Legislation Publication Act 1996

Legislation Publication Act 1996

This Act may be cited as the Legislation Publication Act 1996.

This Act commences on a day to be proclaimed.

In this Act –

Act means an enactment of the Parliament of this State;

current legislative drafting practice means the legislative drafting practice for the time being in use in Tasmania;

database means the database referred to in section 5;

law means – an Act; and a statutory rule;

made includes enacted;

minor error means – a typographical error; or a grammatical error; or a spelling error; or an error of punctuation; or an error in cross-referencing to a provision of a law or other instrument;

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;

referential words means any of the words specified in section 4 occurring in conjunction with a number to designate a provision of a law;

reprint includes consolidation;

reprint change, in relation to an Act or statutory rule, means any change to that Act or statutory rule made under this Act or any other Act which authorised the reprint of Acts or statutory rules;

State Archivist means the person appointed as State Archivist under section 7 of the Archives Act 1983;

statutory rule has the same meaning as in the Rules Publication Act 1953.

The following are referential words:

"of this Act";

"to this Act";

"of these regulations";

"to these regulations";

"of this Schedule";

"of this Chapter";

"of this Part";

"of this Division";

"of this Subdivision";

"of this section";

"of this subsection";

"of this regulation";

"of this subregulation";

"of this paragraph";

"of this subparagraph";

"of this clause";

"of this subclause";

"of this item";

"before-mentioned";

"afore-mentioned";

"hereof" or "hereto";

"thereof" or "thereto";

"said" or "aforesaid".

The Chief Parliamentary Counsel must establish a database in electronic form of legislation of this State.

The database is to be under the control of the Chief Parliamentary Counsel.

The database is to consist of – certain Acts for the time being in force and, if any of those Acts have been amended and the amendments are in force, those Acts with the amendments incorporated; and all other Acts enacted after the commencement of this Act; and certain statutory rules for the time being in force and, if any of those statutory rules have been amended and the amendments are in force, those statutory rules with the amendments incorporated; and all statutory rules made after the commencement of this act.

The Chief Parliamentary Counsel must produce or cause to be produced copies of the database in electronic form and cause those copies to be held securely in a place separate from the place at which the database is held.

Copies of the database produced under subsection (4) are to be treated for all purposes as if they were the database.

The Acts and statutory rules of this State are to be taken in all circumstances and for all purposes to be as they appear from time to time in the authorised version of the Acts and statutory rules.

Subject to subsections (3) and (4), on and after the commencement of this Act, the authorised version of an Act at any particular date is that version of the Act which is on the database as at that date.

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.

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.

Subject to subsections (6), (6A), (6B), (7) and (7A), on and after the commencement of this Act, the authorised version of a statutory rule at any particular date is the version of the statutory rule which is on the database as at that date.

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.

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.

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.

Subject to subsection (8), the authorised version of a statutory rule, other than 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 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.

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.

If an Act passed or a statutory rule made before the commencement of this Act and is not on the database was reprinted under the Acts Reprinting Act 1979, the authorised version of that Act or statutory rule, as at a particular date before the commencement of this Act, is the reprint of that Act or statutory rule as in force at that date.

All Acts and statutory rules on the database are to include a certificate of the Chief Parliamentary Counsel indicating that – the Act or statutory rule is the authorised version at the date specified in the certificate; and the Act or statutory rule incorporates all amendments, if any, made before and in force as at the date shown on the certificate and any reprint changes – made under any Act, in force before the commencement of this Act, authorising the reprint of the Acts and statutory rules; or permitted under this Act and made before that date.

The Chief Parliamentary Counsel may approve the production of copies of authorised versions of Acts or statutory rules and copies of reprints of Acts or statutory rules in electronic or printed form by a person approved in writing by the Chief Parliamentary Counsel for the purposes of production or distribution.

A copy of an Act or a statutory rule or the reprint of an Act or a statutory rule produced under subsection (10) is to contain a statement to the effect that the copy is produced with the approval of the Chief Parliamentary Counsel.

A person who falsely includes in a document purporting to be an Act or statutory rule a certificate purporting to be a certificate under section 6(9) is guilty of an offence. Fine not exceeding 100 penalty units.

A person who falsely represents that a copy of an Act or statutory rule is produced with the approval of the Chief Parliamentary Counsel is guilty of an offence. Fine not exceeding 100 penalty units.

A person who falsely represents that a copy of an Act or statutory rule is the authorised version of the Act or statutory rule is guilty of an offence. Fine not exceeding 100 penalty units.

The provisions of this Part are to apply in relation to the authorisation and compilation of a reprint of a law.

The Chief Parliamentary Counsel may authorise and cause to be compiled a reprint of a law.

In a reprint of a law under this Act, the text of the law may be given incorporating any change to the law permitted under Division 2 of this Part.

A reprinted law is to include a note stating the date of the reprint.

Section 9 does not permit any change to the text of a provision of a law that would change the effect of the provision.

If in a reprint of a law the text of the law is given as permitted under this Act, the law has effect as if the changes effected under this Act had been made expressly by another law that amended the law immediately before the reprint date.