Commonwealth Consolidated Acts

LEGISLATION ACT 2003 - SECT 11

What is a notifiable instrument?

  (1)   If a primary law gives power to do something by notifiable instrument, then:

  (a)   if the thing is done, it must be done by instrument; and

  (b)   that instrument is a notifiable instrument .

Example 1:   A primary law provides that "The Minister may, by notifiable instrument, approve a form for the purposes of this section.".

Example 2:   A primary law provides as follows:

"(1)   The Chief Executive may, by instrument, appoint an inspector for the purposes of section [X].

(2)   The Chief Executive may, by instrument, approve a form for the purposes of section [Y].

(3)   An instrument made by the Chief Executive under subsection   ( 1) or (2) is a notifiable instrument.".

  (2)   Each of the following is a notifiable instrument :

  (a)   a commencement instrument for an Act, legislative instrument or notifiable instrument, or for a provision of an Act or such an instrument;

  (b)   an instrument, other than a legislative instrument, prescribed by regulation for the purposes of this paragraph;

  (c)   an instrument, other than a legislative instrument, that is registered as a notifiable instrument, if the instrument is made under a power delegated by the Parliament or another power given by law;

  (d)   an instrument, other than a legislative instrument, that includes a provision that amends or repeals another notifiable instrument.

Note:   The effect of paragraph   ( c) is that an instrument (other than a legislative instrument) may be a notifiable instrument because it is registered as a notifiable instrument, even if it would not otherwise be a notifiable instrument because of this section. For a corresponding provision relating to legislative instruments, see subsection   8(3).

Modification of the operation of this Act

  (3)   The enabling legislation for a notifiable instrument, or a regulation under this Act in relation to a notifiable instrument, may modify the operation of this Act in relation to the instrument.

Example:   Such a regulation may provide that a provision of this Act about explanatory statements that is expressed to apply in relation to legislative instruments is also to apply to a particular class of notifiable instruments.

Registration to satisfy other publication or notification requirements

  (4)   If an Act or an instrument requires an instrument (other than a legislative instrument), or the particulars of the instrument's making, to be published or notified in the Gazette or in any other way, then, unless the contrary intention appears, the requirement is taken to be satisfied if the instrument is registered as a notifiable instrument.