LEGISLATION ACT 2001 - SECT 54 Instrument may require making of statutory declaration

LEGISLATION ACT 2001 - SECT 54

    (1)     If an Act or statutory instrument (the authorising law ) gives power to make a statutory instrument, the instrument may require the making of a statutory declaration.

Note     The Statutory Declarations Act 1959

(Cwlth) applies to the making of statutory declarations under territory laws (see that Act, s 5).

    (2)     Subsection (1) applies—

        (a)     whether or not the authorising law authorises or requires penalties to be prescribed by instrument; and

        (b)     if the authorising law authorises or requires penalties to be prescribed by instrument—irrespective of the level of penalties that may be prescribed.

    (3)     This section is a determinative provision.

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