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STATUTORY INSTRUMENTS (TABLING AND DISALLOWANCE) LEGISLATION AMENDMENT ACT 1988 No. 99, 1988 - SCHEDULE
SCHEDULE
Section 8
CONSEQUENTIAL AMENDMENTS OF OTHER ACTS
1. The following provisions are amended by inserting "48A, 48B," before "49":
Aboriginal and Torres Strait Islander Heritage Protection Act 1984-section 15
Aboriginal and Torres Strait Islanders (Queensland Reserves and Communities
Self-management) Act 1978-subsection 10 (7)
Aboriginal Councils and Associations Act 1976-subsection 30 (7A)
Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987-subsections 15
(9) and 23 (9)
Aged or Disabled Persons Homes Act 1954-subsection 9 (4)
Australian Broadcasting Corporation Act 1983-subsection 83 (4)
Australian Capital Territory Electricity Supply Act 1962-subsection 35C (7)
Australian Capital Territory Supreme Court Act 1933-subsection 28 (3)
Australian Horticultural Corporation Act 1987-subsection 122 (3)
Australian Meat and Live-stock Corporation Act 1977-subsection 16M (1)
Australian National Railways Commission Act 1983-subsection 79 (2)
Australian Shipping Commission Act 1956-subsection 47 (2)
Bankruptcy Act 1966-subsection 315 (4)
Bass Strait Freight Adjustment Levy Act 1984-subsection 6 (5)
Bounty (Books) Act 1986-subsections 4 (9) and (10)
Bounty (Computers) Act 1984-subsection 5 (6)
Bounty (Metal Working Machines and Robots) Act 1985-subsections 6 (12), 7 (7)
and 8 (8)
Broadcasting Act 1942-subsections 17 (3) and 125E (3)
Commonwealth Borrowing Levy Collection Act 1987-subsection 4 (2)
Commonwealth Electoral Act 1918-subsection 375 (2)
Customs Act 1901-subsections 164 (5B) and 269S (2)
Dairy Industry Stabilization Act 1977-subsection 11A (6)
Defence Act 1903-subsections 58C (1), 116ZD (3) and 123G (3)
Defence Force Discipline Act 1982-subsections 68B (1) and 149 (2)
Defence (Special Undertakings) Act 1952-subsection 15 (2)
Disability Services Act 1986-subsection 31 (2)
Environment Protection (Nuclear Codes) Act 1978-subsections 14 (6) and 15 (4)
Excise Act 1901-subsections 78A (5B) and 78B (4)
Excise Tariff Act 1921-subsection 6B (13)
Explosives Act 1961-subsection 16 (2)
Export Control Act 1982-subsection 25 (4)
Extradition (Commonwealth Countries) Act 1966-subsection 8 (6)
Family Law Act 1975-section 26E and subsections 37A (14) and 123 (2)
Federal Airports Corporation Act 1986-subsection 72 (5)
Federal Court of Australia Act 1976-subsection 59 (4)
Fisheries Act 1952-subsections 7C (3) and 8A (1)
Foreign Proceedings (Excess of Jurisdiction) Act 1984-subsection 15 (1)
Health Insurance Act 1973-subsections 3A (4), 3C (4), 4BC (2), 6 (6), 22 (2),
23DB (5), 23DC (12), 23DF (13), 23DN (9), 78C (3) and 124H (3)
Health Insurance Commission Act 1973-subsection 8J (3)
Horticultural Export Charge Collection Act 1987-subsection 22 (3)
Horticultural Levy Collection Act 1987-subsection 22 (3)
Horticultural Research and Development Corporation Act 1987-subsection 81 (3)
Interstate Road Transport Act 1985-subsection 35 (1)
Judiciary Act 1903-section 87
Liquefied Petroleum Gas (Grants) Act 1980-subsection 6A (5)
Meat Inspection Act 1983-subsection 37 (3)
National Health Act 1953-subsections 5 (3), 45C (2) and 85 (2B)
Navigation Act 1912-subsection 426 (1)
Nuclear Non-proliferation (Safeguards) Act 1987-subsections 4 (7), 11 (10) and
73 (4)
Postal Services Act 1975-subsection 115 (2)
Protection of the Sea (Discharge of Oil from Ships) Act 1981-subsection 22 (1)
Protection of the Sea (Powers of Intervention) Act 1981-subsection 24 (1)
Protection of the Sea (Prevention of Pollution from Ships) Act 1983-subsection
34 (1)
Public Service Act 1922-subsection 82F (1)
Quarantine Act 1908-subsection 86E (4)
Radiocommunications Act 1983-subsections 9 (10), 20 (5), 25 (6) and 41 (8)
States Grants (Tertiary Education Assistance) Act 1984-subsections 31 (3), 36
(3), 42 (3) and 46 (5)
Telecommunications Act 1975-subsection 111 (2)
Telecommunications (Interception) Act 1979-subsection 36 (1)
Veterans' Entitlements Act 1986-subsection 29 (9)
Wildlife Protection (Regulation of Exports and Imports) Act 1982-subsection 9
(2)
2. The following Acts are amended as set out below:
Ashmore and Cartier Islands Acceptance Act 1933 Subsection 10 (1):
Omit "is void and of no effect", substitute "ceases to have effect".
Subsections 10 (5) and (5A):
Omit "becomes void and of no effect", substitute "ceases to have effect".
Subsection 10 (5A):
Omit "became void and of no effect", substitute "ceased to have effect".
Subsections 10 (6) to (9) (inclusive):
Omit the subsections.
After section 10:
Insert the following sections: Ordinance not to be re-made while required to
be tabled
"10A. (1) Where an Ordinance (in this section called the 'original Ordinance')
has been made, no Ordinance containing a provision being the same in substance
as a provision of the original Ordinance shall be made during the period
defined by subsection (2) unless both Houses of the Parliament by resolution
approve the making of an Ordinance containing a provision the same in
substance as that provision of the original Ordinance.
"(2) The period referred to in subsection (1) is the period starting on the
day on which the original Ordinance was made and ending at the end of 7 days
after:
(a) if the original Ordinance has been laid, in accordance with subsection
10 (1), before both Houses of the Parliament on the same day-that day;
(b) if the original Ordinance has been so laid before both Houses on
different days-the later of those days; or
(c) if the original Ordinance has not been so laid before both Houses-the
last day on which subsection 10 (1) could have been complied with.
"(3) If a provision of an Ordinance is made in contravention of this section,
the provision has no effect.
Ordinance not to be re-made while subject to disallowance
"10B. (1) Where notice of a motion to disallow an Ordinance has been given in
a House of the Parliament within 15 sitting days after the Ordinance has been
laid before that House, no Ordinance containing a provision being the same in
substance as a provision of the first-mentioned Ordinance shall be made
unless:
(a) the notice has been withdrawn;
(b) the Ordinance is deemed to have been disallowed under subsection 10
(3);
(c) the motion has been withdrawn or otherwise disposed of; or
(d) subsection 10 (4) has applied in relation to the Ordinance.
"(2) Where:
(a) because of subsection 10 (4), an Ordinance is deemed to have been laid
before a House of the Parliament on a particular day; and
(b) notice of a motion to disallow the Ordinance has been given in that
House within 15 sitting days after that day; no Ordinance containing a
provision being the same in substance as a provision of the
first-mentioned Ordinance shall be made unless:
(c) the notice has been withdrawn;
(d) the Ordinance is deemed to have been disallowed under subsection 10
(3);
(e) the motion has been withdrawn or otherwise disposed of; or
(f) subsection 10 (4) has applied again in relation to the Ordinance.
"(3) If a provision of an Ordinance is made in contravention of this section,
the provision has no effect.
"(4) This section does not limit the operation of section 10A or 10C.
"(5) In this section:
'Ordinance' includes a part of an Ordinance.
Disallowed Ordinance not to be re-made unless resolution rescinded or House
approves
"10C. If an Ordinance or a part of an Ordinance is disallowed, or is deemed to
have been disallowed, under section 10, and an Ordinance containing a
provision being the same in substance as a provision so disallowed, or deemed
to have been disallowed, is made within 6 months after the date of the
disallowance, that provision has no effect, unless:
(a) in the case of an Ordinance, or a part of an Ordinance, disallowed by
resolution-the resolution has been rescinded by the House of the
Parliament by which it was passed; or
(b) in the case of an Ordinance, or a part of an Ordinance, deemed to have
been disallowed-the House of the Parliament in which notice of the
motion to disallow the Ordinance or part was given has approved, by
resolution, the making of a provision the same in substance as the
provision deemed to have been disallowed.
Regulations, rules and by-laws
"10D. (1) All regulations made under an Ordinance shall be laid before each
House of the Parliament within 15 sitting days of that House after the day on
which the regulations are made and, if they are not so laid before each House
of the Parliament, have no effect.
"(2) Subsections 10 (2) to (5B), inclusive, and sections 10A, 10B and 10C
apply in relation to regulations laid before a House of the Parliament as if,
in those provisions, references to an Ordinance were references to regulations
and references to a provision of an Ordinance were references to a regulation.
"(3) In this section, 'regulations' includes rules and by-laws.".
Australian Antarctic Territory Act 1954 Subsection 12 (1):
Omit "shall be void and of no effect", substitute "ceases to have effect".
Subsection 12 (2):
Omit "shall thereupon cease to have effect", substitute "thereupon ceases to
have effect".
Subsections 12 (4) and (4A):
Omit "becomes void and of no effect", substitute "ceases to have effect".
Subsection 12 (4A):
Omit "became void and of no effect", substitute "ceased to have effect".
Subsections 12 (5) to (8) (inclusive):
Omit the subsections.
After section 12:
Insert the following sections: Ordinance not to be re-made while required to
be tabled
"12A. (1) Where an Ordinance (in this section called the 'original Ordinance')
has been made, no Ordinance containing a provision being the same in substance
as a provision of the original Ordinance shall be made during the period
defined by subsection (2) unless both Houses of the Parliament by resolution
approve the making of an Ordinance containing a provision the same in
substance as that provision of the original Ordinance.
"(2) The period referred to in subsection (1) is the period starting on the
day on which the original Ordinance was made and ending at the end of 7 days
after:
(a) if the original Ordinance has been laid, in accordance with subsection
12 (1), before both Houses of the Parliament on the same day-that day;
(b) if the original Ordinance has been so laid before both Houses on
different days-the later of those days; or
(c) if the original Ordinance has not been so laid before both Houses-the
last day on which subsection 12 (1) could have been complied with.
"(3) If a provision of an Ordinance is made in contravention of this section,
the provision has no effect.
Ordinance not to be re-made while subject to disallowance
"12B. (1) Where notice of a motion to disallow an Ordinance has been given in
a House of the Parliament within 15 sitting days after the Ordinance has been
laid before that House, no Ordinance containing a provision being the same in
substance as a provision of the first-mentioned Ordinance shall be made
unless:
(a) the notice has been withdrawn;
(b) the Ordinance is deemed to have been disallowed under subsection 12
(3);
(c) the motion has been withdrawn or otherwise disposed of; or
(d) subsection 12 (3A) has applied in relation to the Ordinance.
"(2) Where:
(a) because of subsection 12 (3A), an Ordinance is deemed to have been
laid before a House of the Parliament on a particular day; and
(b) notice of a motion to disallow the Ordinance has been given in that
House within 15 sitting days after that day; no Ordinance containing a
provision being the same in substance as a provision of the
first-mentioned Ordinance shall be made unless:
(c) the notice has been withdrawn;
(d) the Ordinance is deemed to have been disallowed under subsection 12
(3);
(e) the motion has been withdrawn or otherwise disposed of; or
(f) subsection 12 (3A) has applied again in relation to the Ordinance.
"(3) If a provision of an Ordinance is made in contravention of this section,
the provision has no effect.
"(4) This section does not limit the operation of section 12A or 12C.
"(5) In this section:
'Ordinance' includes a part of an Ordinance.
Disallowed Ordinance not to be re-made unless resolution rescinded or House
approves
"12C. If an Ordinance or a part of an Ordinance is disallowed, or is deemed to
have been disallowed, under section 12, and an Ordinance containing a
provision being the same in substance as a provision so disallowed, or deemed
to have been disallowed, is made within 6 months after the date of the
disallowance, that provision has no effect, unless:
(a) in the case of an Ordinance, or a part of an Ordinance, disallowed by
resolution-the resolution has been rescinded by the House of the
Parliament by which it was passed; or
(b) in the case of an Ordinance, or a part of an Ordinance, deemed to have
been disallowed-the House of the Parliament in which notice of the
motion to disallow the Ordinance or part was given has approved, by
resolution, the making of a provision the same in substance as the
provision deemed to have been disallowed.
Regulations, rules and by-laws
"12D. (1) All regulations made under an Ordinance shall be laid before each
House of the Parliament within 15 sitting days of that House after the day on
which the regulations are made and, if they are not so laid before each House
of the Parliament, have no effect.
"(2) Subsections 12 (2) to (4B), inclusive, and sections 12A, 12B and 12C
apply in relation to regulations laid before a House of the Parliament as if,
in those provisions, references to an Ordinance were references to regulations
and references to a provision of an Ordinance were references to a regulation.
"(3) In this section, 'regulations' includes rules and by-laws.".
Christmas Island Act 1958 Subsection 10 (1):
Omit "shall be void and of no effect", substitute "ceases to have effect".
Subsection 10 (2):
Omit "shall thereupon cease to have effect", substitute "thereupon ceases to
have effect".
Subsections 10 (4) and (4A):
Omit "becomes void and of no effect", substitute "ceases to have effect".
Subsection 10 (4A):
Omit "became void and of no effect", substitute "ceased to have effect".
Subsections 10 (5) to (8) (inclusive):
Omit the subsections.
After section 10:
Insert the following sections in Part III: Ordinance not to be re-made while
required to be tabled
"10A. (1) Where an Ordinance (in this section called the 'original Ordinance')
has been made, no Ordinance containing a provision being the same in substance
as a provision of the original Ordinance shall be made during the period
defined by subsection (2) unless both Houses of the Parliament by resolution
approve the making of an Ordinance containing a provision the same in
substance as that provision of the original Ordinance.
"(2) The period referred to in subsection (1) is the period starting on the
day on which the original Ordinance was made and ending at the end of 7 days
after:
(a) if the original Ordinance has been laid, in accordance with subsection
10 (1), before both Houses of the Parliament on the same day-that day;
(b) if the original Ordinance has been so laid before both Houses on
different days-the later of those days; or
(c) if the original Ordinance has not been so laid before both Houses-the
last day on which subsection 10 (1) could have been complied with.
"(3) If a provision of an Ordinance is made in contravention of this section,
the provision has no effect.
Ordinance not to be re-made while subject to disallowance
"10B. (1) Where notice of a motion to disallow an Ordinance has been given in
a House of the Parliament within 15 sitting days after the Ordinance has been
laid before that House, no Ordinance containing a provision being the same in
substance as a provision of the first-mentioned Ordinance shall be made
unless:
(a) the notice has been withdrawn;
(b) the Ordinance is deemed to have been disallowed under subsection 10
(3);
(c) the motion has been withdrawn or otherwise disposed of; or
(d) subsection 10 (3A) has applied in relation to the Ordinance.
"(2) Where:
(a) because of subsection 10 (3A), an Ordinance is deemed to have been
laid before a House of the Parliament on a particular day; and
(b) notice of a motion to disallow the Ordinance has been given in that
House within 15 sitting days after that day; no Ordinance containing a
provision being the same in substance as a provision of the
first-mentioned Ordinance shall be made unless:
(c) the notice has been withdrawn;
(d) the Ordinance is deemed to have been disallowed under subsection 10
(3);
(e) the motion has been withdrawn or otherwise disposed of; or
(f) subsection 10 (3A) has applied again in relation to the Ordinance.
"(3) If a provision of an Ordinance is made in contravention of this section,
the provision has no effect.
"(4) This section does not limit the operation of section 10A or 10C.
"(5) In this section:
'Ordinance' includes a part of an Ordinance.
Disallowed ordinance not to be re-made unless resolution rescinded or House
approves
"10C. If an Ordinance or a part of an Ordinance is disallowed, or is deemed to
have been disallowed, under section 10, and an Ordinance containing a
provision being the same in substance as a provision so disallowed, or deemed
to have been disallowed, is made within 6 months after the date of the
disallowance, that provision has no effect, unless:
(a) in the case of an Ordinance, or a part of an Ordinance, disallowed by
resolution-the resolution has been rescinded by the House of the
Parliament by which it was passed; or
(b) in the case of an Ordinance, or a part of an Ordinance, deemed to have
been disallowed-the House of the Parliament in which notice of the
motion to disallow the Ordinance or part was given has approved, by
resolution, the making of a provision the same in substance as the
provision deemed to have been disallowed.
Regulations, rules and by-laws
"10D. (1) All regulations made under an Ordinance or any other law (not being
an Act) in force in the Territory shall be laid before each House of the
Parliament within 15 sitting days of that House after the day on which the
regulations are made and, if they are not so laid before each House of the
Parliament, have no effect.
"(2) Subsections 10 (2) to (4B), inclusive, and sections 10A, 10B and 10C
apply in relation to regulations laid before a House of the Parliament as if,
in those provisions, references to an Ordinance were references to regulations
and references to a provision of an Ordinance were references to a regulation.
"(3) In this section, 'regulations' includes rules and by-laws.".
Cocos (Keeling) Islands Act 1955 Subsection 13 (1):
Omit "shall be void and of no effect", substitute "ceases to have effect".
Subsection 13 (2):
Omit "shall thereupon cease to have effect", substitute "thereupon ceases to
have effect".
Subsections 13 (4) and (4A):
Omit "becomes void and of no effect", substitute "ceases to have effect".
Subsection 13 (4A):
Omit "became void and of no effect", substitute "ceased to have effect".
Subsections 13 (5) to (8) (inclusive):
Omit the subsections.
After section 13:
Insert the following sections in Part III: Ordinance not to be re-made while
required to be tabled
"13A. (1) Where an Ordinance (in this section called the 'original Ordinance')
has been made, no Ordinance containing a provision being the same in substance
as a provision of the original Ordinance shall be made during the period
defined by subsection (2) unless both Houses of the Parliament by resolution
approve the making of an Ordinance containing a provision the same in
substance as that provision of the original Ordinance.
"(2) The period referred to in subsection (1) is the period starting on the
day on which the original Ordinance was made and ending at the end of 7 days
after:
(a) if the original Ordinance has been laid, in accordance with subsection
13 (1), before both Houses of the Parliament on the same day-that day;
(b) if the original Ordinance has been so laid before both Houses on
different days-the later of those days; or
(c) if the original Ordinance has not been so laid before both Houses-the
last day on which subsection 13 (1) could have been complied with.
"(3) If a provision of an Ordinance is made in contravention of this section,
the provision has no effect.
Ordinance not to be re-made while subject to disallowance
"13B. (1) Where notice of a motion to disallow an Ordinance has been given in
a House of the Parliament within 15 sitting days after the Ordinance has been
laid before that House, no Ordinance containing a provision being the same in
substance as a provision of the first-mentioned Ordinance shall be made
unless:
(a) the notice has been withdrawn;
(b) the Ordinance is deemed to have been disallowed under subsection 13
(3);
(c) the motion has been withdrawn or otherwise disposed of; or
(d) subsection 13 (3A) has applied in relation to the Ordinance.
"(2) Where:
(a) because of subsection 13 (3A), an Ordinance is deemed to have been
laid before a House of the Parliament on a particular day; and
(b) notice of a motion to disallow the Ordinance has been given in that
House within 15 sitting days after that day; no Ordinance containing a
provision being the same in substance as a provision of the
first-mentioned Ordinance shall be made unless:
(c) the notice has been withdrawn;
(d) the Ordinance is deemed to have been disallowed under subsection 13
(3);
(e) the motion has been withdrawn or otherwise disposed of; or
(f) subsection 13 (3A) has applied again in relation to the Ordinance.
"(3) If a provision of an Ordinance is made in contravention of this section,
the provision has no effect.
"(4) This section does not limit the operation of section 13A or 13C.
"(5) In this section:
'Ordinance' includes a part of an Ordinance.
Disallowed Ordinance not to be re-made unless resolution rescinded or House
approves
"13C. If an Ordinance or a part of an Ordinance is disallowed, or is deemed to
have been disallowed, under section 13, and an Ordinance containing a
provision being the same in substance as a provision so disallowed, or deemed
to have been disallowed, is made within 6 months after the date of the
disallowance, that provision has no effect, unless:
(a) in the case of an Ordinance, or a part of an Ordinance, disallowed by
resolution-the resolution has been rescinded by the House of the
Parliament by which it was passed; or
(b) in the case of an Ordinance, or a part of an Ordinance, deemed to have
been disallowed-the House of the Parliament in which notice of the
motion to disallow the Ordinance or part was given has approved, by
resolution, the making of a provision the same in substance as the
provision deemed to have been disallowed.
Regulations, rules and by-laws
"13D. (1) All regulations made under an Ordinance shall be laid before each
House of the Parliament within 15 sitting days of that House after the day on
which the regulations are made and, if they are not so laid before each House
of the Parliament, have no effect.
"(2) Subsections 13 (2) to (4B), inclusive, and sections 13A, 13B and 13C
apply in relation to regulations laid before a House of the Parliament as if,
in those provisions, references to an Ordinance were references to regulations
and references to a provision of an Ordinance were references to a regulation.
"(3) In this section, 'regulations' includes rules and by-laws.".
Coral Sea Islands Act 1969 Subsection 7 (1):
Omit 'is void and of no effect", substitute "ceases to have effect".
Subsections 7 (5) and (5A):
Omit "becomes void and of no effect", substitute "ceases to have effect".
Subsection 7 (5A):
Omit "became void and of no effect", substitute "ceased to have effect".
Subsections 7 (6) to (9) (inclusive):
Omit the subsections.
After section 7:
Insert the following sections: Ordinance not to be re-made while required to
be tabled
"7A. (1) Where an Ordinance (in this section called the 'original Ordinance')
has been made, no Ordinance containing a provision being the same in substance
as a provision of the original Ordinance shall be made during the period
defined by subsection (2) unless both Houses of the Parliament by resolution
approve the making of an Ordinance containing a provision the same in
substance as that provision of the original Ordinance.
"(2) The period referred to in subsection (1) is the period starting on the
day on which the original Ordinance was made and ending at the end of 7 days
after:
(a) if the original Ordinance has been laid, in accordance with subsection
7 (1), before both Houses of the Parliament on the same day-that day;
(b) if the original Ordinance has been so laid before both Houses on
different days-the later of those days; or
(c) if the original Ordinance has not been so laid before both Houses-the
last day on which subsection 7 (1) could have been complied with.
"(3) If a provision of an Ordinance is made in contravention of this section,
the provision has not effect.
Ordinance not to be re-made while subject to disallowance
"7B. (1) Where notice of a motion to disallow an Ordinance has been given in a
House of the Parliament within 15 sitting days after the Ordinance has been
laid before that House, no Ordinance containing a provision being the same in
substance as a provision of the first-mentioned Ordinance shall be made
unless:
(a) the notice has been withdrawn;
(b) the Ordinance is deemed to have been disallowed under subsection 7
(3);
(c) the motion has been withdrawn or otherwise disposed of; or
(d) subsection 7 (4) has applied in relation to the Ordinance.
"(2) Where:
(a) because of subsection 7 (4), an Ordinance is deemed to have been laid
before a House of the Parliament on a particular day; and
(b) notice of a motion to disallow the Ordinance has been given in that
House within 15 sitting days after that day; no Ordinance containing a
provision being the same in substance as a provision of the
first-mentioned Ordinance shall be made unless:
(c) the notice has been withdrawn;
(d) the Ordinance is deemed to have been disallowed under subsection 7
(3);
(e) the motion has been withdrawn or otherwise disposed of; or
(f) subsection 7 (4) has applied again in relation to the Ordinance.
"(3) If a provision of an Ordinance is made in contravention of this section,
the provision has no effect.
"(4) This section does not limit the operation of section 7A or 7C.
"(5) In this section:
'Ordinance' includes a part of an Ordinance.
Disallowed Ordinance not to be re-made unless resolution rescinded or House
approves
"7C. If an Ordinance or a part of an Ordinance is disallowed, or is deemed to
have been disallowed, under section 7, and an Ordinance containing a provision
being the same in substance as a provision so disallowed, or deemed to have
been disallowed, is made within 6 months after the date of the disallowance,
that provision has no effect, unless:
(a) in the case of an Ordinance, or a part of an Ordinance, disallowed by
resolution-the resolution has been rescinded by the House of the
Parliament by which it was passed; or
(b) in the case of an Ordinance, or a part of an Ordinance, deemed to have
been disallowed-the House of the Parliament in which notice of the
motion to disallow the Ordinance or part was given has approved, by
resolution, the making of a provision the same in substance as the
provision deemed to have been disallowed.
Regulations, rules and by-laws
"7D. (1) All regulations made under an Ordinance shall be laid before each
House of the Parliament within 15 sitting days of that House after the day on
which the regulations are made and, if they are not so laid before each House
of the Parliament, have no effect.
"(2) Subsections 7 (2) to (5B), inclusive, and sections 7A, 7B and 7C apply in
relation to regulations laid before a House of the Parliament as if, in those
provisions, references to an Ordinance were references to regulations and
references to a provision of an Ordinance were references to a regulation.
"(3) In this section, 'regulations' includes rules and by-laws.".
Crimes (Foreign Incursions and Recruitment) Act 1978 Subsection 9 (4):
Omit "section 49", substitute "sections 48A, 48B and 49".
Environment Protection (Impact of Proposals) Act 1974 Subsection 7 (2):
Omit "shall be void and of no effect", substitute "ceases to have effect".
Subsection 7 (3):
Omit "shall thereupon cease to have effect", substitute "thereupon ceases to
have effect".
Subsections 7 (6) and (7):
Omit "becomes void and of no effect", substitute "ceases to have effect".
Subsection 7 (7):
Omit "became void and of no effect", substitute "ceased to have effect".
After section 7:
Insert the following sections: Order not to be re-made while required to be
tabled
"7A. (1) Where an order (in this section called the 'original order') has been
made, no order containing a provision being the same in substance as a
provision of the original order shall be made during the period defined by
subsection (2) unless both Houses of the Parliament by resolution approve the
making of an order containing a provision the same in substance as that
provision of the original order.
"(2) The period referred to in subsection (1) is the period starting on the
day on which the original order was made and ending at the end of 7 days
after:
(a) if the original order has been laid, in accordance with subsection 7
(1), before both Houses of the Parliament on the same day-that day;
(b) if the original order has been so laid before both Houses on different
days-the later of those days; or
(c) if the original order has not been so laid before both Houses-the last
day on which subsection 7 (1) could have been complied with.
"(3) If a provision of an order is made in contravention of this section, the
provision has no effect.
Order not to be re-made while subject to disallowance
"7B. (1) Where notice of a motion to disallow an order has been given in a
House of the Parliament within 15 sitting days after the order has been laid
before that House, no order containing a provision being the same in substance
as a provision of the first-mentioned order shall be made unless:
(a) the notice has been withdrawn;
(b) the order is deemed to have been disallowed under subsection 7 (4);
(c) the motion has been withdrawn or otherwise disposed of; or
(d) subsection 7 (5) has applied in relation to the order.
"(2) Where:
(a) because of subsection 7 (5), an order is deemed to have been laid
before a House of the Parliament on a particular day; and
(b) notice of a motion to disallow the order has been given in that House
within 15 sitting days after that day; no order containing a provision
being the same in substance as a provision of the first-mentioned
order shall be made unless:
(c) the notice has been withdrawn;
(d) the order is deemed to have been disallowed under subsection 7 (4);
(e) the motion has been withdrawn or otherwise disposed of; or
(f) subsection 7 (5) has applied again in relation to the order.
"(3) If a provision of an order is made in contravention of this section, the
provision has no effect.
"(4) This section does not limit the operation of section 7A or 7C.
"(5) In this section:
'order' includes a part of an order.
Disallowed order not to be re-made unless resolution rescinded or House
approves "7C. If an order or a part of an order is disallowed, or is deemed to
have been disallowed, under section 7, and an order containing a provision
being the same in substance as a provision so disallowed, or deemed to have
been disallowed, is made within 6 months after the date of the disallowance,
that provision has no effect, unless:
(a) in the case of an order, or a part of an order, disallowed by
resolution-the resolution has been rescinded by the House of the
Parliament by which it was passed; or
(b) in the case of an order, or a part of an order, deemed to have been
disallowed-the House of the Parliament in which notice of the motion
to disallow the order or part was given has approved, by resolution,
the making of a provision the same in substance as the provision
deemed to have been disallowed.".
Heard Island and McDonald Islands Act 1953 Subsection 11 (1):
Omit "shall be void and of no effect", substitute "ceases to have effect".
Subsection 11 (2):
Omit "shall thereupon cease to have effect", substitute "thereupon ceases to
have effect".
Subsections 11 (4) and (4A):
Omit "becomes void and of no effect", substitute "ceases to have effect".
Subsection 11 (4A):
Omit "became void and of no effect", substitute "ceased to have effect".
Subsections 11 (5) to (8) (inclusive):
Omit the subsections.
After section 11:
Insert the following sections: Ordinance not to be re-made while required to
be tabled
"11A. (1) where an Ordinance (in this section called the 'original Ordinance')
has been made, no Ordinance containing a provision being the same in substance
as a provision of the original Ordinance shall be made during the period
defined by subsection (2) unless both Houses of the Parliament by resolution
approve the making of an Ordinance containing a provision the same in
substance as that provision of the original Ordinance.
"(2) The period referred to in subsection (1) is the period starting on the
day on which the original Ordinance was made and ending at the end of 7 days
after:
(a) if the original Ordinance has been laid, in accordance with subsection
11 (1), before both Houses of the Parliament on the same day-that day;
(b) if the original Ordinance has been so laid before both Houses on
different days-the later of those days; or
(c) if the original Ordinance has not been so laid before both Houses-the
last day on which subsection 11 (1) could have been complied with.
"(3) If a provision of an Ordinance is made in contravention of this section,
the provision has no effect.
Ordinance not to be re-made while subject to disallowance
"11B. (1) Where notice of a motion to disallow an Ordinance has been given in
a House of the Parliament within 15 sitting days after the Ordinance has been
laid before that House, no Ordinance containing a provision being the same in
substance as a provision of the first-mentioned Ordinance shall be made
unless:
(a) the notice has been withdrawn;
(b) the Ordinance is deemed to have been disallowed under subsection 11
(3);
(c) the motion has been withdrawn or otherwise disposed of; or
(d) subsection 11 (3A) has applied in relation to the Ordinance.
"(2) Where:
(a) because of subsection 11 (3A), an Ordinance is deemed to have been
laid before a House of the Parliament on a particular day; and
(b) notice of a motion to disallow the Ordinance has been given in that
House within 15 sitting days after that day; no Ordinance containing a
provision being the same in substance as a provision of the
first-mentioned Ordinance shall be made unless:
(c) the notice has been withdrawn;
(d) the Ordinance is deemed to have been disallowed under subsection 11
(3);
(e) the motion has been withdrawn or otherwise disposed of; or
(f) subsection 11 (3A) has applied again in relation to the Ordinance.
"(3) If a provision of an Ordinance is made in contravention of this section,
the provision has no effect.
"(4) This section does not limit the operation of section 11A or 11C.
"(5) In this section:
'Ordinance' includes a part of an Ordinance.
Disallowed Ordinance not to be re-made unless resolution rescinded or House
approves
"11C. If an Ordinance or a part of an Ordinance is disallowed, or is deemed to
have been disallowed, under section 11, and an Ordinance containing a
provision being the same in substance as a provision so disallowed, or deemed
to have been disallowed, is made within 6 months after the date of the
disallowance, that provision has no effect, unless:
(a) in the case of an Ordinance, or a part of an Ordinance, disallowed by
resolution-the resolution has been rescinded by the House of the
Parliament by which it was passed; or
(b) in the case of an Ordinance, or a part of an Ordinance, deemed to have
been disallowed-the House of the Parliament in which notice of the
motion to disallow the Ordinance or part was given has approved, by
resolution, the making of a provision the same in substance as the
provision deemed to have been disallowed.
Regulations, rules and by-laws
"11D. (1) All regulations made under an Ordinance shall be laid before each
House of the Parliament within 15 sitting days of that House after the day on
which the regulations are made and, if they are not so laid before each House
of the Parliament, have no effect.
"(2) Subsections 11 (2) to (4B), inclusive, and sections 11A, 11B and 11C
apply in relation to regulations laid before a House of the Parliament as if,
in those provisions, references to an Ordinance were references to regulations
and references to a provision of an Ordinance were references to a regulation.
"(3) In this section, 'regulations' includes rules and by-laws.".
High Court of Australia Act 1979 Subsection 19 (4):
Omit "section 49", substitute "sections 48A, 48B and 49".
Human Rights and Equal Opportunity Commission Act 1986 Subsection 47 (3):
Omit "section 49", substitute "sections 48A, 48B and 49".
Norfolk Island Act 1979 Subsection 28 (2):
Omit "shall be void and of no effect", substitute "ceases to have effect".
Subsection 28 (3):
Omit "shall thereupon cease to have effect", substitute "thereupon ceases to
have effect".
Subsections 28 (6) and (7):
Omit "becomes void and of no effect", substitute "ceases to have effect".
Subsection 28 (7):
Omit "became void and of no effect", substitute "ceased to have effect".
Subsection 28 (8):
Omit the subsection.
After section 28:
Insert the following sections: Ordinance not to be re-made while required to
be tabled
"28AA. (1) Where an Ordinance (in this section called the 'original
Ordinance') has been made, no Ordinance containing a provision being the same
in substance as a provision of the original Ordinance shall be made during the
period defined by subsection (2) unless both Houses of the Parliament by
resolution approve the making of an Ordinance containing a provision the same
in substance as that provision of the original Ordinance.
"(2) The period referred to in subsection (1) is the period starting on the
day on which the original Ordinance was made and ending at the end of 7 days
after:
(a) if the original Ordinance has been laid, in accordance with subsection
28 (2), before both Houses of the Parliament on the same day-that day;
(b) if the original Ordinance has been so laid before both Houses on
different days-the later of those days; or
(c) if the original Ordinance has not been so laid before both Houses-the
last day on which subsection 28 (2) could have been complied with.
"(3) If a provision of an Ordinance is made in contravention of this section,
the provision has no effect.
Ordinance not to be re-made while subject to disallowance
"28AB. (1) Where notice of a motion to disallow an Ordinance has been given in
a House of the Parliament within 15 sitting days after the ordinance has been
laid before that House, no Ordinance containing a provision being the same in
substance as a provision of the first-mentioned Ordinance shall be made
unless:
(a) the notice has been withdrawn;
(b) the Ordinance is deemed to have been disallowed under subsection 28
(4);
(c) the motion has been withdrawn or otherwise disposed of; or
(d) subsection 28 (5) has applied in relation to the Ordinance.
"(2) Where:
(a) because of subsection 28 (5), an Ordinance is deemed to have been laid
before a House of the Parliament on a particular day; and
(b) notice of a motion to disallow the Ordinance has been given in that
House within 15 sitting days after that day; no Ordinance containing a
provision being the same in substance as a provision of the
first-mentioned Ordinance shall be made unless:
(c) the notice has been withdrawn;
(d) the Ordinance is deemed to have been disallowed under subsection 28
(4);
(e) the motion has been withdrawn or otherwise disposed of; or
(f) subsection 28 (5) has applied again in relation to the Ordinance.
"(3) If a provision of an Ordinance is made in contravention of this section,
the provision has no effect.
"(4) This section does not limit the operation of section 28AA or 28AC.
"(5) In this section:
'Ordinance' includes a part of an Ordinance.
Disallowed Ordinance not to be re-made unless resolution rescinded or House
approves
"28AC. If an Ordinance or a part of an Ordinance is disallowed, or is deemed
to have been disallowed, under section 28, and an Ordinance containing a
provision being the same in substance as a provision so disallowed, or deemed
to have been disallowed, is made within 6 months after the date of the
disallowance, that provision has no effect, unless:
(a) in the case of an Ordinance, or a part of an Ordinance, disallowed by
resolution-the resolution has been rescinded by the House of the
Parliament by which it was passed; or
(b) in the case of an Ordinance, or a part of an Ordinance, deemed to have
been disallowed-the House of the Parliament in which notice of the
motion to disallow the Ordinance or part was given has approved, by
resolution, the making of a provision the same in substance as the
provision deemed to have been disallowed.
Application of sections 28AA, 28AB and 28AC
"28AD. Sections 28AA, 28AB and 28AC apply to Ordinances made by the
Governor-General under section 27.".
Subsection 28A (3):
Omit "28 (3) to (8), inclusive,", substitute "28 (3) to (7), inclusive, and
sections 28AA, 28AB and 28AC".
Seat of Government (Administration) Act 1910 Subsection 12 (3):
Omit "shall be void and of no effect", substitute "ceases to have effect".
Subsection 12 (4):
Omit "shall thereupon cease to have effect", substitute "thereupon ceases to
have effect".
Subsections 12 (6) and (6A):
Omit "becomes void and of no effect", substitute "ceases to have effect".
Subsection 12 (6A):
Omit "became void and of no effect", substitute "ceased to have effect".
Subsections 12 (7) to (10) (inclusive):
Omit the subsections.
After section 12:
Insert the following sections in Part III: Ordinance not to be re-made while
required to be tabled
"12AA. (1) Where an Ordinance (in this section called the 'original
Ordinance') has been made, no Ordinance containing a provision being the same
in substance as a provision of the original Ordinance shall be made during the
period defined by subsection (2) unless both Houses of the Parliament by
resolution approve the making of an Ordinance containing a provision the same
in substance as that provision of the original Ordinance.
"(2) The period referred to in subsection (1) is the period starting on the
day on which the original Ordinance was made and ending at the end of 7 days
after:
(a) if the original Ordinance has been laid, in accordance with subsection
12 (2), before both Houses of the Parliament on the same day-that day;
(b) if the original Ordinance has been so laid before both Houses on
different days-the later of those days; or
(c) if the original Ordinance has not been so laid before both Houses-the
last day on which subsection 12 (2) could have been complied with.
"(3) If a provision of an Ordinance is made in contravention of this section,
the provision has no effect.
Ordinance not to be re-made while subject to disallowance
"12AB. (1) Where notice of a motion to disallow an Ordinance has been given in
a House of the Parliament within 15 sitting days after the Ordinance has been
laid before that House, no Ordinance containing a provision being the same in
substance as a provision of the first-mentioned Ordinance shall be made
unless:
(a) the notice has been withdrawn;
(b) the Ordinance is deemed to have been disallowed under subsection 12
(5);
(c) the motion has been withdrawn or otherwise disposed of; or
(d) subsection 12 (5A) has applied in relation to the Ordinance.
"(2) Where:
(a) because of subsection 12 (5A), an Ordinance is deemed to have been
laid before a House of the Parliament on a particular day; and
(b) notice of a motion to disallow the Ordinance has been given in that
House within 15 sitting days after that day; no Ordinance containing a
provision being the same in substance as a provision of the
first-mentioned Ordinance shall be made unless:
(c) the notice has been withdrawn;
(d) the Ordinance is deemed to have been disallowed under subsection 12
(5);
(e) the motion has been withdrawn or otherwise disposed of; or
(f) subsection 12 (5A) has applied again in relation to the Ordinance.
"(3) If a provision of an Ordinance is made in contravention of this section,
the provision has no effect.
"(4) This section does not limit the operation of section 12AA or 12AC.
"(5) In this section:
'Ordinance' includes a part of an Ordinance.
Disallowed Ordinance not to be re-made unless resolution rescinded or House
approves
"12AC. If an Ordinance or a part of an Ordinance is disallowed, or is deemed
to have been disallowed, under section 12, and an Ordinance containing a
provision being the same in substance as a provision so disallowed, or deemed
to have been disallowed, is made within 6 months after the date of the
disallowance, that provision has no effect, unless:
(a) in the case of an Ordinance, or a part of an Ordinance, disallowed by
resolution-the resolution has been rescinded by the House of the
Parliament by which it was passed; or
(b) in the case of an Ordinance, or a part of an Ordinance, deemed to have
been disallowed-the House of the Parliament in which notice of the
motion to disallow the Ordinance or part was given has approved, by
resolution, the making of a provision the same in substance as the
provision deemed to have been disallowed.
Regulations, rules and by-laws
"12AD. (1) All regulations made under an Ordinance shall be laid before each
House of the Parliament within 15 sitting days of that House after the day on
which the regulations are made and, if they are not so laid before each House
of the Parliament, have no effect.
"(2) Subsections 12 (4) to (6B), inclusive, and sections 12AA, 12AB and 12AC
apply in relation to regulations laid before a House of the Parliament as if,
in those provisions, references to an Ordinance were references to regulations
and references to a provision of an Ordinance were references to a regulation.
"(3) In this section, 'regulations' includes rules and by-laws.
Determinations of fees or charges
"12AE. (1) Every determination shall be laid before each House of the
Parliament within 15 sitting days of that House after the day on which the
determination is made and, if it is not so laid before each House of the
Parliament, has no effect.
"(2) Subsections 12 (4) to (6B), inclusive, and sections 12AA, 12AB and 12AC
apply in relation to a determination laid before a House of the Parliament as
if, in those provisions, references to an Ordinance were references to a
determination.
"(3) In this section:
'determination' means a determination made by a Minister under an Ordinance
empowering the Minister to determine, by notice published in the Gazette, fees
or charges for the purposes of the Ordinance.".
States Grants (Petroleum Products) Act 1965 Subsection 7A (2):
After "48" insert ", 48A, 48B".
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