6.7 Power to make instruments

The specific powers contained in Acts to make subordinate legislation are supported by further powers in the Statutory Instruments Act 1992, in particular, sections 21 to 31 of that Act. Some examples follow:

• Section 22 enables subordinate legislation to be made with respect to any matter that is required or permitted to be prescribed by the authorising law or other law or is necessary or convenient to be prescribed for carrying out or giving effect to the authorising law.
• Section 23 enables subordinate legislation to make provision for a matter by applying, adopting or incorporating (with or without modification) the provisions of an Act, statutory instrument or other law, or another document.
• Section 24 enables subordinate legislation to make provision for a matter by applying generally throughout the State or being limited in its application to a particular part of the State. Section 24 also enables subordinate legislation to make provision for a matter by applying generally to all persons and matters or being limited in its application to particular persons or matters or particular classes of persons or matters.
• Section 29 enables subordinate legislation to provide for the review of, or a right of appeal against, a decision made under the subordinate legislation.
• Section 30 enables subordinate legislation to require a form prescribed by or under the subordinate legislation, or information or documents (whether or not included in, attached to or given with a form), to be verified by statutory declaration.

An Act and the subordinate legislation under it should be a single set of rules. Generally, there should be no duplication in subordinate legislation of rules that are already stated in the Act and there should be no significant change in concepts or language. Any definitions in an Act will also apply to subordinate legislation made under the Act (Acts Interpretation Act 1954, sections 7 and 32AA).