Document ID: chunk:federal_register_of_legislation:C2024C00838:section:33:p2
Version: federal_register_of_legislation:C2024C00838
Segment Type: section
Provision Reference: s 33 (pt 2/3)
Character Range: 72120–74750

legislative or administrative character (including rules, regulations or by‑laws) with respect to particular matters (however the matters are described), the power shall be construed as including a power to make, grant or issue such an instrument with respect to some only of those matters or with respect to a particular class or particular classes of those matters and to make different provision with respect to different matters or different classes of matters.
 (3AB) If an Act confers on a person or authority the power to make an instrument (except a legislative instrument, a notifiable instrument or a rule of court):
 (a) specifying, declaring or prescribing a matter; or
 (b) doing anything in relation to a matter;
then, in exercising the power, the person or authority may identify the matter by reference to a class or classes of matters.
Note: This provision has a parallel, in relation to legislative instruments, and notifiable instruments, in section 13 of the Legislation Act 2003.
 (3AC) For the purposes of subsections (3A) and (3AB), matter includes thing, person and animal.
 (3B) Where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by‑laws), the power shall not be taken, by implication, not to include the power to make provision for or in relation to a particular aspect of a matter by reason only that provision is made by the Act in relation to another aspect of that matter or in relation to another matter.

Power to make appointment to an office or place
 (4) Where an Act confers upon any person or authority a power to make appointments to any office or place, the power shall be construed as including a power to appoint a person to act in the office or place until:
 (a) a person is appointed to the office or place; or
 (b) the expiration of 12 months after the office or place was created or became vacant, as the case requires;
whichever first happens, and as also including a power to remove or suspend any person appointed, and to appoint another person temporarily in the place of any person so suspended or in place of any sick or absent holder of such office or place.
Provided that where the power of such person or authority to make any such appointment is only exercisable upon the recommendation or subject to the approval or consent of some other person or authority, such power to make an appointment to act in an office or place or such power of removal shall only be exercisable upon the recommendation or subject to the approval or consent of such other person or authority.

Power to