Legislation Act 2003
View history note
Hide history noteIf, before 1 January 2005, a law required a document that is a legislative instrument for the purposes of this Act to be laid before the Parliament within a certain time, and in a certain way, compliance with section 38 on and after 1 January 2005 is taken to constitute full compliance with those requirements.
(2)
If, before 1 January 2005, a law provided for the disallowance of a document that is a legislative instrument for the purposes of this Act, sections 42 to 48 are taken to apply in respect of the document, subject to subsection (5), to the exclusion of the provision for disallowance in that law.
(3)
If provisions in force immediately before 1 January 2005 in relation to a document that is a legislative instrument specify particular consequences that follow a particular circumstance, namely:
(a) the laying of that document, or the failure to lay that document, before the Houses of the Parliament in accordance with those provisions; or
(b) the disallowance or non-disallowance, in accordance with those provisions, of a document that is so laid:
those same consequences follow a like circumstance under this Act, namely:
(c) the laying of that document, or the failure to lay that document, before the Houses of the Parliament in accordance with this Act; and
(d) the disallowance or non-disallowance of that document, in accordance with this Act, of a document that is laid before the Houses of the Parliament in accordance with this Act;
as if the circumstance referred to in paragraph (c) or (d) were a circumstance referred to in paragraph (a) or (b).
(4)
If provisions in force immediately before 1 January 2005 in relation to a document that is a legislative instrument:
(a) require the document to be laid before the Houses of the Parliament; and
(b) specify particular requirements to be complied with before, or at the same time as, that document is so laid;
those provisions continue to have effect, on and after 1 January 2005, as if they were requirements to be complied with before, or at the same time as, the document is laid before the Houses of the Parliament in accordance with this Act.
Note:
This subsection applies, for example, if the enabling legislation in respect of a legislative instrument required that a report concerning any such instrument be prepared and laid before the Parliament at the same time as the instrument is so laid.
(5)
If particular disallowance provisions of the kind referred to in subsection (2) are prescribed as provisions to which subsection (2) does not apply, then those provisions continue to apply, on and after 1 January 2005, despite the provisions to different effect in sections 42 to 48 .
Note:
The substantive provisions of this Act commenced on 1 January 2005.
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