National Consumer Credit Protection Act 2009

SCHEDULE 1 - NATIONAL CREDIT CODE  

Note:

See section 3 of the National Credit Act.

PART 14 - MISCELLANEOUS PROVISIONS RELATING TO INTERPRETATION  

Division 4 - Functions and powers  

215   Matters for which statutory instruments may make provision  

215(1)    
If this Code authorises or requires the making of a statutory instrument in relation to a matter, a statutory instrument made under this Code may make provision for the matter by applying, adopting or incorporating (with or without modification) the provisions of:

(a) an Act or statutory instrument; or

(b) another document (whether of the same or a different kind);

as in force at a particular time or as in force from time to time.

215(2)    
If a statutory instrument applies, adopts or incorporates the provisions of a document, the statutory instrument applies, adopts or incorporates the provisions as in force from time to time, unless the statutory instrument otherwise expressly provides.

215(3)    
A statutory instrument may:

(a) apply generally to all persons, matters or things or be limited in its application to:

(i) particular persons, matters or things; or

(ii) particular classes of persons, matters or things; or

(b) otherwise apply generally or be limited in its application by reference to specified exceptions or factors.

215(4)    
A statutory instrument may:

(a) apply differently according to different specified factors; or

(b) otherwise make different provision in relation to:

(i) different persons, matters or things; or

(ii) different classes of persons, matters or things.

215(5)    
A statutory instrument may authorise a matter or thing to be from time to time determined, applied or regulated by a specified person or body.

215(6)    
If this Code authorises or requires a matter to be regulated by statutory instrument, the power may be exercised by prohibiting by statutory instrument the matter or any aspect of the matter.

215(7)    
If this Code authorises or requires provision to be made with respect to a matter by statutory instrument, a statutory instrument made under this Code may make provision with respect to a particular aspect of the matter despite the fact that provision is made by this Code in relation to another aspect of the matter or in relation to another matter.

215(8)    
A statutory instrument may provide for the review of, or a right of appeal against, a decision made under the statutory instrument, or this Code, and may, for that purpose, confer jurisdiction on any court, tribunal, person or body.

215(9)    
A statutory instrument may require a form prescribed by or under the statutory instrument, or information or documents included in, attached to or given with the form, to be verified by statutory declaration.