Statutory Instruments (Tabling and Disallowance) Legislation Amendment Act 1988 (Cth)
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BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
“(iiia) references in subsection 48 (7) to another regulation included references to a provision of another instrument made under the enabling provision; and”.
(a) by omitting from subsection (2) “shall be void and of no effect” and substituting “has no effect”;
(b) by omitting from subsection (3) “shall be void and of no effect” and substituting “cease to have effect”;
(c) by omitting from subsection (4) “shall thereupon cease to have effect” and substituting “thereupon ceases to have effect”;
(d) by omitting from subsections (6) and (7) “becomes void and of no effect” and substituting “ceases to have effect”;
(e) by omitting from subsection (7) “became void and of no effect” and substituting “ceased to have effect”.
“48a. (1) Where a regulation (in this section called the ‘original regulation’) has been made, no regulation the same in substance as the original regulation shall be made during the period defined by subsection (2) unless both Houses of the Parliament by resolution approve the making of a regulation the same in substance as the original regulation.
“(2) The period referred to in subsection (1) is the period starting on the day on which the original regulation was made and ending at the end of 7 days after:
(a) if the original regulation has been laid, in accordance with paragraph 48 (1) (c), before both Houses of the Parliament on the same day—that day;
(b) if the original regulation has been so laid before both Houses on different days—the later of those days; or
(c) if the original regulation has not been so laid before both Houses—the last day on which paragraph 48 (1) (c) could have been complied with.
“(3) A regulation made in contravention of this section has no effect.
“48b. (1) Where notice of a motion to disallow a regulation has been given in a House of the Parliament within 15 sitting days after the regulation has been laid before that House, no regulation the same in substance as the first-mentioned regulation shall be made unless:
(a) the notice has been withdrawn;
(b) the regulation is deemed to have been disallowed under subsection 48 (5);
(c) the motion has been withdrawn or otherwise disposed of; or
(d) subsection 48 (5a) has applied in relation to the regulation.
“(2) Where:
(a) because of subsection 48 (5a), a regulation is deemed to have been laid before a House of the Parliament on a particular day; and
(b) notice of a motion to disallow the regulation has been given in that House within 15 sitting days after that day;
no regulation the same in substance as the first-mentioned regulation shall be made unless:
(c) the notice has been withdrawn;
(d) the regulation is deemed to have been disallowed under subsection 48 (5);
(e) the motion has been withdrawn or otherwise disposed of; or
(f) subsection 48 (5a) has applied again in relation to the regulation.
“(3) A regulation made in contravention of this section has no effect.
“(4) This section does not limit the operation of section 48a or 49.”.
—————
CONSEQUENTIAL AMENDMENTS OF OTHER ACTS
1. The following provisions are amended by inserting “48a, 48b,” before “49”:
Aboriginal and Torres Strait Islanders (Queensland Reserves and Communities Self-management) Act 1978— subsection 10 (7)
Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987 —subsections 15 (9) and 23 (9)
Bounty (Metal Working Machines and Robots) Act 1985— subsections 6 (12), 7 (7) and 8 (8)
Health Insurance Act 1973— subsections 3a (4), 3c (4), 4bc (2), 6 (6), 22 (2), 23db (5), 23dc (12), 23df (13), 23dn (9), 78c (3) and 124h (3)
Protection of the Sea (Prevention of Pollution from Ships) Act 1983 —subsection 34 (1)
States Grants (Tertiary Education Assistance) Act 1984 —subsections 31 (3), 36 (3), 42 (3) and 46 (5)
2. The following Acts are amended as set out below:
Omit “is void and of no effect”, substitute “ceases to have effect”.
Omit “becomes void and of no effect”, substitute “ceases to have effect”.
Omit “became void and of no effect”, substitute “ceased to have effect”.
Omit the subsections.
Insert the following sections:
“10a. (1) Where an Ordinance (in this section called the ‘original Ordinance’) has been made, no Ordinance containing a provision being the same in substance as a provision of the original Ordinance shall be made during the period defined by subsection (2) unless both Houses of the Parliament by resolution approve the making of an Ordinance containing a provision the same in substance as that provision of the original Ordinance.
“(2) The period referred to in subsection (1) is the period starting on the day on which the original Ordinance was made and ending at the end of 7 days after:
(a) if the original Ordinance has been laid, in accordance with subsection 10 (1), before both Houses of the Parliament on the same day—that day;
(b) if the original Ordinance has been so laid before both Houses on different days—the later of those days; or
(c) if the original Ordinance has not been so laid before both Houses—the last day on which subsection 10 (1) could have been complied with.
“(3) If a provision of an Ordinance is made in contravention of this section, the provision has no effect.
“10b. (1) Where notice of a motion to disallow an Ordinance has been given in a House of the Parliament within 15 sitting days after the Ordinance has been laid before that House, no Ordinance containing a provision being the same in substance as a provision of the first-mentioned Ordinance shall be made unless:
(a) the notice has been withdrawn;
(b) the Ordinance is deemed to have been disallowed under subsection 10 (3);
(c) the motion has been withdrawn or otherwise disposed of; or
(d) subsection 10 (4) has applied in relation to the Ordinance.
“(2) Where:
(a) because of subsection 10 (4), an Ordinance is deemed to have been laid before a House of the Parliament on a particular day; and
(b) notice of a motion to disallow the Ordinance has been given in that House within 15 sitting days after that day;
no Ordinance containing a provision being the same in substance as a provision of the first-mentioned Ordinance shall be made unless:
(c) the notice has been withdrawn;
(d) the Ordinance is deemed to have been disallowed under subsection 10 (3);
(e) the motion has been withdrawn or otherwise disposed of; or
(f) subsection 10 (4) has applied again in relation to the Ordinance.
“(3) If a provision of an Ordinance is made in contravention of this section, the provision has no effect.
“(4) This section does not limit the operation of section 10a or 10c.
“(5) In this section:
‘Ordinance’ includes a part of an Ordinance.
“10c. If an Ordinance or a part of an Ordinance is disallowed, or is deemed to have been disallowed, under section 10, and an Ordinance containing a provision being the same in substance as a provision so disallowed, or deemed to have been disallowed, is made within 6 months after the date of the disallowance, that provision has no effect, unless:
(a) in the case of an Ordinance, or a part of an Ordinance, disallowed by resolution—the resolution has been rescinded by the House of the Parliament by which it was passed; or
(b) in the case of an Ordinance, or a part of an Ordinance, deemed to have been disallowed—the House of the Parliament in which notice of the motion to disallow the Ordinance or part was given has approved, by resolution, the making of a provision the same in substance as the provision deemed to have been disallowed.
“10d. (1) All regulations made under an Ordinance shall be laid before each House of the Parliament within 15 sitting days of that House after the day on which the regulations are made and, if they are not so laid before each House of the Parliament, have no effect.
“(2) Subsections 10 (2) to (5b), inclusive, and sections 10a, 10b and 10c apply in relation to regulations laid before a House of the Parliament as if, in those provisions, references to an Ordinance were references to regulations and references to a provision of an Ordinance were references to a regulation.
“(3) In this section, ‘regulations’ includes rules and by-laws.”.
Omit “shall be void and of no effect”, substitute “ceases to have effect”.
Omit “shall thereupon cease to have effect”, substitute “thereupon ceases to have effect”.
Omit “becomes void and of no effect”, substitute “ceases to have effect”.
Omit “became void and of no effect”, substitute “ceased to have effect”.
Omit the subsections.
Insert the following sections:
“12a. (1) Where an Ordinance (in this section called the ‘original Ordinance,’) has been made, no Ordinance containing a provision being the same in substance as a provision of the original Ordinance shall be made during the period denned by subsection (2) unless both Houses of the Parliament by resolution approve the making of an Ordinance containing a provision the same in substance as that provision of the original Ordinance.
“(2) The period referred to in subsection (1) is the period starting on the day on which the original Ordinance was made and ending at the end of 7 days after:
(a) if the original Ordinance has been laid, in accordance with subsection 12 (1), before both Houses of the Parliament on the same day—that day;
(b) if the original Ordinance has been so laid before both Houses on different days—the later of those days; or
(c) if the original Ordinance has not been so laid before both Houses—the last day on which subsection 12 (1) could have been complied with.
“(3) If a provision of an Ordinance is made in contravention of this section, the provision has no effect.
“12b. (1) Where notice of a motion to disallow an Ordinance has been given in a House of the Parliament within 15 sitting days after the Ordinance has been laid before that House, no Ordinance containing a provision being the same in substance as a provision of the first-mentioned Ordinance shall be made unless:
(a) the notice has been withdrawn;
(b) the Ordinance is deemed to have been disallowed under subsection 12 (3);
(c) the motion has been withdrawn or otherwise disposed of; or
(d) subsection 12 (3a) has applied in relation to the Ordinance.
“(2) Where:
(a) because of subsection 12 (3a), an Ordinance is deemed to have been laid before a House of the Parliament on a particular day; and
(b) notice of a motion to disallow the Ordinance has been given in that House within 15 sitting days after that day;
no Ordinance containing a provision being the same in substance as a provision of the first-mentioned Ordinance shall be made unless:
(c) the notice has been withdrawn;
(d) the Ordinance is deemed to have been disallowed under subsection 12 (3);
(e) the motion has been withdrawn or otherwise disposed of; or
(f) subsection 12 (3a) has applied again in relation to the Ordinance.
“(3) If a provision of an Ordinance is made in contravention of this section, the provision has no effect.
“(4) This section does not limit the operation of section 12a or 12c.
“(5) In this section:
‘Ordinance’ includes a part of an Ordinance.
“12c. If an Ordinance or a part of an Ordinance is disallowed, or is deemed to have been disallowed, under section 12, and an Ordinance containing a provision being the same in substance as a provision so disallowed, or deemed to have been disallowed, is made within 6 months after the date of the disallowance, that provision has no effect, unless:
(a) in the case of an Ordinance, or a part of an Ordinance, disallowed by resolution—the resolution has been rescinded by the House of the Parliament by which it was passed; or
(b) in the case of an Ordinance, or a part of an Ordinance, deemed to have been disallowed—the House of the Parliament in which notice
of the motion to disallow the Ordinance or part was given has approved, by resolution, the making of a provision the same in substance as the provision deemed to have been disallowed.
“12d. (1) All regulations made under an Ordinance shall be laid before each House of the Parliament within 15 sitting days of that House after the day on which the regulations are made and, if they are not so laid before each House of the Parliament, have no effect.
“(2) Subsections 12 (2) to (4b), inclusive, and sections 12a, 12b and 12c apply in relation to regulations laid before a House of the Parliament as if, in those provisions, references to an Ordinance were references to regulations and references to a provision of an Ordinance were references to a regulation.
“(3) In this section, ‘regulations’ includes rules and by-laws.”.
Omit “shall be void and of no effect”, substitute “ceases to have effect”.
Omit “shall thereupon cease to have effect”, substitute “thereupon ceases to have effect”.
Omit “becomes void and of no effect”, substitute “ceases to have effect”.
Omit “became void and of no effect”, substitute “ceased to have effect”.
Omit the subsections.
Insert the following sections in Part III:
“10a. (1) Where an Ordinance (in this section called the ‘original Ordinance’) has been made, no Ordinance containing a provision being the
same in substance as a provision of the original Ordinance shall be made during the period defined by subsection (2) unless both Houses of the Parliament by resolution approve the making of an Ordinance containing a provision the same in substance as that provision of the original Ordinance.
“(2) The period referred to in subsection (1) is the period starting on the day on which the original Ordinance was made and ending at the end of 7 days after:
(a) if the original Ordinance has been laid, in accordance with subsection 10 (1), before both Houses of the Parliament on the same day—that day;
(b) if the original Ordinance has been so laid before both Houses on different days—the later of those days; or
(c) if the original Ordinance has not been so laid before both Houses—the last day on which subsection 10 (1) could have been complied with.
“(3) If a provision of an Ordinance is made in contravention of this section, the provision has no effect.
“10b. (1) Where notice of a motion to disallow an Ordinance has been given in a House of the Parliament within 15 sitting days after the Ordinance has been laid before that House, no Ordinance containing a provision being the same in substance as a provision of the first-mentioned Ordinance shall be made unless:
(a) the notice has been withdrawn;
(b) the Ordinance is deemed to have been disallowed under subsection 10 (3);
(c) the motion has been withdrawn or otherwise disposed of; or
(d) subsection 10 (3a) has applied in relation to the Ordinance.
“(2) Where:
(a) because of subsection 10 (3a), an Ordinance is deemed to have been laid before a House of the Parliament on a particular day; and
(b) notice of a motion to disallow the Ordinance has been given in that House within 15 sitting days after that day;
no Ordinance containing a provision being the same in substance as a provision of the first-mentioned Ordinance shall be made unless:
(c) the notice has been withdrawn;
(d) the Ordinance is deemed to have been disallowed under subsection 10 (3);
(e) the motion has been withdrawn or otherwise disposed of; or
(f) subsection 10 (3a) has applied again in relation to the Ordinance.
“(3) If a provision of an Ordinance is made in contravention of this section, the provision has no effect.
“(4) This section does not limit the operation of section 10a or 10c.
“(5) In this section:
‘Ordinance’ includes a part of an Ordinance.
“10c. If an Ordinance or a part of an Ordinance is disallowed, or is deemed to have been disallowed, under section 10, and an Ordinance containing a provision being the same in substance as a provision so disallowed, or deemed to have been disallowed, is made within 6 months after the date of the disallowance, that provision has no effect, unless:
(a) in the case of an Ordinance, or a part of an Ordinance, disallowed by resolution—the resolution has been rescinded by the House of the Parliament by which it was passed; or
(b) in the case of an Ordinance, or a part of an Ordinance, deemed to have been disallowed—the House of the Parliament in which notice of the motion to disallow the Ordinance or part was given has approved, by resolution, the making of a provision the same in substance as the provision deemed to have been disallowed.
“10d. (1) All regulations made under an Ordinance or any other law (not being an Act) in force in the Territory shall be laid before each House of the Parliament within 15 sitting days of that House after the day on which the regulations are made and, if they are not so laid before each House of the Parliament, have no effect.
“(2) Subsections 10 (2) to (4b), inclusive, and sections 10a, 10b and 10c apply in relation to regulations laid before a House of the Parliament as if, in those provisions, references to an Ordinance were references to regulations and references to a provision of an Ordinance were references to a regulation.
“(3) In this section, ‘regulations’ includes rules and by-laws.”.
Omit “shall be void and of no effect”, substitute “ceases to have effect”.
Omit “shall thereupon cease to have effect”, substitute “thereupon ceases to have effect”.
Omit “becomes void and of no effect”, substitute “ceases to have effect”.
Omit “became void and of no effect”, substitute “ceased to have effect”.
Omit the subsections.
Insert the following sections in Part III:
“13a. (1) Where an Ordinance (in this section called the ‘original Ordinance’) has been made, no Ordinance containing a provision being the same in substance as a provision of the original Ordinance shall be made during the period denned by subsection (2) unless both Houses of the Parliament by resolution approve the making of an Ordinance containing a provision the same in substance as that provision of the original Ordinance.
“(2) The period referred to in subsection (1) is the period starting on the day on which the original Ordinance was made and ending at the end of 7 days after:
(a) if the original Ordinance has been laid, in accordance with subsection 13 (1), before both Houses of the Parliament on the same day—that day;
(b) if the original Ordinance has been so laid before both Houses on different days—the later of those days; or
(c) if the original Ordinance has not been so laid before both Houses—the last day on which subsection 13 (1) could have been complied with.
“(3) If a provision of an Ordinance is made in contravention of this section, the provision has no effect.
“13b. (1) Where notice of a motion to disallow an Ordinance has been given in a House of the Parliament within 15 sitting days after the Ordinance has been laid before that House, no Ordinance containing a provision being the same in substance as a provision of the first-mentioned Ordinance shall be made unless:
(a) the notice has been withdrawn;
(b) the Ordinance is deemed to have been disallowed under subsection 13 (3);
(c) the motion has been withdrawn or otherwise disposed of; or
(d) subsection 13 (3a) has applied in relation to the Ordinance.
“(2) Where:
(a) because of subsection 13 (3a), an Ordinance is deemed to have been laid before a House of the Parliament on a particular day; and
(b) notice of a motion to disallow the Ordinance has been given in that House within 15 sitting days after that day;
no Ordinance containing a provision being the same in substance as a provision of the first-mentioned Ordinance shall be made unless:
(c) the notice has been withdrawn;
(d) the Ordinance is deemed to have been disallowed under subsection 13 (3);
(e) the motion has been withdrawn or otherwise disposed of; or
(f) subsection 13 (3a) has applied again in relation to the Ordinance.
“(3) If a provision of an Ordinance is made in contravention of this section, the provision has no effect.
“(4) This section does not limit the operation of section 13a or 13c.
“(5) In this section:
‘Ordinance’ includes a part of an Ordinance.
“13c. If an Ordinance or a part of an Ordinance is disallowed, or is deemed to have been disallowed, under section 13, and an Ordinance containing a provision being the same in substance as a provision so disallowed, or deemed to have been disallowed, is made within 6 months, after the date of the disallowance, that provision has no effect, unless:
(a) in the case of an Ordinance, or a part of an Ordinance, disallowed by resolution—the resolution has been rescinded by the House of the Parliament by which it was passed; or
(b) in the case of an Ordinance, or a part of an Ordinance, deemed to have been disallowed—the House of the Parliament in which notice of the motion to disallow the Ordinance or part was given has approved, by resolution, the making of a provision the same in substance as the provision deemed to have been disallowed.
“13d. (1) All regulations made under an Ordinance shall be laid before each House of the Parliament within 15 sitting days of that House after the day on which the regulations are made and, if they are not so laid before each House of the Parliament, have no effect.
“(2) Subsections 13 (2) to (4b), inclusive, and sections 13a, 13b and 13c apply in relation to regulations laid before a House of the Parliament as if, in those provisions, references to an Ordinance were references to regulations and references to a provision of an Ordinance were references to a regulation.
“(3) In this section, ‘regulations’ includes rules and by-laws.”.
Omit ‘is void and of no effect”, substitute “ceases to have effect”.
Omit “becomes void and of no effect”, substitute “ceases to have effect”.
Omit “became void and of no effect”, substitute “ceased to have effect”.
Omit the subsections.
Insert the following sections:
“7a. (1) Where an Ordinance (in this section called the ‘original Ordinance’) has been made, no Ordinance containing a provision being the same in substance as a provision of the original Ordinance shall be made during the period defined by subsection (2) unless both Houses of the Parliament by resolution approve the making of an Ordinance containing a provision the same in substance as that provision of the original Ordinance.
“(2) The period referred to in subsection (1) is the period starting on the day on which the original Ordinance was made and ending at the end of 7 days after:
(a) if the original Ordinance has been laid, in accordance with subsection 7 (1), before both Houses of the Parliament on the same day—that day;
(b) if the original Ordinance has been so laid before both Houses on different days—the later of those days; or
(c) if the original Ordinance has not been so laid before both Houses—the last day on which subsection 7 (1) could have been complied with.
“(3) If a provision of an Ordinance is made in contravention of this section, the provision has not effect.
“7b. (1) Where notice of a motion to disallow an Ordinance has been given in a House of the Parliament within 15 sitting days after the Ordinance has been laid before that House, no Ordinance containing a provision being the same in substance as a provision of the first-mentioned Ordinance shall be made unless:
(a) the notice has been withdrawn;
(b) the Ordinance is deemed to have been disallowed under subsection 7 (3);
(c) the motion has been withdrawn or otherwise disposed of; or
(d) subsection 7 (4) has applied in relation to the Ordinance.
“(2) Where:
(a) because of subsection 7 (4), an Ordinance is deemed to have been laid before a House of the Parliament on a particular day; and
(b) notice of a motion to disallow the Ordinance has been given in that House within 15 sitting days after that day;
no Ordinance containing a provision being the same in substance as a provision of the first-mentioned Ordinance shall be made unless:
(c) the notice has been withdrawn;
(d) the Ordinance is deemed to have been disallowed under subsection 7 (3);
(e) the motion has been withdrawn or otherwise disposed of; or
(f) subsection 7 (4) has applied again in relation to the Ordinance.
“(3) If a provision of an Ordinance is made in contravention of this section, the provision has no effect.
“(4) This section does not limit the operation of section 7a or 7c.
“(5) In this section:
‘Ordinance’ includes a part of an Ordinance.
“7c. If an Ordinance or a part of an Ordinance is disallowed, or is deemed to have been disallowed, under section 7, and an Ordinance containing a provision being the same in substance as a provision so disallowed, or deemed to have been disallowed, is made within 6 months after the date of the disallowance, that provision has no effect, unless:
(a) in the case of an Ordinance, or a part of an Ordinance, disallowed by resolution—the resolution has been rescinded by the House of the Parliament by which it was passed; or
(b) in the case of an Ordinance, or a part of an Ordinance, deemed to have been disallowed—the House of the Parliament in which notice of the motion to disallow the Ordinance or part was given has approved, by resolution, the making of a provision the same in substance as the provision deemed to have been disallowed.
“7d. (1) All regulations made under an Ordinance shall be laid before each House of the Parliament within 15 sitting days of that House after the day on which the regulations are made and, if they are not so laid before each House of the Parliament, have no effect.
“(2) Subsections 7 (2) to (5b), inclusive, and sections 7a, 7b and 7c apply in relation to regulations laid before a House of the Parliament as if, in those provisions, references to an Ordinance were references to regulations and references to a provision of an Ordinance were references to a regulation.
“(3) In this section, ‘regulations’ includes rules and by-laws.”.
Omit “section 49”, substitute “sections 48a, 48b and 49”.
Omit “shall be void and of no effect”, substitute “ceases to have effect”.
Omit “shall thereupon cease to have effect”, substitute “thereupon ceases to have effect”.
Omit “becomes void and of no effect”, substitute “ceases to have effect”.
Omit “became void and of no effect”, substitute “ceased to have effect”.
Insert the following sections:
“7a. (1) Where an order (in this section called the ‘original order’) has been made, no order containing a provision being the same in substance as a provision of the original order shall be made during the period defined by subsection (2) unless both Houses of the Parliament by resolution approve the making of an order containing a provision the same in substance as that provision of the original order.
“(2) The period referred to in subsection (1) is the period starting on the day on which the original order was made and ending at the end of 7 days after:
(a) if the original order has been laid, in accordance with subsection 7 (1), before both Houses of the Parliament on the same day—that day;
(b) if the original order has been so laid before both Houses on different days—the later of those days; or
(c) if the original order has not been so laid before both Houses—the last day on which subsection 7 (1) could have been complied with.
“(3) If a provision of an order is made in contravention of this section, the provision has no effect.
“7b. (1) Where notice of a motion to disallow an order has been given in a House of the Parliament within 15 sitting days after the order has been laid before that House, no order containing a provision being the same in substance as a provision of the first-mentioned order shall be made unless:
(a) the notice has been withdrawn;
(b) the order is deemed to have been disallowed under subsection 7 (4);
(c) the motion has been withdrawn or otherwise disposed of; or
(d) subsection 7 (5) has applied in relation to the order.
“(2) Where:
(a) because of subsection 7 (5), an order is deemed to have been laid before a House of the Parliament on a particular day; and
(b) notice of a motion to disallow the order has been given in that House within 15 sitting days after that day;
no order containing a provision being the same in substance as a provision of the first-mentioned order shall be made unless:
(c) the notice has been withdrawn;
(d) the order is deemed to have been disallowed under subsection 7 (4);
(e) the motion has been withdrawn or otherwise disposed of; or
(f) subsection 7 (5) has applied again in relation to the order.
“(3) If a provision of an order is made in contravention of this section, the provision has no effect.
“(4) This section does not limit the operation of section 7a or 7c.
“(5) In this section:
‘order’ includes a part of an order.
“7c. If an order or a part of an order is disallowed, or is deemed to have been disallowed, under section 7, and an order containing a provision being the same in substance as a provision so disallowed, or deemed to have been disallowed, is made within 6 months after the date of the disallowance, that provision has no effect, unless:
(a) in the case of an order, or a part of an order, disallowed by resolution—the resolution has been rescinded by the House of the Parliament by which it was passed; or
(b) in the case of an order, or a part of an order, deemed to have been disallowed—the House of the Parliament in which notice of the motion to disallow the order or part was given has approved, by resolution, the making of a provision the same in substance as the provision deemed to have been disallowed.”.
Omit “shall be void and of no effect”, substitute “ceases to have effect”.
Omit “shall thereupon cease to have effect”, substitute “thereupon ceases to have effect”.
Omit “becomes void and of no effect”, substitute “ceases to have effect”.
Omit “became void and of no effect”, substitute “ceased to have effect”.
Omit the subsections.
Insert the following sections:
“11a. (1) where an Ordinance (in this section called the ‘original Ordinance’) has been made, no Ordinance containing a provision being the same in substance as a provision of the original Ordinance shall be made during the period defined by subsection (2) unless both Houses of the Parliament by resolution approve the making of an Ordinance containing a provision the same in substance as that provision of the original Ordinance.
“(2) The period referred to in subsection (1) is the period starting on the day on which the original Ordinance was made and ending at the end of 7 days after:
(a) if the original Ordinance has been laid, in accordance with subsection 11 (1), before both Houses of the Parliament on the same day—that day;
(b) if the original Ordinance has been so laid before both Houses on different days—the later of those days; or
(c) if the original Ordinance has not been so laid before both Houses—the last day on which subsection 11 (1) could have been complied with.
“(3) If a provision of an Ordinance is made in contravention of this section, the provision has no effect.
“11b. (1) Where notice of a motion to disallow an Ordinance has been given in a House of the Parliament within 15 sitting days after the Ordinance has been laid before that House, no Ordinance containing a provision being
the same in substance as a provision of the first-mentioned Ordinance shall be made unless:
(a) the notice has been withdrawn;
(b) the Ordinance is deemed to have been disallowed under subsection 11 (3);
(c) the motion has been withdrawn or otherwise disposed of; or
(d) subsection 11 (3a) has applied in relation to the Ordinance.
“(2) Where:
(a) because of subsection 11 (3a), an Ordinance is deemed to have been laid before a House of the Parliament on a particular day; and
(b) notice of a motion to disallow the Ordinance has been given in that House within 15 sitting days after that day;
no Ordinance containing a provision being the same in substance as a provision of the first-mentioned Ordinance shall be made unless:
(c) the notice has been withdrawn;
(d) the Ordinance is deemed to have been disallowed under subsection 11 (3);
(e) the motion has been withdrawn or otherwise disposed of; or
(f) subsection 11 (3a) has applied again in relation to the Ordinance.
“(3) If a provision of an Ordinance is made in contravention of this section, the provision has no effect.
“(4) This section does not limit the operation of section 11a or 11c.
“(5) In this section:
‘Ordinance’ includes a part of an Ordinance.
“11c. If an Ordinance or a part of an Ordinance is disallowed, or is deemed to have been disallowed, under section 11, and an Ordinance containing a provision being the same in substance as a provision so disallowed, or deemed to have been disallowed, is made within 6 months after the date of the disallowance, that provision has no effect, unless:
(a) in the case of an Ordinance, or a part of an Ordinance, disallowed by resolution—the resolution has been rescinded by the House of the Parliament by which it was passed; or
(b) in the case of an Ordinance, or a part of an Ordinance, deemed to have been disallowed—the House of the Parliament in which notice of the motion to disallow the Ordinance or part was given has approved, by resolution, the making of a provision the same in substance as the provision deemed to have been disallowed.
“11d. (1) All regulations made under an Ordinance shall be laid before each House of the Parliament within 15 sitting days of that House after the
day on which the regulations are made and, if they are not so laid before each House of the Parliament, have no effect.
“(2) Subsections 11 (2) to (4b), inclusive, and sections 11a, 11b and 11c apply in relation to regulations laid before a House of the Parliament as if, in those provisions, references to an Ordinance were references to regulations and references to a provision of an Ordinance were references to a regulation.
“(3) In this section, ‘regulations’ includes rules and by-laws.”.
Omit “section 49”, substitute “sections 48a, 48b and 49”.
Omit “section 49”, substitute “sections 48a, 48b and 49”.
Omit “shall be void and of no effect”, substitute “ceases to have effect”.
Omit “shall thereupon cease to have effect”, substitute “thereupon ceases to have effect”.
Omit “becomes void and of no effect”, substitute “ceases to have effect”.
Omit “became void and of no effect”, substitute “ceased to have effect”.
Omit the subsection.
Insert the following sections:
“28aa.(1) Where an Ordinance (in this section called the ‘original Ordinance’) has been made, no Ordinance containing a provision being the same in substance as a provision of the original Ordinance shall be made during the period defined by subsection (2) unless both Houses of the
Parliament by resolution approve the making of an Ordinance containing a provision the same in substance as that provision of the original Ordinance.
“(2) The period referred to in subsection (1) is the period starting on the day on which the original Ordinance was made and ending at the end of 7 days after:
(a) if the original Ordinance has been laid, in accordance with subsection 28 (2), before both Houses of the Parliament on the same day—that day;
(b) if the original Ordinance has been so laid before both Houses on different days—the later of those days; or
(c) if the original Ordinance has not been so laid before both Houses—the last day on which subsection 28 (2) could have been complied with.
“(3) If a provision of an Ordinance is made in contravention of this section, the provision has no effect.
“28ab. (1) Where notice of a motion to disallow an Ordinance has been given in a House of the Parliament within 15 sitting days after the ordinance has been laid before that House, no Ordinance containing a provision being the same in substance as a provision of the first-mentioned Ordinance shall be made unless:
(a) the notice has been withdrawn;
(b) the Ordinance is deemed to have been disallowed under subsection 28 (4);
(c) the motion has been withdrawn or otherwise disposed of; or
(d) subsection 28 (5) has applied in relation to the Ordinance.
“(2) Where:
(a) because of subsection 28 (5), an Ordinance is deemed to have been laid before a House of the Parliament on a particular day; and
(b) notice of a motion to disallow the Ordinance has been given in that House within 15 sitting days after that day;
no Ordinance containing a provision being the same in substance as a provision of the first-mentioned Ordinance shall be made unless:
(c) the notice has been withdrawn;
(d) the Ordinance is deemed to have been disallowed under subsection 28 (4);
(e) the motion has been withdrawn or otherwise disposed of; or
(f) subsection 28 (5) has applied again in relation to the Ordinance.
“(3) If a provision of an Ordinance is made in contravention of this section, the provision has no effect.
“(4) This section does not limit the operation of section 28aa or 28ac.
“(5) In this section:
‘Ordinance’ includes a part of an Ordinance.
“28ac. If an Ordinance or a part of an Ordinance is disallowed, or is deemed to have been disallowed, under section 28, and an Ordinance containing a provision being the same in substance as a provision so disallowed, or deemed to have been disallowed, is made within 6 months after the date of the disallowance, that provision has no effect, unless:
(a) in the case of an Ordinance, or a part of an Ordinance, disallowed by resolution—the resolution has been rescinded by the House of the Parliament by which it was passed; or
(b) in the case of an Ordinance, or a part of an Ordinance, deemed to have been disallowed—the House of the Parliament in which notice of the motion to disallow the Ordinance or part was given has approved, by resolution, the making of a provision the same in substance as the provision deemed to have been disallowed.
“28ad. Sections 28aa, 28ab and 28ac apply to Ordinances made by the Governor-General under section 27.”.
Omit “28 (3) to (8), inclusive,”, substitute “28 (3) to (7), inclusive, and sections 28aa, 28ab and 28ac”.
Omit “shall be void and of no effect”, substitute “ceases to have effect”.
Omit “shall thereupon cease to have effect”, substitute “thereupon ceases to have effect”.
Omit “becomes void and of no effect”, substitute “ceases to have effect”.
Omit “became void and of no effect”, substitute “ceased to have effect”.
Omit the subsections.
Insert the following sections in Part III:
“12aa. (1) Where an Ordinance (in this section called the ‘original Ordinance’) has been made, no Ordinance containing a provision being the same in substance as a provision of the original Ordinance shall be made during the period defined by subsection (2) unless both Houses of the Parliament by resolution approve the making of an Ordinance containing a provision the same in substance as that provision of the original Ordinance.
“(2) The period referred to in subsection (1) is the period starting on the day on which the original Ordinance was made and ending at the end of 7 days after:
(a) if the original Ordinance has been laid, in accordance with subsection 12 (2), before both Houses of the Parliament on the same day—that day;
(b) if the original Ordinance has been so laid before both Houses on different days—the later of those days; or
(c) if the original Ordinance has not been so laid before both Houses—the last day on which subsection 12 (2) could have been complied with.
“(3) If a provision of an Ordinance is made in contravention of this section, the provision has no effect.
“12ab. (1) Where notice of a motion to disallow an Ordinance has been given in a House of the Parliament within 15 sitting days after the Ordinance has been laid before that House, no Ordinance containing a provision being the same in substance as a provision of the first-mentioned Ordinance shall be made unless:
(a) the notice has been withdrawn;
(b) the Ordinance is deemed to have been disallowed under subsection 12 (5);
(c) the motion has been withdrawn or otherwise disposed of; or
(d) subsection 12 (5a) has applied in relation to the Ordinance.
“(2) Where:
(a) because of subsection 12 (5a), an Ordinance is deemed to have been laid before a House of the Parliament on a particular day; and
(b) notice of a motion to disallow the Ordinance has been given in that House within 15 sitting days after that day;
no Ordinance containing a provision being the same in substance as a provision of the first-mentioned Ordinance shall be made unless:
(c) the notice has been withdrawn;
(d) the Ordinance is deemed to have been disallowed under subsection 12 (5);
(e) the motion has been withdrawn or otherwise disposed of; or
(f) subsection 12 (5a) has applied again in relation to the Ordinance.
“(3) If a provision of an Ordinance is made in contravention of this section, the provision has no effect.
“(4) This section does not limit the operation of section 12aa or 12ac.
“(5) In this section:
‘Ordinance’ includes a part of an Ordinance.
“12ac. If an Ordinance or a part of an Ordinance is disallowed, or is deemed to have been disallowed, under section 12, and an Ordinance containing a provision being the same in substance as a provision so disallowed, or deemed to have been disallowed, is made within 6 months after the date of the disallowance, that provision has no effect, unless:
(a) in the case of an Ordinance, or a part of an Ordinance, disallowed by resolution—the resolution has been rescinded by the House of the Parliament by which it was passed; or
(b) in the case of an Ordinance, or a part of an Ordinance, deemed to have been disallowed—the House of the Parliament in which notice of the motion to disallow the Ordinance or part was given has approved, by resolution, the making of a provision the same in substance as the provision deemed to have been disallowed.
“12ad. (1) All regulations made under an Ordinance shall be laid before each House of the Parliament within 15 sitting days of that House after the day on which the regulations are made and, if they are not so laid before each House of the Parliament, have no effect.
“(2) Subsections 12 (4) to (6b), inclusive, and sections 12aa, 12ab and 12ac apply in relation to regulations laid before a House of the Parliament as if, in those provisions, references to an Ordinance were references to regulations and references to a provision of an Ordinance were references to a regulation.
“(3) In this section, ‘regulations’ includes rules and by-laws.
“12ae. (1) Every determination shall be laid before each House of the Parliament within 15 sitting days of that House after the day on which the determination is made and, if it is not so laid before each House of the Parliament, has no effect.
“(2) Subsections 12 (4) to (6b), inclusive, and sections 12aa, 12ab and 12ac apply in relation to a determination laid before a House of the Parliament as if, in those provisions, references to an Ordinance were references to a determination.
“(3) In this section:
‘determination’ means a determination made by a Minister under an Ordinance empowering the Minister to determine, by notice published in the
Gazette , fees or charges for the purposes of the Ordinance.”.
After “48” insert 48a, 48b”.
1. No. 2, 1901, as amended. For previous amendments, see No. 4, 1916; No. 8, 1918; No. 23, 1930; No. 24, 1932; No. 10, 1937; No. 7, 1941; No. 78, 1947; No. 79, 1948; No. 80, 1950; No. 69, 1957; No. 19, 1963; No. 52, 1964; No. 93, 1966; Nos. 79 and 216, 1973; No. 144, 1976; No. 35, 1978; No. 1, 1980; No. 61, 1981; Nos. 26 and 80, 1982; No. 39, 1983; Nos. 27 and 63, 1984 (as amended by No. 165, 1984); No. 72, 1984; No. 193, 1985; and Nos. 92, 120 and 141, 1987.
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House of Representatives on 21 April 1988
Senate on 27 September 1988
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