Victorian Consolidated Legislation

Subordinate Legislation Act 1994 - SECT 23

Disallowance of statutory rule or part of a statutory rule

23. Disallowance of statutory rule or part of a statutory rule



(1) This section applies to a statutory rule if-

   (a)  the power to make the statutory rule is expressed to be subject to the
        statutory rule being disallowed by the Parliament or by a House of the
        Parliament; or

   (b)  the Scrutiny Committee has in a report under section 21 recommended
        that the statutory rule be disallowed in whole or in part; or

   (c)  there was a failure to comply with section 15(1) and the Scrutiny
        Committee has reported that failure to each House of the Parliament.

(2) A statutory rule to which this section applies is disallowed in whole or
in part if-

   (a)  a notice of a resolution to disallow the statutory rule is given in a
        House of the Parliament on or before the 18th sitting day of that
        House after the rule is laid before that House; and

   (b)  the resolution is passed by that House on or before the 12th sitting
        day of that House after the giving of the notice of the resolution.

(3) Notice of a resolution to disallow a statutory rule may be expressed to
apply to the whole or to any part of the statutory rule.

(4) A resolution to disallow the whole or any part of a statutory rule has
effect according to its tenor.

(5) If a House of the Parliament is prorogued or the Legislative Assembly is
dissolved-

   (a)  the prorogation or dissolution does not affect the power of the House
        to pass a resolution disallowing a statutory rule; and

   (b)  the calculation of sitting days of the House is to be made as if there
        had been no prorogation or dissolution.