Acts Interpretation Act 1901

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

SECTION 46   CONSTRUCTION OF INSTRUMENTS  

46(1)  


If a provision confers on a person (the authority ) the power to make an instrument other than a legislative instrument, notifiable instrument or a rule of court, then:


(a) this Act applies to any instrument so made as if it were an Act and as if each provision of the instrument were a section of an Act; and


(b) expressions used in any instrument so made have the same meaning as in the Act or instrument, as in force from time to time, that authorises the making of the instrument in which the expressions are used; and


(c) any instrument so made is to be read and construed subject to the enabling legislation as in force from time to time, and so as not to exceed the power of the authority.

46(2)  


If any instrument so made would, but for this subsection, be construed as being in excess of the authority's power, it is to be taken to be a valid instrument to the extent to which it is not in excess of that power.

46(3)  


The amendment of an instrument, other than a legislative instrument or a notifiable instrument, or a rule of court, by an Act does not prevent the instrument, as so amended, from being amended or repealed by the authority.
Note:

This provision has a parallel, in relation to legislative instruments and notifiable instruments, in section 13 of the Legislation Act 2003 .


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.