Legislation Act 2003

Chapter 3 - Legislative instruments and notifiable instruments  

Part 2 - Parliamentary scrutiny of legislative instruments  

SECTION 47   Legislative instruments not to be remade while subject to disallowance  

(1)  


If notice of a motion to disallow a legislative instrument, or a provision of a legislative instrument, has been given in a House of the Parliament within 15 sitting days of that House beginning on the first sitting day after the instrument was laid before that House, a legislative instrument, or a provision of a legislative instrument, that is the same in substance as the first-mentioned instrument or provision, must not be made unless:


(a) the notice has been withdrawn; or


(b) the instrument or provision is taken to have been disallowed under subsection 42(2) ; or


(c) the motion has been withdrawn or otherwise disposed of; or


(d) subsection 42(3) has applied in relation to the instrument.

(2)  
If:


(a) because of subsection 42(3) , a legislative instrument is taken to have been laid before a House of the Parliament on a particular day; and


(b) notice of a motion to disallow the instrument or a provision of the instrument has been given in that House within 15 sitting days of that House beginning on the first sitting day after that day;

a legislative instrument, or a provision of a legislative instrument, that is the same in substance as the first-mentioned instrument or provision must not be made unless:


(c) the notice has been withdrawn; or


(d) the first-mentioned instrument or provision is taken to have been disallowed under subsection 42(2) ; or


(e) the motion has been withdrawn or otherwise disposed of; or


(f) subsection 42(3) has applied again in relation to the first-mentioned instrument.

(3)  
A legislative instrument or a provision of a legislative instrument made in contravention of this section has no effect.

(4)  
This section does not limit the operation of section 46 or 48 .




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