Commonwealth Consolidated Acts

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LEGISLATIVE INSTRUMENTS ACT 2003 - SECT 6

Instruments declared to be legislative instruments

                   Without limiting the generality of subsection 5(1), each of the following instruments is, subject to sections 7 and 9, a legislative instrument:

                     (a)  an instrument:

                              (i)  made in the exercise of a power delegated by the Parliament before, on or after the commencing day; and

                             (ii)  described as a regulation by the enabling legislation;

                     (b)  an instrument, other than a regulation:

                              (i)  made in the exercise of a power delegated by the Parliament before the commencing day; and

                             (ii)  required to be printed and sold as a statutory rule under subsection 5(1) of the Statutory Rules Publication Act 1903 as in force at any time before the commencing day;

                     (c)  an instrument:

                              (i)  made in the exercise of a power delegated by the Parliament before, on or after the commencing day in an Act providing for the government of a non‑self‑governing Territory; and

                             (ii)  described in that Act as an Ordinance or as a rule, regulation or by‑law made under such an Ordinance;

                     (d)  an instrument made in the exercise of a power delegated by the Parliament before the commencing day and, in accordance with a provision of the enabling legislation:

                              (i)  declared to be a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 as in force at any time before the commencing day; or

                             (ii)  otherwise able to be disallowed under Part XII of the Acts Interpretation Act 1901 as in force at any time before the commencing day;

                     (e)  a Proclamation made before, on or after the commencing day under enabling legislation.



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