Commonwealth Consolidated Acts

ACTS INTERPRETATION ACT 1901 - SECT 15AE

Instruments that are described as legislative instruments

             (1)  If a provision of a law requires or permits an instrument that is described as a legislative instrument to be made, then an instrument made under that provision:

                     (a)  must be in writing; and

                     (b)  is a legislative instrument for the purposes of the Legislative Instruments Act 2003 .

             (2)  However, the fact that a provision of a law requires or permits an instrument that is described as a legislative instrument to be made does not imply that an instrument made under that provision is or must be of legislative character (within the ordinary meaning of that term).

Instruments that are described as not being legislative instruments

             (3)  If a provision of a law requires or permits an instrument that is described as not being a legislative instrument to be made, then an instrument made under that provision is not a legislative instrument for the purposes of the Legislative Instruments Act 2003 .

             (4)  However, the fact that a provision of a law requires or permits an instrument that is described as not being a legislative instrument to be made does not imply that an instrument made under that provision is not, or must not be, of legislative character (within the ordinary meaning of that term).

No inference to be drawn from express statements

             (5)  In determining whether an instrument made under a provision of a law is a legislative instrument for the purposes of the Legislative Instruments Act 2003 , no inference may be drawn from the fact that an instrument made under another provision of that or any other law is described as a legislative instrument, or as not being a legislative instrument.

Example:    In determining whether a Ministerial direction under a provision is a legislative instrument, no inference may be drawn from the fact that a Ministerial direction under another provision is described as being a legislative instrument.

Definition

             (6)  In this section:

"law" means an Act or regulations or any other instrument made under an Act.