38 Disallowable instruments

(1)

An instrument made under an enactment is a disallowable instrument for the purposes of this Act if 1 or more of the following applies:

(a)

the instrument is a legislative instrument:

(b)

that enactment or another enactment contains a provision (however expressed) that has the effect of making the instrument disallowable for the purposes of this Act:

(c)

the instrument has a significant legislative effect.

(2)

However, an instrument is not a disallowable instrument for the purposes of this Act if the instrument—

(a)

is made or approved by a resolution of the House of Representatives; or

(b)

is one that the House of Representatives could, by resolution, prevent from coming into force or taking effect; or

(c)

is one made by a court, Judge, or person acting judicially.

(3)

A bylaw that is subject to the Bylaws Act 1910 is not a disallowable instrument for the purposes of this Act.

(4)

This section is subject to other enactments that limit or affect when, or the extent to which, a kind of instrument is a disallowable instrument for the purposes of this Act.