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, unless the contrary intention appears:

                     (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; and

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

             (2)  If any instrument so made would, but for subsection (1), 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)  If a provision confers on an authority the power to make an instrument (that is not a legislative instrument or a rule of court):

                     (a)  specifying, declaring or prescribing a matter or thing; or

                     (b)  doing anything in relation to a matter or thing;

then, in exercising the power, the authority may identify the matter or thing by reference to a class or classes of matters or things.

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