Legislation Act 2003

Chapter 3 - Legislative instruments and notifiable instruments  

Part 2 - Parliamentary scrutiny of legislative instruments  

SECTION 46   Legislative instruments not to be remade while required to be tabled  

(1)    
If a legislative instrument (the original legislative instrument ) has been registered, no legislative instrument the same in substance as the original legislative instrument is to be made during the period defined by subsection (2) unless both Houses of the Parliament by resolution approve the making of an instrument the same in substance as the original legislative instrument.

(2)    
The period referred to in subsection (1) is the period starting on the day on which the original legislative instrument was registered and ending at the end of 7 days after:

(a) if the original legislative instrument has been laid, in accordance with subsection 38(1) , before both Houses of the Parliament on the same day - that day; or

(b) if the original legislative instrument was so laid before both Houses on different days - the later of those days; or

(c) if the original legislative instrument has not been so laid before both Houses - the last day on which subsection 38(1) could have been complied with.

(3)    
An instrument made in contravention of this section has no effect.