Commonwealth Consolidated Acts

LEGISLATIVE INSTRUMENTS ACT 2003 - SECT 10

             (1)  If a person or body having authority to make instruments of a particular kind is uncertain whether an instrument of that kind:

                     (a)  that was made before the commencing day; and

                     (b)  that is not registered;

is, or is not, a legislative instrument, the person or body may, at any time before the day that would, under Division 3 of Part 4, be the last day for lodging the instrument for registration if it were a legislative instrument, apply, in writing, to the Attorney‑General to determine the matter.

             (2)  If a person or body having authority to make an instrument of a particular kind:

                     (a)  proposes to make an instrument of that kind on or after the commencing day; and

                     (b)  is uncertain whether an instrument of that kind will be, or will not be, a legislative instrument;

the person or body may apply, in writing, to the Attorney‑General to determine the matter.

             (3)  The regulations may make provision in relation to the content and form of, and manner of making, applications under subsections (1) and (2).

             (4)  If application is made to the Attorney‑General in respect of an instrument, or an instrument of a particular kind, the Attorney‑General must:

                     (a)  determine whether that instrument is, or is not, or whether an instrument of that kind will be, or will not be, a legislative instrument; and

                     (b)  issue a certificate, in writing, to that effect, and set out the reasons for that decision in the certificate; and

                     (c)  give a copy of the certificate to the applicant.

             (5)  Subject only to its reconsideration in the circumstance described in subsection 11(1), a certificate given by the Attorney‑General under this section is, for all purposes, conclusive of the question whether the instrument to which the certificate relates is, or is not, or whether an instrument of the kind to which the certificate relates will be, or will not be, a legislative instrument.

             (6)  A certificate issued under this section is a legislative instrument and, as such, is required under Part 4 to be registered.