Acts and Instruments (Framework Reform) Act 2015 (10 of 2015)

Schedule 1   Acts, legislative instruments and notifiable instruments

Part 3   Legislative instruments and notifiable instruments generally

Legislative Instruments Act 2003

44   Section 39

Repeal the section, substitute:

39 Tabling of explanatory statements

(1) If an explanatory statement for a legislative instrument is registered, the Office of Parliamentary Counsel must arrange for a copy of the explanatory statement to be delivered to each House of the Parliament, to be laid before each House.

(2) The delivery to each House of the Parliament must be arranged:

(a) in the case of an initial explanatory statement:

(i) if practicable, at the same time as a copy of the instrument is delivered to that House under section 38; or

(ii) in any other case - within 6 sitting days of that House after registration of the explanatory statement; or

(b) in the case of a supplementary explanatory statement or replacement explanatory statement - within 6 sitting days of that House after registration of the explanatory statement.

(3) If the initial explanatory statement for a legislative instrument is lodged by the rule-maker for registration too late for it to be delivered to a House of the Parliament at the same time as a copy of the instrument, the rule-maker must, as soon as possible, deliver to that House a written statement explaining the lateness of lodgement.

(4) If a replacement explanatory statement replacing an initial explanatory statement is registered before the initial explanatory statement is delivered to each House of the Parliament under subsection (1):

(a) this section stops applying to the initial explanatory statement; and

(b) this section applies to the replacement explanatory statement as if it were the initial explanatory statement.

Note: For initial explanatory statements and supplementary and replacement explanatory statements, see section 15J.