Legislation Act 2003

Chapter 1 - Introduction

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Part 2 - Key concepts for legislative instruments and notifiable instruments

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SECTION 10 Instruments declared to be legislative instruments

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(1)
For the purposes of subsection 8(5) , each of the following is a legislative instrument:

(a) a regulation or Proclamation (other than a Proclamation that is a commencement instrument) made under a power delegated by the Parliament;

(b) a Territory Ordinance covered by subsection (2), or a regulation, rule or by-law under such an Ordinance;

(c) an instrument prescribed by regulation for the purposes of this paragraph;

(d) an instrument that includes a provision that amends or repeals another legislative instrument.

Note:

Commencement instruments, which may be Proclamations, are notifiable instruments: see section 11 .

(2)
The following Territory Ordinances are covered by this subsection:

(a) an Ordinance made under a power delegated by the Parliament in an Act providing for the government of a non-self-governing Territory;

(b) an Ordinance made under subsection 12(1) of the Seat of Government (Administration) Act 1910 that has not become an enactment (as defined in the Australian Capital Territory (Self-Government) Act 1988) .

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(c) (Repealed by No 59 of 2015)

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History

S 10(2) amended by No 59 of 2015, s 3 and Sch 1 items 204 and 205, by substituting " 1988 ). " for " 1988 ); " in para (b) and repealing para (c), effective 5 March 2016. No 59 of 2015, s 3 and Sch 1 item 206 contains the following transitional provision:

206 Transitional - Ordinances
Despite the repeal of paragraph 10(2)(c) of the Legislation Act 2003 by this Part, that paragraph continues to apply, in relation to an Ordinance made before the commencement of Part 1 of this Schedule, as if that repeal had not happened.

Para (c) formerly read:

(c) an Ordinance made under section 27 of the Norfolk Island Act 1979 .

S 10 substituted by No 10 of 2015, s 3 and Sch 1 item 12, effective 5 March 2016. See note under the title of the Act. S 10 formerly read:

SECTION 10 Attorney-General may certify whether an instrument is legislative instrument or not
(1)
If a person or body having authority to make instruments of a particular kind is uncertain whether an instrument of that kind:

(a) that was made before the commencing day; and

(b) that is not registered;
is, or is not, a legislative instrument, the person or body may, at any time before the day that would, under Division 3 of Part 4, be the last day for lodging the instrument for registration if it were a legislative instrument, apply, in writing, to the Attorney-General to determine the matter.

(2)
If a person or body having authority to make an instrument of a particular kind:

(a) proposes to make an instrument of that kind on or after the commencing day; and

(b) is uncertain whether an instrument of that kind will be, or will not be, a legislative instrument;
the person or body may apply, in writing, to the Attorney-General to determine the matter.

(3)
The regulations may make provision in relation to the content and form of, and manner of making, applications under subsections (1) and (2).

(4)
If application is made to the Attorney-General in respect of an instrument, or an instrument of a particular kind, the Attorney-General must:

(a) determine whether that instrument is, or is not, or whether an instrument of that kind will be, or will not be, a legislative instrument; and

(b) issue a certificate, in writing, to that effect, and set out the reasons for that decision in the certificate; and

(c) give a copy of the certificate to the applicant.

(5)
Subject only to its reconsideration in the circumstance described in subsection 11(1) , a certificate given by the Attorney-General under this section is, for all purposes, conclusive of the question whether the instrument to which the certificate relates is, or is not, or whether an instrument of the kind to which the certificate relates will be, or will not be, a legislative instrument.

(6)
A certificate issued under this section is a legislative instrument and, as such, is required under Part 4 to be registered.

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