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 39 substituted by No 10 of 2015, s 3 and Sch 1 item 44, effective 5 March 2016. See note under the title of the Act. S 39 formerly read:

SECTION 39 Additional material to be tabled with the legislative instrument  
(1)
If a rule-maker lodges an explanatory statement relating to a legislative instrument:

(a) at the time of lodging the legislative instrument for registration; or

(b) at a later time before a copy of the legislative instrument is delivered to each House of the Parliament to be laid before it;

the Office of Parliamentary Counsel must also arrange for the delivery to that House, to be laid before it, with the copy of that legislative instrument, a copy of that explanatory statement.

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History

S 39(1) amended by No 107 of 2012, s 3 and Sch 2 item 41, by substituting " Office of Parliamentary Counsel " for " Department " , effective 1 October 2012. For transitional and saving provisions see note under s 16(1) .

(2)
If a rule-maker fails to lodge an explanatory statement relating to a legislative instrument with the Office of Parliamentary Counsel before the Office arranges for a copy of the legislative instrument to be delivered to a particular House of the Parliament, the rule-maker must, as soon as possible, deliver to that House, to be laid before it:

(a) a copy of the explanatory statement; and

(b) a written statement why the explanatory statement was not provided to the Office in time to be delivered to the House with the legislative instrument.

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History

S 39(2) amended by No 107 of 2012, s 3 and Sch 2 items 42 and 43, by substituting " Office of Parliamentary Counsel " for " Department " first occurring and substituting " Office " for " Department " second and third occurring, effective 1 October 2012. For transitional and saving provisions see note under s 16(1) .