Legislation Act 2003

Chapter 3 - Legislative instruments and notifiable instruments  

Part 4 - Sunsetting of legislative instruments  

SECTION 54   Instruments to which this Part does not apply  

(1)  


This Part does not apply in relation to a legislative instrument if the enabling legislation for the instrument (not being the Corporations Act 2001 ):


(a) facilitates the establishment or operation of an intergovernmental body or scheme involving the Commonwealth and one or more States or Territories; and


(b) authorises the instrument to be made by the body or for the purposes of the body or scheme.

(2)  


This Part does not apply in relation to a legislative instrument if:


(a) an Act provides, or has the effect, that this Part does not apply in relation to the instrument; or


(b) the legislative instrument is prescribed by regulation for the purposes of this paragraph; or


(c) the legislative instrument is a regulation made for the purposes of:


(i) paragraph 8(6)(b) (which covers instruments that are not legislative instruments); or

(ii) paragraph 10(1)(c) (which covers instruments that are legislative instruments); or

(iii) paragraph 11(2)(b) (which covers instruments that are notifiable instruments); or

(iv) paragraph 44(2)(b) (which covers instruments that are not subject to disallowance); or

(v) paragraph (b) of this subsection.

(3)  


Prescribing a kind of instrument by regulation for the purposes of paragraph (2)(b) does not imply that every instrument of that kind is a legislative instrument.



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