:

at the start of the day after the day the instrument is registered; or

so far as the instrument provides otherwise—in accordance with such provision.

The instrument may provide for its commencement by enabling a commencement instrument to be made: see subsection (5).

Despite any principle or rule of common law, a legislative instrument or notifiable instrument may provide that the instrument, or a provision of the instrument, commences before the instrument is registered.

The effect of this subsection is to allow legislative and notifiable instruments to commence retrospectively (subject to subsection (2)). This subsection is subject to a contrary provision (see subsection (4)).

However, if a legislative instrument or notifiable instrument, or a provision of such an instrument, commences before the instrument is registered, the instrument or provision does not apply in relation to a person (other than the Commonwealth or an authority of the Commonwealth) to the extent that as a result of that commencement:

the person’s rights as at the time the instrument is registered would be affected so as to disadvantage the person; or

liabilities would be imposed on the person in respect of anything done or omitted to be done before the instrument is registered.

The effect of subsection (1A) or (2) in relation to an instrument is subject to any contrary provision in an Act.

Without limiting paragraph (1)(b), for the purposes of that paragraph, a legislative instrument or notifiable instrument may authorise the making of a commencement instrument in relation to the legislative instrument or notifiable instrument.