Legislation Act 2003

Chapter 3 - Legislative instruments and notifiable instruments

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Part 2 - Parliamentary scrutiny of legislative instruments

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SECTION 39 Tabling of explanatory statements

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(1)

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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)

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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 .

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History

S 39 substituted by No 10 of 2015, s 3 and Sch 1 item 44, effective 5 March 2016. See note under the title of the Act. S 39 formerly read:

SECTION 39 Additional material to be tabled with the legislative instrument
(1)
If a rule-maker lodges an explanatory statement relating to a legislative instrument:

(a) at the time of lodging the legislative instrument for registration; or

(b) at a later time before a copy of the legislative instrument is delivered to each House of the Parliament to be laid before it;
the Office of Parliamentary Counsel must also arrange for the delivery to that House, to be laid before it, with the copy of that legislative instrument, a copy of that explanatory statement.

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History

S 39(1) amended by No 107 of 2012, s 3 and Sch 2 item 41, 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 rule-maker fails to lodge an explanatory statement relating to a legislative instrument with the Office of Parliamentary Counsel before the Office arranges for a copy of the legislative instrument to be delivered to a particular House of the Parliament, the rule-maker must, as soon as possible, deliver to that House, to be laid before it:

(a) a copy of the explanatory statement; and

(b) a written statement why the explanatory statement was not provided to the Office in time to be delivered to the House with the legislative instrument.
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History

S 39(2) amended by No 107 of 2012, s 3 and Sch 2 items 42 and 43, by substituting " Office of Parliamentary Counsel " for " Department " first occurring and substituting " Office " for " Department " second and third occurring, effective 1 October 2012. For transitional and saving provisions see note under s 16(1) .

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