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LEGISLATION (EXEMPTIONS AND OTHER MATTERS) REGULATION 2015 - REG 10 Particular legislative instruments that are not subject to disallowance

LEGISLATION (EXEMPTIONS AND OTHER MATTERS) REGULATION 2015 - REG 10

Particular legislative instruments that are not subject to disallowance

    For paragraph   44(2)(b) of the Act, section   42 of the Act (disallowance of legislative instruments) does not apply to a legislative instrument referred to in an item of the following table.

Note:   The inclusion of a kind of instrument in the table does not imply that every instrument of that kind is a legislative instrument (see subsection   44(3) of the Act).

 

Particular legislative instruments that are not subject to disallowance

Item

Legislative instrument

1

A substituted reference order made under section   19B of the Acts Interpretation Act 1901

2

Each of the following:

(a) a notice given under subsection   17(1) of the Air Services Act 1995 ;

(b) an instruction given under subsection   7(3) or (4) of the Air Services Regulations   2019

3

Each of the following:

(a) a determination made under regulation   5 of the Airspace Regulations   2007 ;

(b) a designation made under regulation   8 of those Regulations;

(c) a designation or determination made under regulation   11 of those Regulations;

(d) a direction given under regulation   12 of those Regulations

4

A determination made under subsection   5(2) of the Australian Citizenship Act 2007

5

A determination specifying drugs, made under section   4A of the Australian Federal Police Act 1979

6

Each of the following:

(a) a statute made under the Australian National University Act 1991 ;

(b) a rule or order made under such a statute

7

Each of the following:

(a) a rule made under section   60 of the Australian Research Council Act 2001 ;

(b) a variation of a set of rules made under section   61 of that Act

8

Each of the following:

(a) a standard made under section   122 of the Broadcasting Services Act 1992 ;

(b) an amendment made under section   128 of that Act to a standard under Part   9 of that Act

9

A notice given under section   12A of the Civil Aviation Act 1988

10

Each of the following:

(a) an instrument made under paragraph   305A(1A)(a) of the Commonwealth Electoral Act 1918 ;

(b) an instrument made under subsection   246(1) of that Act for the purposes of the meaning of station

11

A Proclamation made under section   3A or 3B of the Control of Naval Waters Act 1918

12

Each of the following:

(a) a determination made under section   126DA of the Customs Act 1901 ;

(b) a determination made under paragraph   153L(1)(c), 153P(2)(c) or 153Q(1)(c) or subsection   153ZIH(2) of that Act;

(c) a tariff concession order made under Part   XVA of that Act;

(d) an instrument made under section   269SC or 269SD of that Act;

(e) a by - law made under section   271 of that Act for the purposes of Schedule   4 to the Customs Tariff Act 1995

13

A revocation of a commercial tariff concession order to which section   20 of the Customs Legislation (Tariff Concessions and Anti - Dumping) Amendment Act 1992 applies

14

A notice made under subsection   16A(1) of the Customs Tariff Act 1995

15

An instrument made under section   303CA, 344 or 350 of the Environment Protection and Biodiversity Conservation Act 1999

16

A by - law made under section   165 of the Excise Act 1901 for the purposes of the Excise Tariff within the meaning of section   4 of that Act

17

Each of the following:

(a) a Proclamation made under section   5 of the Flags Act 1953 ;

(b) a warrant made under section   6 of that Act;

(c) a rule made under section   7 of that Act

18

A Proclamation made under section   31 of the Great Barrier Reef Marine Park Act 1975

20

Each of the following:

(a) an instrument (other than a regulation) made under Part   1, 2 or 9 of the Migration Act 1958 ;

(b) an instrument made under Part   1, 2 or 5 of, or Schedule   1, 2, 4, 5A or 8 to, the Migration Regulations   1994

21

A determination made under subsection   6(1) of the Military Rehabilitation and Compensation Act 2004

22

A declaration made under section   32 of the Mutual Recognition Act 1992

23

A regulation made under section   7 of the National Transport Commission Act 2003

23A

Each of the following:

(a) a determination made under subsection   7(2), 54(1) or 232(1) of the National Vocational Education and Training Regulator Act 2011 ;

(b) an instrument made under paragraph   157(1)(p) of that Act;

(c) a direction made under subsection   160(1) or 181(1) of that Act;

(d) an instrument made under subsection   185(1), 186(1), 187(1), 188(1) or 189(1) of that Act

24

An instrument made under subsection   203AH(1) of the Native Title Act 1993

25

Each of the following:

(a) a direction given under section   20 of the Parliamentary Service Act 1999 ;

(b) an instrument made under section   23 or subsection   24(3) of that Act

26

Each of the following:

(a) an instrument made under Subdivision A of Division   3 of Part   3 of the Payment Systems (Regulation) Act 1998 ;

(b) an instrument made under section   18 of that Act;

(c) an instrument made under section   25 of that Act

27

Each of the following:

(a) a direction issued under section   21 of the Public Service Act 1999 ;

(b) an instrument made under section   23 or subsection   24(3) of that Act

29

An instrument made under subsection   60(1) or 106(1) of the Radiocommunications Act 1992

30

An instrument made under subsection   463(1) of the Telecommunications Act 1997

31

A declaration made under section   6 of the Terrorism and Cyclone Insurance Act 2003

32

A declaration made under section   31 of the Trans - Tasman Mutual Recognition Act 1997

33

A determination made for the purposes of the definition of non - warlike service or warlike service in subsection   5C(1) of the Veterans' Entitlements Act 1986