Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 37, 1996 as amended
Compilation start date: 1 July 2014
Includes amendments up to: Act No. 62, 2014
About this compilation
This compilation
This is a compilation of the Australian Law Reform Commission Act 1996 as in force on 1 July 2014. It includes any commenced amendment affecting the legislation to that date.
This compilation was prepared on 11 July 2014.
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.
Uncommenced amendments
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.
Provisions ceasing to have effect
If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
3 Definitions
4 Extension to external Territories
Part 2--Establishment and constitution of the Commission
5 Establishment of the Commission
6 Constitution of the Commission
7 Appointment of members
8 Full-time and part-time appointments
9 Durations, terms and conditions of appointments
10 Appointment and service not to affect a tenure or rights of judicial office holders
11 Arrangements for appointment of State and Territory judges
13 Acting appointment: President
14 Acting appointments: full-time members
15 Directions to perform duties on a full-time basis
16 Remuneration and allowances
17 Termination of full-time appointments
17A Termination of part-time appointments
18 Resignation
19 Leave of absence for full-time members
Part 3--The Commission's functions, powers and reports
20 Reference to the Commission
21 The Commission's functions
22 Interim reports
23 Reports to be tabled
24 How the Commission is to perform its functions
25 The Commission's powers
26 Commission to comply with certain requirements and directions
Part 4--Management, meetings and staff
Division 1--Management structure
27 Management advisory committee
34 President to be CEO
35 Delegations by the President
Division 2--Meetings and proceedings of the Commission
36 Meetings of the Commission
37 Conduct of meetings
38 Commission may inform itself in any way
Division 4--Staff and consultants
43 Staff of the Commission
44 Commission may engage consultants
Part 5--Finance
45 Law Reform Special Account
Part 6--Miscellaneous
51 Regulations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Endnote 5--Uncommenced amendments [none]
Endnote 6--Modifications [none]
Endnote 7--Misdescribed amendments [none]
Endnote 8--Miscellaneous [none]
The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Endnote 5--Uncommenced amendments
Endnote 6--Modifications
Endnote 7--Misdescribed amendments
Endnote 8--Miscellaneous
If there is no information under a particular endnote, the word "none" will appear in square brackets after the endnote heading.
Abbreviation key--Endnote 2
The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.
Uncommenced amendments--Endnote 5
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.
Modifications--Endnote 6
If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.
Misdescribed amendments--Endnote 7
An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.
Miscellaneous--Endnote 8
Endnote 8 includes any additional information that may be helpful for a reader of the compilation.
ad = added or inserted | pres = present |
am = amended | prev = previous |
c = clause(s) | (prev) = previously |
Ch = Chapter(s) | Pt = Part(s) |
def = definition(s) | r = regulation(s)/rule(s) |
Dict = Dictionary | Reg = Regulation/Regulations |
disallowed = disallowed by Parliament | reloc = relocated |
Div = Division(s) | renum = renumbered |
exp = expired or ceased to have effect | rep = repealed |
hdg = heading(s) | rs = repealed and substituted |
LI = Legislative Instrument | s = section(s) |
Sch = Schedule(s) | |
mod = modified/modification | Sdiv = Subdivision(s) |
No = Number(s) | SLI = Select Legislative Instrument |
o = order(s) | SR = Statutory Rules |
Ord = Ordinance | Sub-Ch = Sub-Chapter(s) |
orig = original | SubPt = Subpart(s) |
par = paragraph(s)/subparagraph(s) |
|
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
37, 1996 | 9 Oct 1996 | 11 Nov 1996 (see Gazette 1996, No. GN43) |
| |
Australian Law Reform Commission (Repeal, Transitional and Miscellaneous) Act 1996 | 38, 1996 | 9 Oct 1996 | Schedule 1: (a) | |
as amended by |
|
|
|
|
Law and Justice Legislation Amendment Act 1999 | 125, 1999 | 13 Oct 1999 | Schedule 2 (item 1): 9 Oct 1996 (aa) | -- |
152, 1997 | 24 Oct 1997 | Schedule 3 (item 2): (b) | -- | |
Public Employment (Consequential and Transitional) Amendment Act 1999 | 146, 1999 | 11 Nov 1999 | Schedule 1 (item 202): 5 Dec 1999 (see Gazette 1999, No. S584) | -- |
156, 1999 | 24 Nov 1999 | Schedule 10 (item 40): 13 Mar 2000 (see Gazette 2000, No. S114) | -- | |
148, 2010 | 17 Dec 2010 | Schedule 2: 1 July 2011 | Sch. 2 (items | |
46, 2011 | 27 June 2011 | Schedule 2 (items 184-188) and Schedule 3 (items 10, 11): 27 Dec 2011 | Sch. 3 (items 10, 11) | |
136, 2012 | 22 Sept 2012 | Schedule 1 (item 17): Royal Assent | -- | |
2, 2013 | 14 Feb 2013 | Schedule 3 (item 3): 1 July 2013 (see F2013L00484) | -- | |
Public Interest Disclosure (Consequential Amendments) Act 2013 | 134, 2013 | 15 July 2013 | -- | |
62, 2014 | 30 June 2014 | Sch 6 (items 19, 20) and Sch 7 (items 293-296): (c) | -- |
(a) Subsection 2(2) of the Australian Law Reform Commission (Repeal, Transitional and Miscellaneous) Act 1996 provides as follows:
(2) Schedule 1 commences immediately after the Commonwealth Authorities and Companies Act 1997 commences.
The Commonwealth Authorities and Companies Act 1997 came into operation on 1 January 1998.
(aa) The Australian Law Reform Commission (Repeal, Transitional and Miscellaneous) Act 1996 was amended by Schedule 2 (items 1 and 2) only of the Law and Justice Legislation Amendment Act 1999, subsections 2(2) and (3) of which provide as follows:
(2) Item 1 of Schedule 2 is taken to have commenced on 9 October 1996, immediately after the commencement of section 2 of the Australian Law Reform Commission (Repeal, Transitional and Miscellaneous) Act 1996 .
(3) Item 2 of Schedule 2 is taken to have commenced on 1 January 1998, immediately after the commencement of Schedule 1 to the Australian Law Reform Commission (Repeal, Transitional and Miscellaneous) Act 1996.
(b) The Australian Law Reform Commission Act 1996 was amended by Schedule 3 (item 2) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(3)(b) of which provides as follows:
(3) Schedule 3 commences as follows:
(b) the amendment of the Australian Law Reform Commission Act 1996 commences immediately after the commencement of Schedule 1 of the Australian Law Reform Commission (Repeal, Transitional and Miscellaneous) Act 1996;
Schedule 1 commenced on 1 January 1998.
(c) Subsection 2(1) (item 6) of the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
6. Schedules 6 to 12 | Immediately after the commencement of section 6 of the Public Governance, Performance and Accountability Act 2013. | 1 July 2014 |
Provision affected | How affected | |
Part 1 |
| |
s. 3..................... | am. No. 148, 2010 | |
Part 2 |
| |
s. 5..................... | am. No. 38, 1996 (as am. by No. 125, 1999); No. 148, 2010; No 62, 2014 | |
s. 6..................... | am. No. 148, 2010 | |
s. 7..................... | am. No. 148, 2010 | |
s. 8..................... | am. No. 148, 2010; No. 136, 2012 | |
s. 9..................... | am. No. 148, 2010 | |
s. 11.................... | am. No. 148, 2010 | |
s. 12.................... | rep. No. 148, 2010 | |
Heading to s. 13............ | rs. No. 148, 2010 | |
s. 13.................... | am. No. 148, 2010; No. 46, 2011 | |
Notes to s. 13(1), (2) ......... | ad. No. 46, 2011 | |
s. 14.................... | am. No. 148, 2010; No. 46, 2011 | |
Note to s. 14............... | ad. No. 46, 2011 | |
s. 16.................... | am. No. 148, 2010 | |
s. 17.................... | am. No. 38, 1996 (as am. by No. 125, 1999); No. 156, 1999 | |
| rs. No. 148, 2010 | |
s. 17A................... | ad. No. 148, 2010 | |
s. 18.................... | rs. No. 148, 2010 | |
s. 19.................... | am. No. 146, 1999; No. 148, 2010 | |
Part 3 |
| |
s. 24.................... | am. No. 148, 2010 | |
s. 26.................... | am. No. 38, 1996 (as am. by No. 125, 1999); No. 148, 2010 | |
Note to s. 26(2A)........... | am No 2 and 134, 2013 | |
Part 4 |
| |
Division 1 |
| |
s. 27.................... | rs. No. 148, 2010 | |
ss. 28-30................. | rep. No. 148, 2010 | |
s. 31.................... | am. No. 38, 1996 (as am. by No. 125, 1999) | |
| rep. No. 148, 2010 | |
s. 32.................... | rep. No. 148, 2010 | |
s. 33.................... | rep. No. 38, 1996 | |
s. 34.................... | rs. No. 148, 2010 | |
Division 2 |
| |
s. 36.................... | am. No. 148, 2010 | |
s. 39.................... | am. No. 38, 1996; No. 148, 2010 | |
| rep No 62, 2014 | |
s. 40.................... | rs. No. 148, 2010 | |
| rep No 62, 2014 | |
Div. 3 of Part 4............. | rep. No. 148, 2010 | |
ss. 41, 42................. | rep. No. 148, 2010 | |
Division 4 |
| |
s. 43.................... | rs. No. 148, 2010 | |
s. 44.................... | am. No. 148, 2010 | |
Part 5 |
| |
Part 5................... | rs. No. 148, 2010 | |
s. 45.................... | am. No. 38, 1996 | |
| rs. No. 148, 2010 | |
| am No 62, 2014 | |
Note to s 45(3)............. | am No 62, 2014 | |
Note to s 45(4)............. | rs No 62, 2014 | |
s. 46.................... | rep. No. 148, 2010 | |
s. 47.................... | am. No. 38, 1996 (as am. by No. 125, 1999) | |
| rep. No. 148, 2010 | |
s. 48.................... | rep. No. 38, 1996 | |
s. 49.................... | rep. No. 148, 2010 | |
Part 6 |
| |
s. 50.................... | rep. No. 148, 2010 | |
Endnote 5--Uncommenced amendments [none]
Endnote 6--Modifications [none]
Endnote 7--Misdescribed amendments [none]
Endnote 8--Miscellaneous [none]