Legislation Act 2003
View history note
Hide history noteCh 3 heading inserted by No 10 of 2015, s 3 and Sch 1 item 27, effective 5 March 2016. See note under the title of the Act.
Pt 4 repealed by No 10 of 2015, s 3 and Sch 1 item 36, effective 5 March 2016. See note under the title of the Act.
Div 5 repealed by No 10 of 2015, s 3 and Sch 1 item 36, effective 5 March 2016. See note under the title of the Act.
(Repealed by No 10 of 2015)
S 34 repealed by No 10 of 2015, s 3 and Sch 1 item 36, effective 5 March 2016. See note under the title of the Act. S 34 formerly read:
the First Parliamentary Counsel may, by written notice given to the rule-maker of the amending instrument: S 34(1) amended by No 107 of 2012, s 3 and Sch 2 item 37, by substituting
"
First Parliamentary Counsel
"
for
"
Secretary
"
, effective 1 October 2012. For transitional and saving provisions see note under s
16(1)
. S 34(2) amended by No 107 of 2012, s 3 and Sch 2 item 38, by substituting
"
First Parliamentary Counsel
"
for
"
Secretary
"
, effective 1 October 2012. For transitional and saving provisions see note under s
16(1)
. the First Parliamentary Counsel may, by written notice given to the rule-maker of the legislative instrument that has been wholly or partly disallowed, require the rule-maker to lodge a revised compilation, in electronic form, in relation to the principal legislative instrument that takes account of the disallowance. S 34(3) amended by No 107 of 2012, s 3 and Sch 2 item 39, by substituting
"
First Parliamentary Counsel
"
for
"
Secretary
"
(wherever occurring), effective 1 October 2012. For transitional and saving provisions see note under s
16(1)
. S 34(5) amended by No 135 of 2012, s 3 and Sch 1 item 7, by substituting
"
given under subsection (2) because of an amendment of the principal legislative instrument made by a provision of an Act other than section 48C or 48D
"
for
"
under subsection (2)
"
, effective 23 September 2012. S 34(5A) inserted by No 135 of 2012, s 3 and Sch 1 item 8, effective 23 September 2012.
SECTION 34 First Parliamentary Counsel may require provision of compilations for registration purposes
(1)
If:
(a)
a rule-maker is required to lodge for registration a legislative instrument; and
(b)
the legislative instrument amends another legislative instrument (the
principal legislative instrument
);
(c)
require the rule-maker to lodge a compilation, in electronic form, in relation to the principal legislative instrument; and
(d)
if other legislative instruments also amend the principal legislative instrument with effect from the same time
-
require the compilation to incorporate the text of those other legislative instruments.
(2)
If an Act amends a legislative instrument (the
principal legislative instrument
), the First Parliamentary Counsel may, by written notice given to the rule-maker of the principal legislative instrument, require the rule-maker to lodge a compilation, in electronic form, in relation to the principal legislative instrument.
(3)
If:
(a)
a compilation in relation to a legislative instrument (the
principal legislative instrument
) has been registered; and
(b)
the First Parliamentary Counsel is satisfied that, because of the disallowance, in whole or in part, of a legislative instrument amending the principal legislative instrument, the compilation as registered has ceased to represent the state of the law;
(4)
A notice under subsection (1) must require the lodgment of the compilation concerned as soon as practicable after lodgment for registration of the amending legislative instrument or the principal legislative instrument, whichever last occurs.
(5)
A notice given under subsection (2) because of an amendment of the principal legislative instrument made by a provision of an Act other than section
48C
or
48D
must require the lodgment of the compilation concerned as soon as practicable after the coming into force of the provision or provisions of the amending Act or the lodgment for registration of the principal legislative instrument, whichever last occurs.
(5A)
A notice given under subsection (2) because of an amendment of the principal legislative instrument made by section
48C
or
48D
must require the lodgement of the compilation concerned as soon as practicable after the giving of the notice.
(6)
A notice under subsection (3) must require the lodgment of the compilation concerned as soon as practicable after the giving of the notice.
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