LEGISLATION ACT 2001 - SECT 45 Power to make court rules
LEGISLATION ACT 2001 - SECT 45
Power to make court rules(1) The power of an entity to make rules for a court includes power to make rules in relation to any matter necessary or convenient to be prescribed for carrying out or giving effect to the court's jurisdiction under any law that authorises or requires anything to be done in or in relation to the court.
(2) This section is additional to section 44.
(3) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement.
(4) In this section:
"court" includes a tribunal .
"disallowable legislative instrument", for a Commonwealth Act, means a legislative instrument that can be disallowed under the Legislation Act 2003
(Cwlth), chapter 3, part 2 (Parliamentary scrutiny of legislative instruments), including that part, or provisions of that part, applied by another Commonwealth law.
"law" means—
(a) an Act, subordinate law or disallowable instrument; or
Note A reference to an Act, subordinate law or disallowable instrument includes a reference to a provision of the Act, law or instrument (see s 7, s 8 and s 9).
(b) a Commonwealth Act or a disallowable legislative instrument under a Commonwealth Act (or a provision of such an Act or instrument).