LEGISLATION ACT 2001 - SECT 49 Single instrument may exercise several powers or satisfy several requirements

LEGISLATION ACT 2001 - SECT 49

    (1)     Power given under an Act or statutory instrument may be exercised with any other power to make a single instrument—

        (a)     whether or not the powers are exercised in relation to separate provisions, some of the same provisions, or all of the provisions, of the instrument; or

        (b)     whether or not the other powers are given under the same Act or statutory instrument, another Act or statutory instrument or any other territory law.

    (2)     A statutory instrument is taken—

        (a)     to be made under each power given under territory law under which it could be made; and

        (b)     to satisfy each requirement under territory law that it could satisfy.

    (3)     Without limiting subsection (2), that subsection applies to an instrument even though—

        (a)     it is stated to be made under a particular territory law (the authorising law ) or a particular provision of the authorising law; and

        (b)     it is stated to be made for a particular territory law (the requiring law ) or a particular provision of the requiring law.

    (4)     This section is a determinative provision.

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