LEGISLATION ACT 2001 - SECT 42 Power to make statutory instruments
LEGISLATION ACT 2001 - SECT 42
Power to make statutory instruments(1) If an Act or statutory instrument gives a power that can be exercised by making an instrument, the Act or statutory instrument gives power to make the instrument.
Example
An Act gives a Minister power to approve codes of practice, but does not require the approval to be in writing or to be given by a particular instrument. The power can be exercised by giving a written approval. The Act, therefore, gives power to make an instrument, namely, a written approval.
(2) If an Act or statutory instrument gives power to make an instrument that would be a legislative instrument, the power can only be exercised by making an instrument.
(3) If an Act or statutory instrument gives power to make an instrument, the power may be exercised from time to time.
(4) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement.