Version No. 016
Subordinate Legislation (Legislative Instruments) Regulations 2011
S.R. No. 52/2011
Version incorporating amendments as at
29 March 2021
TABLE OF PROVISIONS
Regulation Page
1Objectives
2Authorising provisions
3Commencement
4Definitions
5Instruments prescribed not to be legislative instruments
6Instruments prescribed to be legislative instruments
7Exempt legislative instruments
8Emergency Management Act 2013—exempt instruments
9Emergency Management Act 1986—exempt instruments
Schedules
Schedule 1—Instruments prescribed not to be legislative instruments
Schedule 2—Instruments prescribed to be legislative instruments
Schedule 3—Exempt legislative instruments
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 016
Subordinate Legislation (Legislative Instruments) Regulations 2011
S.R. No. 52/2011
Version incorporating amendments as at
29 March 2021
1Objectives
The objectives of these Regulations are—
(a)to prescribe instruments to be legislative instruments for the purposes of the Subordinate Legislation Act 1994;
(b)to prescribe instruments which are not to be legislative instruments for the purposes of that Act;
(c)to exempt certain legislative instruments from the operation of certain provisions of that Act.
2Authorising provisions
These Regulations are made under sections 4A and 28 of the Subordinate Legislation Act 1994.
3Commencement
(1)These Regulations, except items 22.8, 22.9 and 41.1 of Schedule 1, come into operation on 1 July 2011.
(2)Items 22.8 and 22.9 of Schedule 1 come into operation on the day on which section 51 of the Gambling Regulation Further Amendment Act 2009 comes into operation.
(3)Item 41.1 of Schedule 1 comes into operation on the day on which section 37 of the Pollution of Waters by Oil and Noxious Substances Act 1986 comes into operation.
4Definitions
In these Regulations—
exempt legislative instrument means a legislative instrument specified in Schedule 3;
the Act means the Subordinate Legislation Act 1994.
5Instruments prescribed not to be legislative instruments
For the purposes of paragraph (h) of the definition of legislative instrument in section 3(1) of the Act, an instrument specified in an item in Schedule 1 is a prescribed instrument.
Note
Paragraph (g) of the definition of legislative instrument in section 3(1) of the Act provides that an instrument of purely administrative character is not a legislative instrument. Section 3(2) of the Act provides a non-exhaustive list of instruments which are of purely administrative character for the purposes of the Act.
6Instruments prescribed to be legislative instruments
(1)For the purposes of section 4A(1)(b) of the Act, an instrument specified in an item in Schedule 2 is prescribed to be a legislative instrument for the purposes of the Act.
(2)If the authorising Act of an instrument specified in an item in Schedule 2 provides that the instrument is a statutory rule for the purposes of Part 5 of the Act or a specified section of that Part of the Act, that instrument is exempt from complying with Part 5A of the Act.
7Exempt legislative instruments
For the purposes of section 4A(1)(c) of the Act, a legislative instrument specified in an item in Schedule 3 is exempt from the operation of…