COCOS (KEELING) ISLANDS ACT 1955 - SECT 13 Laying of Ordinances before the Parliament

COCOS (KEELING) ISLANDS ACT 1955 - SECT 13

  (1)   An Ordinance shall be laid before each House of the Parliament within 15 sitting days of that House after the making of the Ordinance, and, if it is not so laid before each House of the Parliament, ceases to have effect.

  (2)   If either House of the Parliament, in pursuance of a motion of which notice has been given within 15 sitting days after an Ordinance has been laid before that House, passes a resolution disallowing the Ordinance or a part of the Ordinance, the Ordinance or part so disallowed thereupon ceases to have effect.

  (3)   If, at the expiration of 15 sitting days after notice of a motion to disallow an Ordinance or part of an Ordinance has been given in a House of the Parliament, being notice given within 15 sitting days after the Ordinance has been laid before that House:

  (a)   the notice has not been withdrawn and the motion has not been called on; or

  (b)   the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;

the Ordinance or part, as the case may be, specified in the motion shall thereupon be deemed to have been disallowed.

  (3A)   If, before the expiration of 15 sitting days after notice of a motion to disallow an Ordinance or part of an Ordinance has been given in a House of the Parliament:

  (a)   the House of Representatives is dissolved or expires, or the Parliament is prorogued; and

  (b)   at the time of the dissolution, expiry or prorogation, as the case may be:

  (i)   the notice has not been withdrawn and the motion has not been called on; or

  (ii)   the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;

the Ordinance shall, for the purposes of subsections   ( 2) and (3), be deemed to have been laid before that first - mentioned House on the first sitting day of that first - mentioned House after the dissolution, expiry or prorogation, as the case may be.

  (4)   Where an Ordinance is disallowed, or is deemed to have been disallowed, under this section or ceases to have effect by virtue of the operation of subsection   ( 1), the disallowance of the Ordinance or the operation of subsection   ( 1) in relation to the Ordinance, as the case may be, has the same effect as a repeal of the Ordinance.

  (4A)   Where:

  (a)   an Ordinance (in this subsection referred to as the relevant Ordinance ) is disallowed, or is deemed to have been disallowed, under this section or ceases to have effect by virtue of the operation of subsection   ( 1); and

  (b)   the relevant Ordinance repealed, in whole or in part, another Ordinance or any other law that was in force immediately before the relevant Ordinance came into operation;

the disallowance of the relevant Ordinance or the operation of subsection   ( 1) in relation to the relevant Ordinance, as the case may be, has the effect of reviving that other Ordinance or law, as the case may be, from and including the date of the disallowance or the date on which the relevant Ordinance ceased to have effect by virtue of that operation of subsection   ( 1), as the case may be, as if the relevant Ordinance had not been made.

  (4B)   A reference in subsection   ( 4) or (4A) to an Ordinance shall be read as including a reference to a part of an Ordinance, and a reference in subsection   ( 4A) to a law has a corresponding meaning.