LEGISLATION ACT 2001 - SECT 41 Making of certain statutory instruments by Executive

LEGISLATION ACT 2001 - SECT 41

    (1)     This section applies if an Act authorises or requires the Executive to make a subordinate law or disallowable instrument.

    (2)     The subordinate law or disallowable instrument is taken to be made by the Executive if—

        (a)     it is signed by 2 or more Ministers who are members of the Executive; and

        (b)     the signing Ministers include the Chief Minister and the responsible Minister.

    (3)     A subordinate law or disallowable instrument made in accordance with subsection (2) is taken to be made when it is signed by the second Minister signing.

    (4)     If the Chief Minister or responsible Minister cannot sign because that Minister is absent from the ACT, ill or on leave, the signing Ministers need not include that Minister.

    (5)     In this section:

"responsible Minister" means—

        (a)     the Minister for the time being administering the Act; or

        (b)     if, for the time being, different Ministers administer the Act in relation to different matters—

              (i)     if only 1 Minister administers the Act in relation to the relevant matter—that Minister; or

              (ii)     if 2 or more Ministers administer the Act in relation to the relevant matter—any of the Ministers; or

              (iii)     if subparagraph (ii) does not apply and, for the time being, 2 or more Ministers administer the Act—any of the Ministers;

but does not include a Minister for the time being acting on behalf of the Minister or 2 or more Ministers.