Commonwealth Consolidated Acts

LEGISLATIVE INSTRUMENTS ACT 2003 - SECT 13

             (1)  If enabling legislation confers on a rule‑maker the power to make a legislative instrument, then, unless the contrary intention appears:

                     (a)  the Acts Interpretation Act 1901 applies to any legislative instrument so made as if it were an Act and as if each provision of the legislative instrument were a section of an Act; and

                     (b)  expressions used in any legislative instrument so made have the same meaning as in the enabling legislation; and

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

             (2)  If any legislative instrument would, but for subsection (1), be construed as being in excess of the rule‑maker'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 enabling legislation confers on a rule‑maker the power to make a legislative instrument:

                     (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 rule‑maker may identify the matter or thing by referring to a class or classes of matters or things.

Note:         This section has a parallel , in relation to instruments that are not legislative instruments, in section 46 of the Acts Interpretation Act 1901 .