Commonwealth Consolidated Acts

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ACTS INTERPRETATION ACT 1901 - SECT 46

Construction of instruments

             (1)  If a provision confers on a person (the authority ) the power to make an instrument other than a legislative instrument, notifiable instrument or 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 Act or instrument, as in force from time to time, that authorises the making of the instrument in which the expressions are used; 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.

             (3)  The amendment of an instrument, other than a legislative instrument or a notifiable instrument, or a rule of court, by an Act does not prevent the instrument, as so amended, from being amended or repealed by the authority.

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



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