Chapter 3
-
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 4
-
Sunsetting of legislative instruments
History
Pt 4 heading substituted from Pt 6 heading by No 10 of 2015, s 3 and Sch 1 item 67, effective 5 March 2016. See note under the title of the Act. The heading formerly read:
Part 6
-
Sunsetting of legislative instruments
SECTION 53
Resolution that instrument continue in force
(1)
A legislative instrument that would otherwise be repealed on a day (the
repeal day
) by section
50
,
51
or
51A
continues in force, despite those sections, if:
(a)
the instrument is mentioned in:
(i)
a copy of a certificate under section
51
that is laid before a House of the Parliament in accordance with section
38
; or
(ii)
a list laid before a House of the Parliament under section
52
; and
(b)
the House indicates, by resolution passed before the repeal day, that the instrument should continue in force.
History
S 53(1) amended by No 78 of 2018, s 3 and Sch 1 items 68-70, by inserting
"
(the
repeal day
)
"
after
"
on a day
"
, substituting
"
under section 51 that is laid before a House of the Parliament in accordance with section 38
"
for
"
laid before a House of the Parliament under section 51
"
in para (a)(i) and substituting
"
before the repeal day
"
for
"
within 6 months after the copy or list is laid before the House
"
in para (b), effective 25 August 2018 and applicable in relation to a legislative instrument, where the copy of the certificate, or the list, is laid before a House of the Parliament before, on or after 25 August 2018
(2)
The legislative instrument continues in force, subject to:
(a)
sections
50
,
51
and
51A
, which apply to it after the passage of the resolution as if it were registered on the day on which it would have been repealed by section
50
,
51
or
51A
apart from this section; and
(b)
any later instrument amending or repealing it.
Note:
The legislative instrument is not required to be tabled again, and is not liable to disallowance again.
History
S 53 substituted by No 135 of 2012, s 3 and Sch 1 item 23, effective 23 September 2012. S 53 formerly read:
SECTION 53 Resolution that instruments continue in force
(1)
Either House of the Parliament may, by resolution passed within 6 months after:
(a)
the laying before that House, under subsection
52(2)
, of a list; or
(b)
the laying before that House, under subsection
51(2)
, of a copy of a certificate issued under paragraph
51(1)
(c);
indicate the legislative instruments and provisions of legislative instruments on that list or referred to in that certificate (
selected instruments or provisions
) that that House considers should continue in force.
(2)
A selected instrument or provision continues in force, subject to any later instrument amending or repealing it, as if it had been remade on the date on which if the resolution had not been passed, it would cease to be in force.