Commonwealth Consolidated Acts

LEGISLATIVE INSTRUMENTS ACT 2003 - SECT 5

             (1)  Subject to sections 6, 7 and 9, a legislative instrument is an instrument in writing:

                     (a)  that is of a legislative character; and

                     (b)  that is or was made in the exercise of a power delegated by the Parliament.

             (2)  Without limiting the generality of subsection (1), an instrument is taken to be of a legislative character if:

                     (a)  it determines the law or alters the content of the law, rather than applying the law in a particular case; and

                     (b)  it has the direct or indirect effect of affecting a privilege or interest, imposing an obligation, creating a right, or varying or removing an obligation or right.

             (3)  An instrument that is registered is taken, by virtue of that registration and despite anything else in this Act, to be a legislative instrument.

             (4)  If some provisions of an instrument are of a legislative character and others are of an administrative character, the instrument is taken to be a legislative instrument for the purposes of this Act.