Legislation Act 2003

Chapter 3 - Legislative instruments and notifiable instruments  

Part 2 - Parliamentary scrutiny of legislative instruments  

SECTION 48   Remaking disallowed legislative instruments  

(1)    
A legislative instrument or a provision of a legislative instrument (the later instrument or provision ) that is the same in substance as a legislative instrument or a provision of a legislative instrument (the disallowed instrument or provision ) that has been disallowed (or is taken to have been disallowed) under subsection 42(1) or (2) must not be made within 6 months after the day of disallowance.

(2)    
However, the later instrument or provision may be made within that time if the relevant House of the Parliament approves, by resolution, the making of a legislative instrument or provision the same in substance as the disallowed instrument or provision.

(3)    
For the purposes of subsection (2), the relevant House of Parliament is the House of Parliament in which notice was given of the motion to disallow the disallowed instrument or provision.

(4)    
A legislative instrument or provision made in contravention of this section has no effect.




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