Document ID: chunk:federal_register_of_legislation:C2008A00020:clause:1_48a
Version: federal_register_of_legislation:C2008A00020
Segment Type: clause
Provision Reference: sch 1 cl 48A
Character Range: 23534–25790

48A  General Policy Orders

Finance Minister to make General Policy Orders

 (1) The Finance Minister may make an Order (a General Policy Order) that specifies a general policy of the Australian Government.

Consultation before making General Policy Orders

 (2) Before making a General Policy Order, the Finance Minister must be satisfied that the responsible Ministers for the Commonwealth authorities and wholly‑owned Commonwealth companies to which the Order will apply have consulted those authorities and companies on the application of the policy.

Note: The responsible Ministers may consult with the Commonwealth authorities and wholly‑owned Commonwealth companies by consulting:

(a) if the authority or company has a Chair—the Chair; and

(b) otherwise—the directors.

Authorities and companies that General Policy Orders apply to

 (3) A General Policy Order applies to:
 (a) if the Order is expressed to apply only to specified Commonwealth authorities or wholly‑owned Commonwealth companies—those specified authorities or companies; and
 (b) if the Order is expressed to apply to all Commonwealth authorities or wholly‑owned Commonwealth companies, other than:
 (i) specified authorities or companies; or
 (ii) a class of authorities or companies;
  all Commonwealth authorities or wholly‑owned Commonwealth companies except those specified authorities or companies or those authorities or companies that are members of that class; and
 (c) otherwise—all Commonwealth authorities or wholly‑owned Commonwealth companies.

Partial application of General Policy Orders

 (4) If a General Policy Order specifies that a part of the Order does not apply to:
 (a) specified authorities or companies; or
 (b) a class of authorities or companies;
then that part of the Order does not apply to those specified authorities or companies or those authorities or companies that are members of that class.

General Policy Orders not subject to disallowance or sunsetting

 (5) A General Policy Order is a legislative instrument, but neither section 42 nor Part 6 of the Legislative Instruments Act 2003 applies to it.

General Policy Orders not to create offences or penalties

 (6) A General Policy Order cannot create offences or impose penalties.