New South Wales Consolidated Acts

ROAD TRANSPORT ACT 2013 - SECT 23

23 General power to make regulations and rules

(cf DL Act, s 19(1); Gen Act, s 10(1); STM Act, ss 71(1) and 72A; VR Act, s 14(1))

(1) The Governor may make regulations and rules, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) Without limiting section 43 of the Interpretation Act 1987 , the rules may amend or repeal the regulations and the regulations may amend or repeal the rules.

Note : Section 43 of the Interpretation Act 1987 provides that if an Act confers a power on any person or body to make a statutory rule, the power includes power to amend or repeal any statutory rule made in the exercise of that power.

(3) A reference in any other Act or law to a matter prescribed by the rules or regulations under this Act (however expressed) includes a reference to a matter prescribed by the statutory rules.

(4) The same legal rules and principles apply to the resolution of an inconsistency between a rule and a regulation as apply to the resolution of an inconsistency between regulations.