INTERPRETATION ACT 1987 - SECT 41
Disallowance of statutory rules
INTERPRETATION ACT 1987 - SECT 41
Disallowance of statutory rules
41 Disallowance of statutory rules
(1) Either House of Parliament may pass a resolution disallowing a statutory
rule--
(a) at any time before the relevant written notice is laid before the
House, or
(b) at any time after the relevant written notice is laid before
the House, but only if notice of the resolution was given within 15 sitting
days of the House after the relevant written notice was so laid.
(2) On the
passing of a resolution disallowing a statutory rule, the rule shall cease to
have effect.
(3) The disallowance of a statutory rule has the same effect as
a repeal of the rule.
(4) If--
(a) a statutory rule ceases to have effect by
virtue of its disallowance, and
(b) the rule amended or repealed some other
Act or statutory rule that was in force immediately before the rule took
effect,
the disallowance of the rule has the effect of restoring or reviving
the other Act or statutory rule, as it was immediately before it was amended
or repealed, as if the rule had not been made.
(5) The restoration or revival
of an Act or statutory rule pursuant to subsection (4) takes effect on the day
on which the statutory rule by which it was amended or repealed ceases to have
effect.
(6) This section applies to a portion of a statutory rule in the same
way as it applies to the whole of a statutory rule.
(7) Any provision of an
Act that relates to the disallowance of statutory rules made under the Act is
of no effect.
(8) This section does not apply to the Standing Rules and
Orders of the Legislative Council and Legislative Assembly.
(9) This section
does not limit any provision of an Act (for example, section 14A (6) of the
Constitution Act 1902 ) that provides that a statutory rule shall not cease to
have effect upon its disallowance by either House of Parliament unless it has
previously been disallowed by the other House of Parliament.