(1) If an Act or statutory instrument (the authorising law ) gives power to make a statutory instrument, the instrument may require the making of a statutory declaration.
Note The Statutory Declarations Act 1959
(Cwlth) applies to the making of statutory declarations under territory laws (see that Act, s 5).
(2) Subsection (1) applies—
(a) whether or not the authorising law authorises or requires penalties to be prescribed by instrument; and
(b) if the authorising law authorises or requires penalties to be prescribed by instrument—irrespective of the level of penalties that may be prescribed.
(3) This section is a determinative provision.
Note See s 5 for the meaning of
determinative provisions, and s 6 for their displacement.