Legislation Act 2003
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View history noteCh 1 heading inserted by No 10 of 2015, s 3 and Sch 1 item 2, effective 5 March 2016. See note under the title of the Act.
Pt 2 heading inserted by No 10 of 2015, s 3 and Sch 1 item 12, effective 5 March 2016. See note under the title of the Act.
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.
S 13(1) amended by No 10 of 2015, s 3 and Sch 1 items 13 - 15, by substituting " person the power to make a legislative instrument or notifiable instrument " for " rule-maker the power to make a legislative instrument " , omitting " legislative " (wherever occurring) in para (a), (b) and (c), and substituting " person to make the instrument " for " rule-maker " in para (c), effective 5 March 2016. See note under the title of the Act.
S 13(1) amended by No 46 of 2011, s 3 and Sch 1 item 111, by inserting
"
as in force from time to time
"
after
"
legislation
"
in para (b) and (c), applicable on and after 27 December 2011, in relation to Acts enacted before, on or after 27 December 2011. No 46 of 2011, s 3 and Sch 3 items 9 and 11 contain the following saving provision and transitional regulations:
at a time before the commencement of those items.
9 Saving
-
previous interpretation preserved
9
The amendments made by items 63, 65, 67, 69, 70, 71, 72, 80, 82, 84, 85, 87, 88, 90, 104, 111, 113, 114 and 115 of Schedule 1 do not affect by implication the interpretation of:
(a)
subsection
33(1)
,
(2)
,
(3)
,
(3A)
or
(3B)
or
46(1)
or
(3)
or section
34AA
,
34AB
or
34A
of the
Acts Interpretation Act 1901
; or
(b)
subsection
13(1)
or
(3)
of the
Legislative Instruments Act 2003
;
11
The Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by Schedules 1 and 2.
(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.
S 13(2) amended by No 10 of 2015, s 3 and Sch 1 item 16, by substituting " 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 " for " any legislative instrument would, but for this subsection, be construed as being in excess of the rule-maker ' s power " , effective 5 March 2016. See note under the title of the Act.
S 13(2) amended by No 46 of 2011, s 3 and Sch 1 item 112, by substituting " this subsection " for " subsection (1) " , applicable on and after 27 December 2011, in relation to Acts enacted before, on or after 27 December 2011. For transitional regulations, see note under s 13(1).
(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.
S 13(3) amended by No 10 of 2015, s 3 and Sch 1 items 17 and 18, by substituting " person the power to make a legislative instrument or notifiable instrument " for " rule-maker the power to make a legislative instrument " and " person may identify " for " rule-maker may identify " , effective 5 March 2016. See note under the title of the Act.
S 13(3) amended by No 46 of 2011, s 3 and Sch 1 items 113 and 114, by omitting " or thing " (wherever occurring) and " or things " after " classes of matters " , applicable on and after 27 December 2011, in relation to Acts enacted before, on or after 27 December 2011. For saving provision and transitional regulations, see note under s 13(1).
(4)
For the purposes of subsection (3), matter includes thing, person and animal.
S 13(4) inserted by No 46 of 2011, s 3 and Sch 1 item 115, applicable on and after 27 December 2011, in relation to Acts enacted before, on or after 27 December 2011. For saving provision and transitional regulations, see note under s 13(1).
(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.
S 13(5) inserted by No 10 of 2015, s 3 and Sch 1 item 19, effective 5 March 2016. See note under the title of the Act.
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 .
S 13 amended by No 10 of 2015, s 3 and Sch 1 item 20, by substituting " other than legislative instruments or notifiable instruments " for " that are not legislative instruments " in the note, effective 5 March 2016. See note under the title of the Act.
S 13 amended by No 46 of 2011, s 3 and Sch 1 item 116, by substituting " subsection 33(3AB) and section 46 " for " section 46 " in the note, applicable on and after 27 December 2011, in relation to Acts enacted before, on or after 27 December 2011. For transitional regulations, see note under s 13(1).
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