LEGISLATION ACT 2001 - SECT 61 Notification of legislative instruments

LEGISLATION ACT 2001 - SECT 61

    (1)     If a legislative instrument is made, an authorised person for making a notification request for the instrument may ask the parliamentary counsel to notify the making of the instrument.

    (2)     If an authorised person for making a notification request for a legislative instrument asks the parliamentary counsel to notify the making of the instrument and complies with the requirements (if any) prescribed by regulation (whether in relation to the form of the instrument, in relation to the making of the request or otherwise), the parliamentary counsel must—

        (a)     notify the making of the instrument in the register; or

        (b)     if it is not practicable to notify the making of the instrument in the register—notify the making of the instrument in another place the parliamentary counsel considers appropriate.

Examples—other places

1     another government website

2     outside the Legislative Assembly

    (3)     The making of the legislative instrument is notified in the register by entering in the register—

        (a)     a statement that the instrument has been made; and

        (b)     the text of the instrument.

    (4)     The making of the legislative instrument is notified under subsection (2) (b) by—

        (a)     publishing the text of the instrument in the place decided by the parliamentary counsel under subsection (2) (b); or

        (b)     publishing in that place a statement that—

              (i)     the instrument has been made; and

              (ii)     copies of the instrument can be obtained at a stated place or stated places (whether by purchase or otherwise).

    (5)     If the making of the legislative instrument is notified under subsection (2) (b), the parliamentary counsel must as soon as practicable enter in the register—

        (a)     a statement that the instrument—

              (i)     has been made; and

              (ii)     was notified in the stated place on a stated date; and

        (b)     the text of the instrument.

    (6)     If the making of the legislative instrument is notified by publishing the statement mentioned in subsection (4) (b), copies of the instrument must be available on the day of publication, or as soon as practicable after that day, at the stated place or each of the stated places.

    (7)     If on that day no copies of the legislative instrument are available at the stated place or any of the stated places, the parliamentary counsel must give the Minister a statement—

        (a)     that copies of the instrument were not available; and

        (b)     explaining why they were not available.

    (8)     The Minister must present the statement to the Legislative Assembly not later than 6 sitting days after receiving it.

    (9)     Despite subsection (2), the parliamentary counsel may notify the making of a legislative instrument even though a requirement prescribed by regulation for subsection (2) (a prescribed requirement ) is not complied with.

    (10)     The notification of a legislative instrument is valid even if—

        (a)     a prescribed requirement was not complied with; or

        (b)     the notification was made on the request of a person who was not, or was no longer, a delegate of an authorised person for making a notification request for the instrument.

    (11)     This section is a determinative provision.

Note     See s 5 for the meaning of determinative provisions, and s 6 for their displacement.

    (12)     In this section:

"authorised person", for making a notification request for a legislative instrument, means—

        (a)     the maker of the instrument; or

        (b)     for a legislative instrument made by the Executive—a Minister or director-general; or

        (c)     for a legislative instrument made by a Minister—a director-general; or

        (d)     for a legislative instrument made by the rule-making committee—

              (i)     the secretary of the committee; or

              (ii)     the registrar of a court or tribunal in relation to which the instrument applies; or

        (e)     for any other legislative instrument made by a court or tribunal, or by a member (however described) of a court or tribunal—the registrar of the court or tribunal; or

        (f)     for any other legislative instrument (other than an instrument prescribed by regulation for this paragraph)—a director-general; or

        (g)     for a legislative instrument prescribed by regulation for this paragraph—a person prescribed by regulation as an authorised person for making a notification request for the instrument.

"rule-making committee" means the rule-making committee established under the Court Procedures Act 2004

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