Commonwealth Consolidated Acts(1) An instrument is not a legislative instrument for the purposes of this Act if:
(a) it is included in the table below; or
(b) it is made under an Act or a disallowable legislative instrument:
(i) that first authorised the making of the first‑mentioned instrument on or after the commencing day; and
(ii) that declared the first‑mentioned instrument not to be a legislative instrument for the purposes of this Act.
|
Instruments that are not legislative instruments for the purposes of the Act |
|
|
Item |
Particulars of instrument |
|
1 |
Instruments (other than regulations and other instruments that, immediately before the commencing day, are disallowable) made under the Air Navigation Act 1920, or under the regulations made under that Act, relating to aviation security |
|
2 |
Commissioner's orders under section 38 of the Australian Federal Police Act 1979 |
|
4 |
Guidelines under section 8A of the Australian Security Intelligence Organisation Act 1979 |
|
5 |
Ministerial directions to: (a) a Commonwealth company within the meaning of section 34 of the Commonwealth Authorities and Companies Act 1997 ; or (b) a Commonwealth authority within the meaning of section 7 of that Act; other than any such direction: (d) that is required to be laid before the Houses of the Parliament under the legislation that authorises the giving of the directions; or (e) the full text of which is required to be published in the Gazette or elsewhere under that legislation |
|
6 |
Instruments (other than regulations and other instruments that, immediately before the commencing day, are disallowable) that are made under the Corporations Act 2001 and that, in relation to: (a) a specified person (other than a person specified by membership of a class) or to persons associated with that specified person; or (b) a specified facility (other than a facility specified by membership of a class); or (c) a specified financial product (other than a product specified by membership of a class); have the effect of: (d) exempting the person, facility or product from the rules under the Act; or (e) modifying the operation of the rules under the Act in their application to the person, facility or product |
|
7 |
Determinations made under section 273 of the Customs Act 1901 |
|
8 |
Instructions under section 9A of the Defence Act 1903 |
|
9 |
Determinations made under section 58B or 58H of the Defence Act 1903 |
|
10 |
Legal Services Directions issued under paragraph 55ZF(1)(b) of the Judiciary Act 1903 |
|
12 |
Designations, or revocations of designations, made under section 11 of the Payment Systems (Regulation) Act 1998 |
|
13 |
Instruments made under section 72 of the Public Service Act 1999 |
|
14 |
Laws of a self‑governing Territory, other than: (a) Ordinances made under subsection 12(1) of the Seat of Government (Administration) Act 1910 that have not become enactments (as defined in the Australian Capital Territory (Self‑Government) Act 1988 ); or (b) Ordinances made under section 27 of the Norfolk Island Act 1979 ; or (c) rules, regulations and by‑laws made under Ordinances described in paragraph (a) or (b) |
|
15 |
Instruments (other than regulations and other instruments that, immediately before the commencing day, are disallowable) that are made under the Superannuation Industry (Supervision) Act 1993 and that, in relation to: (a) a specified person (other than a person specified by membership of a class) or to persons associated with that specified person; or (b) a specified financial product (other than a product specified by membership of a class); have the effect of: (c) exempting the person or product from the rules under the Act; or (d) modifying the operation of the rules under the Act in their application to the person or product |
|
16 |
Private rulings given under the Taxation Administration Act 1953 |
|
17 |
Public rulings made under the Taxation Administration Act 1953 |
|
18 |
Fair work instruments (within the meaning of the Fair Work Act 2009 ) |
|
18A |
Transitional instruments (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 ) |
|
19 |
Decisions and orders of Fair Work Australia |
|
19A |
Orders made by the Australian Industrial Relations Commission in proceedings under the Workplace Relations Act 1996 or the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 |
|
19B |
Decisions of the Australian Fair Pay Commission |
|
20 |
Instruments that relate to terms and conditions of employment of persons, or to the terms and conditions of service of persons as members or special members of the Australian Federal Police, other than: (a) regulations; or (b) instruments that are declared to be disallowable instruments under the enabling legislation; or (c) instruments that are made under section 23 or subsection 24(3) of the Public Service Act 1999 ; or (d) instruments that are made under section 23 or subsection 24(3) of the Parliamentary Service Act 1999 ; or (e) instruments that are required to be laid before the Parliament under subsection 7(7) of the Remuneration Tribunal Act 1973 |
|
21 |
Instruments that comprise, in their entirety, directions to delegates |
|
22 |
Laws of a State or self‑governing Territory that apply in a non‑self‑governing Territory and instruments made under those laws |
|
23 |
Ordinances of the former Colony of Singapore that apply in a non‑self‑governing Territory and instruments made under those Ordinances |
|
24 |
Instruments that are prescribed by the regulations for the purposes of this table |
(2) The inclusion of a kind of instrument in the table in subsection (1) does not imply that an instrument of that kind would be a legislative instrument if it were not included in the table.
(3) If:
(a) the making of an instrument is authorised before the commencing day; and
(b) the instrument is of a kind included in the table in subsection (1) or is not otherwise a legislative instrument; and
(c) the instrument is required:
(i) to have its text, or particulars of its making, published in the Gazette ; or
(ii) to be laid before either or both of the Houses of the Parliament without provision for its disallowance;
that requirement is unaffected by this Act whether the instrument is made before, on or after the commencing day.
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]