Document ID: chunk:federal_register_of_legislation:C2023C00324:clause:1_8:p2
Version: federal_register_of_legislation:C2023C00324
Segment Type: clause
Provision Reference: sch 1 cl 8 (pt 2/2)
Character Range: 23505–24846

provisions of this Act commenced.

Instruments that are not legislative instruments
 (6) Despite subsections (4) and (5), an instrument is not a legislative instrument if it is:
 (a) declared by an Act not to be a legislative instrument; or
 (b) prescribed by regulation for the purposes of this paragraph.
 (7) However, subsection (6) does not apply to an instrument that is a legislative instrument under subsection (3) by registration.
 (8) Despite anything else in this section, the following are not legislative instruments, and cannot become legislative instruments under subsection (3) (by being registered as legislative instruments):
 (a) an instrument that is a notifiable instrument because of subsection 11(1) (primary law gives power to do something by notifiable instrument);
 (b) a commencement instrument;
 (c) a compilation of a legislative instrument or notifiable instrument;
 (d) rules of court, or a compilation of rules of court, for the High Court, the Federal Court of Australia, the Family Court of Australia or the Federal Circuit Court of Australia;
 (e) an explanatory statement for a legislative instrument, or rules of court mentioned in paragraph (d).
Note: Rules of court are, however, registered under this Act, and are otherwise treated as if they were legislative instruments by their enabling legislation.