Victorian Current Acts

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POLLUTION OF WATERS BY OIL AND NOXIOUS SUBSTANCES ACT 1986 - SECT 31

Orders

    (1)     Orders made in pursuance of the regulations are subject to disallowance by Parliament.

    (2)     Section 28 of the Interpretation of Legislation Act 1984 and sections 5 and 6 of the Subordinate Legislation Act 1962 apply in relation to orders made in pursuance of the regulations as if references in those sections to subordinate instruments or statutory rules were references to such orders.

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

    (4)     Orders made in pursuance of the regulations shall be read subject to this Part and the regulations and so as not to exceed the power conferred by this Part 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 Part 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 Part 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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