Document ID: chunk:federal_register_of_legislation:C2019C00084:section:44
Version: federal_register_of_legislation:C2019C00084
Segment Type: section
Provision Reference: s 44
Character Range: 93456–94617

44  Legislative instruments that are not subject to disallowance
 (1) Section 42 does not apply in relation to a legislative instrument, or a provision of a legislative instrument if the enabling legislation for the instrument (not being the Corporations Act 2001):
 (a) facilitates the establishment or operation of an intergovernmental body or scheme involving the Commonwealth and one or more States or Territories; and
 (b) authorises the instrument to be made by the body or for the purposes of the body or scheme;
unless the instrument is a regulation, or the enabling legislation or some other Act has the effect that the instrument is disallowable.
 (2) Section 42 does not apply in relation to a legislative instrument, or a provision of a legislative instrument, if:
 (a) an Act declares, or has the effect, that section 42 does not apply in relation to the instrument or provision; or
 (b) the legislative instrument is prescribed by regulation for the purposes of this paragraph.
 (3) Prescribing a kind of instrument by regulation for the purposes of paragraph (2)(b) does not imply that every instrument of that kind is a legislative instrument.