Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Section 42 does not apply in relation to a legislative instrument, or a provision of a legislative instrument, made on or after the commencing day, if the enabling legislation for the instrument (not being the Corporations Act 2001 ):
(a) facilitates the establishment or operation of an intergovernmental body or scheme involving the Commonwealth and one or more States; and
(b) authorises the instrument to be made by the body or for the purposes of the body or scheme;
unless the instrument is a regulation, or the enabling legislation or some other Act has the effect that the instrument is disallowable.
(2) Section 42 does not apply in relation to a legislative instrument, or a provision of a legislative instrument, that is included in the table below unless the instrument or provision is subject to disallowance under its enabling legislation or by means of some other Act:
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Legislative instruments that are not subject to disallowance |
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|
Item |
Particulars of instrument |
|
1 |
Determinations under subsection 5(2) of the Australian Citizenship Act 2007 |
|
2 |
Determinations specifying drugs, made under section 4A of the Australian Federal Police Act 1979 |
|
3 |
Statutes made under the Australian National University Act 1991 or rules or orders made under those statutes |
|
4 |
Instruments made under section 32 of the Australian Postal Corporation Act 1989 |
|
5 |
Rules made under section 60 of the Australian Research Council Act 2001 |
|
6 |
Standards issued under section 122 of the Broadcasting Services Act 1992 |
|
7 |
Amendments under section 128 of the Broadcasting Services Act 1992 to standards under Part 9 of that Act |
|
8 |
Fee waiver principles made under subsection 91(1A) of the Classification (Publications, Films and Computer Games) Act 1995 |
|
10 |
Determinations made under paragraph 153L(1)(c), 153P(2)(c) or 153Q(1)(c) or subsection 153ZIH(2) of the Customs Act 1901 |
|
12 |
Instruments made under subsection 161J(2) or (3) of the Customs Act 1901 |
|
13 |
Tariff Concession Orders made under section 269P or 269Q of the Customs Act 1901 |
|
14 |
Instruments made under section 269SC or 269SD of the Customs Act 1901 |
|
15 |
By‑laws made under section 271 of the Customs Act 1901 for the purposes of Schedule 4 to the Customs Tariff Act 1995 |
|
16 |
Revocations of Commercial Tariff Concession Orders to which section 20 of the Customs Legislation (Tariff Concessions and Anti‑Dumping) Amendment Act 1992 applies |
|
17 |
Instruments made under section 303CA, 344 or 350 of the Environment Protection and Biodiversity Conservation Act 1999 |
|
18 |
By‑laws made under section 165 of the Excise Act 1901 for the purposes of the Excise Tariff within the meaning of section 4 of the Excise Act 1901 |
|
19 |
Determinations made under subsection 20(3), or instructions given under section 52, of the Financial Management and Accountability Act 1997 |
|
20 |
Determinations made under Order 6.2.1 of the Financial Management and Accountability Orders 1997 made under section 63 of the Financial Management and Accountability Act 1997 |
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21 |
Guidelines issued under regulations made pursuant to section 64 of the Financial Management and Accountability Act 1997 |
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22 |
Proclamations made under section 5, warrants made under section 6 or rules made under section 7, of the Flags Act 1953 |
|
23 |
Proclamations made under subsection 31(1) or (3) of the Great Barrier Reef Marine Park Act 1975 |
|
24 |
Guidelines issued under section 13 of the Higher Education Funding Act 1988 |
|
26 |
Legislative instruments (other than regulations) under Part 1, 2 or 9 of the Migration Act 1958 , or legislative instruments under Part 1, 2 or 5, or Schedule 1, 2, 4, 5A, 6, 6A or 8, of the regulations made under that Act |
|
27 |
Declarations made by Ministers under section 32 of the Mutual Recognition Act 1992 |
|
28 |
Instruments made under subsection 203AH(1) of the Native Title Act 1993 |
|
29 |
Directions issued under section 20 of the Parliamentary Service Act 1999 |
|
30 |
Instruments made under section 23 or subsection 24(3) of the Parliamentary Service Act 1999 |
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31 |
Access regimes made under section 12, variations of such access regimes under section 14, revocation of access regimes made under section 15, determinations and variations of standards under section 18, or instruments made under section 25, of the Payment Systems (Regulation) Act 1998 |
|
32 |
Directions issued under section 21 of the Public Service Act 1999 |
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33 |
Instruments made under section 23 or subsection 24(3) of the Public Service Act 1999 |
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34 |
Instruments made under section 2A, 2B, or 12, subsection 13(1), section 20B, subsection 26(2) or section 26A of the Quarantine Act 190 8 |
|
35 |
Instruments made under subsection 60(1) or 106(1) of the Radiocommunications Act 1992 |
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36 |
Instruments made under subsection 463(1) of the Telecommunications Act 1997 |
|
37 |
Declarations made by Ministers under section 31 of the Trans‑Tasman Mutual Recognition Act 1997 |
|
38 |
Instruments made under Annual Appropriation Acts |
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39 |
Instruments (other than regulations) relating to superannuation |
|
40 |
Legislative instruments that, in accordance with the provisions of the enabling legislation, do not commence unless they are approved by either or both of the Houses of the Parliament |
|
41 |
Ministerial directions to any person or body |
|
42 |
Proclamations that provide solely for the commencement of Acts or of provisions of Acts |
|
43 |
Certificates issued by the Attorney‑General under section 10 or 11, or under subsection 51(1), of this Act |
|
44 |
Instruments that are prescribed by the regulations for the purposes of this table |
(3) The inclusion of a kind of instrument in the table in subsection (2) does not imply that every instrument of that kind is a legislative instrument.
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