Legislative Instruments Act 1978

This Act may be cited as the Legislative Instruments

Act 1978.

In this Act, unless the contrary intention appears—

regulation means any regulation, rule or by-law made under an Act.

Where in any Act passed before the commencement of this Act a reference express or implied is made to section 38 of the Acts

Interpretation Act 1915, as in force from time to time, that reference shall, on and after that commencement, be read as a reference to section 10 of this Act.

The Governor may, by proclamation, declare that a provision of this

Act that is expressed as applying only to regulations applies, in addition, to other legislative instruments of a kind specified in the proclamation.

A proclamation may be made under this section in relation to a legislative instrument made under an Act regardless of whether that Act was passed before or after the commencement of this section.

Where, by any Act passed after the sixteenth day of December, 1915, it is provided that regulations shall or may be made and it is not provided by whom such regulations shall or may be made, any regulation made under, or by virtue of, such provision, shall be made by the

Governor.

Except as is expressly provided in any other Act, every regulation must be laid before each House of Parliament within six sitting days of that

House after it has been made.

A failure to have a regulation laid before both Houses of

Parliament in accordance with subsection (3) does not affect the operation or effect of that regulation.

The Legislative Review Committee of the Parliament may report a failure to comply with subsection (3) to each House of

Parliament.

Subject to this section, where—

a regulation has been laid before each House of Parliament in accordance with subsection (3); or

a report has been made in respect of a regulation by the

Legislative Review Committee of the Parliament in accordance with subsection (5), that regulation may be disallowed by resolution of either House of

Parliament and will cease to have effect.

A resolution is not effective for the purposes of subsection (5a) unless—

in the case of a regulation that has been laid before the House in accordance with subsection (3)—the resolution is passed in pursuance of a notice of motion given within 14 sitting days (which need not fall within the same session of Parliament) after the regulation was laid before the House; or

in the case of a regulation that has been the subject of a report by the Legislative Review Committee of the Parliament in accordance with subsection (5)—the resolution is passed in pursuance of a notice of motion given within six sitting days (which need not fall within the same session of Parliament) after the report of the Legislative

Review Committee of the Parliament has been made to the House.

When a resolution referred to in subsection (5a) of this section has been passed, notice of that resolution shall forthwith be published in the

Gazette.

Notwithstanding anything in this section, where in any Act, whether passed before or after the commencement of this Act, it is provided that any regulation shall be made by an authority other than the Governor and that that regulation shall be confirmed by the Governor or some other authority before it shall have the force of law, that regulation shall not take effect unless it has been confirmed as required.

Subject to this and any other Act, a regulation that is required to be laid before Parliament comes into operation four months after the day on which it is made or from such later date or time as is specified in the regulation.

A regulation that is required to be laid before

Parliament—

may come into operation on an earlier date, or at an earlier time, specified in the regulation if the Minister responsible for the administration of the Act under which the regulation is made certifies that, in his or her opinion, it is necessary or appropriate that the regulation come into operation on an earlier date or at an earlier time; but

may not come into operation earlier than the date on which it is made unless that earlier operation is authorised by the Act under which the regulation is made.

Subject to any other Act, a regulation that is not required to be laid before Parliament comes into operation on the day on which it is made or from such later date or time as is specified in the regulation.

A document appearing to be a certificate under subsection (2) will, in the absence of proof to the contrary, be accepted as such in any legal proceedings.

A certificate under subsection (2) cannot be called in question in any legal proceedings.

Every regulation that is required to be laid before Parliament is, when made, referred by force of this section to the Legislative Review

Committee of the Parliament.

If a Minister issues a certificate under section 10AA(2) in relation to a regulation, the

Minister must cause a report setting out the reasons for the issue of the certificate to be given to the Committee as soon as practicable after the making of the regulation.

The Committee must inquire into and consider all regulations referred to it.

The Committee must consider all regulations as soon as conveniently practicable after they are referred to the Committee and, if Parliament is then in session, must do so before the end of the period within which any motion for disallowance of the regulations may be moved in either House of

Parliament.

If the Committee forms the opinion that any regulations ought to be disallowed—

it must report the opinion and the grounds for the opinion to both

Houses of Parliament before the end of the period within which any motion for disallowance of the regulations may be moved in either House; and

if Parliament is not in session, it may, before reporting to

Parliament, report the opinion and the grounds for the opinion to the authority by which the regulations were made.

Every regulation shall, forthwith after it is made, be published in the Gazette or under the Legislation

Revision and Publication Act 2002.

For the purposes of this section the Governor may by proclamation appoint a day.

Regulations (other than regulations made by an authority other than the Governor) made on and after the day appointed under subsection (1) of this section shall be numbered consecutively as nearly as may be in the order in which they were made beginning with the number "1" in each year.

This Part applies in relation to all regulations except—

regulations that are not required to be laid before Parliament;

and

by‑laws made under the Local Government Act 1934; and

regulations amending an Act; and

regulations made pursuant to an agreement for uniform legislation between this State and the Commonwealth or other States or Territories of the

Commonwealth and prescribed for the purposes of this section; and

a regulation under the Landscape South Australia

Act 2019—

declaring a watercourse, lake or well to be a prescribed watercourse, lake or well or declaring that part of the State is a surface water prescribed area; or

amending or repealing a regulation referred to in subparagraph (i); and

regulations under the Southern

State Superannuation Act 2009; and

regulations under Schedule 1A clause 1(1) of the

Superannuation

Act 1988 (including regulations in force when this paragraph comes into operation); and

regulations operating pursuant to savings provisions or transitional arrangements under an Act (where the Act under which the regulations were made has been repealed); and

regulations made by a person, body or authority other than the

Governor.

Subject to this Part, a regulation to which this Part applies will, unless it has already expired or been repealed, expire as follows:

a regulation made before 1 January 1976, and all subsequent regulations amending that regulation, will expire on 1 September

1992;

a regulation made on or after 1 January 1976 but before 1 January

1980, and all subsequent regulations amending that regulation, will expire on

1 September 1993;

a regulation made on or after 1 January 1980 but before 1 June

1982, and all subsequent regulations amending that regulation, will expire on 1

September 1994;

a regulation made on or after 1 June 1982 but before 1 April 1984, and all subsequent regulations amending that regulation, will expire on 1

September 1995;

a regulation made on or after 1 April 1984 but before 1 June 1985, and all subsequent regulations amending that regulation, will expire on 1

September 1996;

a regulation made on or after 1 June 1985 but before 1 January

1987, and all subsequent regulations amending that regulation, will expire on 1

September 1997;

a regulation made on or after 1 January 1987, and all subsequent regulations amending that regulation, will expire on 1 September of the year following the year in which the tenth anniversary of the day on which the regulation was made falls.

For the purposes of this section, a regulation will be taken to have been made on the day on which it was published in the Gazette or on the day on which it was first published under the Legislation Revision and Publication

Act 2002 (whichever occurs first).

The regulations may postpone the expiry of a regulation under this

Part for a period or periods not exceeding two years at a time and not exceeding four years in aggregate.

If a regulation postponing the expiry of another regulation is disallowed, that other regulation ceases to have effect—

on the date on which the notice of disallowance is published in the

Gazette; or

on the date of expiry, whichever occurs last.