Legislation Act 2003

Chapter 1 - Introduction  

Part 2 - Key concepts for legislative instruments and notifiable instruments  

SECTION 9   Inference of legislative character  

No implication of legislative character (or otherwise)

(1)    
The fact that an instrument is a legislative instrument because of subsection 8(2) , (3) or (5) does not imply that the instrument is, or must be, of legislative character (within the ordinary meaning of that term).

(2)    
The fact that an instrument is not a legislative instrument because of subsection 8(6) does not imply that the instrument is not, or must not be, of legislative character (within the ordinary meaning of that term).

No inference for other instruments

(3)    
In determining whether an instrument made under a provision of a primary law is a legislative instrument under subsection 8(4) , no inference may be drawn from the fact that an instrument made under another provision of that primary law, or any other primary law, is a legislative instrument, or is not a legislative instrument.

Example:

In determining whether a Ministerial direction under a provision of a primary law is a legislative instrument, no inference may be drawn from the fact that a Ministerial direction under another provision of the primary law is described as a legislative instrument.