New South Wales Consolidated Acts

MARINE POLLUTION ACT 2012 - SECT 245

245 Orders

(1) The following sections of the Interpretation Act 1987 apply to an order made under this Act, or in pursuance of the regulations, in the same way as they apply to a statutory rule--

(a) section 30 (Effect of amendment or repeal of Acts and statutory rules),

(b) section 39 (The making of statutory rules),

(c) section 40 (Notice of statutory rules to be tabled),

(d) section 41 (Disallowance of statutory rules).

(2) Unless the contrary intention appears, expressions used in orders made under this Act, or in pursuance of the regulations, have the same meanings as in this Act.

(3) Orders made in pursuance of the regulations are to be read subject to this Act and the regulations and so as not to exceed the power conferred by this Act and the regulations to the intent that, where such orders would, but for this subsection, have been construed as being in excess of the power conferred by this Act and the regulations, they are taken to be valid orders to the extent to which they are not in excess of the power conferred by this Act and the regulations.

(4) Where an order made in pursuance of the regulations is inconsistent with a provision of this Act or the regulations, the latter is to prevail and the former is, to the extent of the inconsistency, of no force or effect.