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Pt 4 repealed by No 10 of 2015, s 3 and Sch 1 item 36, effective 5 March 2016. See note under the title of the Act.

Div 3 repealed by No 10 of 2015, s 3 and Sch 1 item 36, effective 5 March 2016. See note under the title of the Act.

S 29 repealed by No 10 of 2015, s 3 and Sch 1 item 36, effective 5 March 2016. See note under the title of the Act. S 29 formerly read:

SECTION 29 Lodgment for registration under this Division  
(1)
If:

(a) a legislative instrument is required to be registered under section 28; and

(b) the legislative instrument is made during a period referred to in the table below;

the rule-maker must, unless the regulations otherwise provide, before the day set out in the table in respect of the period, lodge for registration, in electronic form, with the Office of Parliamentary Counsel:

(c) the legislative instrument; and

(d) if the legislative instrument amends another legislative instrument (the principal legislative instrument ) that has not already been registered:

(i) the principal legislative instrument; and

(ii) each other legislative instrument (if any) that is required to be registered under this Division and that amends the principal legislative instrument.

Table

Table

Lodgment of legislative instruments made before commencing day
Item	Period within which legislative instrument made	Day before which lodgment required
1	The period of 5 years ending immediately before the commencing day	The first day of the 12th month after the commencing day
2	The period ending immediately before the start of the period referred to in item 1	The first day of the 36th month after the commencing day

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History

S 29(1) amended by No 107 of 2012, s 3 and Sch 2 item 28, 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) a legislative instrument is made on or after the commencing day; and

(b) the legislative instrument amends another legislative instrument (the principal legislative instrument ) made before the commencing day that has not already been registered;

the rule-maker must, unless the regulations otherwise provide, before the day determined in accordance with subsection (4), lodge for registration, in electronic form, with the Office of Parliamentary Counsel:

(c) the principal legislative instrument; and

(d) any other legislative instrument made before the commencing day that is required to be registered under this Division and that amends the principal legislative instrument.

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History

S 29(2) amended by No 107 of 2012, s 3 and Sch 2 item 29, by substituting " Office of Parliamentary Counsel " for " Department " , effective 1 October 2012. For transitional and saving provisions see note under s 16(1) .

(3)
At the time of, or as soon as practicable after, the lodgment of the legislative instrument, or each legislative instrument, required to be lodged under subsection (1) or (2), the rule-maker must also lodge:

(a) the original legislative instrument; or

(b) if the rule-maker cannot comply with paragraph (a) - a certified true copy of the original legislative instrument; or

(c) if:

(i) the rule-maker cannot comply with paragraph (a) or (b); and

(ii) the enabling legislation required that the full text of the original instrument be published in the Gazette or elsewhere;

the full text of that original legislative instrument as so published; or

(d) if the rule-maker cannot comply with paragraph (a), (b) or (c) - such other evidence of the text of the original legislative instrument as the First Parliamentary Counsel considers acceptable.

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History

S 29(3) amended by No 107 of 2012, s 3 and Sch 2 item 30, by substituting " First Parliamentary Counsel " for " Secretary " in para (d), effective 1 October 2012. For transitional and saving provisions see note under s 16(1) .

(4)
For the purposes of subsection (2), the day by which instruments must be lodged for registration is:

(a) the day that would have been determined under subsection (1) if there had been no amendment of the principal legislative instrument (within the meaning of that subsection) after the commencing day; or

(b) the day occurring 28 days, or such longer period as the regulations provide, after the registration of the first-mentioned legislative instrument in subsection (2);

whichever first occurs.

(5)
Subsection 32(3) (which provides for some legislative instruments to continue in force even if they are not lodged for registration as required by this section) does not affect the requirements of this section. This subsection is for the avoidance of doubt.