S 44(2) substituted by No 10 of 2015, s 3 and Sch 1 item 47, effective 5 March 2016. See note under the title of the Act. S 44(2) formerly read:
(2)
Section
42
does not apply in relation to a legislative instrument, or a provision of a legislative instrument, that is included in the table below unless the instrument or provision is subject to disallowance under its enabling legislation or by means of some other Act:
Table
Table
|
Legislative instruments that are not subject to disallowance
|
|
Item
|
Particulars of instrument
|
| 1 |
Determinations under subsection 5(2) of the
Australian Citizenship Act 2007 |
| 2 |
Determinations specifying drugs, made under section 4A of the
Australian Federal Police Act 1979 |
| 3 |
Statutes made under the
Australian National University Act 1991
or rules or orders made under those statutes |
| 4 |
Instruments made under section 32 of the
Australian Postal Corporation Act 1989 |
| 5 |
Rules made under section 60 of the
Australian Research Council Act 2001 |
| 6 |
Standards issued under section 122 of the
Broadcasting Services Act 1992 |
| 7 |
Amendments under section 128 of the
Broadcasting Services Act 1992
to standards under Part 9 of that Act |
| 8 |
Fee waiver principles made under subsection 91(1A) of the
Classification (Publications, Films and Computer Games) Act 1995 |
| 9 |
(Repealed by No 20 of 2008) |
| 10 |
Determinations made under paragraph
153L(1)(c)
,
153P(2)(c)
or
153Q(1)(c)
, or subsection
153ZIH(2)
of the
Customs Act 1901 |
| 11 |
(Repealed by No 166 of 2006) |
| 12 |
Instruments made under subsection
161J(2)
or
161J(3
of the
Customs Act 1901 |
| 13 |
Tariff Concession Orders made under section
269P
or
269Q
of the
Customs Act 1901 |
| 14 |
Instruments made under section
269SC
or
269SD
of the
Customs Act 1901 |
| 15 |
By-laws made under section
271
of the
Customs Act 1901
for the purposes of Schedule 4 to the
Customs Tariff Act 1995 |
| 16 |
Revocations of Commercial Tariff Concession Orders to which section 20 of the
Customs Legislation (Tariff Concessions and Anti-Dumping) Amendment Act 1992
applies |
| 17 |
Instruments made under section 303CA, 344 or 350 of the
Environment Protection and Biodiversity Conservation Act 1999 |
| 18 |
By-laws made under section 165 of the Excise Act 1901 for the purposes of the Excise Tariff within the meaning of section
4
of the
Excise Act 1901 |
| 19
-
21 |
(Repealed by No 89 of 2011) |
| 22 |
Proclamations made under section 5, warrants made under section 6 or rules made under section 7, of the
Flags Act 1953 |
| 23 |
Proclamations made under subsection 31(1) or (3) of the
Great Barrier Reef Marine Park Act 1975 |
| 24 |
Guidelines issued under section
13
of the
Higher Education Funding Act 1988 |
| 25 |
Statutes made under the
Maritime College Act 1978
or rules made under those statutes |
| 26 |
Legislative instruments (other than regulations) under Part 1, 2 or 9 of the
Migration Act 1958
, or legislative instruments under Part 1, 2 or 5, or Schedule 1, 2, 4, 5A, 6, 6A or 8, of the regulations made under that Act |
| 27 |
Declarations made by Ministers under section 32 of the
Mutual Recognition Act 1992 |
| 28 |
Instruments made under subsection 203AH(1) of the
Native Title Act 1993 |
| 29 |
Directions issued under section 20 of the
Parliamentary Service Act 1999 |
| 30 |
Instruments made under section 23 or subsection 24(3) of the
Parliamentary Service Act 1999 |
| 31 |
Access regimes made under section 12, variations of such access regimes under section 14, revocation of access regimes made under section 15, determinations and variations of standards under section 18, or instruments made under section 25, of the
Payment Systems (Regulation) Act 1998 |
| 32 |
Directions issued under section 21 of the
Public Service Act 1999 |
| 33 |
Instruments made under section 23 or subsection 24(3) of the
Public Service Act 1999 |
| 34 |
Instruments made under section 2A, 2B, or 12, subsection 13(1), section 20B, subsection 26(2) or section 26A of the
Quarantine Act 1908
|
| 35 |
Instruments made under subsection 60(1) or 106(1) of the
Radiocommunications Act 1992 |
| 36 |
Instruments made under subsection 463(1) of the
Telecommunications Act 1997 |
| 37 |
Declarations made by Ministers under section 31 of the
Trans-Tasman Mutual Recognition Act 1997 |
| 38 |
Instruments made under Annual Appropriation Acts |
| 39 |
Instruments (other than regulations) relating to superannuation |
| 40 |
Legislative instruments that, in accordance with the provisions of the enabling legislation, do not commence unless they are approved by either or both of the Houses of the Parliament |
| 41 |
Ministerial directions to any person or body |
| 42 |
Proclamations that provide solely for the commencement of Acts or of provisions of Acts |
| 43 |
Certificates issued by the Attorney-General under section
10
or
11
, or under subsection
51(1)
, of this Act |
| 44 |
Instruments that are prescribed by the regulations for the purposes of this table |
S 44(2) amended by No 89 of 2011, s 3 and Sch 3 item 1, by repealing table items 19, 20 and 21, effective 1 September 2011. Table items 19, 20 and 21 formerly read:
| 19 |
Determinations made under subsection 20(3), or instructions given under section 52, of the
Financial Management and Accountability Act 1997 |
| 20 |
Determinations made under Order 6.2.1 of the Financial Management and Accountability Orders 1997 made under section 63 of the
Financial Management and Accountability Act 1997 |
| 21 |
Guidelines issued under regulations made pursuant to section 64 of the
Financial Management and Accountability Act 1997 |
S 44(2) amended by No 20 of 2008, s 3 and Sch 2 item 5, by repealing table item 9, effective 1 July 2008. Table item 9 formerly read:
9 ... Notifications under section 28 or 43 of the
Commonwealth Authorities and Companies Act 1997
Act No 20 of 2008, s 3 and Sch 2 item 7, contained the following saving provision:
Despite the amendments made to sections 44 and 54 of the
Legislative Instruments Act 2003
by items 5 and 6 of this Schedule, those sections continue in force, after the commencement of this item, in relation to a section 28 notification (within the meaning of item 71 of Schedule 1) and a section 43 notification (within the meaning of item 72 of Schedule 1) as if those amendments had not been made.
S 44(2) table item 19 amended by No 166 of 2007, s 3 and Sch 1 item 19, by omitting
"
agreements made under section 31,
"
after
"
under subsection 20(3),
"
, effective 1 January 2008.
S 44(2) amended by No 166 of 2007, s 3 and Sch 1 item 20, by omitting
"
directions given under section 32,
"
before
"
or instructions given
"
in table item 19, effective 25 September 2007.
S 44(2) amended by No 21 of 2007, s 3 and Sch 1 item 38, by substituting table item 1, effective 1 July 2007. The table item formerly read:
1 ... Declarations under paragraph 5A(2)(d) or (e) of the
Australian Citizenship Act 1948
S 44(2) amended by No 166 of 2006, s 3 and Sch 1 items 18 and 19, by substituting
"
paragraph 153L(1)(c), 153P(2)(c) or 153Q(1)(c) or subsection 153ZIH(2)
"
for
"
paragraph 153J(1)(c), 153L(1)(c), 153P(2)(c) or 153Q(1)(c)
"
in table item 10 and repealing table item 11, effective 1 January 2007. Table item 11 formerly read:
11 ... Revocations made under subsection
153K(3)
or
153LA(3)
of the
Customs Act 1901
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