37Orders

#### 37 Orders (1) Subject to subsection (2), the regulations may make provision for or in relation to empowering the Minister to make orders, not inconsistent with this Act, with respect to any matter for or in relation to which provision may be made by the regulations. (2) An order shall not be made prescribing any penalty for an offence. (3) An order is a legislative instrument. (4) An order may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification: (a) a provision of: (i) an Act of the Commonwealth or of a State or Territory; (ii) an Ordinance of a Territory; (iii) a regulation or rule made under such an Act or Ordinance; (iv) an order made under regulations made under the Export Control Act 1982; or (v) any other order made under regulations made under this Act; 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 order takes effect; but an order shall not, except as provided by this subsection, make provision for or in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time. (7) An order shall be deemed to be an enactment for the purposes of the Administrative Appeals Tribunal Act 1975.