Hi guys - been a while.
Wondering if anyone can tell me exactly what the difference is between a statutory instrument and any other instrument created under NSW law.
For example, a piece of legislation allows two instruments to be made - one statutory and the other not.
Am I correct that the statutory instrument has "power of law" (is that the correct term?) in that it can create it's own provisions that override the legislation; and
the "standard instrument" (does this have a name?) can make rules, but the rules are bound by the legislation and other laws - ie; it must comply with existing provisions in the law and can not override or be in any way inconsistent with them.
Is that correct and is there anything else I should know?
Thanks guys.
Wondering if anyone can tell me exactly what the difference is between a statutory instrument and any other instrument created under NSW law.
For example, a piece of legislation allows two instruments to be made - one statutory and the other not.
Am I correct that the statutory instrument has "power of law" (is that the correct term?) in that it can create it's own provisions that override the legislation; and
the "standard instrument" (does this have a name?) can make rules, but the rules are bound by the legislation and other laws - ie; it must comply with existing provisions in the law and can not override or be in any way inconsistent with them.
Is that correct and is there anything else I should know?
Thanks guys.