Legislation Act 2003

Chapter 3 - Legislative instruments and notifiable instruments  

Part 2 - Parliamentary scrutiny of legislative instruments  

SECTION 44   Legislative instruments that are not subject to disallowance  


Section 42 does not apply in relation to a legislative instrument, or a provision of a legislative instrument if the enabling legislation for the instrument (not being the Corporations Act 2001 ):

(a) facilitates the establishment or operation of an intergovernmental body or scheme involving the Commonwealth and one or more States or Territories; and

(b) authorises the instrument to be made by the body or for the purposes of the body or scheme;

unless the instrument is a regulation, or the enabling legislation or some other Act has the effect that the instrument is disallowable.


Section 42 does not apply in relation to a legislative instrument, or a provision of a legislative instrument, if:

(a) an Act declares, or has the effect, that section 42 does not apply in relation to the instrument or provision; or

(b) the legislative instrument is prescribed by regulation for the purposes of this paragraph.


Prescribing a kind of instrument by regulation for the purposes of paragraph (2)(b) does not imply that every instrument of that kind is a legislative instrument.


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