STATUTORY INSTRUMENTS ACT 1992 - SECT 9
Meaning of subordinate legislation
STATUTORY INSTRUMENTS ACT 1992 - SECT 9
Meaning of subordinate legislation
(1) Subject to subsection (2) , the following instruments are
"subordinate legislation" — (a) a statutory rule that is a regulation, rule,
by-law, ordinance or statute;
(b) a statutory rule that is an
order in council or proclamation of a legislative character;
(c) any
statutory instrument (including an order in council or proclamation) that is
declared to be subordinate legislation by an Act or a regulation made under
this Act;
(d) any other statutory instrument that fixes or otherwise
determines the commencement of— (i) an Act or a provision of an Act; or
(ii) an instrument, or a provision of an instrument, mentioned in paragraph
(a) , (b) or (c) .
(2) The following instruments are not
subordinate legislation— (a) a local law or other statutory instrument made
by a local government;
(b) a rule, order, direction or practice of the
Legislative Assembly;
(c) a statutory rule (other than a regulation) that is
mentioned in schedule 1A or declared not to be subordinate legislation by—
(i) an Act; or
(ii) in the case of a statutory rule made under a provision
commencing before the commencement of this Act—a regulation made under this
Act.
