Australian Capital Territory Consolidated Acts

LEGISLATION ACT 2001 - SECT 44

    (1)     If an Act or statutory instrument (the authorising law ) authorises or requires the making of a statutory instrument for the authorising law or another Act or statutory instrument (the other law ), the power authorises a statutory instrument to be made in relation to any matter that—

        (a)     is required or permitted to be prescribed by the authorising law or other law; or

        (b)     is necessary or convenient to be prescribed for carrying out or giving effect to the authorising law or other law.

    (2)     Subsection (1) applies to the authorising law even though the authorising law—

        (a)     only authorises the making of a statutory instrument for the authorising law; or

        (b)     also authorises or requires the making of a statutory instrument about a particular matter.

    (3)     Power given by the authorising law to make a statutory instrument about a particular matter does not limit power given by the authorising law or other law to make a statutory instrument (whether or not of the same kind) about any other matter.

    (4)     This section is a determinative provision.

Note     See s 5 for the meaning of determinative provisions, and s 6 for their displacement.