Legislation Act 2003

Chapter 1 - Introduction  

Part 2 - Key concepts for legislative instruments and notifiable instruments  

SECTION 11   Definition of notifiable instrument  

What is a notifiable instrument?

(1)  
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 .

Example 1:

A primary law provides that " The Minister may, by notifiable instrument, approve a form for the purposes of this section. " .

Example 2:

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. " .
  • (2)  
    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.

    Note:

    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:

    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.

    Registration to satisfy other publication or notification requirements

    (4)  
    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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