Legislation (Exemptions and Other Matters) Regulation 2015

PART 5 - LEGISLATIVE INSTRUMENTS THAT ARE NOT SUBJECT TO SUNSETTING

SECTION 12

12 PARTICULAR LEGISLATIVE INSTRUMENTS THAT ARE NOT SUBJECT TO SUNSETTING

For paragraph 54(2)(b) of the Act, Part 4 of Chapter 3 of the Act (sunsetting of legislative instruments) does not apply to a legislative instrument referred to in the following table.

Note:

The inclusion of a kind of instrument in the table does not imply that every instrument of that kind is a legislative instrument (see subsection 54(3) of the Act).

Particular legislative instruments that are not subject to sunsetting
Item	Legislative instrument
1	A substituted reference order made under section 19B of the Acts Interpretation Act 1901
2	An instrument made under section 8, 9 or 9A of the Aboriginal Land Grant (Jervis Bay Territory) Act 1986
3	A regulation made under the Aboriginal Land Rights (Northern Territory) Act 1976
3A	Each of the following:
	(a)	the Air Navigation (Aircraft Engine Emissions) Regulations;
	(b)	the Air Navigation (Aircraft Noise) Regulations 2018
4	Each of the following:
	(a)	an instrument relating to aviation safety made under the Air Services Act 1995 ;
	(b)	an instrument made under a regulation made under that Act
5	Each of the following:
	(a)	a statement made under subsection 8(1) of the Airspace Act 2007 ;
	(b)	a regulation made under that Act;
	(c)	an instrument relating to aviation safety made under a regulation made under that Act
6	A rule made under section 229 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006
7	A national capital plan made under the Australian Capital Territory (Planning and Land Management) Act 1988
8	A determination specifying drugs, made under section 4A of the Australian Federal Police Act 1979
8A	A regulation made under the Australian National Registry of Emissions Units Act 2011
9	Each of the following:
	(a)	a statute made under the Australian National University Act 1991 ;
	(b)	a rule or order made under such a statute
9A	Each of the following:
	(a)	an instrument made under the Australian Participants in British Nuclear Tests (Treatment) Act 2006 ;
	(b)	a regulation made under that Act
9B	A regulation made under the Australian Securities and Investments Commission Act 2001
10	A statement approved under section 34AF of the Australian Security Intelligence Organisation Act 1979
10A	A regulation made under the Australian War Memorial Act 1980
10B	Each of the following:
	(a)	an instrument made under regulation 6, 6A or 7 of the Autonomous Sanctions Regulations 2011 ;
	(b)	an instrument made under subregulation 8(1) of those Regulations;
	(c)	an instrument made under regulation 9 of those Regulations
11	A regulation made under the Aviation Transport Security Act 2004
12	Each of the following:
	(a)	an instrument made under subsection 5(8) of the Banking Act 1959 ;
	(b)	an instrument made under section 16AD of that Act;
	(c)	an instrument made under section 70C of that Act
13	An instrument made under section 26 of the Broadcasting Services Act 1992
13A	Each of the following:
	(a)	a rule made under section 26 of the Business Names Registration Act 2011 ;
	(b)	a determination made under section 27 or 28 of that Act;
	(c)	a regulation made under that Act
14	A determination made under subsection 70A(4) of the Cheques Act 1986
15	An instrument relating to aviation safety made under the Civil Aviation Act 1988 , the Civil Aviation Regulations 1988 or the Civil Aviation Safety Regulations 1998
16	Each of the following:
	(a)	an instrument made under section 104 or 105 of Schedule 2 to the Competition and Consumer Act 2010 (including a prescribed consumer product safety standard made under section 65C of the Trade Practices Act 1974 that was in force immediately before the commencement of item 4 of Schedule 7 to the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010) ;
	(b)	an instrument made under section 114 of Schedule 2 to the Competition and Consumer Act 2010 (including a notice given under subsection 65C(7) of the Trade Practices Act 1974 that was in force immediately before the commencement of item 3 of Schedule 7 to the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010) ;
	(c)	an instrument made under section 134 or 135 of Schedule 2 to the Competition and Consumer Act 2010 (including a prescribed consumer product information standard made under section 65D of the Trade Practices Act 1974 that was in force immediately before the commencement of item 5 of Schedule 7 to the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010) ;
	(d)	the Australian Competition and Consumer Commission (Allowances) Regulations;
	(e)	the Competition and Consumer Regulations 2010 ;
	(f)	the Trade Practices (Removal of Exceptions) Regulations
17	A Proclamation made under section 3A or 3B of the Control of Naval Waters Act 1918
18	Each of the following:
	(a)	a standard made under section 334 or 336 of the Corporations Act 2001 ;
	(b)	a rule made under section 798G of that Act;
	(c)	an instrument made under section 827D of that Act;
	(d)	the Corporations Regulations 2001
18A	A regulation made under the Corporations (Fees) Act 2001
18B	A regulation made under the Corporations (Review Fees) Act 2003
18C	A regulation made solely for the purposes of paragraph (b) of the definition of *terrorist organisation* in subsection 102.1(1) of the Criminal Code
19	A regulation made under the Cross-Border Insolvency Act 2008
20	Each of the following:
	(a)	a determination made solely for the purposes of either or both of sections 13 and 13A of the Currency Act 1965 ;
	(b)	a regulation made under that Act
21	Each of the following:
	(a)	a regulation made solely for the purposes of section 50 or 112 of the Customs Act 1901 ;
	(b)	a determination made under paragraph 153L(1)(c) , 153P(2)(c) or 153Q(1)(c) or subsection 153ZIH(2) of that Act;
	(c)	a tariff concession order made under Part XVA of that Act
21A	The Defence Determination 2016/19, Conditions of service
22	A determination made under subsection 6(4) of the Defence Housing Australia Act 1987
22A	A regulation made under the Defence Service Homes Act 1918
22B	A regulation made under the Designs Act 2003
23	A disability standard made under section 31 of the Disability Discrimination Act 1992
24	An instrument made under section 178, 181, 183, 207A, 248, 270B, 303CA, 303DB, 303EB, 303FG, 324G, 341G, 344 or 517 of the Environment Protection and Biodiversity Conservation Act 1999
25	Each of the following made under section 165 of the Excise Act 1901 :
	(a)	Excise By-law No. 75;
	(b)	Excise By-law No. 114;
	(c)	Excise By-law No. 127;
	(d)	Excise By-law No. 129;
	(e)	Excise By-law No. 151;
	(f)	Excise By-law No. 154
26	A regulation made under the Extradition Act 1988
27	Each of the following:
	(a)	an instrument made under subsection 14(4) of the Fair Work Act 2009 ;
	(b)	a rule made under subsection 32A(1) of that Act;
	(c)	a declaration made under subsection 388(1) of that Act;
	(d)	an instrument made under subsection 559(3B) of that Act;
	(e)	a regulation made under that Act
27A	A regulation made under the Fair Work (Registered Organisations) Act 2009
27B	A regulation made under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
28	A Proclamation made under any of the following provisions of the Family Law Act 1975 :
	(a)	subsection 39(7) ;
	(b)	subsection 39(7A) ;
	(c)	subsection 40(3) ;
	(d)	subsection 41(2) ;
	(da)	subsection 47A(5) ;
	(e)	subsection 60E(6) as in force before its repeal by the Family Law Reform Act 1995 (see subsection 69ZF(3) of the Family Law Act 1975 );
	(f)	subsection 69J(3) ;
	(g)	subsection 69J(6) ;
	(h)	subsection 69ZF(1)
	(i)	(Repealed by FRLI No F2021L01204)
28A	The Financial Framework (Supplementary Powers) Regulations 1997
29	A plan of management made under section 17 of the Fisheries Management Act 1991
30	Each of the following:
	(a)	a Proclamation made under section 5 of the Flags Act 1953 ;
	(b)	a warrant made under section 6 of that Act;
	(c)	a rule made under section 7 of that Act
31	A regulation made under the Foreign Acquisitions and Takeovers Act 1975
31A	An instrument made under the Gene Technology Act 2000
32	Each of the following:
	(a)	a Proclamation made under section 31 of the Great Barrier Reef Marine Park Act 1975 ;
	(b)	a zoning plan prepared in accordance with Division 2 of Part V of that Act;
	(c)	a plan of management prepared in accordance with Part VB of that Act
33	Each of the following:
	(a)	an approval given under subsection 16-25(1) of the Higher Education Support Act 2003 ;
	(b)	an approval given under subclause 6(1) or (1A) of Schedule 1A to that Act
34	Each of the following:
	(a)	an instrument made under section 62ZZC of the Insurance Act 1973 ;
	(b)	an instrument made under section 131A of that Act
34A	A regulation made under item 84 of Schedule 4 to the Intellectual Property Laws Amendment Act 2015
35	A regulation made under the International Transfer of Prisoners Act 1997
36	A regulation made under the Judges ' Pensions Act 1968
37	An instrument made under section 251A of the Life Insurance Act 1995
38	A regulation made under the Maritime Transport and Offshore Facilities Security Act 2003
38A	The Migration Regulations 1994
39	A determination made under section 6 or 8 of the Military Rehabilitation and Compensation Act 2004
40	An instrument made under section 7 or 9 of the Motor Vehicle Standards Act 1989
41	A regulation made under the Mutual Assistance in Business Regulation Act 1992
41A	A regulation made under the Mutual Assistance in Criminal Matters Act 1987
42	A declaration made under section 32 of the Mutual Recognition Act 1992
42AA	A regulation made under the National Consumer Credit Protection Act 2009
42AB	A regulation made under the National Consumer Credit Protection (Fees) Act 2009
42A	Each of the following:
	(a)	a determination made under section 10 or 75 of the National Greenhouse and Energy Reporting Act 2007 ;
	(b)	a rule made under section 22XS of that Act;
	(c)	a regulation made under that Act;
	(d)	an instrument made under a regulation made under that Act
43	Each of the following:
	(a)	a determination of the National Land Transport Network made under subsection 5(1) of the National Land Transport Act 2014 ;
	(b)	an instrument determining conditions made under section 27, 44, 86 or 90 of that Act
44	A regulation made solely for the purposes of section 7 of the National Transport Commission Act 2003
44A	Each of the following:
	(a)	a determination made under subsection 54(1) or 232(1) of the National Vocational Education and Training Regulator Act 2011 ;
	(b)	an instrument made under paragraph 157(1)(p) of that Act;
	(c)	a direction made under subsection 160(1) or 181(1) of that Act;
	(d)	an instrument made under subsection 185(1), 186(1), 187(1), 188(1) or 189(1) of that Act
45	Each of the following:
	(a)	a determination made under paragraph 26(3)(b) of the Native Title Act 1993 as in force immediately before 30 September 1998;
	(b)	an instrument made under subparagraph 26(1)(c)(iv), subsection 26A(1), 26B(1) or 26C(2), paragraph 43(1)(b) or 43A(1)(b), subsection 207A(1), 207B(3), 245(4) or 251C(4) or (5), or paragraph (i) of the definition of *infrastructure facility* in section 253, of that Act;
	(c)	a regulation made solely for the purposes of Division 6 or 7 of Part 2 of that Act
45AA	A regulation made under the Olympic Insignia Protection Act 1987
45A	A regulation made under the Papua New Guinea (Members of the Forces Benefits) Act 1957
46	A regulation made under the Papua New Guinea (Staffing Assistance) Act 1973
47	A regulation made under the Parliamentary Contributory Superannuation Act 1948
48	Each of the following:
	(a)	a direction made under section 20 of the Parliamentary Service Act 1999 ;
	(b)	an instrument made under section 23 or subsection 24(3) of that Act
48A	A regulation made under the Patents Act 1990
49	Each of the following:
	(a)	a regulation made under the Payment Systems and Netting Act 1998 ;
	(b)	an approval given under section 9 of that Act
50	Each of the following:
	(a)	a declaration made under subsection 9(3) of the Payment Systems (Regulation) Act 1998 ;
	(b)	an instrument made under Subdivision A of Division 3 of Part 3 of that Act;
	(c)	an instrument made under section 18 of that Act;
	(d)	an instrument made under section 25 of that Act;
	(e)	a regulation made under that Act
50A	A regulation made under the Plant Breeder ' s Rights Act 1994
51	A regulation made under section 23 of the Protection of the Sea (Powers of Intervention) Act 1981
52	Each of the following:
	(a)	a regulation made under subsection 33(1) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 ;
	(b)	an order made under subsection 34(1) of that Act
53	A regulation made under the Protection of Word " Anzac " Act 1920
53A	The Public Governance, Performance and Accountability Rule 2014
54	Each of the following:
	(a)	a direction issued under section 21 of the Public Service Act 1999 ;
	(b)	an instrument made under section 23 or subsection 24(3) of that Act
55	Each of the following:
	(a)	a notice given under section 36 of the Radiocommunications Act 1992 ;
	(aa)	an instrument prepared under subsection 44A(1), or a variation under subsection 44A(6), of that Act;
	(b)	a declaration made under section 153B of that Act
56	An instrument required to be laid before the Parliament under subsection 7(7) of the Remuneration Tribunal Act 1973
56A	A regulation made under the Renewable Energy (Electricity) Act 2000
56B	The Retirement Savings Accounts Regulations 1997
56C	A standard made under section 12 of the Road Vehicle Standards Act 2018
57	Each of the following:
	(a)	a declaration made under subparagraph (c)(iii) of the definition of *Commonwealth authority* in subsection 4(1) of the Safety, Rehabilitation and Compensation Act 1988 ;
	(b)	a declaration made under section 4A of that Act;
	(c)	an instrument made under subsection 5(6) of that Act;
	(d)	a declaration made under subparagraph 6(1)(h)(ii) , or (i)(ii) , of that Act;
	(e)	a declaration made under section 100 of that Act
57A	A Proclamation made under section 7, 8, 10B, 12 or 13B of the Seas and Submerged Lands Act 1973
58	A regulation made under the Superannuation Act 1922
59	A regulation made under the Superannuation Act 1976 (other than a regulation made solely for the purposes of section 153AN or subsection 160(1) of that Act)
59A	The Superannuation Industry (Supervision) Regulations 1994
60	A regulation made under the Superannuation (Productivity Benefit) Act 1988
61	Each of the following:
	(a)	a code made under subclause 37(1) of Schedule 1 to the Telecommunications Act 1997 ;
	(aa)	the Carrier Licence Conditions (Networks supplying Superfast Carriage Services to Residential Customers) Declaration 2014 made under subsection 63(2) of that Act;
	(ab)	a declaration made under section 581F or 581G of that Act;
	(b)	a declaration made under subclause 4(1) of Schedule 3A to that Act
62	A declaration made under subsection 6N(2) or section 34 of the Telecommunications (Interception and Access) Act 1979
63	Each of the following:
	(a)	a declaration made under section 6 of the Terrorism and Cyclone Insurance Act 2003 ;
	(b)	a regulation made under that Act
63AA	Each of the following:
	(a)	the Therapeutic Goods Regulations 1990 ;
	(b)	the Therapeutic Goods (Medical Devices) Regulations 2002
63AB	Each of the following:
	(a)	a declaration made under subsection 3(3) of the Torres Strait Fisheries Act 1984 ;
	(b)	a Proclamation made under section 15 of that Act;
	(c)	an arrangement made under section 31 of that Act;
	(d)	a legislative instrument made by or on behalf of the Protected Zone Joint Authority in the exercise of a power under subsection 35(1) of that Act
63A	A regulation made under the Trade Marks Act 1995
64	A declaration made under section 31 of the Trans-Tasman Mutual Recognition Act 1997
65	Each of the following:
	(a)	a determination made for the purposes of the definition of *non-warlike service* or *warlike service* in subsection 5C(1) of the Veterans ' Entitlements Act 1986 ;
	(b)	an instrument made under section 29, 69B, 105 or 117 of that Act;
	(c)	a determination made for the purposes of the definition of *hazardous service* in subsection 120(7) of that Act;
	(d)	a regulation made under that Act
66	A regulation made under the War Graves Act 1980
67	Each of the following:
	(a)	a Basin Plan adopted under section 44 of the Water Act 2007 ;
	(b)	an amendment of a Basin Plan adopted under section 23B or 48 of that Act;
	(c)	an amendment of a Basin Plan made under a regulation made under that Act;
	(d)	a decision to accredit a water resource plan under section 63 of that Act;
	(e)	a decision to accredit an amendment of a water resource plan under section 65 of that Act;
	(f)	a rule made under section 92 or 97 of that Act;
	(g)	a regulation made under that Act
68	Each of the following:
	(a)	a regulation made under the Work Health and Safety Act 2011 ;
	(b)	an instrument made under subsection 274(1) of that Act
69	A regulation made under the Work Health and Safety (Transitional and Consequential Provisions) Act 2011

View history note

History

S 12 amended by FRLI No F2024L00272, s 4 and Sch 1 item 3, by inserting table item 3A, effective 6 March 2024.

S 12 amended by No 113 of 2023, s 3 and Sch 4 item 5, by inserting table item 18C, effective 5 February 2024.

S 12 amended by FRLI No F2023L00825, s 4 and Sch 1 items 1 and 2, by inserting table items 21A and 53A, effective 23 June 2023.

S 12 amended by FRLI No F2022L00510, s 4 and Sch 1 item 3, by substituting table item 63, effective 5 April 2022. Table item 63 formerly read:

63 Each of the following:

(a) a declaration made under section 6 of the Terrorism Insurance Act 2003 ;

(b) a regulation made under that Act

S 12 amended by FRLI No F2022L00341, s 4 and Sch 1 item 1, by inserting table item 10B, effective 18 March 2022.

S 12 amended by No 140 of 2021, s 3 and Sch 5 item 1, by inserting para (ab) in table item 61, column headed " Legislative instrument " , effective 14 December 2021.

S 12 amended by FRLI No F2021L01204, s 4 and Sch 2 items 88 - 90, by inserting para (da) in table item 28, column headed " Legislative instrument " , substituting " 69ZF(1) " for " 69ZF(1); " in para (h) in table item 28, column headed " Legislative instrument " and repealing para (i) in table item 28, column headed " Legislative instrument " , effective 1 September 2021. Para (i) in table item 28 formerly read:

(i) subsection 96(3)

S 12 amended by FRLI No F2021L00859, s 4 and Sch 1 items 2 and 3, by substituting table item 10 and inserting table item 56C, effective 29 June 2021. Table item 10 formerly read:

10 A statement made under subsection 34C(1) of the Australian Security Intelligence Organisation Act 1979

S 12 amended by No 47 of 2020, s 3 and Sch 2 item 15, by inserting para (aa) in table item 61, column headed " Legislative instrument " , effective 25 August 2020.

S 12 amended by FRLI No F2019L01184, s 4 and Sch 1 items 1 and 2, by substituting " section 8, 9 or 9A " for " section 8 or 9 " in table item 2 and substituting table item 31A, effective 13 September 2019. Table item 31A formerly read:

31A Each of the following:

(a) an instrument made under subsection 21(1) of the Gene Technology Act 2000 ;

(b) a determination made under subsection 78(1) of that Act

S 12 amended by FRLI No F2019L00550, s 4 and Sch 1 items 2 and 3, by substituting table item 27 and inserting table items 27A, 27B, 68 and 69, effective 9 April 2019. Table item 27 formerly read:

27 Each of the following:

(a) a direction issued under section 21 of the Public Service Act 1999 ;

(b) an instrument made under section 23 or subsection 24(3) of that Act

S 12 amended by FRLI No F2018L01101, s 4 and Sch 1 items 1 - 3, by inserting table items 56B, 59A, 63AA and 63AB, effective 11 August 2018.

S 12 amended by FRLI No F2018L00750, s 4 and Sch 1 item 1, by inserting table item 28A, effective 13 June 2018.

S 12 amended by FRLI No F2017L01093, s 4 and Sch 1 items 1 - 15, by inserting table items 9B and 13A, inserting para (d) to (f) in table item 16, column headed " Legislative instrument " , inserting para (d) in table item 18, column headed " Legislative instrument " , inserting table items 18A,18B and 22B, inserting " 270B, " in table item 24, column headed " Legislative instrument " , substituting " 341G, 344 or 517 " for " 341G or 344 " in table item 24, column headed " Legislative instrument " , inserting table items 34A, 42AA, 42AB, 45AA, 48A and 50A, inserting para (aa) in table item 55, column headed " Legislative instrument " and inserting table item 63A, effective 29 August 2017.

S 12 amended by FRLI No F2016L01897, s 4 and Sch 1 items 4 - 17, by substituting table item 5, inserting table items 8A, 9A, 10A, 22A, 31A, 38A, 41A, 42A, 44A, 45A, 56A and 57A and substituting table item 65 and inserting table items 66 and 67, effective 10 December 2016. Table items 5 and 65 formerly read:

5 A statement made under subsection 8(1) of the Airspace Act 2007

65 Each of the following:

(a) a determination made for the purposes of the definition of non-warlike service or warlike service in subsection 5C(1) of the Veterans ' Entitlements Act 1986 ;

(b) an instrument made under subsection 69B(6) of that Act;

(c) a determination made for the purposes of the definition of hazardous service in subsection 120(7) of that Act

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.

31A	Each of the following:
	(a)	an instrument made under subsection 21(1) of the Gene Technology Act 2000 ;
	(b)	a determination made under subsection 78(1) of that Act

65	Each of the following:
	(a)	a determination made for the purposes of the definition of *non-warlike service* or *warlike service* in subsection 5C(1) of the Veterans ' Entitlements Act 1986 ;
	(b)	an instrument made under subsection 69B(6) of that Act;
	(c)	a determination made for the purposes of the definition of *hazardous service* in subsection 120(7) of that Act