under’ an Act, another statutory instrument or conferred by ‘power an Act or statutory instrument and also under power conferred otherwise by law’. section 14 H 3 Victoria Interpretation of Does or is likely to Legislation Act 1984 apply. Section 38 (Vic); and definition of Statutory Legislation subordinate (Vic) includes an Act 1994 instrument instrument that is not a statutory rule within the meaning of the but is a legislative ‘of character’ 4 South Australia Does or is likely to Acts Interpretation Act (SA) apply. Definition of 1915 statutory instrument in section 4 includes ‘a code or standards made, approved or adopted under an Act’ as well as other ‘any instrument of a legislative character made or in force under an Act’ 5 Western Australia Does not apply. Interpretation Act (WA) 1984 subsidiary legislation in section 6 includes an made ‘instrument, under any written law and having legislative effect’. written law means all Acts and subsidiary legislation in force. means Act Acts of Western Australia. The Standards are not under a WA ‘made’ Act. 6 Tasmania It probably does not Acts Interpretation Act (Tas); and It’s not clear 1931 whether the expression Publication Act (Tas) an Act’ 1953 ‘under includes incorporated material.(eg, s 29) The adopted standards are unlikely to be included under the expression an Act confers ‘where
under’ an Act, another statutory instrument or ‘power conferred by an Act or statutory instrument and also under power conferred otherwise by law’. section 14 H 3 Victoria Interpretation of Legislation Act 1984 (Vic); and Statutory Legislation Act 1994 (Vic) Does or is likely to apply. Section 38 definition of subordinate instrument includes an instrument that is not a statutory rule within the meaning of the but is ‘of a legislative character’ 4 South Australia Acts Interpretation Act 1915 (SA) Does or is likely to apply. Definition of statutory instrument in section 4 includes ‘a code or standards made, approved or adopted under an Act’ as well as ‘any other instrument of a legislative character made or in force under an Act’ 5 Western Australia Interpretation Act 1984 (WA) Does not apply. subsidiary legislation in section 6 includes an ‘instrument, made under any written law and having legislative effect’. written law means all Acts and subsidiary legislation in force. Act means Acts of Western Australia. The Standards are not ‘made’ under a WA Act. 6 Tasmania Acts Interpretation Act 1931 (Tas); and Publication Act 1953 (Tas) It probably does not It’s not clear whether the expression ‘under an Act’ includes incorporated material.(eg, s 29) The adopted standards are unlikely to be included under the expression ‘where an Act confers
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