(1)

If enabling legislation confers on a rule-maker the power to make a legislative instrument, then, unless the contrary intention appears:

(a) the Acts Interpretation Act 1901 applies to any legislative instrument so made as if it were an Act and as if each provision of the legislative instrument were a section of an Act; and

(b) expressions used in any legislative instrument so made have the same meaning as in the enabling legislation; and

(c) any legislative instrument so made is to be read and construed subject to the enabling legislation, and so as not to exceed the power of the rule-maker.

(2)

If any legislative instrument would, but for subsection (1), be construed as being in excess of the rule-maker's power, it is to be taken to be a valid instrument to the extent to which it is not in excess of that power.

(3)

If enabling legislation confers on a rule-maker the power to make a legislative instrument:

(a) specifying, declaring or prescribing a matter or thing; or

(b) doing anything in relation to a matter or thing;

then, in exercising the power, the rule-maker may identify the matter or thing by referring to a class or classes of matters or things.

Note: This section has a parallel, in relation to instruments that are not legislative instruments, in section 46 of the Acts Interpretation Act 1901 .