Does my instrument need to be published on the legislation website (notified) or gazetted?
Notification
Your instrument needs to be notified if:
- It is a statutory rule as defined in the Interpretation Act 1987 (i.e. it is a regulation, a by-law made or approved by the Governor, or a court rule).
- It is a commencement proclamation for an Act.
- It is a local environmental plan or State environmental planning policy.
- The legislation under which the instrument is made requires it to be ‘published on the NSW legislation website’.
Gazettal
Your instrument needs to be gazetted as a notice if there is a legislative requirement that it must be published in the NSW Government Gazette. If the legislative requirement is that the notice may be published in the NSW Government Gazette, you can choose to arrange for gazettal.
In the lodgement form we ask for the name of the legislation and provision(s) providing for gazettal of the notice or instrument. More than one legislative provision can be entered. These details can also appear in your notice.
Please check carefully to confirm there is a current legislative requirement that has not changed since you last lodged a similar notice. Examples—
- Many notices under the Commonwealth Corporations Act are now required to be published on the Australian Securities and Investments Commission (ASIC) website rather than in the gazette.
- Some notices require publication in an appropriate newspaper rather than in the gazette.
- Many appointments and delegations do not have a legislative requirement to be published in the gazette.
- Estate, probate and related notices can be lodged in the NSW Online Registry.
- State funeral notices are now published in News and Events on the NSW government website.
Exceptions are made for notices from Parliament and the courts and may be made in other circumstances. If you would like to discuss waiving the legislative requirement for your notice, please email us at nswgazette.help@pco.nsw.gov.au.
Last updated 25 June 2024 at 13:49