Power to make instrument includes power to make different provision for different categories etc

In force

(1)

Power given under an Act or statutory instrument to make a statutory instrument includes power—

(a)

to make different provision in relation to different matters or different classes of matters; or

(b)

to make an instrument that applies differently by reference to stated exceptions or factors.

(2)

Without limiting subsection (1), power given under an Act or statutory instrument to make a statutory instrument about particular matters includes power to make a statutory instrument about any 1 or more of the matters or a particular class of the matters.

(3)

For this section, a class may consist of a single matter.

(4)

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 statement Second reading speech

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48 Power to make instrument includes power to make different provision for different categories etc