For paragraph 44(2)(b) of the Act, section 42 of the Act (disallowance of legislative instruments) does not apply to a legislative instrument referred to in an item of the following table.
Note: The inclusion of a kind of instrument in the table does not imply that every instrument of that kind is a legislative instrument (see subsection 44(3) of the Act).
Particular legislative instruments that are not subject to disallowance | |
Item | Legislative instrument |
1 | A substituted reference order made under section 19B of the Acts Interpretation Act 1901 |
2 | Each of the following: (a) a notice given under subsection 17(1) of the Air Services Act 1995 ; (b) an instruction given under subsection 7(3) or (4) of the Air Services Regulations 2019 |
3 | Each of the following: (a) a determination made under regulation 5 of the Airspace Regulations 2007 ; (b) a designation made under regulation 8 of those Regulations; (c) a designation or determination made under regulation 11 of those Regulations; (d) a direction given under regulation 12 of those Regulations |
4 | A determination made under subsection 5(2) of the Australian Citizenship Act 2007 |
5 | A determination specifying drugs, made under section 4A of the Australian Federal Police Act 1979 |
6 | Each of the following: (a) a statute made under the Australian National University Act 1991 ; (b) a rule or order made under such a statute |
7 | Each of the following: (a) a rule made under section 60 of the Australian Research Council Act 2001 ; (b) a variation of a set of rules made under section 61 of that Act |
8 | Each of the following: (a) a standard made under section 122 of the Broadcasting Services Act 1992 ; (b) an amendment made under section 128 of that Act to a standard under Part 9 of that Act |
9 | A notice given under section 12A of the Civil Aviation Act 1988 |
10 | Each of the following: (a) an instrument made under paragraph 305A(1A)(a) of the Commonwealth Electoral Act 1918 ; (b) an instrument made under subsection 246(1) of that Act for the purposes of the meaning of station |
11 | A Proclamation made under section 3A or 3B of the Control of Naval Waters Act 1918 |
12 | Each of the following: (a) a determination made under section 126DA of the Customs Act 1901 ; (b) a determination made under paragraph 153L(1)(c), 153P(2)(c) or 153Q(1)(c) or subsection 153ZIH(2) of that Act; (c) a tariff concession order made under Part XVA of that Act; (d) an instrument made under section 269SC or 269SD of that Act; (e) a by - law made under section 271 of that Act for the purposes of Schedule 4 to the Customs Tariff Act 1995 |
13 | A revocation of a commercial tariff concession order to which section 20 of the Customs Legislation (Tariff Concessions and Anti - Dumping) Amendment Act 1992 applies |
14 | A notice made under subsection 16A(1) of the Customs Tariff Act 1995 |
15 | An instrument made under section 303CA, 344 or 350 of the Environment Protection and Biodiversity Conservation Act 1999 |
16 | A by - law made under section 165 of the Excise Act 1901 for the purposes of the Excise Tariff within the meaning of section 4 of that Act |
17 | Each of the following: (a) a Proclamation made under section 5 of the Flags Act 1953 ; (b) a warrant made under section 6 of that Act; (c) a rule made under section 7 of that Act |
18 | A Proclamation made under section 31 of the Great Barrier Reef Marine Park Act 1975 |
20 | Each of the following: (a) an instrument (other than a regulation) made under Part 1, 2 or 9 of the Migration Act 1958 ; (b) an instrument made under Part 1, 2 or 5 of, or Schedule 1, 2, 4, 5A or 8 to, the Migration Regulations 1994 |
21 | A determination made under subsection 6(1) of the Military Rehabilitation and Compensation Act 2004 |
22 | A declaration made under section 32 of the Mutual Recognition Act 1992 |
23 | A regulation made under section 7 of the National Transport Commission Act 2003 |
23A | Each of the following: (a) a determination made under subsection 7(2), 54(1) or 232(1) of the National Vocational Education and Training Regulator Act 2011 ; (b) an instrument made under paragraph 157(1)(p) of that Act; (c) a direction made under subsection 160(1) or 181(1) of that Act; (d) an instrument made under subsection 185(1), 186(1), 187(1), 188(1) or 189(1) of that Act |
24 | An instrument made under subsection 203AH(1) of the Native Title Act 1993 |
25 | Each of the following: (a) a direction given under section 20 of the Parliamentary Service Act 1999 ; (b) an instrument made under section 23 or subsection 24(3) of that Act |
26 | Each of the following: (a) an instrument made under Subdivision A of Division 3 of Part 3 of the Payment Systems (Regulation) Act 1998 ; (b) an instrument made under section 18 of that Act; (c) an instrument made under section 25 of that Act |
27 | Each of the following: (a) a direction issued under section 21 of the Public Service Act 1999 ; (b) an instrument made under section 23 or subsection 24(3) of that Act |
29 | An instrument made under subsection 60(1) or 106(1) of the Radiocommunications Act 1992 |
30 | An instrument made under subsection 463(1) of the Telecommunications Act 1997 |
31 | A declaration made under section 6 of the Terrorism and Cyclone Insurance Act 2003 |
32 | A declaration made under section 31 of the Trans - Tasman Mutual Recognition Act 1997 |
33 | A determination made for the purposes of the definition of non - warlike service or warlike service in subsection 5C(1) of the Veterans' Entitlements Act 1986 |