Legislation Act 2003

Section 42 does not apply in relation to a legislative instrument, or a provision of a legislative instrument if the enabling legislation for the instrument (not being the Corporations Act 2001):

facilitates the establishment or operation of an intergovernmental body or scheme involving the Commonwealth and one or more States or Territories; and

authorises the instrument to be made by the body or for the purposes of the body or scheme;

Section 42 does not apply in relation to a legislative instrument, or a provision of a legislative instrument, if:

an Act declares, or has the effect, that section 42 does not apply in relation to the instrument or provision; or

the legislative instrument is prescribed by regulation for the purposes of this paragraph.

Prescribing a kind of instrument by regulation for the purposes of paragraph (2)(b) does not imply that every instrument of that kind is a legislative instrument.