Commonwealth Consolidated Acts

ACTS INTERPRETATION ACT 1901 - SECT 46

             (1)  If a provision confers on an authority the power to make an instrument that is neither a legislative instrument for the purposes of the Legislative Instruments Act 2003 nor a rule of court, then:

                     (a)  this Act applies to any instrument so made as if it were an Act and as if each provision of the instrument were a section of an Act; and

                     (b)  expressions used in any instrument so made have the same meaning as in the enabling legislation as in force from time to time; and

                     (c)  any instrument so made is to be read and construed subject to the enabling legislation as in force from time to time, and so as not to exceed the power of the authority.

             (2)  If any instrument so made would, but for this subsection, be construed as being in excess of the authority's power, it is to be taken to be a valid instrument to the extent to which it is not in excess of that power.

Note:         This provision has a parallel, in relation to legislative instruments , in section 13 of the Legislative Instruments Act 2003 .