Subordinate Legislation Confirmation Bill (No 5)

Subordinate Legislation Confirmation Bill (No 5)

Government Bill

300—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 2020.

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—

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  • taken after the applicable deadline to have been invalid for their past operation (because they have been revoked with effect before or on the deadline) under section 47D of the Legislation Act 2012.

Confirmation by Act is only to prevent those outcomes under those sections. It therefore does not generally—

  • authorise, cure invalidities in, or validate defects in the instruments or the processes followed in making them; or

  • affect or limit judicial review, or complaints processes, in respect of them or the processes followed in making them.

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 2019, which is now spent.

Part 2Confirmations

Clause 7 confirms 2 orders under the Arms Act 1983.

Clause 8 confirms 8 orders under the Biosecurity Act 1993.

Clause 9 confirms 8 orders under the Commodity Levies Act 1990.

Clause 10 confirms 6 orders under the Customs and Excise Act 2018.

Clause 11 confirms an order under the New Zealand Superannuation and Retirement Income Act 2001 and the Social Security Act 2018.

Clause 12 confirms regulations under the Road User Charges Act 2012.

Clause 13 confirms 3 orders under the Social Security Act 2018, one of which amends the order confirmed by clause 11.

Clause 14 confirms an order under the Tariff Act 1988.

1 Title

This Act is the Subordinate Legislation Confirmation Act 2020.

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 2019 is repealed.

Part 2 Confirmations

7 Arms Act 1983

The following orders are confirmed:

(a)

Arms (Prohibited Ammunition) Amendment Order 2019 (LI 2019/248):

(b)

Arms (Prohibited Magazine) Order 2019 (LI 2019/289).

8 Biosecurity Act 1993

The following orders are confirmed:

(a)

Biosecurity (Response—Milksolids Levy) Order 2019 (LI 2019/181):

(b)

Biosecurity (Response—Onions Levy) Order 2019 (LI 2019/242):

(c)

Biosecurity (Readiness and Response—Summerfruit Levy) Order 2019 (LI 2019/243):

(d)

Biosecurity (Response—Plantation Forestry Levy) Order 2019 (LI 2019/244):

(e)

Biosecurity (Readiness and Response—Fresh Tomatoes Levy) Order 2019 (LI 2019/322):

(f)

Biosecurity (Readiness and Response—Meat Levy) Order 2019 (LI 2019/323):

(g)

Biosecurity (Readiness and Response—Citrus Fruit Levy) Order 2019 (LI 2019/324):

(h)

Biosecurity (American Foulbrood—Beekeeper Levy) Amendment Order 2020 (LI 2020/43).

9 Commodity Levies Act 1990

The following orders are confirmed:

(a)

Commodity Levies (Blackcurrants) Order 2019 (LI 2019/213):

(b)

Commodity Levies (Harvested Wood Material) Order 2019 (LI 2019/232):

(c)

Commodity Levies (Citrus Fruit) Order 2019 (LI 2019/295):

(d)

Commodity Levies (Strawberries) Order 2020 (LI 2020/25):

(e)

Commodity Levies (Wheat Grain) Order 2020 (LI 2020/86):

(f)

Commodity Levies (Passionfruit) Order 2020 (LI 2020/140):

(g)

Commodity Levies (Summerfruit) Order 2020 (LI 2020/141):

(h)

Commodity Levies (Non-proprietary and Uncertified Herbage Seeds) Order 2020 (LI 2020/142).

10 Customs and Excise Act 2018

The following orders are confirmed:

(a)

Customs Export Prohibition (Green-lipped Mussel Spat) Order 2019 (LI 2019/209):

(b)

Customs Import Prohibition (Coins and Bank Notes) Order 2019 (LI 2019/210):

(c)

Customs Import Prohibition (Goods Produced by Prison Labour) Order 2019 (LI 2019/211):

(d)

Customs Import Prohibition (High-power Laser Pointers) Order 2019 (LI 2019/294):

(e)

Excise and Excise-equivalent Duties Table (Tobacco Products Indexation and Separate 10% Increase) Amendment Order 2019:

(f)

Excise and Excise-equivalent Duties Table (Alcoholic Beverages Indexation) Amendment Order 2020.

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

The Social Security (Rates of Benefits and Allowances) Order 2020 (LI 2020/13) is confirmed.

12 Road User Charges Act 2012

The Road User Charges (Rates) Amendment Regulations 2020 (LI 2020/73) are confirmed.

13 Social Security Act 2018

The following orders are confirmed:

(a)

Social Security (Definitions of Income Test 1, Income Test 2, Income Test 3, and Income Test 4) Order 2020 (LI 2020/14):

(b)

Social Security (Rates of Benefits and Allowances) (COVID-19 Recovery Package) Amendment Order 2020 (LI 2020/49):

(c)

Social Security (COVID-19 Increase to Rates of Orphan’s Benefit and Unsupported Child’s Benefit) Order 2020 (LI 2020/126).

14 Tariff Act 1988

The Tariff (ANZSCEP) Amendment Order 2019 is confirmed.