Legislation (Exemptions and Other Matters) Regulation 2015
PART 2
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INSTRUMENTS THAT ARE NOT LEGISLATIVE INSTRUMENTS
SECTION 7
7
PARTICULAR INSTRUMENTS THAT ARE NOT LEGISLATIVE INSTRUMENTS
For paragraph 8(6)(b) of the Act, each instrument referred to in an item of the following table is not a legislative instrument.
For paragraph 8(6)(b) of the Act, each instrument referred to in an item of the following table is not a legislative instrument.
| Particular instruments that are not legislative instruments | ||
| Item | Instrument | |
| 1 | Each of the following: | |
| (a) | a declaration made under regulation 6 of the Airspace Regulations 2007 ; | |
| (b) | a determination made under subregulation 9(2) of those Regulations | |
| 2 | An order made by the Commissioner under section 38 of the Australian Federal Police Act 1979 | |
| 3 | A determination made under section 32 of the Australian Postal Corporation Act 1989 | |
| 4 | A guideline given under section 8A of the Australian Security Intelligence Organisation Act 1979 | |
| 5 | Each of the following: | |
| (a) | an instrument made under the Aviation Transport Security Act 2004 (other than a regulation made under that Act or an instrument made under section 107 of that Act); | |
| (b) | an instrument made under a regulation made under that Act | |
| 6 | A notice given under subsection 10(2) of the Census and Statistics Act 1905 | |
| 6A | Each of the following: | |
| (a) | a declaration made or recorded in writing under section 16A or 17 of the Christmas Island Emergency Management Ordinance 2012 ; | |
| (b) | an extension given or recorded in writing under section 16B or 18 of that Ordinance; | |
| (c) | a revocation given or recorded in writing under section 16C or 19 of that Ordinance | |
| 6B | Each of the following: | |
| (a) | a declaration made or recorded in writing under section 16A or 17 of the Cocos (Keeling) Islands Emergency Management Ordinance 2012 ; | |
| (b) | an extension given or recorded in writing under section 16B or 18 of that Ordinance; | |
| (c) | a revocation given or recorded in writing under section 16C or 19 of that Ordinance | |
| 7 | Each of the following: | |
| (a) | a determination made under section 48, 65, 73, 76 or 76A of the Commonwealth Electoral Act 1918 ; | |
| (b) | a direction made under section 59 of that Act; | |
| (c) | an instrument made under section 80 of that Act | |
| 8 | A record-keeping rule made under subsection 151BU(1) of the Competition and Consumer Act 2010 for and in relation to one or more specified carriers or one or more specified carriage service providers (other than a carrier or carriage service provider specified by inclusion in a specified class) | |
| 9 | An instrument (other than a regulation or other instrument that was disallowable before 1 January 2005) made under the Corporations Act 2001 that, in relation to: | |
| (a) | a specified person (other than a person specified by membership of a class) or to persons associated with that specified person; or | |
| (b) | a specified facility (other than a facility specified by membership of a class); or | |
| (c) | a specified financial product (other than a product specified by membership of a class); has the effect of: | |
| (d) | exempting the person, facility or product from the rules made under that Act; or | |
| (e) | modifying the operation of the rules made under that Act in their application to the person, facility or product | |
| 10 | Each of the following: | |
| (a) | an instrument made under section 161J of the Customs Act 1901 ; | |
| (b) | a determination made under section 273 of that Act; | |
| (c) | an instrument made under Part XVB of that Act | |
| 11 | An instrument made under section 8 , 9 , 10 or 11 of the Customs Tariff (Anti-Dumping) Act 1975 | |
| 12 | Each of the following: | |
| (a) | an instruction issued under section 11 of the Defence Act 1903 ; | |
| (b) | a determination made under section 58H of that Act | |
| 13 | (Repealed by FRLI No F2016L01897) | |
| 14 | A certificate issued under regulation 5A of the Diplomatic Privileges and Immunities Regulations 1989 | |
| 15 | A fair work instrument (within the meaning of the Fair Work Act 2009 ) | |
| 16 | A transitional instrument or Division 2B State instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 ) | |
| 17 | An instrument made under subsection 42(1) of the Foreign Evidence Act 1994 | |
| 18 | A declaration of a state of emergency made under the Jervis Bay Territory Emergency Management Ordinance 2015 | |
| 19 | An order made under subsection 85(1) of the Jervis Bay Territory Rural Fires Ordinance 2014 | |
| 20 | A legal services direction issued under paragraph 55ZF(1)(b) of the Judiciary Act 1903 | |
| 21 | Each of the following: | |
| (a) | an instrument made under the Maritime Transport and Offshore Facilities Security Act 2003 (other than a regulation made under that Act or an instrument made under section 182 of that Act); | |
| (b) | an instrument made under a regulation made under that Act | |
| 22 | A designation made under section 11 of the Payment Systems (Regulation) Act 1998 | |
| 23 | An order made under paragraph 4.1(c) or (f) and subsection 6.2 of the Programs and Awards Statute 2013 , made under the Australian National University Act 1991 | |
| 24 | An instrument made under section 72 of the Public Service Act 1999 | |
| 25 | A determination made under subsection 1084(1) or 1118A(2) of the Social Security Act 1991 | |
| 26 | A determination made under paragraph 154A(4)(c) of the Superannuation Act 1976 | |
| 27 | A determination made under paragraph 3.1(d) of the Trust Deed that is made under section 4 of the Superannuation Act 1990 | |
| 28 | A determination made under paragraph 3.1(e) of the Superannuation (PSSAP) Trust Deed made under section 10 of the Superannuation Act 2005 | |
| 29 | An instrument (other than a regulation or other instrument that was disallowable before 1 January 2005) made under the Superannuation Industry (Supervision) Act 1993 that, in relation to: | |
| (a) | a specified person (other than a person specified by membership of a class) or to persons associated with that specified person; or | |
| (b) | a specified financial product (other than a product specified by membership of a class); has the effect of: | |
| (c) | exempting the person or product from the rules made under that Act; or | |
| (d) | modifying the operation of the rules made under that Act in their application to the person or product | |
| 30 | A private ruling given or a public ruling made under the Taxation Administration Act 1953 | |
| 31 | Each of the following: | |
| (a) | an instrument issued by the Defence Force under paragraph 5B(2)(a) of the Veterans ' Entitlements Act 1986 ; | |
| (b) | an instrument made under paragraph 5B(2)(b) of that Act; | |
| (c) | an instrument made under paragraph 5B(2)(c) of that Act; | |
| (d) | a determination made under section 5R of that Act; | |
| (e) | an instrument made under subsection 6D(1) of that Act; | |
| (f) | a determination made under subsection 46L(1) or 52AA(2) of that Act; | |
| (g) | a designation made in accordance with paragraph (b) of the definition of Peacekeeping Force in subsection 68(1) of that Act |
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