Ch 1 heading inserted by No 10 of 2015, s 3 and Sch 1 item 2, effective 5 March 2016. See note under the title of the Act.

Pt 1 heading substituted by No 10 of 2015, s 3 and Sch 1 item 2, effective 5 March 2016. See note under the title of the Act. The heading formerly read:

Part 1 - Preliminary

S 5 substituted by No 10 of 2015, s 3 and Sch 1 item 12, effective 5 March 2016. See note under the title of the Act. S 5 formerly read:

SECTION 5 Definition - a legislative instrument  
(1)
Subject to sections 6 , 7 and 9 , a legislative instrument is an instrument in writing:

(a) that is of a legislative character; and

(b) that is or was made in the exercise of a power delegated by the Parliament.
(2)
Without limiting the generality of subsection (1), an instrument is taken to be of a legislative character if:

(a) it determines the law or alters the content of the law, rather than applying the law in a particular case; and

(b) it has the direct or indirect effect of affecting a privilege or interest, imposing an obligation, creating a right, or varying or removing an obligation or right.
(3)
An instrument that is registered is taken, by virtue of that registration and despite anything else in this Act, to be a legislative instrument.
(4)
If some provisions of an instrument are of a legislative character and others are of an administrative character, the instrument is taken to be a legislative instrument for the purposes of this Act.