Chapter 5
-
Miscellaneous
Part 5-1
-
Miscellaneous
Division 177
-
Miscellaneous
177-10
Ministerial determinations
(1)
The *
Aged Care Minister
may, by legislative instrument, make a determination for the purposes of:
(a)
(Repealed by No 176 of 1999)
(b)
paragraph
38-25(2)(b)
; or
(c)
paragraph
38-25(3)(b)
; or
(ca)
paragraph
38-25(3B)(a)
; or
(d)
paragraph
38-30(4)(b)
.
History
S 177-10(1) amended by
No 58 of 2006
, s 3 and Sch 7 item 222, by inserting
"
, by legislative instrument,
"
after
"
Minister may
"
, effective 22 June 2006.
S 177-10(1) amended by No 143 of 2004, s 3 and Sch 1 item 7, by inserting para (ca), effective 14 December 2004. For application provisions, see note under s 38-25(3).
S 177-10(1) amended by No 176 of 1999, s 3 and Sch 1 item 124, by repealing para (a), effective 1 July 2000. Para (a) formerly read:
(a)
paragraph 38-15(c); or
(2)
The *
Child Care Minister
may, by legislative instrument, make a determination for the purposes of section
38-150
.
History
S 177-10(2) amended by No 22 of 2017, s 3 and Sch 3 item 8, by substituting
"
section 38-150
"
for
"
paragraph 38-150(e)
"
, effective 5 April 2017.
S 177-10(2) amended by
No 58 of 2006
, s 3 and Sch 7 item 223, by inserting
"
, by legislative instrument,
"
after
"
Minister may
"
, effective 22 June 2006.
(3)
The *Student Assistance Minister may, by legislative instrument, make a determination under:
(a)
paragraphs (a) and (b)
of the definition of
adult and community education course
in the Dictionary; or
(b)
paragraph (b)
of the definition of
primary course
in the Dictionary; or
(c)
paragraph (b)
of the definition of
secondary course
in the Dictionary; or
(d)
paragraph (b)
of the definition of
tertiary course
in the Dictionary.
History
S 177-10(3) amended by No 15 of 2017, s 3 and Sch 4 item 9, by substituting
"
*Student Assistance Minister
"
for
"
*Education Minister
"
, effective 1 April 2017.
S 177-10(3) amended by
No 58 of 2006
, s 3 and Sch 7 item 224, by inserting
"
, by legislative instrument,
"
after
"
Minister may
"
, effective 22 June 2006.
(4)
The *
Health Minister
may, by legislative instrument, make a determination for the purposes of:
(a)
paragraph
38-15(c)
; or
(b)
subsection
38-47(1)
; or
(c)
paragraph
38-50(5)(b)
.
History
S 177-10(4) amended by
No 58 of 2006
, s 3 and Sch 7 item 225, by inserting
"
, by legislative instrument,
"
after
"
Minister may
"
, effective 22 June 2006.
(5)
The *
Disability Services Minister
may, by legislative instrument, make a determination for the purposes of paragraph
38-38(d)
.
History
S 177-10(5) inserted by No 124 of 2013, s 3 and Sch 9 item 2, applicable in relation to supplies made on or after the commencement of section 37 of the
National Disability Insurance Scheme Act 2013
[
1 July 2013].
Former s 177-10(5) repealed by
No 58 of 2006
, s 3 and Sch 7 item 226, effective 22 June 2006. S 177-10(5) formerly read:
(5)
A determination under this section is a disallowable instrument for the purposes of section 46A of the
Acts Interpretation Act 1901
.
(6)
Subsection 12(2) (retrospective application of legislative instruments) of the
Legislation Act 2003
does not apply in relation to determinations made under subsection (5) of this section.
History
S 177-10(6) substituted by No 126 of 2015, s 3 and Sch 1 item 22, effective 5 March 2016. S 177-10(6) formerly read:
(6)
Despite subsection 12(2) of the
Legislative Instruments Act 2003
, determinations made under subsection (5) of this section may be expressed to take effect from a date before the determinations are registered under that Act.
S 177-10(6) inserted by No 124 of 2013, s 3 and Sch 9 item 2, applicable in relation to supplies made on or after the commencement of section 37 of the
National Disability Insurance Scheme Act 2013
[
1 July 2013].