Northern Territory Consolidated Acts

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INTERPRETATION ACT - SECT 63

Procedure for making subordinate legislation

    (1)     Where an Act contains a power to make regulations, all regulations made by virtue of that power shall:

        (a)     be notified in the Gazette ;

        (b)     subject to this section, take effect from the date of the notification, or, where another date is provided for in the regulations, from the date so provided for; and

        (c)     be laid before the Legislative Assembly within 3 sitting days of that Assembly after the making of the regulations.

    (2)     Where an Act contains a power to make rules or by-laws, all rules or by-laws made by virtue of that power shall be:

        (a)     signed by the person making them, or, if that person is a statutory corporation or a council constituted under the Local Government Act , by a person authorized by it to sign them; and

        (b)     forwarded to the Minister administering the provision containing the power.

    (3)     Subject to this section, where rules or by-laws are forwarded to a minister in pursuance of subsection (2):

        (a)     that minister shall cause them to be notified in the Gazette ;

        (b)     they take effect from the date of the notification, or, where another date is provided for in the rules or by-laws, from the date so provided for; and

        (c)     that minister shall lay them before the Legislative Assembly within 3 sitting days of that Assembly after they are notified in the Gazette .

    (4)     Where rules or by-laws are forwarded to a minister in pursuance of subsection (2), that minister may, before he causes them to be notified in the Gazette , return them to the person signing them with amendments that he recommends.

    (5)     Where a minister returns rules or by-laws in pursuance of subsection (4), the person making the rules or by-laws shall consider those amendments and the rules or by-laws, with or without amendments, shall be again forwarded to the minister, and subsection (3) applies accordingly.

    (6)     If subordinate legislation is required by an Act to be published or notified in the Gazette , it is sufficient compliance with the requirement if notice of the making of the legislation, and of the place where copies of it may be purchased, is published in the Gazette .

    (7)     Subordinate legislation or a provision of subordinate legislation must not be expressed to take effect or be in terms that it takes effect from a date before the date of notification in the Gazette if:

        (a)     the rights of a person (other than the Territory or a statutory corporation) existing at the date of notification would be affected in a manner prejudicial to the person; or

        (b)     liabilities would be imposed on a person (other than the Territory or a statutory corporation) in relation to anything done or omitted to be done before the date of notification.

    (7A)     Subordinate legislation or a provision of subordinate legislation made in contravention of subsection (7) is of no effect.

    (8)     If subordinate legislation is not tabled in the Legislative Assembly in accordance with subsection (1)(c) or (3)(c), it is of no effect.

    (9)     If the Legislative Assembly passes a resolution of which notice has been given at any time within 12 sitting days after subordinate legislation has been tabled in the Assembly disallowing the legislation or provisions of it, the disallowance has, subject to subsection (10), the same effect as a repeal of the legislation or provisions.

    (10)     If a provision of disallowed subordinate legislation (the disallowed provision ) amended or repealed a provision of other subordinate legislation in force immediately before the commencement of the disallowed provision, the disallowance revives the other provision from the date of the disallowance as if the disallowed provision had not been made.



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