Document ID: chunk:federal_register_of_legislation:C2004A03104:schedule:1:p5
Version: federal_register_of_legislation:C2004A03104
Segment Type: schedule
Provision Reference: sch 1 (pt 5/48)
Character Range: 208211–210866

or in relation to a matter by applying, adopting or incorporating, with or without modification—
     (a) a provision of any Act or any regulation made under an Act, or of any determination made under this section or section 82d of the Public Service Act 1922, as in force at a particular time or as in force from time to time; or
     (b) any matter contained in any other instrument or writing as in force or existing at the time when the determination takes effect.
"(5) A determination takes effect—
     (a) on the day on which it is made; or
     (b) in a case where another day (which may be a day earlier than the day on which it is made) is specified for the purpose in the determination—on the day so specified.
"(6) A determination shall not be expressed to take effect on a day earlier than the day on which it is made in any case where, if the determination so took effect—
     (a) the rights of a person (other than the Commonwealth) existing immediately before the last-mentioned day would be affected in a manner prejudicial to the person; or
     (b) liabilities would be imposed on a person (other than the Commonwealth) in respect of anything done or omitted to be done before that last-mentioned day,
and where, in a determination, any provision is made in contravention of this sub-section, the provision is void and of no effect.
"(7) The determinations made in each calendar year (including determinations amending or revoking other determinations) shall be numbered in regular arithmetic series, beginning with the number 1, as nearly as possible in the order in which they are made.
"(8) A determination may, without prejudice to any other manner of citation, be cited by reference to its number and the calendar year in which it was made.
"(9) The Minister shall cause to be published in the Gazette, in respect of each determination, notice of—
     (a) the fact that the determination has been made; and
     (b) the place or places where copies of the determination can be obtained.
"(10) A reference in this section to a member of the family of a relevant person includes a reference to a member of the household, and a dependant of, a relevant person.
"(11) In this section, 'relevant person' means—
     (a) a Trade Commissioner or Assistant Trade Commissioner; or
     (b) an officer appointed under section 10.

Tabling, disallowance, &c, of determinations
"11a. (1) Subject to sub-section (2), sections 48 (other than paragraphs (1) (a) and (b) and sub-section (2)), 49 and 50 of the Acts Interpretation Act 1901 apply in relation to determinations as if, in those sections, references to regulations were references to