LEGISLATION ACT 2003 - SECT 13 Construction of legislative instruments and notifiable instruments

LEGISLATION ACT 2003 - SECT 13

  (1)   If enabling legislation confers on a person the power to make a legislative instrument or notifiable instrument , then, unless the contrary intention appears:

  (a)   the Acts Interpretation Act 1901 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 person to make the instrument .

  (2)   If the making of a legislative instrument or notifiable instrument would, apart from this subsection, be construed as being in excess of the power to make the instrument , 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 enabling legislation confers on a person the power to make a legislative instrument or notifiable instrument :

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

  (b)   doing anything in relation to a matter;

then, in exercising the power, the person may identify the matter by referring to a class or classes of matters.

  (4)   For the purposes of subsection   ( 3), matter includes thing, person and animal.

  (5)   The amendment of a legislative instrument or notifiable instrument by an Act does not prevent the instrument, as so amended, from being amended or repealed by a person who is currently authorised under the enabling legislation for the instrument to make instruments of the same kind.

Note:   This section has a parallel , in relation to instruments other than legislative instruments or notifiable instruments , in subsection   33(3AB) and section   46 of the Acts Interpretation Act 1901 .