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LEGISLATIVE INSTRUMENTS ACT 2003 No. 139, 2003 - SECT 44 Legislative instruments that are not subject to disallowance

LEGISLATIVE INSTRUMENTS ACT 2003 No. 139, 2003 - SECT 44

Legislative instruments that are not subject to disallowance
(1)
Section 42 does not apply in relation to a legislative instrument, or a provision of a legislative instrument, made on or after the commencing day, if the enabling legislation for the instrument (not being the Corporations Act 2001 ):

(a) facilitates the establishment or operation of an intergovernmental body or scheme involving the Commonwealth and one or more States; and

(b) authorises the instrument to be made by the body or for the purposes of the body or scheme;

unless the instrument is a regulation, or the enabling legislation or some other Act has the effect that the instrument is disallowable.

(2)
Section 42 does not apply in relation to a legislative instrument, or a provision of a legislative instrument, that is included in the table below unless the instrument or provision is subject to disallowance under its enabling legislation or by means of some other Act:



Legislative instruments that are not subject to disallowance



Item



Particulars of instrument



1



Declarations under paragraph 5A(2)(d) or (e) of the Australian Citizenship Act 1948



2



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



3



Statutes made under the Australian National University Act 1991 or rules or orders made under those statutes



4



Instruments made under section 32 of the Australian Postal Corporation Act 1989



5



Rules made under section 60 of the Australian Research Council Act 2001



6



Standards issued under section 122 of the Broadcasting Services Act 1992



7



Amendments under section 128 of the Broadcasting Services Act 1992 to standards under Part 9 of that Act



8



Fee waiver principles made under subsection 91(1A) of the Classification (Publications, Films and Computer Games) Act 1995



9



Notifications under section 28 or 43 of the Commonwealth Authorities and Companies Act 1997



10



Determinations made under paragraph 153J(1)(c), 153L(1)(c), 153P(2)(c) or 153Q(1)(c) of the Customs Act 1901



11



Revocations made under subsection 153K(3) or 153LA(3) of the Customs Act 1901



12



Instruments made under subsection 161J(2) or (3) of the Customs Act 1901



13



Tariff Concession Orders made under section 269P or 269Q of the Customs Act 1901



14



Instruments made under section 269SC or 269SD of the Customs Act 1901



15



By-laws made under section 271 of the Customs Act 1901 for the purposes of Schedule 4 to the Customs Tariff Act 1995



16



Revocations of Commercial Tariff Concession Orders to which section 20 of the Customs Legislation (Tariff Concessions and Anti-Dumping) Amendment Act 1992 applies



17



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



18



By-laws made under section 165 of the Excise Act 1901 for the purposes of the Excise Tariff within the meaning of section 4 of the Excise Act 1901



19



Determinations made under subsection 20(3), agreements made under section 31, directions given under section 32, or instructions given under section 52, of the Financial Management and Accountability Act 1997



20



Determinations made under Order 6.2.1 of the Financial Management and Accountability Orders 1997 made under section 63 of the Financial Management and Accountability Act 1997



21



Guidelines issued under regulations made pursuant to section 64 of the Financial Management and Accountability Act 1997



22



Proclamations made under section 5, warrants made under section 6 or rules made under section 7, of the Flags Act 1953



23



Proclamations made under subsection 31(1) or (3) of the Great Barrier Reef Marine Park Act 1975



24



Guidelines issued under section 13 of the Higher Education Funding Act 1988



25



Statutes made under the Maritime College Act 1978 or rules made under those statutes



26



Legislative instruments (other than regulations) under Part 1, 2 or 9 of the Migration Act 1958 , or legislative instruments under Part 1, 2 or 5, or Schedule 1, 2, 4, 5A, 6, 6A or 8, of the regulations made under that Act



27



Declarations made by Ministers under section 32 of the Mutual Recognition Act 1992



28



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



29



Directions issued under section 20 of the Parliamentary Service Act 1999



30



Instruments made under section 23 or subsection 24(3) of the Parliamentary Service Act 1999



31



Access regimes made under section 12, variations of such access regimes under section 14, revocation of access regimes made under section 15, determinations and variations of standards under section 18, or instruments made under section 25, of the Payment Systems (Regulation) Act 1998



32



Directions issued under section 21 of the Public Service Act 1999



33



Instruments made under section 23 or subsection 24(3) of the Public Service Act 1999



34



Instruments made under section 2A, 2B, or 12, subsection 13(1), section 20B, subsection 26(2) or section 26A of the Quarantine Act 190 8



35



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



36



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



37



Declarations made by Ministers under section 31 of the Trans-Tasman Mutual Recognition Act 1997



38



Instruments made under Annual Appropriation Acts



39



Instruments (other than regulations) relating to superannuation



40



Legislative instruments that, in accordance with the provisions of the enabling legislation, do not commence unless they are approved by either or both of the Houses of the Parliament



41



Ministerial directions to any person or body



42



Proclamations that provide solely for the commencement of Acts or of provisions of Acts



43



Certificates issued by the Attorney-General under section 10 or 11, or under subsection 51(1), of this Act



44



Instruments that are prescribed by the regulations for the purposes of this table