Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p66
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 66/212)
Character Range: 174290–176908

of a power or function by a person is dependent upon the opinion, belief or state of mind of that person in relation to a matter and that power or function has been delegated in pursuance of this Law or any Act of the Commonwealth, of a State or of a Territory, that power or function may be exercised by the delegate upon the opinion, belief or state of mind of the delegate in relation to that matter.".

Part 1.3:

  Repeal the Part, substitute:

"Division 9—Interpreting the regulations

Expressions have the same meaning as in this Law

"110. (1) Subject to subsection (2), an expression has in the regulations the same meaning as it has in this Law.

"(2) Where a provision of the regulations has effect for the purposes of a particular provision of this Law, an expression has in that provision of the regulations the same meaning as it has in that provision of this Law.

"(3) Subject to subsection (2), this Part applies in relation to the regulations as if the provisions of the regulations were provisions of this Law.

"(4) This section has effect except so far as the contrary intention appears in the regulations.

Severing invalid provisions

"110a. (1) The regulations are to be interpreted subject to this Law.

"(2) It is intended that where, but for this section, a provision of the regulations would have been interpreted as being inconsistent with this Law, the provision is nevertheless to be valid in so far as it is not so inconsistent.

"Division 10—Interpreting other subordinate instruments

Expressions have the same meaning as in this Law

"110b. (1) An expression has in an instrument made, granted or issued under this Law the same meaning as it has in this Law.

"(2) This Part applies in relation to an instrument made, granted or issued under this Law as if the instrument's provisions were provisions of this Law.

SCHEDULE 1—continued

"(3) This section has effect in relation to an instrument except so far as the contrary intention appears in the instrument.

Severing invalid provisions

"110c. (1) An instrument made, granted or issued under this Law is to be interpreted:

   (a) subject to this Law; and

     (b) so as not to exceed the powers under which it was made, granted or issued.

"(2) It is intended that where, but for this section, such an instrument would have been interpreted as exceeding the powers under which it was made, granted or issued, it is nevertheless to be valid in so far as it does not exceed those powers.

"Division 11—Application of certain provisions

Chapters 1 to 6 and 9

"110d. Chapters 1 to 6, inclusive, and 9, apply, according to their