Chapter 3
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Legislative instruments and notifiable instruments
History
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.
Part 2
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Parliamentary scrutiny of legislative instruments
History
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
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Parliamentary scrutiny of legislative instruments
SECTION 48
Remaking disallowed legislative instruments
(1)
A legislative instrument or a provision of a legislative instrument (the
later instrument or provision
) that is the same in substance as a legislative instrument or a provision of a legislative instrument (the
disallowed instrument or provision
) that has been disallowed (or is taken to have been disallowed) under subsection
42(1)
or
(2)
must not be made within 6 months after the day of disallowance.
(2)
However, the later instrument or provision may be made within that time if the relevant House of the Parliament approves, by resolution, the making of a legislative instrument or provision the same in substance as the disallowed instrument or provision.
(3)
For the purposes of subsection (2), the
relevant House of Parliament
is the House of Parliament in which notice was given of the motion to disallow the disallowed instrument or provision.
(4)
A legislative instrument or provision made in contravention of this section has no effect.
History
S 48 substituted by No 10 of 2015, s 3 and Sch 1 item 49, effective 5 March 2016. See note under the title of the Act. S 48 formerly read:
SECTION 48 Disallowed legislative instruments not to be remade unless disallowance resolution rescinded or House approves
(1)
If, under section
42
, a legislative instrument or a provision of a legislative instrument is disallowed, or is taken to have been disallowed, a legislative instrument, or a provision of a legislative instrument, that is the same in substance as the first-mentioned instrument or provision, must not be made within 6 months after the day on which the first-mentioned instrument or provision was disallowed or was taken to have been disallowed, unless:
(a)
if the first-mentioned instrument or provision was disallowed by resolution
-
the resolution has been rescinded by the House of the Parliament by which it was passed; or
(b)
if the first-mentioned instrument or provision was taken to have been disallowed
-
the House of the Parliament in which notice of the motion to disallow the instrument or provision was given by resolution approves the making of a legislative instrument or provision the same in substance as the first-mentioned instrument or provision.
(2)
Any legislative instrument or provision made in contravention of this section has no effect.