Australian Capital Territory Consolidated Acts

LEGISLATION ACT 2001 - SECT 65A

    (1)     If a subordinate law or disallowable instrument is disallowed, or taken to have been disallowed, under section 65, the Speaker must ask the parliamentary counsel to notify the disallowance.

    (2)     If the Speaker asks the parliamentary counsel to notify the disallowance, the parliamentary counsel must—

        (a)     notify the disallowance in the register; or

        (b)     if it is not practicable to notify the disallowance in the register—notify the disallowance in the gazette.

    (3)     If the Speaker asks the parliamentary counsel to notify the disallowance on a particular day, the parliamentary counsel must notify the disallowance on that day unless it is impracticable to do so.

    (4)     The disallowance is notified in the register by entering in the register—

        (a)     a statement that the subordinate law or disallowable instrument has been disallowed under section 65; and

        (b)     the text of the resolution passed, or taken to have been passed, by the Legislative Assembly under section 65; and

        (c)     the day when the resolution was passed or taken to have been passed; and

        (d)     the day when the subordinate law or disallowable instrument is taken to be repealed because of the resolution.

    (5)     The disallowance is notified in the gazette by publishing in the gazette—

        (a)     a statement that the subordinate law or disallowable instrument has been disallowed under section 65; and

        (b)     the text of the resolution passed, or taken to have been passed, by the Legislative Assembly under section 65; and

        (c)     the day when the resolution was passed or taken to have been passed; and

        (d)     the day when the subordinate law or disallowable instrument is taken to be repealed because of the resolution.

    (6)     If the disallowance is notified in the gazette, the parliamentary counsel must enter in the register—

        (a)     a statement that the subordinate law or disallowable instrument has been disallowed under section 65; and

        (b)     a statement that the disallowance was notified in the gazette on a stated date; and

        (c)     the text of the resolution passed, or taken to have been passed, under section 65; and

        (d)     the day when the resolution was passed or taken to have been passed; and

        (e)     the day when the subordinate law or disallowable instrument is taken to be repealed because of the resolution.

    (7)     This section is a determinative provision.

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