AustLII Tasmanian Consolidated Acts

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POLLUTION OF WATERS BY OIL AND NOXIOUS SUBSTANCES ACT 1987 - SECT 33

33. Orders

      (1) Orders made in pursuance of the regulations are subject to disallowance by Parliament.

      (2) The provisions of section 47 (3), (3A), (4), (5), (6), and (7) of the Acts Interpretation Act 1931 apply in relation to orders made in pursuance of the regulations as if references in those provisions to regulations were references to those orders.

      (3) Unless the contrary intention appears, expressions used in orders made in pursuance of regulations have the same meanings as in this Part.

      (4) Orders made in pursuance of the regulations shall be read subject to this Part and the regulations and so as not to exceed the power conferred by this Part and the regulations to the intent that, where such orders would, but for this subsection, have been construed as being in excess of the power conferred by this Part and the regulations, they shall be deemed to be valid orders to the extent to which they are not in excess of that power.

      (5) Where an order made in pursuance of the regulations is inconsistent with a provision of this Part or the regulations, the latter shall prevail and the former shall, to the extent of the inconsistency, be of no force or effect.

      (6) In this section, "regulations" means regulations made under this Part.



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