Subordinate Legislation Confirmation Bill (No 2)

Subordinate Legislation Confirmation Bill (No 2)

Government Bill

159—1

Explanatory note

General policy statement

This Bill’s purpose is to prevent the revocation of certain subordinate legislation that, by virtue of the Acts under which it is made, is revoked at a stated time unless earlier confirmed by Act of Parliament. This Bill relates to items of subordinate legislation made or presented to the House in the year ending with the close of 30 June 2016.

Clause by clause analysis

Part 1Preliminary provisions

Clause 1 is the Title clause.

Clause 2 provides that the Bill, when enacted, comes into force on the day after the date of Royal assent.

Clause 3 states the purpose of the Bill is to confirm certain confirmable instruments and annual confirmable instruments that, unless confirmed by an Act of Parliament, are—

  • revoked at the applicable deadline under section 47C(1)(a) or (b) of the Legislation Act 2012; or

  • taken after the applicable deadline to have been invalid for their past operation (because they have been revoked with effect before or on the deadline) under section 47D of the Legislation Act 2012.

Clause 4 is the interpretation clause and defines the terms confirmable instrument and annual confirmable instrument.

Clause 5 ensures that the Bill, when enacted, binds the Crown.

Clause 6 repeals the Subordinate Legislation (Confirmation and Validation) Act 2015, which is now spent.

Part 2Confirmations

Clause 7 confirms 2 sets of regulations under the Animal Products Act 1999.

Clause 8 confirms an order under the Biosecurity Act 1993.

Clause 9 confirms 2 orders under the Commodity Levies Act 1990.

Clause 10 confirms 3 orders under the Customs and Excise Act 1996.

Clause 11 confirms regulations under the Energy (Fuels, Levies, and References) Act 1989.

Clause 12 confirms an order under the Fisheries Act 1996.

Clause 13 confirms regulations under the Gambling Act 2003.

Clause 14 confirms regulations under the Land Transport Act 1998.

Clause 15 confirms regulations under the National Animal Identification and Tracing Act 2012.

Clause 16 confirms an order under the Social Security Act 1964.

Clause 17 confirms an order under the Tariff Act 1988.

Clause 18 confirms 2 orders under the Wine Act 2003.

1 Title

This Act is the Subordinate Legislation Confirmation Act 2016.

2 Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

Part 1 Preliminary provisions

3 Purpose

The purpose of this Act is to confirm certain confirmable instruments and annual confirmable instruments that, unless earlier confirmed by an Act of Parliament, are—

(a)

revoked at the applicable deadline under section 47C(1)(a) or (b) of the Legislation Act 2012; or

(b)

taken after the applicable deadline to have been invalid for their past operation (because they have been revoked with effect before or on the deadline) under section 47D of the Legislation Act 2012.

4 Interpretation

In this Act, unless the context otherwise requires, confirmable instrument and annual confirmable instrument have the same meanings as in section 47B of the Legislation Act 2012.

5 Act binds the Crown

This Act binds the Crown.

6 Repeal

The Subordinate Legislation (Confirmation and Validation) Act 2015 (2015 No 119) is repealed.

Part 2 Confirmations

7 Animal Products Act 1999

The following regulations are confirmed:

(a)

Animal Products (Fees, Charges, and Levies) Amendment Regulations 2016 (LI 2016/99):

(b)

Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2016 (LI 2016/100).

8 Biosecurity Act 1993

The Biosecurity (Bovine Tuberculosis—Cattle and Deer Levy) Order 2016 (LI 2016/111) is confirmed.

9 Commodity Levies Act 1990

The following orders are confirmed:

(a)

Commodity Levies (Meat) Order 2015 (LI 2015/307):

(b)

Commodity Levies (Winegrapes) Order 2016 (LI 2016/114).

10 Customs and Excise Act 1996

The following orders are confirmed:

(a)

Customs Import Prohibition (Trout) Order 2015 (LI 2015/241):

(b)

Excise and Excise-equivalent Duties Table (Tobacco Products Indexation and Separate 10% Increase) Amendment Order 2015:

(c)

Excise and Excise-equivalent Duties Table (Alcoholic Beverages Indexation) Amendment Order 2016.

11 Energy (Fuels, Levies, and References) Act 1989

The Energy (Petroleum or Engine Fuel Monitoring Levy) Regulations 2015 (LI 2015/304) are confirmed.

12 Fisheries Act 1996

The Fisheries (Schedule 8) Order 2016 (LI 2016/145) is confirmed.

13 Gambling Act 2003

The Gambling (Problem Gambling Levy) Regulations 2016 (LI 2016/120) are confirmed.

14 Land Transport Act 1998

The Land Transport (Motor Vehicle Registration and Licensing) Amendment Regulations 2016 (LI 2016/25) are confirmed.

15 National Animal Identification and Tracing Act 2012

The National Animal Identification and Tracing (Levies) Amendment Regulations 2016 (LI 2016/97) are confirmed.

16 Social Security Act 1964

The Social Security (Rates of Benefits and Allowances) Order 2016 (LI 2016/53) is confirmed.

17 Tariff Act 1988

The Tariff (Free Trade Agreement between New Zealand and the Republic of Korea) Amendment Order 2015 is confirmed.

18 Wine Act 2003

The following orders are confirmed:

(a)

Wine (Non-grape Wine Levy) Order 2015 (LI 2015/260):

(b)

Wine (Grape Wine Levy) Order 2016 (LI 2016/113).