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 52
Attorney-General must lay lists of instruments due for sunsetting before each House of the Parliament
(1)
In this section:
list tabling day
, in relation to a sunsetting day and to a House of the Parliament, means the first sitting day of that House occurring within 18 months before that sunsetting day.
principal legislative instrument
(Repealed by No 135 of 2012)
History
Definition of
"
principal legislative instrument
"
repealed by No 135 of 2012, s 3 and Sch 1 item 19, effective 23 September 2012. The definition formerly read:
principal legislative instrument
means an instrument that is a principal legislative instrument within the meaning of subsection
50(1)
or
(2)
, whichever is appropriate.
sunsetting day
means the first possible day on which any legislative instrument will be repealed by the operation of this Part and each 1 April and 1 October occurring after that day.
History
Definition of
"
sunsetting day
"
amended by No 135 of 2012, s 3 and Sch 1 item 20, by substituting
"
be repealed by
"
for
"
cease to be in force because of the operation of
"
, effective 23 September 2012.
(2)
The Attorney-General must arrange for the laying before each House of the Parliament, on each list tabling day in relation to that House, of a list of legislative instruments that will be repealed by section
50
,
51
or
51A
on the sunsetting day to which that list tabling day relates.
History
S 52(2) substituted by No 135 of 2012, s 3 and Sch 1 and item 21, effective 23 September 2012. S 52(2) formerly read:
(2)
The Attorney-General must arrange for the laying before each House of the Parliament, on each list tabling day in relation to that House, of a list of:
(a)
the principal legislative instruments; and
(b)
the provisions (if any) of other legislative instruments that amend or otherwise affect, the operation of those principal legislative instruments;
that will, because of the operation of section
50
or
51
, cease to be in force on the sunsetting day to which that list tabling day relates.
(3)
As soon as practicable after the laying before either House of the Parliament of a list in accordance with subsection (2), the Office of Parliamentary Counsel must arrange for a copy of that list to be provided to the rule-maker responsible for each legislative instrument appearing on the list.
History
S 52(3) amended by No 107 of 2012, s 3 and Sch 2 item 44, by substituting
"
Office of Parliamentary Counsel
"
for
"
Department
"
, effective 1 October 2012. For transitional and saving provisions see note under s
16(1)
.
S 52(3) amended by No 135 of 2012, s 3 and Sch 1 item 22, by substituting
"
legislative instrument
"
for
"
principal legislative instrument, and each provision of a legislative instrument,
"
, effective 23 September 2012.
(4)
If subsection (2) requires the Attorney-General to arrange for the laying of a list of the kind referred to in that subsection before the Houses of the Parliament on different days, subsection (3) need only be complied with in relation to the earlier of those days.