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CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 15 Disallowance of regulations

CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 15

Disallowance of regulations

Scope

             (1)  This section applies to regulations made for the purposes of section 14.

Disallowance

             (2)  Either House of the Parliament may, following a motion upon notice, pass a resolution disallowing the regulations. For the resolution to be effective:

                     (a)  the notice must be given in that House within 15 sitting days of that House after the copy of the regulations was tabled in the House under section 38 of the Legislative Instruments Act 2003 ; and

                     (b)  the resolution must be passed, in pursuance of the motion, within 15 sitting days of that House after the giving of that notice.

             (3)  If neither House passes such a resolution, the regulations take effect on the day immediately after the last day upon which such a resolution could have been passed if it were assumed that notice of a motion to disallow the regulations was given in each House on the last day of the 15 sitting day period of that House mentioned in paragraph (2)(a).

             (4)  Section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the regulations.

Note 1:       The 15 sitting day notice period mentioned in paragraph (2)(a) of this section is the same as the 15 sitting day notice period mentioned in paragraph 42(1)(a) of the Legislative Instruments Act 2003 .

Note 2:       The 15 sitting day disallowance period mentioned in paragraph (2)(b) of this section is the same as the 15 sitting day disallowance period mentioned in paragraph 42(1)(b) of the Legislative Instruments Act 2003 .