Legislation (Exemptions and Other Matters) Regulation 2015 (Cth)
made under the
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This is the
Legislation (Exemptions and Other Matters) Regulation 2015 .
This instrument is made under the
Legislation Act 2003 .
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) amend;
(b) enabling legislation;
(c) instrument;
(d) legislative instrument;
(e) notifiable instrument;
(f) repeal.
In this instrument:
Act means theLegislation Act 2003 .
(1) For paragraph 8(6)(b) of the Act and subject to subsection (2), an instrument in a class of instruments referred to in an item of the following table is not a legislative instrument.
1 | An instrument of delegation, including any directions to the delegate |
2 | An instrument that is a direction to a delegate |
3 | An instrument that is a direction given by a Minister to:
other than any such direction:
|
4 | Each of the following:
|
5 | An instrument the effect of which is to approve a manner or method of doing an act |
6 | An instrument prescribing or approving a form |
7 | An instrument acknowledging the receipt of a thing |
8 | Each of the following:
|
9 | An instrument of resignation |
10 | An instrument:
(b) granting leave of absence; other than an instrument that is required to be laid before the Parliament under subsection 7(7) of the |
11 | An instrument constituting recommendations or advice |
12 | A report or review, including an annual or periodic report or review |
13 | An evidentiary certificate |
14 | Each of the following:
|
15 | Each of the following: (a) a warrant; (b) an application for a warrant;
|
16 | Each of the following: (a) an instrument authorising:
|
17 | An instrument requesting or requiring a person to attend premises, give evidence, answer questions, produce documents, give information or provide assistance |
18 | Each of the following: (a) a notice of a decision or proposed decision;
(c) a notice of rights of review |
19 | An instrument the making or issue of which is:
other than an instrument that includes a provision of a kind referred to in paragraph 8(4)(b) of the |
20 | Each of the following:
|
21 | A consent to, acceptance of, rejection of, or withdrawal of an undertaking |
22 | Each of the following: (a) a nomination, request or invitation;
|
23 | Each of the following:
|
24 | A practice direction made by a court or tribunal |
25 | An assessment of tax |
26 | A garnishee notice |
27 | Each of the following:
|
28 | An infringement notice |
29 | Each of the following:
|
30 | An instrument that renews, transfers, suspends, cancels or terminates a right created or an obligation imposed by an instrument that is not a legislative instrument |
31 | An instrument that amends or repeals an instrument that is not a legislative instrument |
32 | A corporate plan (however described) |
33 | A law of a self‑governing Territory |
34 | Each of the following:
(b) an instrument made under such a law |
35 | An Ordinance of the former Colony of Singapore that applies in a non‑self‑governing Territory and an instrument made under such an Ordinance |
36 | An instrument that is a notifiable instrument referred to in the table in section 8 |
(2) An instrument is not included in a class of instruments referred to in an item of the table in subsection (1) if:
(a) the instrument is of a kind that is declared to be a legislative instrument by section 10 of the Act; or
(b) the instrument has effect other than as provided in the item or any other item of the table (disregarding any application, saving or transitional provisions in the instrument).
For paragraph 8(6)(b) of the Act, each instrument referred to in an item of the following table is not a legislative instrument.
1 | Each of the following:
|
2 | An order made by the Commissioner under section 38 of the |
3 | A determination made under section 32 of the |
4 | A guideline given under section 8A of the |
5 | Each of the following:
|
6 | A notice given under subsection 10(2) of the |
6A | Each of the following:
|
6B | Each of the following:
|
7 | Each of the following:
|
8 | A record‑keeping rule made under subsection 151BU(1) of the |
9 | An instrument (other than a regulation or other instrument that was disallowable before 1 January 2005) made under the
has the effect of:
|
10 | Each of the following:
(c) an instrument made under Part XVB of that Act |
11 | An instrument made under section 8, 9, 10 or 11 of the |
12 | Each of the following:
|
14 | A certificate issued under regulation 5A of the |
15 | A fair work instrument (within the meaning of the |
16 | A transitional instrument or Division 2B State instrument (within the meaning of the |
17 | An instrument made under subsection 42(1) of the |
18 | A declaration of a state of emergency made under the |
19 | An order made under subsection 85(1) of the |
20 | A legal services direction issued under paragraph 55ZF(1)(b) of the |
21 | Each of the following:
|
22 | A designation made under section 11 of the |
23 | An order made under paragraph 4.1(c) or (f) and subsection 6.2 of the |
24 | An instrument made under section 72 of the |
25 | A determination made under subsection 1084(1) or 1118A(2) of the |
26 | A determination made under paragraph 154A(4)(c) of the |
27 | A determination made under paragraph 3.1(d) of the Trust Deed that is made under section 4 of the |
28 | A determination made under paragraph 3.1(e) of the Superannuation (PSSAP) Trust Deed made under section 10 of the |
29 | An instrument (other than a regulation or other instrument that was disallowable before 1 January 2005) made under the
has the effect of:
|
30 | A private ruling given or a public ruling made under the |
31 | Each of the following:
|
For paragraph 11(2)(b) of the Act, an instrument in a class of instruments referred to in an item of the following table is a notifiable instrument.
1 | An instrument that announces the day an international agreement enters into force for Australia |
For paragraph 44(2)(b) of the Act, section 42 of the Act (disallowance of legislative instruments) does not apply to a legislative instrument in a class of legislative instruments referred to in an item of the following table.
Note: The inclusion of a kind of instrument in the table does not imply that every instrument of that kind is a legislative instrument (see subsection 44(3) of the Act).
1 | An instrument that, in accordance with the provisions of the enabling legislation, does not commence unless it is approved by either or both of the Houses of the Parliament | |
2 | An instrument that is a direction by a Minister to any person or body | |
3 | An instrument (other than a regulation) relating to superannuation | |
4 | An instrument made under an annual Appropriation Act | |
For paragraph 44(2)(b) of the Act, section 42 of the Act (disallowance of legislative instruments) does not apply to a legislative instrument referred to in an item of the following table.
Note: The inclusion of a kind of instrument in the table does not imply that every instrument of that kind is a legislative instrument (see subsection 44(3) of the Act).
1 | A substituted reference order made under section 19B of the |
2 | Each of the following:
|
3 | Each of the following:
|
4 | A determination made under subsection 5(2) of the |
5 | A determination specifying drugs, made under section 4A of the |
6 | Each of the following:
(b) a rule or order made under such a statute |
8 | Each of the following:
|
9 | A notice given under section 12A of the |
10 | Each of the following:
|
11 | A Proclamation made under section 3A or 3B of the |
12 | Each of the following:
|
13 | A revocation of a commercial tariff concession order to which section 20 of the |
14 | A notice made under subsection 16A(1) of the |
15 | An instrument made under section 303CA, 344 or 350 of the |
16 | A by‑law made under section 165 of the |
17 | Each of the following:
(b) a warrant made under section 6 of that Act; (c) a rule made under section 7 of that Act |
18 | A Proclamation made under section 31 of the |
20 | Each of the following:
|
21 | A determination made under subsection 6(1) of the |
22 | A declaration made under section 32 of the |
23 | A regulation made under section 7 of the |
23A | Each of the following:
|
24 | An instrument made under subsection 203AH(1) of the |
25 | Each of the following:
|
26 | Each of the following:
|
27 | Each of the following:
|
29 | An instrument made under subsection 60(1) or 106(1) of the |
30 | An instrument made under subsection 463(1) of the |
31 | A declaration made under section 6 of the |
32 | A declaration made under section 31 of the |
33 | A determination made for the purposes of the definition of |
For paragraph 54(2)(b) of the Act, Part 4 of Chapter 3 of the Act (sunsetting of legislative instruments) does not apply to a legislative instrument in a class of legislative instruments referred to in an item of the following table.
Note: The inclusion of a kind of instrument in the table does not imply that every instrument of that kind is a legislative instrument (see subsection 54(3) of the Act).
1 | An instrument the sole purpose of which, or a primary purpose of which, is to give effect to an international obligation of Australia | |
2 | An instrument that establishes a body having power to enter into contracts for the purposes of the body’s functions | |
3 | An instrument that is a direction by a Minister to any person or body | |
4 | An instrument the sole purpose of which, or a primary purpose of which, is to confer power on a self‑governing Territory | |
5 | An Ordinance made under a power delegated by the Parliament in an Act providing for the government of a non‑self‑governing Territory | |
6 | An instrument (other than a regulation) relating to superannuation | |
7 | An instrument made under an annual Appropriation Act | |
For paragraph 54(2)(b) of the Act, Part 4 of Chapter 3 of the Act (sunsetting of legislative instruments) does not apply to a legislative instrument referred to in the following table.
Note: The inclusion of a kind of instrument in the table does not imply that every instrument of that kind is a legislative instrument (see subsection 54(3) of the Act).
1 | A substituted reference order made under section 19B of the |
2 | An instrument made under section 8, 9 or 9A of the |
3 | A regulation made under the |
3A | Each of the following:
|
4 | Each of the following:
|
5 | Each of the following:
(b) a regulation made under that Act;
|
6 | A rule made under section 229 of the |
7 | A national capital plan made under the |
8 | A determination specifying drugs, made under section 4A of the |
8A | A regulation made under the |
9 | Each of the following:
(b) a rule or order made under such a statute |
9A | Each of the following:
(b) a regulation made under that Act |
9B | A regulation made under the |
10 | A statement approved under section 34AF of the |
10A | A regulation made under the |
10B | Each of the following:
(c) an instrument made under regulation 9 of those Regulations |
11 | A regulation made under the |
12 | Each of the following:
|
13 | An instrument made under section 26 of the |
13A | Each of the following:
(c) a regulation made under that Act |
14 | A determination made under subsection 70A(4) of the |
15 | An instrument relating to aviation safety made under the |
16 | Each of the following:
|
17 | A Proclamation made under section 3A or 3B of the |
18 | Each of the following:
(b) a rule made under section 798G of that Act;
(d) the |
18A | A regulation made under the |
18B | A regulation made under the |
18C | A regulation made solely for the purposes of paragraph (b) of the definition of |
19 | A regulation made under the |
20 | Each of the following:
(b) a regulation made under that Act |
21 | Each of the following:
|
21A | The |
22 | A determination made under subsection 6(4) of the |
22A | A regulation made under the |
22B | A regulation made under the |
23 | A disability standard made under section 31 of the |
24 | An instrument made under section 178, 181, 183, 207A, 248, 270B, 303CA, 303DB, 303EB, 303FG, 324G, 341G, 344 or 517 of the |
25 | Each of the following made under section 165 of the (a) Excise By‑law No. 75; (b) Excise By‑law No. 114; (c) Excise By‑law No. 127; (d) Excise By‑law No. 129; (e) Excise By‑law No. 151; (f) Excise By‑law No. 154 |
26 | A regulation made under the |
27 | Each of the following:
(e) a regulation made under that Act |
27A | A regulation made under the |
27B | A regulation made under the |
28 | A Proclamation made under any of the following provisions of the (a) subsection 39(7); (b) subsection 39(7A); (c) subsection 40(3); (d) subsection 41(2); (da) subsection 47A(5);
(f) subsection 69J(3); (g) subsection 69J(6); (h) subsection 69ZF(1) |
28A | The |
29 | A plan of management made under section 17 of the |
30 | Each of the following:
(b) a warrant made under section 6 of that Act; (c) a rule made under section 7 of that Act |
31 | A regulation made under the |
31A | An instrument made under the |
32 | Each of the following:
|
33 | Each of the following:
|
34 | Each of the following:
|
34A | A regulation made under item 84 of Schedule 4 to the |
35 | A regulation made under the |
36 | A regulation made under the |
37 | An instrument made under section 251A of the |
38 | A regulation made under the |
38A | The |
39 | A determination made under section 6 or 8 of the |
40 | An instrument made under section 7 or 9 of the |
41 | A regulation made under the |
41A | A regulation made under the |
42 | A declaration made under section 32 of the |
42AA | A regulation made under the |
42AB | A regulation made under the |
42AC | Each of the following:
(b) any other instrument made under that Act |
42A | Each of the following:
(b) a rule made under section 22XS of that Act; (c) a regulation made under that Act;
|
43 | Each of the following:
|
44 | A regulation made solely for the purposes of section 7 of the |
44A | Each of the following:
|
45 | Each of the following:
|
45AA | A regulation made under the |
45A | A regulation made under the |
46 | A regulation made under the |
47 | A regulation made under the |
48 | Each of the following:
|
48A | A regulation made under the |
49 | Each of the following:
(b) an approval given under section 9 of that Act |
50 | Each of the following:
(e) a regulation made under that Act |
50A | A regulation made under the |
51 | A regulation made under section 23 of the |
52 | Each of the following:
|
53 | A regulation made under the |
53A | Each of the following:
(b) the |
53B | A regulation made under the |
54 | Each of the following:
|
55 | Each of the following:
|
56 | An instrument required to be laid before the Parliament under subsection 7(7) of the |
56A | A regulation made under the |
56B | The |
56C | A standard made under section 12 of the |
57 | Each of the following:
|
57A | A Proclamation made under section 7, 8, 10B, 12 or 13B of the |
58 | A regulation made under the |
59 | A regulation made under the |
59A | The |
60 | A regulation made under the |
61 | Each of the following:
|
62 | A declaration made under subsection 6N(2) or section 34 of the |
63 | Each of the following:
(b) a regulation made under that Act |
63AA | Each of the following: (a) the
|
63AB | Each of the following:
|
63A | A regulation made under the |
64 | A declaration made under section 31 of the |
65 | Each of the following:
(d) a regulation made under that Act |
66 | A regulation made under the |
67 | Each of the following:
|
(g) a regulation made under that Act | |
68 | Each of the following:
|
69 | A regulation made under the |
Part 6 — Application, saving and transitional provisions
Division 1 — Transitional provisions relating to the Legislation (Exemptions and Other Matters) Amendment (2024 Measures No. 1) Regulations 2024
13 Transitional provisions—funding rules and variations (1) The repeal of item 7 of the table in section 10 of this instrument by the
Legislation (Exemptions and Other Matters) Amendment (2024 Measures No. 1) Regulations 2024 does not apply in relation to a legislative instrument (including a legislative instrument varying a set of rules) if the legislative instrument is made:
(a) before 1 July 2024 under old Division 1; or
(b) between 1 July 2024 and 30 June 2025 under transitional Division 1.
(2)
Old Division 1 is Division 1 of Part 7 of theAustralian Research Council Act 2001 , as in force before 1 July 2024.(3)
Transitional Division 1 is Division 1 of Part 7 of theAustralian Research Council Act 2001 , as:
(a) in force immediately before 1 July 2024; and
(b) continuing to apply on and after 1 July 2024 under items 15 and 16 of Schedule 3 to the
Australian Research Council Amendment (Review Response) Act 2024 .
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Legislation (Exemptions and Other Matters) Regulation 2015 (SLI No. 158, 2015) | 22 Sept 2015 (F2015L01475) | 5 Mar 2016 (s 2(1) item 1) | |
Biosecurity (Consequential Amendments and Transitional Provisions) Regulation 2016 | 9 May 2016 (F2016L00717) | Sch 2 (item 18) and Sch 3: 16 June 2016 (s 2(1) item 1) | Sch 3 |
Legislation (Exemptions and Other Matters) Amendment (Sunsetting and Disallowance Exemptions) Regulation 2016 | 9 Dec 2016 (F2016L01897) | 10 Dec 2016 (s 2(1) item 1) | — |
Legislation (Exemptions and Other Matters) Amendment (Sunsetting Exemptions) Regulations 2017 | 28 Aug 2017 (F2017L01093) | 29 Aug 2017 (s 2(1) item 1) | — |
Legislation (Exemptions and Other Matters) Amendment (Emergency Management Instruments) Regulations 2017 | 20 Dec 2017 (F2017L01688) | 21 Dec 2017 (s 2(1) item 1) | — |
Legislation (Exemptions and Other Matters) Amendment (2018 Measures No. 1) Regulations 2018 | 12 June 2018 (F2018L00750) | 13 June 2018 (s 2(1) item 1) | — |
Legislation (Exemptions and Other Matters) Amendment (2018 Measures No. 2) Regulations 2018 | 10 Aug 2018 (F2018L01101) | 11 Aug 2018 (s 2(1) item 1) | — |
Legislation (Exemptions and Other Matters) Amendment (2019 Measures No. 1) Regulations 2019 | 8 Apr 2019 (F2019L00550) | 9 Apr 2019 (s 2(1) item 1) | — |
Legislation (Exemptions and Other Matters) Amendment (2019 Measures No. 2) Regulations 2019 | 12 Sept 2019 (F2019L01184) | 13 Sept 2019 (s 2(1) item 1) | — |
Legislation (Exemptions and Other Matters) Amendment (2021 Measures No. 1) Regulations 2021 | 28 June 2021 (F2021L00859) | 29 June 2021 (s 2(1) item 1) | — |
Federal Circuit and Family Court of Australia Legislation (Consequential Amendments and Other Measures) Regulations 2021 | 30 Aug 2021 (F2021L01204) | Sch 2 (items 88–90): 1 Sept 2021 (s 2(1) item 1) | — |
Legislation (Exemptions and Other Matters) Amendment (Autonomous Sanctions) Regulations 2022 | 18 Mar 2022 (F2022L00341) | 18 Mar 2022 (s 2(1) item 1) | — |
Terrorism Insurance Amendment (Cyclone and Related Flood Damage Reinsurance Pool) Regulations 2022 | 4 Apr 2022 (F2022L00510) | Sch 1 (items 2, 3): 5 Apr 2022 (s 2(1) item 1) | — |
Legislation (Exemptions and Other Matters) Amendment (2023 Measures No. 1) Regulations 2023 | 22 June 2023 (F2023L00825) | 23 June 2023 (s 2(1) item 1) | — |
Legislation (Exemptions and Other Matters) Amendment (2024 Measures No. 1) Regulations 2024 | 5 Mar 2024 (F2024L00272) | Sch 1 (items 1, 2): 1 July 2024 (s 2(1) item 2) Remainder: 6 Mar 2024 (s 2(1) items 1, 3) | — |
Legislation (Exemptions and Other Matters) Amendment (2024 Measures No. 2) Regulations 2024 | 26 Nov 2024 (F2024L01493) | 27 Nov 2024 (s 2(1) item 1) | — |
Telecommunications Legislation Amendment (Competition and Consumer) Act 2020 | 47, 2020 | 25 May 2020 | Sch 2 (item 15): 25 Aug 2020 (s 2(1) item 3) | — |
Telstra Corporation and Other Legislation Amendment Act 2021 | 140, 2021 | 13 Dec 2021 | Sch 5: 14 Dec 2021 (s 2(1) item 4) | — |
Counter‑Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Act 2023 | 113, 2023 | 11 Dec 2023 | Sch 4 (item 5): 5 Feb 2024 (s 2(1) item 5) | — |
National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act 2024 | 81, 2024 | 5 Sept 2024 | Sch 1 (item 123): 3 Oct 2024 (s 2(1) item 1) | — |
s 2............................................. | rep LA s 48D |
s 4............................................. | rep LA s 48C |
s 7............................................. | am F2016L01897; F2017L01688 |
s 10............................................ | am F2016L00717; F2016L01897; F2019L00550; F2021L00859; F2022L00510; F2024L00272 |
s 12............................................ | am F2016L01897; F2017L01093 |
ed C3 | |
am F2018L00750; F2018L01101; F2019L00550; F2019L01184; Act No 47, 2020; F2021L00859; F2021L01204; Act No 140, 2021; F2022L00341; F2022L00510; F2023L00825; Act No 113, 2023; F2024L00272; Act No 81, 2024; F2024L01493 | |
Part 6......................................... | ad F2024L00272 |
s 13............................................ | ad F2024L00272 |
Schedule 1.................................. | rep LA s 48C |
0
0
0