(1) The following instruments are not legislative instruments:
(a) a non - ADI lender rule referred to in paragraph 38C(2)(c);
(b) an instrument under section 38E varying or revoking a non - ADI lender rule referred to in paragraph 38C(2)(c);
(c) an instrument under subsection 38D(2) extending the period mentioned in subsection 38D(1) in relation to a non - ADI lender rule referred to in paragraph 38C(2)(c).
(2) Otherwise, an instrument made under section 38C, 38D or 38E is a legislative instrument.