Document ID: chunk:federal_register_of_legislation:C2022C00262:section:45
Version: federal_register_of_legislation:C2022C00262
Segment Type: section
Provision Reference: s 45
Character Range: 68879–71068

45  Legislative instruments
 (1) Each of the following instruments is a legislative instrument:
 (a) a declaration for the purposes of paragraph (a) of the definition of approved authority in section 3;
 (b) a declaration for the purposes of paragraph (b) of the definition of approved authority in section 3;
 (c) a declaration for the purposes of paragraph (b) of the definition of statutory office in section 3;
 (d) a declaration for the purposes of the definition of temporary employee in section 3;
 (e) an instrument under subsection 5(1);
 (f) a declaration under paragraph 6(1)(j);
 (g) a declaration under paragraph 6(2)(c);
 (h) a determination under section 11;
 (i) a determination under subsection 33C(2);
 (k) a determination under section 33E;
 (l) a determination under subsection 33G(2).
 (2) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to an instrument referred to in subsection (1).
 (3) A declaration referred to in paragraph (1)(b) may be expressed to commence from and including a day not earlier than 12 months before the making of the declaration.
 (4) A declaration referred to in paragraph (1)(c), (d) or (f) that is made after the commencement of this subsection may commence on a day not earlier than 12 months before the making of the declaration.
 (5) If a declaration referred to in paragraph (1)(c), (d) or (f) is made after the commencement of this subsection, and before the start of the period of 12 months immediately before the making of the declaration contributions were accepted from, or in respect of:
 (a) if a declaration is a declaration referred to in paragraph (1)(c)—the holder of the statutory office concerned; or
 (b) if the declaration is a declaration referred to in paragraph (1)(d) or (f)—a person to whom the declaration relates;
the declaration may commence on a day not earlier than the earliest day on which contributions were so accepted.
 (6) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply in relation to an instrument referred to in paragraph (1)(e).