Legislation Act 2003

Ch 3 heading inserted by No 10 of 2015, s 3 and Sch 1 item 27, effective 5 March 2016. See note under the title of the Act.

Pt 2 heading substituted from Pt 5 heading by No 10 of 2015, s 3 and Sch 1 item 37, effective 5 March 2016. See note under the title of the Act. The heading formerly read:

Part 5 - Parliamentary scrutiny of legislative instruments

S 45(1) repealed by No 78 of 2018 s 3 and Sch 1 item 36, effective 25 August 2018. Despite the repeal of subsection 45(1) of the Legislation Act 2003 made by this Schedule, that subsection, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to:

(a) so far as that subsection relates to subsection 38(3) of that Act - a legislative instrument that was registered before that commencement; and

(b) so far as that subsection relates to subsection 42(1) or (2) of that Act - a legislative instrument, a copy of which was laid before a House of Parliament before that commencement.

(1)
If a legislative instrument (the affected instrument ), or a provision of a legislative instrument (the affected provision ), ceases, at a particular time, to have effect under subsection 38(3) or 42(1) or (2), the operation of that subsection in relation to the affected instrument or provision has the same effect as if the affected instrument or provision had been repealed with effect from that time.

S 45(2) amended by No 78 of 2018, s 3 and Sch 1 items 37 and 38, by substituting para (a) and substituting " the instrument, law or provision repealed by the repealing instrument or repealing provision revives from the repeal time " for " the repealed instrument, law or provision revives from the cessation time " , effective 25 August 2018. Para (a) formerly read:

(a) a legislative instrument (the repealing instrument ) or a provision (the repealing provision ) of a legislative instrument either:

(i) ceases under subsection 38(3) or section 42 to have effect at a particular time (the cessation time); or

(ii) would so cease to have effect then if it had not already been repealed by section 48A or 48C ; and

No 78 of 2018, s 3 and Sch 1 item 74 provides:

(a) so far as that subsection relates to subsection 38(3) of that Act - a legislative instrument referred to in paragraph 45(2)(a) of that Act that was registered before that commencement; and

(b) so far as that subsection relates to section 42 of that Act - a legislative instrument referred to in paragraph 45(2)(a) of that Act, a copy of which was laid before a House of Parliament before that commencement.

S 45(2) substituted by No 135 of 2012, s 3 and Sch 1 item 9, effective 23 September 2012. S 45(2) formerly read:

(2)
If:

(a) the affected instrument or provision ceases, at a particular time, to have effect under subsection 38(3) or 42(1) or (2) ; and

(b) the affected instrument or provision repealed, in whole or in part, another legislative instrument or law, or a provision of another legislative instrument or law, that was in force immediately before the time when the affected instrument or provision commenced;

the operation of that subsection has the effect of reviving the other legislative instrument, law or provision, from that first-mentioned time, as if the affected instrument or provision had not been made.

S 45(3) amended by No 10 of 2015, s 3 and Sch 1 item 48, by substituting " Part 4 (sunsetting of legislative instruments) " for " Part 6 " , effective 5 March 2016. See note under the title of the Act.

S 45(3) amended by No 135 of 2012, s 3 and Sch 1 item 12, by substituting " Part 6 would have repealed it had it not already been repealed by the repealing instrument or the repealing provision " for " it would have ceased to have effect under Part 6 had it not been repealed " , effective 23 September 2012.

S 45 amended by No 78 of 2018, s 3 and Sch 1 item 35, by substituting the heading, effective 25 August 2018. The heading formerly read " Effect of a legislative instrument ceasing to have effect " .