SUBORDINATE LEGISLATION ACT 1994 - SECT 25C Disallowance

SUBORDINATE LEGISLATION ACT 1994 - SECT 25C

    (1)     This section applies to a legislative instrument if—

        (a)     the authorising Act under which the legislative instrument is made states that the legislative instrument is subject to disallowance by the Parliament or by a House of the Parliament; or

        (b)     in a report under section 25A, the Scrutiny Committee has recommended that the legislative instrument be disallowed in whole or in part; or

        (c)     there was a failure to comply with section 16B(1) and the Scrutiny Committee has reported that failure to each House of the Parliament.

    (2)     A legislative instrument to which this section applies is disallowed in whole or in part if—

        (a)     a notice of a resolution to disallow the legislative instrument is given in a House of the Parliament—

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

              (ii)     in the case of failure to comply with section 16B(1) in respect of a legislative instrument, on or before the 24th sitting day of that House after—

    (A)     the legislative instrument has been published in the Government Gazette under section 16A(1); or

    (B)     if section 16A(2) applies, notice of making and availability has been published in the Government Gazette; 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 legislative instrument may be expressed to apply to the whole or to any part of the legislative instrument.

    (4)     A resolution to disallow the whole or any part of a legislative instrument 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 legislative instrument; and

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

S. 25D inserted by No. 78/2010 s. 34.