Legislation (Exemptions and Other Matters) Regulation 2015
PART 4
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LEGISLATIVE INSTRUMENTS THAT ARE NOT SUBJECT TO DISALLOWANCE
SECTION 10
10
PARTICULAR LEGISLATIVE INSTRUMENTS THAT ARE NOT SUBJECT TO DISALLOWANCE
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.
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| 7 | (Repealed by FRLI No F2024L00272) | |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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