Statutory Instruments Regulation 2022

1Short title

This regulation may be cited as the Statutory Instruments Regulation 2022.

2Commencement

This regulation commences on 31 August 2022 at the end of the day.

3Statutory instruments that are subordinate legislation—Act, s 9

(1)For section 9(1)(c) of the Act, a statutory instrument is declared to be subordinate legislation if—

(a)the statutory instrument is made under a provision of an Act that commenced before the commencement of the Statutory Instruments Act 1992; and

(b)had the statutory instrument been made immediately before the commencement of the Statutory Instruments Act 1992—it would have been required to be tabled in, and subject to disallowance by, the Legislative Assembly.

Note—

The commencement of the Statutory Instruments Act 1992 is 1 June 1992.

(2)Subsection (1) does not apply to a statutory instrument that is declared by an Act to be, or not to be, subordinate legislation.

(3)A statutory instrument mentioned in schedule 1 is subordinate legislation.

4Exemptions from expiry for uniform subordinate legislation—Act, s 56

(1)For section 56 of the Act, an instrument of uniform subordinate legislation mentioned in schedule 2, column 1 is exempt from expiry for the period ending at midnight on the expiry day mentioned in schedule 2, column 3 opposite the instrument (the expiry day).

(2)The ground for exempting an instrument mentioned in schedule 2, column 1 is stated in schedule 2, column 2 opposite the instrument.

(3)If an instrument of subordinate legislation mentioned in schedule 2 stops having effect before midnight on the expiry day for the instrument, the exemption ends.

(4)The following table explains the grounds for exemption mentioned in schedule 2—

Ground for exemption	Explanation
uniform	The instrument is uniform subordinate legislation. The instrument is exempted under section 56(1) of the Act.
further exemption: uniform	The instrument is uniform subordinate legislation and has previously been exempted from expiry under section 56(1) of the Act. The instrument is further exempted under section 56(2) of the Act.

5Exemptions from expiry for other subordinate legislation—Act, s 56A

(1)For section 56A of the Act, an instrument of subordinate legislation mentioned in schedule 3, column 1 is exempt from expiry for the period ending at midnight on 31 August 2024 (the expiry day).

(2)The ground for exempting an instrument mentioned in schedule 3, column 1 is stated in schedule 3, column 2 opposite the instrument.

(3)If an instrument of subordinate legislation mentioned in schedule 3 stops having effect before midnight on the expiry day, the exemption ends.

(4)The following table explains the grounds for exemption mentioned in schedule 3—

Ground for exemption	Explanation
being replaced	Subordinate legislation to replace the instrument is being drafted and is proposed to be made before midnight on the expiry day. The instrument is exempted under section 56A(1)(a)(i) of the Act.
subject to review	The Act or provision under which or in relation to which the instrument, or part of the instrument, is made or preserved is subject to review. The instrument is exempted under section 56A(1)(b) of the Act.
further exemption: review	The instrument has previously been exempted from expiry under section 56A(1) of the Act and the Act or provision under which or in relation to which the instrument, or part of the instrument, is made or preserved is subject to review. The instrument is further exempted under section 56A(2) of the Act.

s 5 amd 2023 SL No. 125 s 4

6Repeal

The Statutory Instruments Regulation 2012, SL No. 143 is repealed.

section 3

1a notice making a determination, other than an administrative determination, under the Explosives Regulation 2017, section 145B

2a notice making a determination, other than an administrative determination, under the Transport Infrastructure (Dangerous Goods by Rail) Regulation 2018, section 20 or 21

3a notice making a determination, other than an administrative determination, under the Transport Operations (Road Use Management—Dangerous Goods) Regulation 2018, section 23 or 24

section 4

sch 2 amd 2023 SL No. 125 s 5

section 5

Note—

An instrument mentioned in this schedule expires on 31 August 2024—see section 5(1).

sch 3 sub 2023 SL No. 125 s 6