Document ID: chunk:federal_register_of_legislation:C2023C00324:clause:1_168
Version: federal_register_of_legislation:C2023C00324
Segment Type: clause
Provision Reference: sch 1 cl 168
Character Range: 120356–122448

168  Savings—pre‑commencement status of instruments and ongoing effect of existing exemptions

Status of legislative instruments
(1) An instrument made before the commencement of this Schedule that was a legislative instrument under the Legislative Instruments Act 2003 is taken to continue to be a legislative instrument on and after that commencement despite the amendments of that Act made by Part 1 of this Schedule.

Status of non‑legislative instruments
(2) An instrument made before the commencement of this Schedule that was not a legislative instrument under the Legislative Instruments Act 2003 immediately before the commencement of this Schedule is taken to continue not to be a legislative instrument on and after that commencement despite the amendments of that Act made by Part 1 of this Schedule.
(3) If, immediately before the commencement of this Schedule, a provision of a legislative instrument required or permitted an instrument described as not being a legislative instrument to be made, on and after that commencement an instrument made under that provision is not a legislative instrument.
Note: Before the commencement of this Schedule, subsection 15AE(3) of the Acts Interpretation Act 1901 (which is repealed by Part 5 of this Schedule) provided that if a primary law (including an Act or a legislative instrument) provided for another instrument to be made that was described as not being a legislative instrument, the other instrument was not a legislative instrument.
 The Legislation Act 2003, as that Act is amended by this Schedule, does not continue the effect of this provision in the case of a primary law that is a legislative instrument (see section 8 of that Act).

Instruments may become legislative instruments by registration
(4) Subitems (2) and (3) do not prevent an instrument becoming a legislative instrument under subsection 8(3) of the Legislation Act 2003 by being registered as a legislative instrument after the commencement of this Schedule.
Note: The Legislative Instruments Act 2003 is renamed by this Act as the Legislation Act 2003.