SUBORDINATE LEGISLATION ACT 1994 - SECT 23 Disallowance of statutory rule or part of a statutory rule

SUBORDINATE LEGISLATION ACT 1994 - SECT 23

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

S. 23(1)(a) substituted by No. 78/2010 s. 20(1).

        (a)     the authorising Act under which the statutory rule is made states that the statutory rule is subject to disallowance 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

S. 23(1)(c) amended by No. 78/2010 s. 20(2).

        (c)     there was a failure to comply with section 15(1) or (1A) 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—

S. 23(2)(a) substituted by No. 78/2010 s. 20(3).

        (a)     a notice of a resolution to disallow the statutory rule is given in a House of the Parliament—

              (i)     on or before the 18th sitting day of that House after the rule is laid before that House; or

              (ii)     in the case of a failure to comply with section 15(1) in respect of a statutory rule, on or before the 24th sitting day of that House after the notice of the making of the statutory rule has been published in the Government Gazette under section 17(2); 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.