Legislation Act 2003

Chapter 4 - Miscellaneous

SECTION 55 Simplified outline of this Chapter

This Chapter deals with miscellaneous matters, such as the following:

• publication requirements for legislative instruments other than publication by registration;

• parliamentary scrutiny requirements for instruments other than legislative instruments or notifiable instruments, other than scrutiny under this Act;

• delegation powers of the First Parliamentary Counsel;

• a review of Part 4 of Chapter 3 (sunsetting of legislative instruments) in 2027;

• the First Parliamentary Counsel ' s power to make rules for this Act (rules are legislative instruments);

• the power to make regulations under this Act, including a regulation that amends any legislative instrument or notifiable instrument with the agreement of the rule-maker for the instrument.

View history note

History

S 55 amended by No 78 of 2018, s 3 and Sch 1 item 72, by substituting " 2027 " for " 2017 " , effective 25 August 2018.

S 55 substituted by No 10 of 2015, s 3 and Sch 1 item 76, effective 5 March 2016. See note under the title of the Act. S 55 formerly read:

SECTION 55 Instruments made but not finally dealt with before the commencing day
(1)
This section applies to a legislative instrument made before the commencing day:

(a) that was a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 as in force at any time before the commencing day; or

(b) that was a statutory rule or other instrument able to be disallowed under Part XII of the Acts Interpretation Act 1901 as in force at any time before the commencing day; or

(c) that was otherwise required to be published, or to have notice of its making published, in the Gazette .

(2)
If a legislative instrument to which this section applies, or notice of the making of such an instrument, had not been published in the Gazette before the commencing day:

(a) that instrument is to be treated, for all purposes of this Act, as if it had been made on the commencing day; and

(b) the obligations in relation to that instrument under the Acts Interpretation Act 1901 , and under the Statutory Rules Publication Act 1903 , as in force immediately before the commencing day, cease to apply;
but the tenor of the instrument is not affected.

(3)
Despite subsection (2), section 39 does not apply in relation to a legislative instrument described in that subsection.

(4)
If a legislative instrument to which this section applies, or notice of the making of such an instrument, had been published in the Gazette before the commencing day, the obligations in relation to that instrument under Part XII of the Acts Interpretation Act 1901 , and under the Statutory Rules Publication Act 1903 , as in force at any time before the commencing day, continue to apply in relation to that instrument as if that Part and that Act had not been repealed.

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