Legislation Act 2003
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View history noteCh 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
Rule-makers
(1)
In this Act, rule-maker , for an instrument, means:
(a) for an instrument made by the Governor-General that is made under enabling legislation (whether or not it may also be made under any other power) - the Minister currently responsible for administering the provision of the enabling legislation under which the instrument is made; or
(b) for an instrument made by the Governor-General, in any other case - the Prime Minister, or a Minister prescribed by regulation for the purposes of this paragraph; or
(c) for an instrument made by a person other than the Governor-General - a person currently authorised to make the instrument.
Responsible persons
(2)
In this Act, responsible person means:
(a) for an Act or a provision of an Act - the Minister currently responsible for administering the Act or provision; or
(b) for an instrument - the rule-maker for the instrument.
(3)
If more than one Minister is currently responsible for administering an Act, or a provision of an Act:
(a) each of those Ministers is a responsible person for the Act or provision (as the case may be); and
(b) the performance of a function or duty under this Act (in relation to the Act or provision administered) by any of the Ministers discharges the function or duty.
S 6 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 6 formerly read:
SECTION 6 Instruments declared to be legislative instruments
6
Without limiting the generality of subsection
5(1)
, each of the following instruments is, subject to sections
7
and
9
, a legislative instrument:
(a)
an instrument:
(i)
made in the exercise of a power delegated by the Parliament before, on or after the commencing day; and
(ii)
described as a regulation by the enabling legislation;
(b)
an instrument, other than a regulation:
(i)
made in the exercise of a power delegated by the Parliament before the commencing day; and
(ii)
required to be printed and sold as a statutory rule under subsection 5(1) of the
Statutory Rules Publication Act 1903
as in force at any time before the commencing day;
(c)
an instrument:
(i)
made in the exercise of a power delegated by the Parliament before, on or after the commencing day in an Act providing for the government of a non-self-governing Territory; and
(ii)
described in that Act as an Ordinance or as a rule, regulation or by-law made under such an Ordinance;
(d)
an instrument made in the exercise of a power delegated by the Parliament before the commencing day and, in accordance with a provision of the enabling legislation:
(i)
declared to be a disallowable instrument for the purposes of section
46A
of the
Acts Interpretation Act 1901
as in force at any time before the commencing day; or
(ii)
otherwise able to be disallowed under Part
XII
of the
Acts Interpretation Act 1901
as in force at any time before the commencing day;
(e)
a Proclamation made before, on or after the commencing day under enabling legislation.
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