Australian Capital Territory Consolidated Acts

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FAIR TRADING ACT 1992 - SECT 34

Approval of codes of practice

    (1)     The Minister may approve a code of practice submitted to the Minister under section 33.

Note     Under the Legislation Act, s 46 a power to make an instrument includes the power to amend or repeal the instrument. The power to amend or repeal the instrument is exercisable in the same way, and subject to the same conditions, as the power to make the instrument (see s 46 (2)).

    (2)     A code of practice submitted to the Minister under section 33 may be approved with or without amendments.

    (3)     An approved code of practice is a disallowable instrument.

Note     A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

    (4)     The Minister may approve an amendment of an approved code of practice if the commissioner has certified in writing that the amendment is of a minor or inconsequential nature and that compliance with section 33 is not required.

    (5)     Subsection (4) has effect despite the Legislation Act, section 46 (2).



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