Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Minister may, by legislative instrument, make requirements for data provision that:
(a) have been agreed by the Ministerial Council; or
(b) if the Ministerial Council has agreed that a specified kind of requirement may be endorsed by a specified person or body by means of a specified procedure in specified circumstances (if any)--are of the specified kind and have been endorsed by the specified person or body by means of the specified procedure in the specified circumstances (if any) .
Note 1: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to a legislative instrument that makes the requirements (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).
Note 2: For adopting matters contained in other instruments as in force from time to time, see section 191A.
(1A) Without limiting subsection (1), the legislative instrument may make requirements that depend on the making of a decision of an administrative character by the National VET Regulator.
(1B) To avoid doubt, the reference to person in paragraph (1)(b) includes a person from time to time holding, occupying or performing the duties of a specified office or position, even if the office or position does not come into existence until after the Ministerial Council's agreement is given.
(2) For the purposes of this Act, Data Provision Requirements means requirements under subsection (1).