ACTS INTERPRETATION ACT 1901

PART 10 - INSTRUMENTS NOT COVERED BY THE LEGISLATION ACT 2003, AND PARLIAMENTARY RESOLUTIONS  

SECTION 46AA   PRESCRIBING MATTERS BY REFERENCE TO OTHER INSTRUMENTS  

46AA(1)  


If legislation authorises or requires provision to be made in relation to any matter in an instrument, other than a legislative instrument, a notifiable instrument or a rule of court, that instrument may make provision in relation to that matter:


(a) by applying, adopting or incorporating, with or without modification, any of the following, as in force at a particular time or as in force from time to time:


(i) the provisions of an Act;

(ii) the provisions of a legislative instrument covered by subsection (3);

(iii) the provisions of rules of court; or


(b) subject to subsection (2), by applying, adopting or incorporating, with or without modification, any matter contained in any other instrument or writing as in force or existing at:


(i) the time the first-mentioned instrument commences; or

(ii) a time before the first-mentioned instrument commences (whether or not the other instrument is still in force, or the other writing still exists, at the time the first-mentioned instrument commences).

46AA(2)  


The instrument may not make provision in relation to that matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.

46AA(3)  


The following legislative instruments are covered by this subsection:


(a) disallowable legislative instruments within the meaning of the Legislation Act 2003 ;


(b) legislative instruments that were disallowable under this or any other Act at any time before 1 January 2005.

Note 1:

Section 4 of the Legislation Act 2003 defines a disallowable legislative instrument as a legislative instrument to which section 42 of that Act applies.

Note 2:

The substantive provisions of the Legislation Act 2003 commenced on 1 January 2005.

Forms

46AA(4)  


If an instrument provides for a form to be used, this section does not apply in relation to the form.
Note:

This provision has a parallel, in relation to legislative instruments and notifiable instruments, in section 14 of the Legislation Act 2003 .




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.