Legislation (Exemptions and Other Matters) Regulation 2015
PART 2
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INSTRUMENTS THAT ARE NOT LEGISLATIVE INSTRUMENTS
SECTION 6
CLASSES OF INSTRUMENTS THAT ARE NOT LEGISLATIVE INSTRUMENTS
6(1)
For paragraph 8(6)(b) of the Act and subject to subsection (2), an instrument in a class of instruments referred to in an item of the following table is not a legislative instrument.
6(2)
An instrument is not included in a class of instruments referred to in an item of the table in subsection (1) if:
(a) the instrument is of a kind that is declared to be a legislative instrument by section 10 of the Act; or
(b) the instrument has effect other than as provided in the item or any other item of the table (disregarding any application, saving or transitional provisions in the instrument).
For paragraph 8(6)(b) of the Act and subject to subsection (2), an instrument in a class of instruments referred to in an item of the following table is not a legislative instrument.
| Classes of instruments that are not legislative instruments | |||
| Item | Class of instrument | ||
| 1 | An instrument of delegation, including any directions to the delegate | ||
| 2 | An instrument that is a direction to a delegate | ||
| 3 | An instrument that is a direction given by a Minister to: | ||
| (a) | a Commonwealth company within the meaning of the Public Governance, Performance and Accountability Act 2013 ; or | ||
| (b) | a corporate Commonwealth entity within the meaning of that Act; | ||
| other than any such direction: | |||
| (c) | that is required to be laid before the Houses of the Parliament under the legislation that authorises the giving of the direction; or | ||
| (d) | the full text of which is required to be published in the Gazette or elsewhere under the legislation that authorises the giving of the direction | ||
| 4 | Each of the following: | ||
| (a) | an instrument that has the effect of authorising or approving a particular person to take a particular action or act in a particular way; | ||
| (b) | an application for an instrument referred to in paragraph (a) | ||
| 5 | An instrument the effect of which is to approve a manner or method of doing an act | ||
| 6 | An instrument prescribing or approving a form | ||
| 7 | An instrument acknowledging the receipt of a thing | ||
| 8 | Each of the following: | ||
| (a) | an instrument of appointment, engagement or employment; | ||
| (b) | an instrument suspending or terminating an appointment, engagement or employment; | ||
| (c) | an instrument authorising a person to hold a particular position or office | ||
| 9 | An instrument of resignation | ||
| 10 | An instrument: | ||
| (a) | relating to terms and conditions of appointment, engagement, employment or service; or | ||
| (b) | granting leave of absence; | ||
| other than an instrument that is required to be laid before the Parliament under subsection 7(7) of the Remuneration Tribunal Act 1973 | |||
| 11 | An instrument constituting recommendations or advice | ||
| 12 | A report or review, including an annual or periodic report or review | ||
| 13 | An evidentiary certificate | ||
| 14 | Each of the following: | ||
| (a) | an instrument granting, renewing, transferring, suspending, cancelling or terminating a licence or permit that authorises a particular person to do an act; | ||
| (b) | an instrument of registration of a particular person; | ||
| (c) | an instrument renewing, transferring, suspending, cancelling or terminating a registration of a particular person; | ||
| (d) | an instrument refusing to grant, renew or transfer a licence or permit referred to in paragraph (a) or a registration referred to in paragraph (b); | ||
| (e) | an instrument imposing conditions on such a licence, permit or registration | ||
| 15 | Each of the following: | ||
| (a) | a warrant; | ||
| (b) | an application for a warrant; | ||
| (c) | an instrument supporting an application for a warrant | ||
| 16 | Each of the following: | ||
| (a) | an instrument authorising: | ||
| (i) | the surveillance of a person or thing; or | ||
| (ii) | the retrieval of a device facilitating such surveillance; or | ||
| (iii) | the interception of a thing; | ||
| (b) | an application for an instrument referred to in paragraph (a); | ||
| (c) | an instrument supporting an application for an instrument referred to in paragraph (a) | ||
| 17 | An instrument requesting or requiring a person to attend premises, give evidence, answer questions, produce documents, give information or provide assistance | ||
| 18 | Each of the following: | ||
| (a) | a notice of a decision or proposed decision; | ||
| (b) | a notice of reasons for a decision or proposed decision; | ||
| (c) | a notice of rights of review | ||
| 19 | An instrument the making or issue of which is: | ||
| (a) | a decision that is reviewable under the Administrative Decisions (Judicial Review) Act 1977 ; or | ||
| (b) | a decision that would be reviewable under that Act except for an exemption under that Act or another Act; | ||
| other than an instrument that includes a provision of a kind referred to in paragraph 8(4)(b) of the Legislation Act 2003 | |||
| 20 | Each of the following: | ||
| (a) | an agreement, contract or undertaking authorised to be made or given under legislation; | ||
| (b) | an instrument made under such an agreement, contract or undertaking | ||
| 21 | A consent to, acceptance of, rejection of, or withdrawal of an undertaking | ||
| 22 | Each of the following: | ||
| (a) | a nomination, request or invitation; | ||
| (b) | a withdrawal of a nomination, request or invitation | ||
| 23 | Each of the following: | ||
| (a) | an application for an order, direction or other instrument (a court or tribunal instrument ) to any of the following (a relevant person or body ), or a withdrawal of such an application: | ||
| (i) | a court; | ||
| (ii) | a Judge or a Magistrate (including a Judge or Magistrate acting in a personal capacity); | ||
| (iii) | an officer of a court; | ||
| (iv) | a tribunal; | ||
| (v) | the Fair Work Commission; | ||
| (vi) | a member or an officer of a tribunal or the Fair Work Commission; | ||
| (b) | a court or tribunal instrument made in response to an application to a relevant person or body; | ||
| (c) | a court or tribunal instrument made by a relevant person or body in proceedings or in dealing with a matter | ||
| 24 | A practice direction made by a court or tribunal | ||
| 25 | An assessment of tax | ||
| 26 | A garnishee notice | ||
| 27 | Each of the following: | ||
| (a) | an instrument remitting or waiving a penalty in relation to a particular person; | ||
| (b) | an instrument discharging or extinguishing a liability in relation to a particular person | ||
| 28 | An infringement notice | ||
| 29 | Each of the following: | ||
| (a) | an instrument varying, in a particular case, the time for a particular act to be done or a particular event to occur; | ||
| (b) | an instrument extending or shortening, in a particular case, a time period in which a particular act is to be done or a particular event is to occur | ||
| 30 | An instrument that renews, transfers, suspends, cancels or terminates a right created or an obligation imposed by an instrument that is not a legislative instrument | ||
| 31 | An instrument that amends or repeals an instrument that is not a legislative instrument | ||
| 32 | A corporate plan (however described) | ||
| 33 | A law of a self-governing Territory | ||
| 34 | Each of the following: | ||
| (a) | a law of a State or self-governing Territory that applies in a non-self-governing Territory; | ||
| (b) | an instrument made under such a law | ||
| 35 | An Ordinance of the former Colony of Singapore that applies in a non-self-governing Territory and an instrument made under such an Ordinance | ||
| 36 | An instrument that is a notifiable instrument referred to in the table in section 8 |
6(2)
An instrument is not included in a class of instruments referred to in an item of the table in subsection (1) if:
(a) the instrument is of a kind that is declared to be a legislative instrument by section 10 of the Act; or
(b) the instrument has effect other than as provided in the item or any other item of the table (disregarding any application, saving or transitional provisions in the instrument).
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