Acts Interpretation Act 1901

Pt 10 heading substituted by No 10 of 2015, s 3 and Sch 1 item 107, effective 5 March 2016. For application, savings and transitional provisions, see note under s 46AA(1) . The heading formerly read:

PART 10 - NON-LEGISLATIVE INSTRUMENTS AND RESOLUTIONS

Pt 10 heading substituted by No 46 of 2011, s 3 and Sch 1 item 103, applicable on and after 27 December 2011, in relation to Acts enacted before, on or after 27 December 2011. For transitional regulations, see note under Part 1 heading. The heading formerly read:

PART XI - NON-LEGISLATIVE INSTRUMENTS AND RESOLUTIONS

Pt XI heading substituted by No 140 of 2003, s 3 and Sch 1 item 4, effective 1 January 2005. The heading formerly read:

PART XI - INSTRUMENTS AND RESOLUTIONS

S 46(1) amended by No 10 of 2015, s 3 and Sch 1 items 108 and 109, by substituting " a person (the authority ) the power to make an instrument other than a legislative instrument, notifiable instrument or " for " an authority the power to make an instrument that is neither a legislative instrument for the purposes of the Legislative Instruments Act 2003 nor " and substituting para (b), effective 5 March 2016. For application, savings and transitional provisions, see note under s 46AA(1) . Para (b) formerly read:

(b) expressions used in any instrument so made have the same meaning as in the enabling legislation as in force from time to time; and

S 46(1) amended by No 46 of 2011, s 3 and Sch 1 items 103 and 104, by omitting " , unless the contrary intention appears " after " nor a rule of court, then " , and inserting " as in force from time to time " in para (b) and (c), applicable on and after 27 December 2011, in relation to Acts enacted before, on or after 27 December 2011. For transitional regulations, see note under Part 1 heading. For saving provisions, see note under s 33(1) .

S 46(1) amended by No 133 of 2005.

S 46(2) amended by No 46 of 2011, s 3 and Sch 1 item 105, by substituting " this subsection " for " subsection (1) " , applicable on and after 27 December 2011, in relation to Acts enacted before, on or after 27 December 2011. For transitional regulations, see note under Part 1 heading.

S 46(3) inserted by No 10 of 2015, s 3 and Sch 1 item 110, effective 5 March 2016. For application, savings and transitional provisions, see note under s 46AA(1) .

Former s 46(3) repealed by No 46 of 2011, s 3 and Sch 1 item 106, applicable on and after 27 December 2011, in relation to Acts enacted before, on or after 27 December 2011. For transitional regulations, see note under Part 1 heading.

Former s 46(3) formerly read:

46(3)
If a provision confers on an authority the power to make an instrument (that is not a legislative instrument or a rule of court):

(a) specifying, declaring or prescribing a matter or thing; or

(b) doing anything in relation to a matter or thing;

then, in exercising the power, the authority may identify the matter or thing by reference to a class or classes of matters or things.

S 46 amended by No 10 of 2015, s 3 and Sch 1 item 111, by substituting " and notifiable instruments, in section 13 of the Legislation Act 2003 " for " , in section 13 of the Legislative Instruments Act 2003 " in the note, effective 5 March 2016. For application, savings and transitional provisions, see note under s 46AA(1) .

S 46 and 46AA and 46B substituted for s 46 and 46A by No 140 of 2003.