4APrescribing instrument to be a legislative instrument or to be exempt

4A Prescribing instrument to be a legislative instrument or to be exempt (1) The Governor in Council may make regulations under this Act— (a) prescribing an instrument or a class of instrument for the purposes of paragraph (h) of the definition of ***legislative instrument***; (b) prescribing an instrument or a class of instrument to be, or not to be, a legislative instrument or class of legislative instrument for the purposes of this Act or any specified provision or provisions of this Act, whether or not subject to conditions; (c) exempting an instrument or a class of instrument that is a legislative instrument from the operation of this Act or any specified provision or specified provisions of this Act, whether or not subject to conditions. (2) If an instrument or a class of instrument is prescribed to be a legislative instrument or legislative instruments— (a) this Act applies to the instrument or class of instrument; and (b) subject to this Act, any provision of the authorising Act under which the instrument or class of instrument is made which is inconsistent with, or duplicates, any provision of this Act does not apply to the instrument or class of instrument. (3) If an instrument or a class of instrument is prescribed as exempt— (a) the specified provision or provisions of this Act from which the instrument is prescribed to be exempt does not, or do not, apply to the instrument or class of instrument; and (b) unless provision is made to the contrary by the authorising Act under which it is made, the instrument or a provision of it comes into operation— (i) at the beginning of the day on which the instrument is published in the Government Gazette; or (ii) at the beginning of a later day that is expressed in the instrument as the day on which the instrument or provision (as the case requires) comes into operation. S. 5 substituted by No. 78/2010 s. 5.