Legislation Act 2003

Chapter 1 - Introduction

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Part 1 - Preliminary

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SECTION 6 Definitions of rule-maker and responsible person

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Rule-makers

(1)
In this Act, rule-maker , for an instrument, means:

(a) for an instrument made by the Governor-General that is made under enabling legislation (whether or not it may also be made under any other power) - the Minister currently responsible for administering the provision of the enabling legislation under which the instrument is made; or

(b) for an instrument made by the Governor-General, in any other case - the Prime Minister, or a Minister prescribed by regulation for the purposes of this paragraph; or

(c) for an instrument made by a person other than the Governor-General - a person currently authorised to make the instrument.

Responsible persons

(2)
In this Act, responsible person means:

(a) for an Act or a provision of an Act - the Minister currently responsible for administering the Act or provision; or

(b) for an instrument - the rule-maker for the instrument.

(3)
If more than one Minister is currently responsible for administering an Act, or a provision of an Act:

(a) each of those Ministers is a responsible person for the Act or provision (as the case may be); and

(b) the performance of a function or duty under this Act (in relation to the Act or provision administered) by any of the Ministers discharges the function or duty.

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History

S 6 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 6 formerly read:

SECTION 6 Instruments declared to be legislative instruments
6
Without limiting the generality of subsection 5(1) , each of the following instruments is, subject to sections 7 and 9 , a legislative instrument:

(a) an instrument:

(i) made in the exercise of a power delegated by the Parliament before, on or after the commencing day; and

(ii) described as a regulation by the enabling legislation;

(b) an instrument, other than a regulation:

(i) made in the exercise of a power delegated by the Parliament before the commencing day; and

(ii) required to be printed and sold as a statutory rule under subsection 5(1) of the Statutory Rules Publication Act 1903 as in force at any time before the commencing day;

(c) an instrument:

(i) made in the exercise of a power delegated by the Parliament before, on or after the commencing day in an Act providing for the government of a non-self-governing Territory; and

(ii) described in that Act as an Ordinance or as a rule, regulation or by-law made under such an Ordinance;

(d) an instrument made in the exercise of a power delegated by the Parliament before the commencing day and, in accordance with a provision of the enabling legislation:

(i) declared to be a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 as in force at any time before the commencing day; or

(ii) otherwise able to be disallowed under Part XII of the Acts Interpretation Act 1901 as in force at any time before the commencing day;

(e) a Proclamation made before, on or after the commencing day under enabling legislation.

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