Legislation Act 2003
Chapter 1
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Introduction
Part 2
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Key concepts for legislative instruments and notifiable instruments
SECTION 13
Construction of legislative instruments and notifiable instruments
(1)
If enabling legislation confers on a person the power to make a legislative instrument or notifiable instrument, then, unless the contrary intention appears:
(a) the Acts Interpretation Act 1901 applies to any instrument so made as if it were an Act and as if each provision of the instrument were a section of an Act; and
(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
(c) any instrument so made is to be read and construed subject to the enabling legislation as in force from time to time, and so as not to exceed the power of the person to make the instrument.
(2)
If the making of a legislative instrument or notifiable instrument would, apart from this subsection, be construed as being in excess of the power to make the instrument, it is to be taken to be a valid instrument to the extent to which it is not in excess of that power.
(3)
If enabling legislation confers on a person the power to make a legislative instrument or notifiable instrument:
(a) specifying, declaring or prescribing a matter; or
(b) doing anything in relation to a matter;
(4)
For the purposes of subsection (3), matter includes thing, person and animal.
(5)
The amendment of a legislative instrument or notifiable instrument by an Act does not prevent the instrument, as so amended, from being amended or repealed by a person who is currently authorised under the enabling legislation for the instrument to make instruments of the same kind.
View history note
Hide history noteIf enabling legislation confers on a person the power to make a legislative instrument or notifiable instrument, then, unless the contrary intention appears:
(a) the Acts Interpretation Act 1901 applies to any instrument so made as if it were an Act and as if each provision of the instrument were a section of an Act; and
(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
(c) any instrument so made is to be read and construed subject to the enabling legislation as in force from time to time, and so as not to exceed the power of the person to make the instrument.
(2)
If the making of a legislative instrument or notifiable instrument would, apart from this subsection, be construed as being in excess of the power to make the instrument, it is to be taken to be a valid instrument to the extent to which it is not in excess of that power.
(3)
If enabling legislation confers on a person the power to make a legislative instrument or notifiable instrument:
(a) specifying, declaring or prescribing a matter; or
(b) doing anything in relation to a matter;
then, in exercising the power, the person may identify the matter by referring to a class or classes of matters.
(4)
For the purposes of subsection (3), matter includes thing, person and animal.
(5)
The amendment of a legislative instrument or notifiable instrument by an Act does not prevent the instrument, as so amended, from being amended or repealed by a person who is currently authorised under the enabling legislation for the instrument to make instruments of the same kind.
Note:
This section has a parallel, in relation to instruments other than legislative instruments or notifiable instruments, in subsection 33(3AB) and section 46 of the Acts Interpretation Act 1901 .
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