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Table of instruments

Excluded from the operation of the Rules Publication Act 1953

The Rules Publication Act 1953 provides for the exclusion of instruments from the operation of that Act in two ways. Firstly, in cases of doubt as to whether or not an instrument qualifies as a statutory rule, the Attorney-General may make a ruling which is final – s. 2(2). Secondly, in the case of an instrument which does qualify as a statutory rule, the Attorney-General is authorised to exempt it from the operation of the Act – s. 4(2).

The instruments or classes of instruments listed below are those in respect of which exemptions have been given or rulings made that the instruments do not qualify as statutory rules.

This list does not include the following:

(a) instances where the exclusion is provided for by the Act authorising the particular instrument (see for example the Financial Management Act 2016, s. 51(5) which excludes Treasurer's Instructions made under that Act from being statutory rules for the purposes of the Rules Publication Act 1953); and

(b) the exclusion of instruments made for a specific short-term purpose or which are otherwise no longer current and which have been listed in the corresponding table in earlier annual volumes of the Statutory Rules of Tasmania.

 

To 12 September 2012

Governing Act

Instrument

 Manner of exclusion
  • Crown Lands Act 1976

Orders under sections 8 and 12

 Exemption [16/12/1976] / [21/2/1977]
  • Drains Act 1954

Model by-laws under section 87(1)

 Ruling [29/2/1959]
  • Forestry Act 1920

Instruments under sections 14 and 15

 Ruling [2/2/1954]
  • Highways Act 1951

Proclamations under section 3 [note: exemption does not apply if the proclamation is combined with a proclamtion under s. 7 of the Roads and Jetties Act 1935]

 Exemption [28/7/1997]
  • Public Health Act 1997

Notice under section 75A specifying that certain classes of places of assembly are places of assembly to which licensing requirements apply

 Ruling [27/8/2001]
  • Supreme Court Civil Procedure Act 1932

Orders-in-Council under section 186(1)

 Exemption [18/1/1967]
  • War Service Land Settlement Act 1950

Proclamation under section 8(1)

 Ruling [31/5/1954]

Last updated Friday, February 12, 2021 14:54 PM