Commonwealth Numbered Acts

PROTECTION OF THE SEA (POWERS OF INTERVENTION) ACT 1981 No. 33, 1981 - SECT 24

24. (1) Sections 48, 49 and 50 of the Acts Interpretation Act 1901 apply in
relation to orders made in pursuance of the regulations as if references in
those sections to regulations were references to such orders and references in
those sections to an Act included a reference to regulations.

(2) An order made in pursuance of the regulations shall not be deemed to be a
statutory rule within the meaning of the Statutory Rules Publication Act 1903,
but sub-sections 5 (3) to (3C) (inclusive) of that Act apply in relation to
such orders in like manner as they apply in relation to statutory rules.

(3) Unless the contrary intention appears, expressions used in orders made in
pursuance of the regulations have the same meanings as in this Act.

(4) Orders made in pursuance of the regulations shall be read subject to this
Act and the regulations and so as not to exceed the power conferred by this
Act and the regulations to the intent that, where such orders would, but for
this sub-section, have been construed as being in excess of the power
conferred by this Act and the regulations, they shall be deemed to be valid
orders to the extent to which they are not in excess of that power.

(5) Where an order made in pursuance of the regulations is inconsistent with a
provision of this Act or the regulations, the latter shall prevail and the
former shall, to the extent of the inconsistency, be of no force or effect.

(6) Section 49A of the Acts Interpretation Act 1901 applies in relation to the
making of orders in pursuance of the regulations in like manner as it applies
in relation to the making of regulations.

(7) Notwithstanding section 49A of the Acts Interpretation Act 1901, the
regulations may make provision for or in relation to a matter by applying,
adopting or incorporating any matter contained in orders made in pursuance of
the regulations as existing from time to time.