Commonwealth Consolidated Acts

PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 - SECT 34

             (1)  The Authority may, by legislative instrument, make orders with respect to any matter for or in relation to which provision may be made by the regulations, other than matters referred to in paragraph 33(1)(f).

Note:          Part 6 of the Legislative Instruments Act 2003 , which deals with sunsetting of legislative instruments, does not apply to an order under this subsection (see item 35 of the table in subsection 54(2) of that Act).

             (4)  Unless the contrary intention appears, expressions used in orders made pursuant to the regulations have the same meanings as in this Act.

             (5)  Orders made pursuant to the regulations shall be read subject to this Act and the regulations and so as not to exceed the power conferred by this Act and the regulations to the intent that, where such orders would, but for this subsection, have been construed as being in excess of the power conferred by this Act and the regulations, they shall be deemed to be valid orders to the extent to which they are not in excess of that power.

             (6)  Where a provision of an order made pursuant to the regulations is inconsistent with a provision of this Act or the regulations, the latter shall prevail and the former shall, to the extent of the inconsistency, be of no force or effect.

             (8)  Despite section 14 of the Legislative Instruments Act 2003 , the regulations may make provision for or in relation to a matter by applying, adopting or incorporating any matter contained in orders made pursuant to the regulations as existing from time to time.