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Legislative Assembly for the ACT: 2001 Week 2 Hansard (1 March) . . Page.. 528 ..
Clause 38
Subclause (2)
Page 20, line 17-
Examples
1 If the instrument is a disallowable instrument, an amendment or repeal of the instrument is also a disallowable instrument.2 If the instrument is a notifiable instrument, an amendment or repeal of the instrument is also a notifiable instrument.
3 If notice of the making of the instrument must be published in a newspaper, notice of an amendment or repeal of the instrument must also be published in the newspaper.
Clause 38
Proposed new subclause (3)
Page 20, line 17-
(3) This section is subject to any provision of the authorising law.
Clause 39
Page 20, line 18-
39 Statutory instrument may make provision by applying a law or instrument
(SLA s 8)(1) If an Act, subordinate law or disallowable instrument (the authorising law ) authorises or requires the making of a statutory instrument about a matter, a statutory instrument (the relevant instrument ) made under the authorising law may make provision about the matter by applying (with or without change)-
(a) a law or instrument, or a provision of a law or instrument, as in force at a particular time; or
(b) a law or instrument, or a provision of a law or instrument, as in force from time to time if-
(i) the statutory instrument expressly provides that the law, instrument or provision is applied from time to time; and
(ii) for an instrument or provision of an instrument-the authorising law authorises the instrument or provision to be applied from time to time.
Example of paragraph (b) (i)
The ABC Regulations 2000 provide that noise measurements are to be taken in accordance with the NSW noise control manual as in force from time to time.
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