Legislation Act 2003

Chapter 3 - Legislative instruments and notifiable instruments  

Part 2 - Parliamentary scrutiny of legislative instruments  

SECTION 42   Disallowance of legislative instruments  

(1)    

If:

(a) notice of a motion to disallow a legislative instrument or a provision of a legislative instrument is given in a House of the Parliament within 15 sitting days of that House beginning on the first sitting day after a copy of the instrument was laid before that House; and

(b) within beginning on the first sitting day after the giving of that notice, the House passes a resolution, in pursuance of the motion, disallowing the instrument or provision;

the instrument or provision so disallowed is repealed immediately after the passing of that resolution.

(2)    

If:

(a) notice of a motion to disallow a legislative instrument or a provision of a legislative instrument is given in a House of the Parliament within 15 sitting days of that House beginning on the first sitting day after a copy of the instrument was laid before that House; and

(b) at the end of 15 sitting days of that House beginning on the first sitting day after the giving of that notice of motion:

(i) the notice has not been withdrawn, the motion has not been called on, and the House has not passed a resolution deferring its consideration; or

(ii) the motion has been called on, moved and (where relevant) seconded and has not been withdrawn or otherwise disposed of;

the instrument or provision specified in the motion is then taken to have been disallowed and is repealed at that time.

(3)    
If:

(a) notice of a motion to disallow a legislative instrument or a provision of a legislative instrument is given in a House of the Parliament within 15 sitting days of that House beginning on the first sitting day after a copy of the instrument was laid before that House; and

(b) before the end of 15 sitting days of that House beginning on the first sitting day after the giving of that notice of motion, the House of Representatives is dissolved or expires, or the Parliament is prorogued; and

(c) at the time of the dissolution, expiry or prorogation, as the case may be:

(i) the notice has not been withdrawn, the motion has not been called on, and the House has not passed a resolution deferring its consideration; or

(ii) the motion has been called on, moved and (where relevant) seconded and has not been withdrawn or otherwise disposed of;

the legislative instrument is taken, for the purposes of subsections (1) and (2), to have been laid before the first-mentioned House on the first sitting day of that first-mentioned House after the dissolution, expiry or prorogation, as the case may be.