SUBORDINATE LEGISLATION ACT 1994 - SECT 16D Compliance with this Part and requirements of authorising Act—publication in Government Gazette

SUBORDINATE LEGISLATION ACT 1994 - SECT 16D

    (1)     If the authorising Act for a legislative instrument requires publication in the Government Gazette of the instrument, compliance with the requirements of that authorising Act is taken to be compliance with section 16A(1).

    (2)     If the authorising Act for a legislative instrument requires publication in the Government Gazette of the instrument within a time period that is shorter than that required by this Part, compliance with the requirements of that authorising Act is taken to be compliance with this Part.

    (3)     If the authorising Act for a legislative instrument requires publication in the Government Gazette of the instrument within a time period that is longer than that required by this Part—

        (a)     the instrument maker must comply with the time period in this Part; and

        (b)     this Part prevails over the requirements of that authorising Act to the extent of any inconsistency.

    (4)     Subject to section 16A(2), if the authorising Act for a legislative instrument requires publication in the Government Gazette of a notice of the making of the instrument, compliance with the requirements of that authorising Act is not sufficient compliance with section 16A(1).

Note

An authorising Act may require a notice of the making of a legislative instrument to be published in the Government Gazette. Publication of that notice of making under that Act does not relieve the instrument maker from the obligation to publish the legislative instrument in full in the Government Gazette to comply with section 16A(1), unless section 16A(2) applies.

S. 16E

inserted by No. 78/2010 s. 31.