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Federal Register of Legislation

Legislative instruments

Legislative instruments or LIs are laws on matters of detail made by a person or body authorised to do so by the relevant authorising legislation. Examples of LIs include regulations, rules and determinations. Under the Legislation Act 2003, all legislative instruments must be registered on the Federal Register of Legislation.

The Federal Register of Legislation contains authorised versions of every legislative instrument made since 1 January 2005 and every instrument made before then but still in force on 1 January 2008.

In force

In force legislation is legislation that is on the statute book and has the force of law. On the Federal Register of Legislation, legislation that has been made but not yet commenced is also displayed in the in force listings. In force legislation does not include draft legislation such as Bills or legislation that has ceased, repealed or sunsetted.

No longer in force

Legislation that ceases to have effect or that has been repealed is no longer in force.

Sunsetting

Some laws have an expiry date and they are automatically repealed after that date if no action is taken. Most legislative instruments will sunset 10 years after commencement under Chapter 3, Part 4 of the Legislation Act 2003.

Disallowance

Disallowance is a form of repeal of disallowable instruments initiated by the Parliament. The Parliament, with a majority vote in either House of the Parliament, may disallow a disallowable instrument in part or in full. This may result in an instrument ceasing to have effect and reviving an earlier instrument. If an instrument is disallowed, generally the rule-maker may not make an instrument similar in substance for 6 months.