Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Section 42 does not apply in relation to a legislative instrument, or a provision of a legislative instrument if the enabling legislation for the instrument (not being the Corporations Act 2001 ):
(a) facilitates the establishment or operation of an intergovernmental body or scheme involving the Commonwealth and one or more States or Territories ; and
(b) authorises the instrument to be made by the body or for the purposes of the body or scheme;
unless the instrument is a regulation, or the enabling legislation or some other Act has the effect that the instrument is disallowable.
(2) Section 42 does not apply in relation to a legislative instrument, or a provision of a legislative instrument, if:
(a) an Act declares, or has the effect, that section 42 does not apply in relation to the instrument or provision; or
(b) the legislative instrument is prescribed by regulation for the purposes of this paragraph.
(3) Prescribing a kind of instrument by regulation for the
purposes of paragraph ( 2)(b) does not imply that every instrument of
that kind is a legislative instrument.