Minister may make determinations
5 Minister may make determinations
The Minister may, by notice published in the Government Gazette—
determine that a business is a business or a kind of business to which section 4(1)(b) applies; or
determine that a business is a business or a kind of business to which section 4(2)(e) applies; or
S. 5(1)(c) amended by No. 82/2005 s. 6(1).
determine that a kind of premises are premises to which section 4(2)(f) applies; or
S. 5(1)(d) inserted by No. 82/2005 s. 6(2).
determine that a kind of tenant is a tenant to which section 4(2)(g) applies; or
S. 5(1)(e) inserted by No. 82/2005 s. 6(2).
determine that a kind of lease is a lease to which section 4(2)(h) applies.
S. 5(1A) inserted by No. 82/2005 s. 6(3).
An instrument made under subsection (1) may leave any matter to be certified by a Minister.
S. 5(1B) inserted by No. 82/2005 s. 6(3).
An instrument made under subsection (1) may provide that it has effect on and from 1 May 2003 or such later date (whether before, on or after the date on which the instrument is made) as is specified in the instrument as the date on which it comes into effect.
The powers conferred by subsection (1) to make an instrument are subject to the instrument being disallowed by the Parliament.
Section 15 and Part 5 of the Subordinate Legislation Act 1994 apply to an instrument made under subsection (1) as though—
the instrument were a statutory rule (within the meaning of that Act); and
notice of the making of the statutory rule had been published in the Government Gazette when the instrument was published in the Government Gazette.
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