Acts Interpretation Act 1901

46A DISALLOWABLE INSTRUMENTS  
46A(1)
Where a provision (in this subsection called the ``enabling provision'' ) of a law confers power to make an instrument (however described) and the enabling provision or any other provision of the law expressly provides that the instrument is a disallowable instrument for the purposes of this section, then, except so far as the law otherwise provides:

(a) sections 48, 48A, 48B, 49 and 50 apply in relation to the instrument as if:

(i) references to regulations were references to the instrument;

(ii) references to a regulation were references to a provision of the instrument;

(iii) references to repeal were references to revocation;

(iiia) references in subsection 48(7) to another regulation included references to a provision of another instrument made under the enabling provision; and

(iv) where the enabling provision is a provision of regulations - references to an Act were references to regulations;

(b) section 49A applies in relation to the instrument as if:

(i) the instrument were regulations under an Act; and

(ii) the reference in paragraph (1)(a) to regulations included a reference to other instruments made under the enabling provision;

(c) the instrument shall not be taken to be a statutory rule within the meaning of the Statutory Rules Publication Act 1903 , but subsections 5(3) to (3C) (inclusive) of that Act apply in relation to the instrument as they apply in relation to statutory rules;

(d) for the purposes of the application of subsection 5(3B) of that Act under paragraph (c) of this subsection, the reference in that subsection to the Minister specified in that subsection shall be read as a reference to a Minister administering the enabling provision; and

(f) if the enabling provision is a provision of regulations, the instrument shall be deemed to be an enactment for the purposes of the Administrative Appeals Tribunal Act 1975 .

46A(2)
A reference in subsection (1) to a law is a reference to an Act or to regulations.