Commonwealth Numbered Acts

COMMUNICATIONS LEGISLATION AMENDMENT ACT (NO. 1) 2003 NO. 114, 2003 - SCHEDULE 1

1 After section 54
Insert:

54A Determinations may define expressions by reference to other instruments

(1)

Without limiting the powers of the ACA to make determinations under subsection 54(1), a determination under that subsection may define an expression used in a specified instrument by applying, adopting or incorporating (with or without modifications) matter contained in any other instrument or writing whatever:

(a)

as in force or existing at a particular time; or

(b)

as in force or existing from time to time;

even if the other instrument or writing does not yet exist when the determination is made.

(2)

A reference in subsection (1) to any other instrument or writing includes a reference to an instrument or writing:

(a)

made by any person or body in Australia or elsewhere (including, for example, the Commonwealth, a State or Territory, an officer or authority of the Commonwealth or of a State or Territory or an overseas entity); and

(b)

whether of a legislative, administrative or other official nature or of any other nature; and

(c)

whether or not having any legal force or effect;

for example:

(d)

regulations or rules under an Act; or

(e)

a State Act, a law of a Territory, or regulations or any other instrument made under such an Act or law; or

(f)

an international technical standard or performance indicator; or

(g)

a written agreement or arrangement or an instrument or writing made unilaterally.

(3)

Nothing in this section limits the generality of anything else in it.

(4)

Subsection (1) has effect despite anything in the Acts Interpretation Act 1901 .