Power to make instrument includes power to amend or repeal
46 Power to make instrument includes power to amend or repeal
Power given under an Act or statutory instrument (the authorising law) to make a statutory instrument includes power to amend or repeal the instrument.
The power to amend or repeal the instrument is exercisable in the same way, and subject to the same conditions, as the power to make the instrument.
Examples
1 If the instrument is a disallowable instrument, an amendment or repeal of the instrument is also a disallowable instrument.
2 If the instrument is a notifiable instrument, an amendment or repeal of the instrument is also a notifiable instrument.
3 If notice of the making of the instrument must be published in a newspaper, notice of an amendment or repeal of the instrument must also be published in the newspaper.
Despite subsection (1), a form that is a legislative instrument may be repealed or repealed and remade (with or without changes), but may not be amended.
This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement.
This Act’s bill:Explanatory statementSecond reading speech
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