Report No. 60
12.9. Position in Australia as to publication.-
In Australia, section 5 of the Rules Publication Act, 1903-1939, provided that an instrument of subordinate legislation should be numbered, printed and made available for sale by the Government Printer. The same section also provided for publication, in the Australian Gazette of a notice that a rule has been made and that copies thereof would be available for purchase at specified places. It may be noted in this connection,1 that the provisions of section 5 of the (Australian) Rules Publication Act, 1903-1939, have to be read with section 48 of the Acts Interpretation Act, 1901-1966, which makes a general provision for compulsory notification in the Gazette of the making of all regulations.
Thus, in Australia publication of delegated legislation is compulsory, unless there is a specific exemption in any Particular Act. In fact, publication is not only compulsory, but also a condition precedent for the coming into force of subordinate legislation. Until 1937, no regulation could take effect unless it had been published but in 1937 some exceptions based on administrative convenience, and, broadly speaking, not involving the rights of individual citizens, were provided for under this rule.2 The Australian system has, for obvious reasons, won universal acclaim.
1. Kersell Parliamentary Supervision of Delegated Legislation, (1960), p. 9.
2. Benjafield and Whitmore Australian Administration Law, (1971), p. 106.