Legislation Act 2003
If a primary law gives power to do something by notifiable instrument, then:
(a) if the thing is done, it must be done by instrument; and
(b) that instrument is a notifiable instrument .
A primary law provides that " The Minister may, by notifiable instrument, approve a form for the purposes of this section. " .
A primary law provides as follows:
" (1) The Chief Executive may, by instrument, appoint an inspector for the purposes of section [X]. (2) The Chief Executive may, by instrument, approve a form for the purposes of section [Y]. (3) An instrument made by the Chief Executive under subsection (1) or (2) is a notifiable instrument. " .
Each of the following is a notifiable instrument :
(a) a commencement instrument for an Act, legislative instrument or notifiable instrument, or for a provision of an Act or such an instrument;
(b) an instrument, other than a legislative instrument, prescribed by regulation for the purposes of this paragraph;
(c) an instrument, other than a legislative instrument, that is registered as a notifiable instrument, if the instrument is made under a power delegated by the Parliament or another power given by law;
(d) an instrument, other than a legislative instrument, that includes a provision that amends or repeals another notifiable instrument.
The effect of paragraph (c) is that an instrument (other than a legislative instrument) may be a notifiable instrument because it is registered as a notifiable instrument, even if it would not otherwise be a notifiable instrument because of this section. For a corresponding provision relating to legislative instruments, see subsection 8(3) .Modification of the operation of this Act (3)
The enabling legislation for a notifiable instrument, or a regulation under this Act in relation to a notifiable instrument, may modify the operation of this Act in relation to the instrument.
Example:Registration to satisfy other publication or notification requirements (4)
Such a regulation may provide that a provision of this Act about explanatory statements that is expressed to apply in relation to legislative instruments is also to apply to a particular class of notifiable instruments.
If an Act or an instrument requires an instrument (other than a legislative instrument), or the particulars of the instrument ' s making, to be published or notified in the Gazette or in any other way, then, unless the contrary intention appears, the requirement is taken to be satisfied if the instrument is registered as a notifiable instrument.
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