LEGISLATION ACT 2001 - SECT 65 Disallowance by resolution of Assembly

LEGISLATION ACT 2001 - SECT 65

    (1)     This section applies if notice of a motion to disallow a subordinate law or disallowable instrument is given in the Legislative Assembly not later than 6 sitting days after the day it is presented to the Assembly.

    (2)     If the Legislative Assembly passes a resolution to disallow the subordinate law or disallowable instrument, it is taken to be repealed—

        (a)     on the day after the day the disallowance is notified; or

        (b)     if the resolution provides that it takes effect on the day the resolution is passed—that day.

    (3)     For this chapter, the Legislative Assembly is taken to have passed a resolution to disallow the subordinate law or disallowable instrument if, at the end of 6 sitting days after the day the notice is given—

        (a)     the notice has not been withdrawn and the motion has not been called on; or

        (b)     the motion has been called on and moved, but has not been withdrawn or otherwise disposed of.

    (4)     If subsection (3) applies, the resolution is taken to be the resolution set out in the motion for the resolution.

    (5)     A disallowance under this section has effect for all purposes as if it were a repeal made by an Act.

    (6)     This section is a determinative provision.

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