Subordinate Legislation Confirmation Bill (No 4)

Subordinate Legislation Confirmation Bill (No 4)

Government Bill

165—1

Explanatory note

General policy statement

This Bill’s purpose is to prevent the revocation of certain subordinate legislation that, by virtue of the Act under which it is made, is revoked at a stated time unless earlier confirmed by an Act of Parliament.

This Bill relates to items of subordinate legislation made in the year ending with the close of 30 June 2019.

Clause by clause analysis

Clause 1 is the Title clause.

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

Part 1Preliminary provisions

Clause 3 states that the purpose of the Bill is to confirm certain confirmable instruments and annual confirmable instruments that, unless 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taken after the applicable deadline to have been invalid for their past operation (because they have been revoked with effect before or on the deadline) under section 47D of the Legislation Act 2012.

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 Act (No 2) 2018, which is now spent.

Part 2Confirmations

Clause 7 confirms regulations under the Agricultural Compounds and Veterinary Medicines Act 1997.

Clause 8 confirms 2 sets of regulations under the Animal Products Act 1999.

Clause 9 confirms an order under the Arms Act 1983.

Clause 10 confirms 2 orders under the Biosecurity Act 1993.

Clause 11 confirms an order under the Civil Aviation Act 1990.

Clause 12 confirms 12 orders under the Commodity Levies Act 1990.

Clause 13 confirms 2 orders under the Customs and Excise Act 1996 and 2 orders under the Customs and Excise Act 2018.

Clause 14 confirms regulations under the Energy (Fuels, Levies, and References) Act 1989.

Clause 15 confirms an order under the Fisheries Act 1996.

Clause 16 confirms regulations under the Gambling Act 2003.

Clause 17 confirms an order under the New Zealand Superannuation and Retirement Income Act 2001 and the Social Security Act 1964.

Clause 18 confirms 2 sets of regulations under the Road User Charges Act 2012.

Clause 19 confirms 2 orders under the Tariff Act 1988.

Clause 20 confirms regulations under the Wine Act 2003.

1 Title

This Act is the Subordinate Legislation Confirmation Act (No 4) 2019.

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 Act (No 2) 2018 (2018 No 56) is repealed.

Part 2 Confirmations

7 Agricultural Compounds and Veterinary Medicines Act 1997

The Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/122) are confirmed.

8 Animal Products Act 1999

The following regulations are confirmed:

(a)

Animal Products (Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/123):

(b)

Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2019 (LI 2019/124).

9 Arms Act 1983

The Arms (Prohibited Ammunition) Order 2019 (LI 2019/137) is confirmed.

10 Biosecurity Act 1993

The following orders are confirmed:

(a)

Biosecurity (Readiness and Response—Kiwifruit Levy) Amendment Order 2018 (LI 2018/119):

(b)

Biosecurity (Response—Avocado Levy) Order 2019 (LI 2019/52).

11 Civil Aviation Act 1990

The Civil Aviation (Safety and Security) Levies Amendment Order 2019 (LI 2019/108) is confirmed.

12 Commodity Levies Act 1990

The following orders are confirmed:

(a)

Commodity Levies (Foveaux Strait Dredge Oysters) Order 2018 (LI 2018/117):

(b)

Commodity Levies (Paeonies) Order 2018 (LI 2018/130):

(c)

Commodity Levies (Summerfruit) Amendment Order 2018 (LI 2018/216):

(d)

Commodity Levies (Apples and Pears) Order 2018 (LI 2018/274):

(e)

Commodity Levies (Vegetables and Fruit) Order 2019 (LI 2019/39):

(f)

Commodity Levies (Process Vegetables) Order 2019 (LI 2019/40):

(g)

Commodity Levies (Fresh Vegetables) Order 2019 (LI 2019/41):

(h)

Commodity Levies (Fresh Tomatoes) Order 2019 (LI 2019/42):

(i)

Commodity Levies (Onions) Order 2019 (LI 2019/43):

(j)

Commodity Levies (Avocados) Order 2019 (LI 2019/86):

(k)

Commodity Levies (Potatoes) Order 2019 (LI 2019/87):

(l)

Commodity Levies (Mussels, Oysters, and Salmon) Order 2019 (LI 2019/100).

13 Customs and Excise Act 1996 and Customs and Excise Act 2018

The following orders are confirmed:

(a)

Customs Import Prohibition (Trout) Order 2018 (LI 2018/165):

(b)

Excise and Excise-equivalent Duties Table (Motor Spirits) Amendment Order 2018 (LI 2018/136):

(c)

Excise and Excise-equivalent Duties Table (Tobacco Products Indexation and Separate 10% Increase) Amendment Order 2018:

(d)

Excise and Excise-equivalent Duties Table (Alcoholic Beverages Indexation) Amendment Order 2019.

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

The Energy (Petrol, Engine Fuel, and Gas) Levy Amendment Regulations 2019 (LI 2019/139) are confirmed.

15 Fisheries Act 1996

The Fisheries (Schedule 8) Order 2018 (LI 2018/145) is confirmed.

16 Gambling Act 2003

The Gambling (Problem Gambling Levy) Regulations 2019 (LI 2019/134) are confirmed.

17 New Zealand Superannuation and Retirement Income Act 2001 and Social Security Act 2018

The Social Security (Rates of Benefits and Allowances) Order 2019 (LI 2019/27) is confirmed.

18 Road User Charges Act 2012

The following regulations are confirmed:

(a)

Road User Charges (Rates) Amendment Regulations 2018 (LI 2018/137):

(b)

Road User Charges (Rates) Amendment Regulations 2019 (LI 2019/ 90).

19 Tariff Act 1988

The following orders are confirmed:

(a)

Tariff (CPTPP) Amendment Order 2018:

(b)

Tariff (Alignment of Duty Rates) Amendment Order 2019.

20 Wine Act 2003

The Wine Amendment Regulations 2019 (LI 2019/125) are confirmed.