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LEGISLATION (EXEMPTIONS AND OTHER MATTERS) REGULATION 2015 - REG 7

Particular instruments that are not legislative instruments

    For paragraph   8(6)(b) of the Act, each instrument referred to in an item of the following table is not a legislative instrument.

 

Particular instruments that are not legislative instruments

Item

Instrument

1

Each of the following:

(a) a declaration made under regulation   6 of the Airspace Regulations   2007 ;

(b) a determination made under subregulation   9(2) of those Regulations

2

An order made by the Commissioner under section   38 of the Australian Federal Police Act 1979

3

A determination made under section   32 of the Australian Postal Corporation Act 1989

4

A guideline given under section   8A of the Australian Security Intelligence Organisation Act 1979

5

Each of the following:

(a) an instrument made under the Aviation Transport Security Act 2004 (other than a regulation made under that Act or an instrument made under section   107 of that Act);

(b) an instrument made under a regulation made under that Act

6

A notice given under subsection   10(2) of the Census and Statistics Act 1905

6A

Each of the following:

(a) a declaration made or recorded in writing under section   16A or 17 of the Christmas Island Emergency Management Ordinance 2012 ;

(b) an extension given or recorded in writing under section   16B or 18 of that Ordinance;

(c) a revocation given or recorded in writing under section   16C or 19 of that Ordinance

6B

Each of the following:

(a) a declaration made or recorded in writing under section   16A or 17 of the Cocos (Keeling) Islands Emergency Management Ordinance 2012 ;

(b) an extension given or recorded in writing under section   16B or 18 of that Ordinance;

(c) a revocation given or recorded in writing under section   16C or 19 of that Ordinance

7

Each of the following:

(a) a determination made under section   48, 65, 73, 76 or 76A of the Commonwealth Electoral Act 1918 ;

(b) a direction made under section   59 of that Act;

(c) an instrument made under section   80 of that Act

8

A record - keeping rule made under subsection   151BU(1) of the Competition and Consumer Act 2010 for and in relation to one or more specified carriers or one or more specified carriage service providers (other than a carrier or carriage service provider specified by inclusion in a specified class)

9

An instrument (other than a regulation or other instrument that was disallowable before 1   January 2005) made under the Corporations Act 2001 that, in relation to:

(a) a specified person (other than a person specified by membership of a class) or to persons associated with that specified person; or

(b) a specified facility (other than a facility specified by membership of a class); or

(c) a specified financial product (other than a product specified by membership of a class);

has the effect of:

(d) exempting the person, facility or product from the rules made under that Act; or

(e) modifying the operation of the rules made under that Act in their application to the person, facility or product

10

Each of the following:

(a) an instrument made under section   161J of the Customs Act 1901 ;

(b) a determination made under section   273 of that Act;

(c) an instrument made under Part   XVB of that Act

11

An instrument made under section   8, 9, 10 or 11 of the Customs Tariff (Anti - Dumping) Act 1975

12

Each of the following:

(a) an instruction issued under section   11 of the Defence Act 1903 ;

(b) a determination made under section   58H of that Act

14

A certificate issued under regulation   5A of the Diplomatic Privileges and Immunities Regulations   1989

15

A fair work instrument (within the meaning of the Fair Work Act 2009 )

16

A transitional instrument or Division   2B State instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 )

17

An instrument made under subsection   42(1) of the Foreign Evidence Act 1994

18

A declaration of a state of emergency made under the Jervis Bay Territory Emergency Management Ordinance 2015

19

An order made under subsection   85(1) of the Jervis Bay Territory Rural Fires Ordinance 2014

20

A legal services direction issued under paragraph   55ZF(1)(b) of the Judiciary Act 1903

21

Each of the following:

(a) an instrument made under the Maritime Transport and Offshore Facilities Security Act 2003 (other than a regulation made under that Act or an instrument made under section   182 of that Act);

(b) an instrument made under a regulation made under that Act

22

A designation made under section   11 of the Payment Systems (Regulation) Act 1998

23

An order made under paragraph   4.1(c) or (f) and subsection   6.2 of the Programs and Awards Statute 2013 , made under the Australian National University Act 1991

24

An instrument made under section   72 of the Public Service Act 1999

25

A determination made under subsection   1084(1) or 1118A(2) of the Social Security Act 1991

26

A determination made under paragraph   154A(4)(c) of the Superannuation Act 1976

27

A determination made under paragraph   3.1(d) of the Trust Deed that is made under section   4 of the Superannuation Act 1990

28

A determination made under paragraph   3.1(e) of the Superannuation (PSSAP) Trust Deed made under section   10 of the Superannuation Act 2005

29

An instrument (other than a regulation or other instrument that was disallowable before 1   January 2005) made under the Superannuation Industry (Supervision) Act 1993 that, in relation to:

(a) a specified person (other than a person specified by membership of a class) or to persons associated with that specified person; or

(b) a specified financial product (other than a product specified by membership of a class);

has the effect of:

(c) exempting the person or product from the rules made under that Act; or

(d) modifying the operation of the rules made under that Act in their application to the person or product

30

A private ruling given or a public ruling made under the Taxation Administration Act 1953

31

Each of the following:

(a) an instrument issued by the Defence Force under paragraph   5B(2)(a) of the Veterans' Entitlements Act 1986 ;

(b) an instrument made under paragraph   5B(2)(b) of that Act;

(c) an instrument made under paragraph   5B(2)(c) of that Act;

(d) a determination made under section   5R of that Act;

(e) an instrument made under subsection   6D(1) of that Act;

(f) a determination made under subsection   46L(1) or 52AA(2) of that Act;

(g) a designation made in accordance with paragraph   (b) of the definition of Peacekeeping Force in subsection   68(1) of that Act

 



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