Legislation (Exemptions and Other Matters) Regulation 2015
PART 5
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LEGISLATIVE INSTRUMENTS THAT ARE NOT SUBJECT TO SUNSETTING
SECTION 12
12
PARTICULAR LEGISLATIVE INSTRUMENTS THAT ARE NOT SUBJECT TO SUNSETTING
For paragraph 54(2)(b) of the Act, Part 4 of Chapter 3 of the Act (sunsetting of legislative instruments) does not apply to a legislative instrument referred to in the following table.
For paragraph 54(2)(b) of the Act, Part 4 of Chapter 3 of the Act (sunsetting of legislative instruments) does not apply to a legislative instrument referred to in 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 54(3) of the Act).
| Particular legislative instruments that are not subject to sunsetting | ||
| Item | Legislative instrument | |
| 1 | A substituted reference order made under section 19B of the Acts Interpretation Act 1901 | |
| 2 | An instrument made under section 8, 9 or 9A of the Aboriginal Land Grant (Jervis Bay Territory) Act 1986 | |
| 3 | A regulation made under the Aboriginal Land Rights (Northern Territory) Act 1976 | |
| 3A | Each of the following: | |
| (a) | the Air Navigation (Aircraft Engine Emissions) Regulations; | |
| (b) | the Air Navigation (Aircraft Noise) Regulations 2018 | |
| 4 | Each of the following: | |
| (a) | an instrument relating to aviation safety made under the Air Services Act 1995 ; | |
| (b) | an instrument made under a regulation made under that Act | |
| 5 | Each of the following: | |
| (a) | a statement made under subsection 8(1) of the Airspace Act 2007 ; | |
| (b) | a regulation made under that Act; | |
| (c) | an instrument relating to aviation safety made under a regulation made under that Act | |
| 6 | A rule made under section 229 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 | |
| 7 | A national capital plan made under the Australian Capital Territory (Planning and Land Management) Act 1988 | |
| 8 | A determination specifying drugs, made under section 4A of the Australian Federal Police Act 1979 | |
| 8A | A regulation made under the Australian National Registry of Emissions Units Act 2011 | |
| 9 | 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 | |
| 9A | Each of the following: | |
| (a) | an instrument made under the Australian Participants in British Nuclear Tests (Treatment) Act 2006 ; | |
| (b) | a regulation made under that Act | |
| 9B | A regulation made under the Australian Securities and Investments Commission Act 2001 | |
| 10 | A statement approved under section 34AF of the Australian Security Intelligence Organisation Act 1979 | |
| 10A | A regulation made under the Australian War Memorial Act 1980 | |
| 10B | Each of the following: | |
| (a) | an instrument made under regulation 6, 6A or 7 of the Autonomous Sanctions Regulations 2011 ; | |
| (b) | an instrument made under subregulation 8(1) of those Regulations; | |
| (c) | an instrument made under regulation 9 of those Regulations | |
| 11 | A regulation made under the Aviation Transport Security Act 2004 | |
| 12 | Each of the following: | |
| (a) | an instrument made under subsection 5(8) of the Banking Act 1959 ; | |
| (b) | an instrument made under section 16AD of that Act; | |
| (c) | an instrument made under section 70C of that Act | |
| 13 | An instrument made under section 26 of the Broadcasting Services Act 1992 | |
| 13A | Each of the following: | |
| (a) | a rule made under section 26 of the Business Names Registration Act 2011 ; | |
| (b) | a determination made under section 27 or 28 of that Act; | |
| (c) | a regulation made under that Act | |
| 14 | A determination made under subsection 70A(4) of the Cheques Act 1986 | |
| 15 | An instrument relating to aviation safety made under the Civil Aviation Act 1988 , the Civil Aviation Regulations 1988 or the Civil Aviation Safety Regulations 1998 | |
| 16 | Each of the following: | |
| (a) | an instrument made under section 104 or 105 of Schedule 2 to the Competition and Consumer Act 2010 (including a prescribed consumer product safety standard made under section 65C of the Trade Practices Act 1974 that was in force immediately before the commencement of item 4 of Schedule 7 to the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010) ; | |
| (b) | an instrument made under section 114 of Schedule 2 to the Competition and Consumer Act 2010 (including a notice given under subsection 65C(7) of the Trade Practices Act 1974 that was in force immediately before the commencement of item 3 of Schedule 7 to the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010) ; | |
| (c) | an instrument made under section 134 or 135 of Schedule 2 to the Competition and Consumer Act 2010 (including a prescribed consumer product information standard made under section 65D of the Trade Practices Act 1974 that was in force immediately before the commencement of item 5 of Schedule 7 to the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010) ; | |
| (d) | the Australian Competition and Consumer Commission (Allowances) Regulations; | |
| (e) | the Competition and Consumer Regulations 2010 ; | |
| (f) | the Trade Practices (Removal of Exceptions) Regulations | |
| 17 | A Proclamation made under section 3A or 3B of the Control of Naval Waters Act 1918 | |
| 18 | Each of the following: | |
| (a) | a standard made under section 334 or 336 of the Corporations Act 2001 ; | |
| (b) | a rule made under section 798G of that Act; | |
| (c) | an instrument made under section 827D of that Act; | |
| (d) | the Corporations Regulations 2001 | |
| 18A | A regulation made under the Corporations (Fees) Act 2001 | |
| 18B | A regulation made under the Corporations (Review Fees) Act 2003 | |
| 18C | A regulation made solely for the purposes of paragraph (b) of the definition of terrorist organisation in subsection 102.1(1) of the Criminal Code | |
| 19 | A regulation made under the Cross-Border Insolvency Act 2008 | |
| 20 | Each of the following: | |
| (a) | a determination made solely for the purposes of either or both of sections 13 and 13A of the Currency Act 1965 ; | |
| (b) | a regulation made under that Act | |
| 21 | Each of the following: | |
| (a) | a regulation made solely for the purposes of section 50 or 112 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 | |
| 21A | The Defence Determination 2016/19, Conditions of service | |
| 22 | A determination made under subsection 6(4) of the Defence Housing Australia Act 1987 | |
| 22A | A regulation made under the Defence Service Homes Act 1918 | |
| 22B | A regulation made under the Designs Act 2003 | |
| 23 | A disability standard made under section 31 of the Disability Discrimination Act 1992 | |
| 24 | An instrument made under section 178, 181, 183, 207A, 248, 270B, 303CA, 303DB, 303EB, 303FG, 324G, 341G, 344 or 517 of the Environment Protection and Biodiversity Conservation Act 1999 | |
| 25 | Each of the following made under section 165 of the Excise Act 1901 : | |
| (a) | Excise By-law No. 75; | |
| (b) | Excise By-law No. 114; | |
| (c) | Excise By-law No. 127; | |
| (d) | Excise By-law No. 129; | |
| (e) | Excise By-law No. 151; | |
| (f) | Excise By-law No. 154 | |
| 26 | A regulation made under the Extradition Act 1988 | |
| 27 | Each of the following: | |
| (a) | an instrument made under subsection 14(4) of the Fair Work Act 2009 ; | |
| (b) | a rule made under subsection 32A(1) of that Act; | |
| (c) | a declaration made under subsection 388(1) of that Act; | |
| (d) | an instrument made under subsection 559(3B) of that Act; | |
| (e) | a regulation made under that Act | |
| 27A | A regulation made under the Fair Work (Registered Organisations) Act 2009 | |
| 27B | A regulation made under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 | |
| 28 | A Proclamation made under any of the following provisions of the Family Law Act 1975 : | |
| (a) | subsection 39(7) ; | |
| (b) | subsection 39(7A) ; | |
| (c) | subsection 40(3) ; | |
| (d) | subsection 41(2) ; | |
| (da) | subsection 47A(5) ; | |
| (e) | subsection 60E(6) as in force before its repeal by the Family Law Reform Act 1995 (see subsection 69ZF(3) of the Family Law Act 1975 ); | |
| (f) | subsection 69J(3) ; | |
| (g) | subsection 69J(6) ; | |
| (h) | subsection 69ZF(1) | |
| (i) | (Repealed by FRLI No F2021L01204) | |
| 28A | The Financial Framework (Supplementary Powers) Regulations 1997 | |
| 29 | A plan of management made under section 17 of the Fisheries Management Act 1991 | |
| 30 | 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 | |
| 31 | A regulation made under the Foreign Acquisitions and Takeovers Act 1975 | |
| 31A | An instrument made under the Gene Technology Act 2000 | |
| 32 | Each of the following: | |
| (a) | a Proclamation made under section 31 of the Great Barrier Reef Marine Park Act 1975 ; | |
| (b) | a zoning plan prepared in accordance with Division 2 of Part V of that Act; | |
| (c) | a plan of management prepared in accordance with Part VB of that Act | |
| 33 | Each of the following: | |
| (a) | an approval given under subsection 16-25(1) of the Higher Education Support Act 2003 ; | |
| (b) | an approval given under subclause 6(1) or (1A) of Schedule 1A to that Act | |
| 34 | Each of the following: | |
| (a) | an instrument made under section 62ZZC of the Insurance Act 1973 ; | |
| (b) | an instrument made under section 131A of that Act | |
| 34A | A regulation made under item 84 of Schedule 4 to the Intellectual Property Laws Amendment Act 2015 | |
| 35 | A regulation made under the International Transfer of Prisoners Act 1997 | |
| 36 | A regulation made under the Judges ' Pensions Act 1968 | |
| 37 | An instrument made under section 251A of the Life Insurance Act 1995 | |
| 38 | A regulation made under the Maritime Transport and Offshore Facilities Security Act 2003 | |
| 38A | The Migration Regulations 1994 | |
| 39 | A determination made under section 6 or 8 of the Military Rehabilitation and Compensation Act 2004 | |
| 40 | An instrument made under section 7 or 9 of the Motor Vehicle Standards Act 1989 | |
| 41 | A regulation made under the Mutual Assistance in Business Regulation Act 1992 | |
| 41A | A regulation made under the Mutual Assistance in Criminal Matters Act 1987 | |
| 42 | A declaration made under section 32 of the Mutual Recognition Act 1992 | |
| 42AA | A regulation made under the National Consumer Credit Protection Act 2009 | |
| 42AB | A regulation made under the National Consumer Credit Protection (Fees) Act 2009 | |
| 42AC | Each of the following: | |
| (a) | National Disability Insurance Scheme rules, within the meaning of the National Disability Insurance Scheme Act 2013 ; | |
| (b) | any other instrument made under that Act | |
| 42A | Each of the following: | |
| (a) | a determination made under section 10 or 75 of the National Greenhouse and Energy Reporting Act 2007 ; | |
| (b) | a rule made under section 22XS of that Act; | |
| (c) | a regulation made under that Act; | |
| (d) | an instrument made under a regulation made under that Act | |
| 43 | Each of the following: | |
| (a) | a determination of the National Land Transport Network made under subsection 5(1) of the National Land Transport Act 2014 ; | |
| (b) | an instrument determining conditions made under section 27, 44, 86 or 90 of that Act | |
| 44 | A regulation made solely for the purposes of section 7 of the National Transport Commission Act 2003 | |
| 44A | Each of the following: | |
| (a) | a determination made under subsection 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 | |
| 45 | Each of the following: | |
| (a) | a determination made under paragraph 26(3)(b) of the Native Title Act 1993 as in force immediately before 30 September 1998; | |
| (b) | an instrument made under subparagraph 26(1)(c)(iv), subsection 26A(1), 26B(1) or 26C(2), paragraph 43(1)(b) or 43A(1)(b), subsection 207A(1), 207B(3), 245(4) or 251C(4) or (5), or paragraph (i) of the definition of infrastructure facility in section 253, of that Act; | |
| (c) | a regulation made solely for the purposes of Division 6 or 7 of Part 2 of that Act | |
| 45AA | A regulation made under the Olympic Insignia Protection Act 1987 | |
| 45A | A regulation made under the Papua New Guinea (Members of the Forces Benefits) Act 1957 | |
| 46 | A regulation made under the Papua New Guinea (Staffing Assistance) Act 1973 | |
| 47 | A regulation made under the Parliamentary Contributory Superannuation Act 1948 | |
| 48 | Each of the following: | |
| (a) | a direction made under section 20 of the Parliamentary Service Act 1999 ; | |
| (b) | an instrument made under section 23 or subsection 24(3) of that Act | |
| 48A | A regulation made under the Patents Act 1990 | |
| 49 | Each of the following: | |
| (a) | a regulation made under the Payment Systems and Netting Act 1998 ; | |
| (b) | an approval given under section 9 of that Act | |
| 50 | Each of the following: | |
| (a) | a declaration made under subsection 9(3) of the Payment Systems (Regulation) Act 1998 ; | |
| (b) | an instrument made under Subdivision A of Division 3 of Part 3 of that Act; | |
| (c) | an instrument made under section 18 of that Act; | |
| (d) | an instrument made under section 25 of that Act; | |
| (e) | a regulation made under that Act | |
| 50A | A regulation made under the Plant Breeder ' s Rights Act 1994 | |
| 51 | A regulation made under section 23 of the Protection of the Sea (Powers of Intervention) Act 1981 | |
| 52 | Each of the following: | |
| (a) | a regulation made under subsection 33(1) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 ; | |
| (b) | an order made under subsection 34(1) of that Act | |
| 53 | A regulation made under the Protection of Word " Anzac " Act 1920 | |
| 53A | The Public Governance, Performance and Accountability Rule 2014 | |
| 54 | 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 | |
| 55 | Each of the following: | |
| (a) | a notice given under section 36 of the Radiocommunications Act 1992 ; | |
| (aa) | an instrument prepared under subsection 44A(1), or a variation under subsection 44A(6), of that Act; | |
| (b) | a declaration made under section 153B of that Act | |
| 56 | An instrument required to be laid before the Parliament under subsection 7(7) of the Remuneration Tribunal Act 1973 | |
| 56A | A regulation made under the Renewable Energy (Electricity) Act 2000 | |
| 56B | The Retirement Savings Accounts Regulations 1997 | |
| 56C | A standard made under section 12 of the Road Vehicle Standards Act 2018 | |
| 57 | Each of the following: | |
| (a) | a declaration made under subparagraph (c)(iii) of the definition of Commonwealth authority in subsection 4(1) of the Safety, Rehabilitation and Compensation Act 1988 ; | |
| (b) | a declaration made under section 4A of that Act; | |
| (c) | an instrument made under subsection 5(6) of that Act; | |
| (d) | a declaration made under subparagraph 6(1)(h)(ii) , or (i)(ii) , of that Act; | |
| (e) | a declaration made under section 100 of that Act | |
| 57A | A Proclamation made under section 7, 8, 10B, 12 or 13B of the Seas and Submerged Lands Act 1973 | |
| 58 | A regulation made under the Superannuation Act 1922 | |
| 59 | A regulation made under the Superannuation Act 1976 (other than a regulation made solely for the purposes of section 153AN or subsection 160(1) of that Act) | |
| 59A | The Superannuation Industry (Supervision) Regulations 1994 | |
| 60 | A regulation made under the Superannuation (Productivity Benefit) Act 1988 | |
| 61 | Each of the following: | |
| (a) | a code made under subclause 37(1) of Schedule 1 to the Telecommunications Act 1997 ; | |
| (aa) | the Carrier Licence Conditions (Networks supplying Superfast Carriage Services to Residential Customers) Declaration 2014 made under subsection 63(2) of that Act; | |
| (ab) | a declaration made under section 581F or 581G of that Act; | |
| (b) | a declaration made under subclause 4(1) of Schedule 3A to that Act | |
| 62 | A declaration made under subsection 6N(2) or section 34 of the Telecommunications (Interception and Access) Act 1979 | |
| 63 | Each of the following: | |
| (a) | a declaration made under section 6 of the Terrorism and Cyclone Insurance Act 2003 ; | |
| (b) | a regulation made under that Act | |
| 63AA | Each of the following: | |
| (a) | the Therapeutic Goods Regulations 1990 ; | |
| (b) | the Therapeutic Goods (Medical Devices) Regulations 2002 | |
| 63AB | Each of the following: | |
| (a) | a declaration made under subsection 3(3) of the Torres Strait Fisheries Act 1984 ; | |
| (b) | a Proclamation made under section 15 of that Act; | |
| (c) | an arrangement made under section 31 of that Act; | |
| (d) | a legislative instrument made by or on behalf of the Protected Zone Joint Authority in the exercise of a power under subsection 35(1) of that Act | |
| 63A | A regulation made under the Trade Marks Act 1995 | |
| 64 | A declaration made under section 31 of the Trans-Tasman Mutual Recognition Act 1997 | |
| 65 | Each of the following: | |
| (a) | 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 ; | |
| (b) | an instrument made under section 29, 69B, 105 or 117 of that Act; | |
| (c) | a determination made for the purposes of the definition of hazardous service in subsection 120(7) of that Act; | |
| (d) | a regulation made under that Act | |
| 66 | A regulation made under the War Graves Act 1980 | |
| 67 | Each of the following: | |
| (a) | a Basin Plan adopted under section 44 of the Water Act 2007 ; | |
| (b) | an amendment of a Basin Plan adopted under section 23B or 48 of that Act; | |
| (c) | an amendment of a Basin Plan made under a regulation made under that Act; | |
| (d) | a decision to accredit a water resource plan under section 63 of that Act; | |
| (e) | a decision to accredit an amendment of a water resource plan under section 65 of that Act; | |
| (f) | a rule made under section 92 or 97 of that Act; | |
| (g) | a regulation made under that Act | |
| 68 | Each of the following: | |
| (a) | a regulation made under the Work Health and Safety Act 2011 ; | |
| (b) | an instrument made under subsection 274(1) of that Act | |
| 69 | A regulation made under the Work Health and Safety (Transitional and Consequential Provisions) Act 2011 |
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