Legislation (Exemptions and Other Matters) Regulation 2015
For paragraph 44(2)(b) of the Act, section 42 of the Act (disallowance of legislative instruments) does not apply to a legislative instrument referred to in an item of the following table.
Note:
The inclusion of a kind of instrument in the table does not imply that every instrument of that kind is a legislative instrument (see subsection 44(3) of the Act).
| Particular legislative instruments that are not subject to disallowance | ||
| Item | Legislative instrument | |
| 1 | A substituted reference order made under section 19B of the Acts Interpretation Act 1901 | |
| 2 | Each of the following: | |
| (a) | a notice given under subsection 17(1) of the Air Services Act 1995 ; | |
| (b) | an instruction given under subsection 7(3) or (4) of the Air Services Regulations 2019 | |
| 3 | Each of the following: | |
| (a) | a determination made under regulation 5 of the Airspace Regulations 2007 ; | |
| (b) | a designation made under regulation 8 of those Regulations; | |
| (c) | a designation or determination made under regulation 11 of those Regulations; | |
| (d) | a direction given under regulation 12 of those Regulations | |
| 4 | A determination made under subsection 5(2) of the Australian Citizenship Act 2007 | |
| 5 | A determination specifying drugs, made under section 4A of the Australian Federal Police Act 1979 | |
| 6 | Each of the following: | |
| (a) | a statute made under the Australian National University Act 1991 ; | |
| (b) | a rule or order made under such a statute | |
| 7 | (Repealed by FRLI No F2024L00272) | |
| 8 | Each of the following: | |
| (a) | a standard made under section 122 of the Broadcasting Services Act 1992 ; | |
| (b) | an amendment made under section 128 of that Act to a standard under Part 9 of that Act | |
| 9 | A notice given under section 12A of the Civil Aviation Act 1988 | |
| 10 | Each of the following: | |
| (a) | an instrument made under paragraph 305A(1A)(a) of the Commonwealth Electoral Act 1918 ; | |
| (b) | an instrument made under subsection 246(1) of that Act for the purposes of the meaning of station | |
| 11 | A Proclamation made under section 3A or 3B of the Control of Naval Waters Act 1918 | |
| 12 | Each of the following: | |
| (a) | a determination made under section 126DA of the Customs Act 1901 ; | |
| (b) | a determination made under paragraph 153L(1)(c) , 153P(2)(c) or 153Q(1)(c) or subsection 153ZIH(2) of that Act; | |
| (c) | a tariff concession order made under Part XVA of that Act; | |
| (d) | an instrument made under section 269SC or 269SD of that Act; | |
| (e) | a by-law made under section 271 of that Act for the purposes of Schedule 4 to the Customs Tariff Act 1995 | |
| 13 | A revocation of a commercial tariff concession order to which section 20 of the Customs Legislation (Tariff Concessions and Anti-Dumping) Amendment Act 1992 applies | |
| 14 | A notice made under subsection 16A(1) of the Customs Tariff Act 1995 | |
| 15 | An instrument made under section 303CA, 344 or 350 of the Environment Protection and Biodiversity Conservation Act 1999 | |
| 16 | A by-law made under section 165 of the Excise Act 1901 for the purposes of the Excise Tariff within the meaning of section 4 of that Act | |
| 17 | Each of the following: | |
| (a) | a Proclamation made under section 5 of the Flags Act 1953 ; | |
| (b) | a warrant made under section 6 of that Act; | |
| (c) | a rule made under section 7 of that Act | |
| 18 | A Proclamation made under section 31 of the Great Barrier Reef Marine Park Act 1975 | |
| 19 | (Repealed by FRLI No F2019L00550) | |
| 20 | Each of the following: | |
| (a) | an instrument (other than a regulation) made under Part 1, 2 or 9 of the Migration Act 1958 ; | |
| (b) | an instrument made under Part 1, 2 or 5 of, or Schedule 1, 2, 4, 5A or 8 to, the Migration Regulations 1994 | |
| 21 | A determination made under subsection 6(1) of the Military Rehabilitation and Compensation Act 2004 | |
| 22 | A declaration made under section 32 of the Mutual Recognition Act 1992 | |
| 23 | A regulation made under section 7 of the National Transport Commission Act 2003 | |
| 23A | Each of the following: | |
| (a) | a determination made under subsection 7(2), 54(1) or 232(1) of the National Vocational Education and Training Regulator Act 2011 ; | |
| (b) | an instrument made under paragraph 157(1)(p) of that Act; | |
| (c) | a direction made under subsection 160(1) or 181(1) of that Act; | |
| (d) | an instrument made under subsection 185(1), 186(1), 187(1), 188(1) or 189(1) of that Act | |
| 24 | An instrument made under subsection 203AH(1) of the Native Title Act 1993 | |
| 25 | Each of the following: | |
| (a) | a direction given under section 20 of the Parliamentary Service Act 1999 ; | |
| (b) | an instrument made under section 23 or subsection 24(3) of that Act | |
| 26 | Each of the following: | |
| (a) | an instrument made under Subdivision A of Division 3 of Part 3 of the Payment Systems (Regulation) Act 1998 ; | |
| (b) | an instrument made under section 18 of that Act; | |
| (c) | an instrument made under section 25 of that Act | |
| 27 | Each of the following: | |
| (a) | a direction issued under section 21 of the Public Service Act 1999 ; | |
| (b) | an instrument made under section 23 or subsection 24(3) of that Act | |
| 28 | (Repealed by FRLI No F2016L00717) | |
| 29 | An instrument made under subsection 60(1) or 106(1) of the Radiocommunications Act 1992 | |
| 30 | An instrument made under subsection 463(1) of the Telecommunications Act 1997 | |
| 31 | declaration made under section 6 of the Terrorism and Cyclone Insurance Act 2003 | |
| 32 | A declaration made under section 31 of the Trans-Tasman Mutual Recognition Act 1997 | |
| 33 | A determination made for the purposes of the definition of non-warlike service or warlike service in subsection 5C(1) of the Veterans ' Entitlements Act 1986 |
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