Victorian Consolidated Legislation

Subordinate Legislation Act 1994 - SECT 22

Suspension of statutory rule or part of a statutory rule

22. Suspension of statutory rule or part of a statutory rule



(1) If the Scrutiny Committee-

   (a)  proposes under section 21 to recommend that a statutory rule should
        be-

   (i)  disallowed in whole or in part; or

   (ii) amended; and

   (b)  is of the opinion that considerations of justice and fairness require
        that the operation of the statutory rule or any part of the
        statutory rule should be suspended pending the consideration by the
        Parliament of the statutory rule-

the Scrutiny Committee may propose in the report under section 21 that the
operation of the statutory rule or part of the statutory rule be suspended.

(2) If the Scrutiny Committee proposes that the operation of a statutory rule
or part of a statutory rule be suspended-

   (a)  the Scrutiny Committee must forthwith send a copy of the report to the
        responsible Minister and the Governor in Council; and

   (b)  subject to subsection (3), the operation of the statutory rule or part
        of the statutory rule is suspended at the end of the period of 7 days
        after the sending of the report to the Governor in Council until the
        end of the period during which the statutory rule or part of the
        statutory rule could be disallowed under section 23.



(3) The Governor in Council, on the recommendation of the responsible Minister
made within the period of 7 days referred to in subsection (2), may by Order
published in the Government Gazette declare that the operation of the
statutory rule or part of the statutory rule is not suspended.

(4) As from the date on which the Order is published, the provision in a
report of the Scrutiny Committee providing for the suspension ceases to have
any force or effect.

(5) While the operation of a statutory rule or part of a statutory rule is
suspended under this section, the statutory rule is deemed not to have been
made or to have been made without that part.