AustLII Tasmanian Consolidated Acts

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LAND ACQUISITION ACT 1993 - SECT 7I

7I. Amendment of order

      (1) The Minister may recommend to the Governor the making of an order which amends an order made under section 7B(2).

      (2) Before making a recommendation to the Governor under subsection (1), the Minister must determine whether the proposed amending order will alter the order made by the Governor under section 7B(2) to such an extent or to such effect that the amending order should be submitted to Parliament for its approval.

      (3) The Governor may make an order in accordance with a recommendation made under subsection (1).

      (4) An order under subsection (3) is to be published in the Gazette.

      (5) An order under subsection (3) is to state that the Minister has determined –

(a) that the order will not alter the order made by the Governor under section 7B(2) to such an extent or to such effect that the amending order should be submitted to Parliament for its approval; or

(b) that the order will alter the order made by the Governor under section 7B(2) to such an extent or to such effect that the amending order should be submitted to Parliament for its approval.

      (6) The Minister must cause an order under subsection (3) to be laid before each House of Parliament within the first 10 sitting days of the House after it is published in the Gazette.

      (7) An order which includes a statement under subsection (5)(b) is of no effect until it has been approved by both Houses of Parliament.

      (8) For the purpose of subsection (7), a House of Parliament is taken to have approved an order under subsection (3) if a copy of it has been laid on the table of that House and –

(a) it is approved by that House; or

(b) at the expiration of 15 sitting days after it was laid on the table of that House, no notice has been given of a motion to disallow it or, if such notice has been given, the notice has been withdrawn or negatived; or

(c) if any notice of a motion to disallow it is given during that period of 15 sitting days, the notice is, after the expiration of that period, withdrawn or negatived.



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