South Australian Current Acts

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PROTECTION OF MARINE WATERS (PREVENTION OF POLLUTION FROM SHIPS) ACT 1987 - SECT 42

42—Orders

        (1)         Orders made pursuant to the regulations are subject to disallowance by Parliament.

        (2)         Sections 10, 11 and 12 of the Subordinate Legislation Act 1978 apply in relation to orders made pursuant to the regulations as if references in those sections to regulations were references to such orders.

        (3)         Unless the contrary intentions appears, expressions used in orders made pursuant to the regulations have the same meanings as in this Act.

        (4)         Orders made pursuant to 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 subsection, 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 pursuant to 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.



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