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 14 Prescribing matters by reference to other instruments

(1)

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If enabling legislation authorises or requires provision to be made in relation to any matter by a legislative instrument or notifiable instrument, the instrument may, unless the contrary intention appears, make provision in relation to that matter:

(a) by applying, adopting or incorporating, with or without modification, any of the following, as in force at a particular time or as in force from time to time:

(i) the provisions of an Act;

(ii) the provisions of a legislative instrument covered by subsection (3);

(iii) the provisions of rules of court; or

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(b) subject to subsection (2), by applying, adopting or incorporating, with or without modification, any matter contained in any other instrument or writing as in force or existing at:

(i) the time the first-mentioned instrument commences; or

(ii) a time before the first-mentioned instrument commences (whether or not the other instrument is still in force, or the other writing still exists, at the time the first-mentioned instrument commences).

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(2)

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Unless the contrary intention appears, the legislative instrument or notifiable instrument may not make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.

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(3)

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The following legislative instruments are covered by this subsection:

(a) disallowable legislative instruments;

(b) legislative instruments that were disallowable under the Acts Interpretation Act 1901 or any other Act at any time before 1 January 2005.

Note:

The substantive provisions of this Act commenced on 1 January 2005.

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Forms

(4)

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If a legislative instrument or notifiable instrument provides for a form to be used, this section does not apply in relation to the form.

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History

S 14(4) substituted by No 126 of 2015, s 3 and Sch 3 item 3, effective 5 March 2016. No 126 of 2015, s 3 and Sch 3 item 6 contains the following application provision:

Part 2 - Application of amendments
6 Application of amendments relating to forms
(1)
The amendments of section 46AA of the Acts Interpretation Act 1901 and section 14 of the Legislation Act 2003 made by Part 1 of this Schedule apply, on or after the commencement of that Part, in relation to:

(a) a form made before that commencement; and

(b) a form made on or after that commencement, whether the instrument providing for the form to be used is made before, on or after that commencement.

(2)
No inference may be drawn from an amendment of a section mentioned in subitem (1) as to whether, before the commencement of Part 1 of this Schedule, that section applied in relation to a form made before that commencement.

S 14(4) formerly read:

Exception - forms

(4)
Despite subsections (1) to (3), a legislative instrument or notifiable instrument (the enabling instrument ) may authorise or require a form (however described) to be used for the purposes of an Act, that instrument or another instrument if the enabling instrument provides that:

(a) the form is a notifiable instrument; or

(b) the form is required to be publicly available in another specified way.

S 14(4) inserted by No 10 of 2015, s 3 and Sch 1 item 25, effective 5 March 2016. See note under the title of the Act.

Note:

This section has a parallel, in relation to instruments that are not legislative instruments, in section 46AA of the Acts Interpretation Act 1901 .

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