(1) A statutory instrument is subordinate legislation if—
(a) the statutory instrument is made under a provision of an Act that commenced before the commencement of the Statutory Instruments Act 1992; and
(b) had the statutory instrument been made immediately before the commencement of the Statutory Instruments Act 1992—it would have been required to be tabled in, and subject to disallowance by, the Legislative Assembly.
Note—
The commencement of the Statutory Instruments Act 1992 is 1 June 1992.
(2) Subsection (1) does not apply to an instrument that, under a declaration made by an Act, is, or is not, subordinate legislation.
(3) A statutory instrument mentioned in schedule 1 is subordinate legislation.