Acts Interpretation Act 1901
Pt 11 substituted by No 46 of 2011, s 3 and Sch 1 item 110, applicable on and after 27 December 2011, in relation to Acts enacted before, on or after 27 December 2011. For transitional regulations, see note under Part 1 heading. The heading formerly read:
PART XII - REGULATIONS
(Repealed by No 140 of 2003)
S 48 repealed by No 140 of 2003, s 3 and Sch 1 item 7, effective 1 January 2005. S 48 formerly read:
Where an Act confers power to make regulations, then, unless the contrary intention appears, all regulations made accordingly:
(a) shall be notified in the Gazette ;
(b) shall, subject to this section, take effect from:
(i) a specified date;
(ii) a specified time on a specified date;
(iii) the date, or date and time, of commencement of a specified Act or a specified provision of an Act; or
(iv) in any other case - the date of notification; and
(c) shall be laid before each House of the Parliament within 15 sitting days of that House after the making of the regulations.
A regulation, or a provision of regulations, has no effect if, apart from this subsection, it would take effect before the date of notification and as a result:
(a) the rights of a person (other than the Commonwealth or an authority of the Commonwealth) as at the date of notification would be affected so as to disadvantage that person; or
(b) liabilities would be imposed on a person (other than the Commonwealth or an authority of the Commonwealth) in respect of anything done or omitted to be done before the date of notification.
If any regulations are not laid before each House of the Parliament in accordance with the provisions of subsection (1), they cease to have effect.
If either House of the Parliament, in pursuance of a motion of which notice has been given within 15 sitting days after any regulations have been laid before that House, passes a resolution disallowing any of those regulations, any regulation so disallowed thereupon ceases to have effect.
If, at the expiration of 15 sitting days after notice of a motion to disallow any regulation has been given in a House of the Parliament, being notice given within 15 sitting days after the regulation has been laid before that House:
(a) the notice has not been withdrawn and the motion has not been called on; or
(b) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;
the regulation specified in the motion shall thereupon be deemed to have been disallowed.
If, before the expiration of 15 sitting days after notice of a motion to disallow any regulation has been given in a House of the Parliament:
(a) the House of Representatives is dissolved or expires, or the Parliament is prorogued; and
(b) at the time of the dissolution, expiry or prorogation, as the case may be:
(i) the notice has not been withdrawn and the motion has not been called on; or
(ii) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;
the regulation shall, for the purposes of subsections (4) and (5), be deemed to have been laid before that first-mentioned House on the first sitting day of that first-mentioned House after the dissolution, expiry or prorogation, as the case may be.
Where a regulation is disallowed, or is deemed to have been disallowed, under this section or ceases to have effect by virtue of the operation of subsection (3), the disallowance of the regulation or the operation of subsection (3) in relation to the regulation, as the case may be, has the same effect as a repeal of the regulation.
(a) a regulation (in this subsection referred to as the ``relevant regulation'' ) is disallowed, or is deemed to have been disallowed, under this section or ceases to have effect by virtue of the operation of subsection (3); and
(b) the relevant regulation repealed, in whole or in part, another regulation that was in force immediately before the relevant regulation came into operation;
the disallowance of the relevant regulation or the operation of subsection (3) in relation to the relevant regulation, as the case may be, has the effect of reviving that other regulation from and including the date of the disallowance or the date on which the relevant regulation ceased to have effect by virtue of that operation of subsection (3), as the case may be, as if the relevant regulation had not been made.
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