47Statutory instrument may make provision by applying law

47 Statutory instrument may make provision by applying law or instrument (1) This section applies if an Act, subordinate law or disallowable instrument (the authorising law) authorises or requires the making of a statutory instrument (the relevant instrument) about a matter. (2) The relevant instrument may make provision about the matter by applying an ACT law— (a) as in force at a particular time; or (b) as in force from time to time. (3) The relevant instrument may make provision about the matter by applying a law of another jurisdiction, or an instrument, as in force only at a particular time. Note For information on the operation of s (3), see the examples to s (9). (4) If the relevant instrument makes provision about the matter by applying a law of another jurisdiction or an instrument, the following provisions apply: (a) if subsection (3) is displaced by, or under authority given by, an Act or the authorising law—the law of the other jurisdiction or instrument is applied as in force from time to time; Note For the displacement of s (3), see s 6, examples 1 and 2. (b) if subsection (3) is not so displaced and the relevant instrument does not provide that the law of the other jurisdiction or instrument is applied as in force at a particular time—the law or instrument is taken to be applied as in force when the relevant instrument is made.

Examples—s (4) (b) 1 The Locust Damage Compensation Determination 2003 (a hypothetical disallowable instrument) provides for the making of claims against a compensation fund. Section 43 states that disputes about claims must be decided in accordance with the Commercial Arbitration Act 1984 (NSW) (the NSW Act) as in force from time to time. The determination is made on 1 August 2003. The Act under which the determination is made does not displace s (3). Therefore, even though s 43 purports to apply the NSW Act as in force from time to time, the NSW Act as in force on 1 August 2003 is applied by the determination. 2 The Locust Damage Compensation Determination 2003 (mentioned in example 1), s 43 states that disputes about claims must be decided in accordance with the Commercial Arbitration Act 1984 (NSW) (the NSW Act), but does not state that the NSW Act is to be applied as in force from time to time or at a particular time. The determination is made on 1 August 2003. The Act under which the determination is made does not displace s (3). Therefore, the NSW Act as in force on 1 August 2003 is applied by the determination. (5) If a law of another jurisdiction or an instrument is applied as in force at a particular time, the text of the law or instrument (as in force at that time) is taken to be a notifiable instrument made under the relevant instrument by the entity authorised or required to make the relevant instrument. (6) If subsection (3) is displaced and a law of another jurisdiction or an instrument is applied as in force from time to time, the text of each of the following is taken to be a notifiable instrument made under the relevant instrument by the entity authorised or required to make the relevant instrument: (a) the law or instrument as in force at the time the relevant instrument is made; (b) each subsequent amendment of the law or instrument; (c) if the law or instrument is repealed and remade (with or without changes)—the law or instrument as remade and each subsequent amendment of the law or instrument;