Chapter 1
-
Introduction
History
Ch 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.
Part 1
-
Preliminary
History
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
SECTION 5
Definitions of
amend
and
modify
(1)
In this Act,
amend
includes:
(a)
for an Act or instrument
-
repeal, omit, insert, substitute, renumber or relocate a provision of the Act or instrument; and
(b)
for a provision of an Act or instrument
-
any of the following:
(i)
repeal or omit the provision (or a part of it);
(ii)
substitute another provision for the provision (or a part of it);
(iii)
insert another provision into the provision (or a part of it);
(iv)
renumber the provision (or a part of it);
(v)
relocate the provision (or a part of it); and
(c)
for an Act or instrument, or a provision of an Act or instrument
-
amend by implication; and
(d)
for an Act or instrument, or a provision of an Act or instrument
-
change its text in any other way.
Note 1:
Repeal
, in relation to a provision of an instrument, includes revoke or rescind the provision (see the definition of
repeal
in section
4
).
Note 2:
For the purposes of Part
2
of Chapter
2
(registration of compilations), an Act or instrument is amended by an Act or instrument, or a provision of an Act or instrument, when the amending Act or provision commences (see subsection
15Q(3)
).
(2)
In this Act,
modify
an Act or instrument means modify the operation of the Act or instrument without amending its text.
History
S 5 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 5 formerly read:
SECTION 5 Definition
-
a legislative instrument
(1)
Subject to sections
6
,
7
and
9
, a
legislative instrument
is an instrument in writing:
(a)
that is of a legislative character; and
(b)
that is or was made in the exercise of a power delegated by the Parliament.
(2)
Without limiting the generality of subsection (1), an instrument is taken to be of a legislative character if:
(a)
it determines the law or alters the content of the law, rather than applying the law in a particular case; and
(b)
it has the direct or indirect effect of affecting a privilege or interest, imposing an obligation, creating a right, or varying or removing an obligation or right.
(3)
An instrument that is registered is taken, by virtue of that registration and despite anything else in this Act, to be a legislative instrument.
(4)
If some provisions of an instrument are of a legislative character and others are of an administrative character, the instrument is taken to be a legislative instrument for the purposes of this Act.