Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(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.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see s 126 and s 132).
(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.
Examples
See examples to section 56 (3) and section 255 (3).
(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.