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LEGISLATIVE INSTRUMENTS ACT 2003 No. 139, 2003 - SECT 54

Instruments to which this Part does not apply
(1)
This Part does not apply in relation to a legislative instrument made before, on or after the commencing day, 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; 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 to any legislative instrument that is included in the table below:


Legislative instruments that are not subject to sunsetting


Item


Particulars of instrument


1


Instruments made under section 8 or 9 of the Aboriginal Land Grant (Jervis Bay Territory) Act 1986


2


Instruments relating to aviation security made under the Air Navigation Act 1920 or under the regulations made under that Act


3


Instruments relating to aviation safety made under the Air Services Act 1995 or the Air Services Regulations


4


National Capital Plan made under the Australian Capital Territory (Planning and Land Management) Act 1988


5


Determinations specifying drugs, made under section 4A of the Australian Federal Police Act 1979


6


Statutes made under the Australian National University Act 1991 or rules or orders made under those statutes


7


Instruments made under section 32 of the Australian Postal Corporation Act 1989


8


Instruments made under section 25 or 26 of the Broadcasting Services Act 1992


9


Instruments relating to aviation safety made under the Civil Aviation Act 1988 , the Civil Aviation Regulations 1988 or the Civil Aviation Safety Regulations 1998


10


Fee waiver principles made under subsection 91(1A) of the Classification (Publications, Films and Computer Games) Act 1995


11


Notifications under section 28 or 43 of the Commonwealth Authorities and Companies Act 1997


12


Determinations made under paragraph 153J(1)(c), 153L(1)(c), 153P(2)(c) or 153Q(1)(c) of the Customs Act 1901


13


Revocations made under subsection 153K(3) or 153LA(3) of the Customs Act 1901


14


Instruments made under subsection 161J(2) or (3) of the Customs Act 1901


15


Instruments made under section 178, 181, 183, 184, 207A, 248, 249, 303CA, 303DB, 303DC, 303EB, 303EC, 303FG, 344 or 350 of the Environment Protection and Biodiversity Conservation Act 1999


16


Excise By-law No. 75, 114, 127, 129, 151 or 154 made under section 165 of the Excise Act 1901


17


Determinations made under subsection 20(1), (2) or (3), agreements made under section 31, directions given under section 32, or instructions given under section 52, of the Financial Management and Accountability Act 1997


18


Determinations made under Order 6.2.1 of the Financial Management and Accountability Orders 1997 made under section 63 of the Financial Management and Accountability Act 1997


19


Guidelines issued under regulations made pursuant to section 64 of the Financial Management and Accountability Act 1997


20


Plans of management made under section 17 of the Fisheries Management Act 1991 and instruments amending such plans made under section 20 of that Act


21


Proclamations made under section 5, warrants made under section 6, or rules made under section 7, of the Flags Act 1953


22


Proclamations made under section 31 of the Great Barrier Reef Marine Park Act 1975 , zoning plans prepared under section 32 of that Act, instruments made under section 37 of that Act amending or revoking such zoning plans, plans of management prepared in accordance with Part VB of that Act, instruments made under section 39ZG of that Act amending such plans of management, or instruments made under section 39ZH of that Act revoking such plans of management


23


Statutes made under the Maritime College Act 1978 or rules made under those statutes


24


Instruments made under section 7 or 9 of the Motor Vehicle Standards Act 1989


25


Declarations made by Ministers under section 32 of the Mutual Recognition Act 1992


26


Instruments made under subparagraph 26(1)(c)(iv), subsection 26A(1), 26B(1) or 26C(2), paragraph 43(1)(b) or 43A(1)(b), section 203AD, 203AE, 203AF or 203AG, subsection 203AH(1) or (2), 207A(1), 207B(3), 245(4) or 251C(4) or (5), or paragraph (i) of the definition of infrastructure facility in section 253, of the Native Title Act 1993


27


Instruments made under section 421, or Marine Orders made under subsection 425(1AA), of the Navigation Act 1912


28


Navigation (Collision) Regulations 1982 made pursuant to section 258, or Navigation (Orders) Regulations 1980 made pursuant to subsection 425(1), of the Navigation Act 1912


29


Directions issued under section 20 of the Parliamentary Service Act 1999


30


Instruments made under section 23 or subsection 24(3) of the Parliamentary Service Act 1999


31


Approvals made under section 9 of the Payment Systems and Netting Act 1998


32


Access regimes imposed under section 12, variations of access regimes under section 14, revocation of access regimes under section 15, standards determined, or instruments varying or revoking such standards, under section 18, or instruments made under section 25, of the Payment Systems (Regulation) Act 1998


33


Marine Orders made under subsection 24(1) of the Protection of the Sea (Powers of Intervention) Act 1981


34


Protection of the Sea (Powers of Intervention) Regulations made under section 23 of the Protection of the Sea (Powers of Intervention) Act 1981


35


Marine Orders made under subsection 34(1) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983


36


Protection of the Sea (Prevention of Pollution from Ships) (Orders) Regulations 1994 made under subsection 33(1) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983


37


Directions issued under section 21 of the Public Service Act 1999


38


Instruments made under section 23 or subsection 24(3) of the Public Service Act 1999


39


Instruments required to be laid before the Parliament under subsection 7(7) of the Remuneration Tribunal Act 1973


40


Declarations made by Ministers under section 31 of the Trans-Tasman Mutual Recognition Act 1997


41


Instruments made under Annual Appropriation Acts


42


Instruments (other than regulations) relating to superannuation


43


Legislative instruments the sole purpose of which, or a primary purpose of which, is to give effect to an international obligation of Australia


44


Legislative instruments the sole purpose of which, or a primary purpose of which, is to confer heads of power on a self-governing Territory


45


Legislative instruments that establish a body having power to enter into contracts for the purposes of the body's functions


46


Ministerial directions to any person or body


47


Ordinances of the non self-governing Territories


48


Proclamations that provide solely for the commencement of Acts or provision of Acts


49


Certificates issued by the Attorney-General under section 10 or 11 of this Act


50


Regulations made for the purposes of item 24 of the table in subsection 7(1), item 44 of the table in subsection 44(2) or item 51 of this table


51


Legislative instruments that are prescribed by the regulations for the purposes of this table




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