Legislation Act 2003
Chapter 1
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Introduction
Part 2
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Key concepts for legislative instruments and notifiable instruments
SECTION 14
Prescribing matters by reference to other instruments
(1)
If enabling legislation authorises or requires provision to be made in relation to any matter by a legislative instrument or notifiable instrument, the instrument may, unless the contrary intention appears, make provision in relation to that matter:
(a) by applying, adopting or incorporating, with or without modification, any of the following, as in force at a particular time or as in force from time to time:
(b) subject to subsection (2), by applying, adopting or incorporating, with or without modification, any matter contained in any other instrument or writing as in force or existing at:
(2)
Unless the contrary intention appears, the legislative instrument or notifiable instrument may not make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.
(3)
The following legislative instruments are covered by this subsection:
(a) disallowable legislative instruments;
(b) legislative instruments that were disallowable under the Acts Interpretation Act 1901 or any other Act at any time before 1 January 2005.
Forms
(4)
If a legislative instrument or notifiable instrument provides for a form to be used, this section does not apply in relation to the form.
View history note
Hide history noteIf enabling legislation authorises or requires provision to be made in relation to any matter by a legislative instrument or notifiable instrument, the instrument may, unless the contrary intention appears, make provision in relation to that matter:
(a) by applying, adopting or incorporating, with or without modification, any of the following, as in force at a particular time or as in force from time to time:
(i) the provisions of an Act;
(ii) the provisions of a legislative instrument covered by subsection (3);
(iii) the provisions of rules of court; or
(b) subject to subsection (2), by applying, adopting or incorporating, with or without modification, any matter contained in any other instrument or writing as in force or existing at:
(i) the time the first-mentioned instrument commences; or
(ii) a time before the first-mentioned instrument commences (whether or not the other instrument is still in force, or the other writing still exists, at the time the first-mentioned instrument commences).
(2)
Unless the contrary intention appears, the legislative instrument or notifiable instrument may not make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.
(3)
The following legislative instruments are covered by this subsection:
(a) disallowable legislative instruments;
(b) legislative instruments that were disallowable under the Acts Interpretation Act 1901 or any other Act at any time before 1 January 2005.
Note:
The substantive provisions of this Act commenced on 1 January 2005.
Forms
(4)
If a legislative instrument or notifiable instrument provides for a form to be used, this section does not apply in relation to the form.
Note:
This section has a parallel, in relation to instruments that are not legislative instruments, in section 46AA of the Acts Interpretation Act 1901 .
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