Commonwealth Consolidated Acts

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LEGISLATION ACT 2003 - SECT 54

Instruments to which this Part does not apply

  (1)   This Part does not apply in relation to 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.

  (2)   This Part does not apply in relation to a legislative instrument if:

  (a)   an Act provides, or has the effect, that this Part does not apply in relation to the instrument; or

  (b)   the legislative instrument is prescribed by regulation for the purposes of this paragraph; or

  (c)   the legislative instrument is a regulation made for the purposes of:

  (i)   paragraph   8(6)(b) (which covers instruments that are not legislative instruments); or

  (ii)   paragraph   10(1)(c) (which covers instruments that are legislative instruments); or

  (iii)   paragraph   11(2)(b) (which covers instruments that are notifiable instruments); or

  (iv)   paragraph   44(2)(b) (which covers instruments that are not subject to disallowance); or

  (v)   paragraph   (b) of this subsection.

  (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.

 

 



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