Maritime Transport Act 1994

390A Power of Governor-General to make marine protection rules

(1)

The Governor-General may, by Order in Council, on the recommendation of the Minister, make marine protection rules for any purpose for which the Minister may make marine protection rules under this Part.

(2)

An order under this section—

(a)

is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and

(b)

is not to be drafted by the PCO under section 67(d)(i) of that Act.

(2A)

[Repealed]

(3)

To avoid doubt,—

(a)

the Governor-General may amend or revoke any marine protection rule made by the Minister (as if the Governor-General had made the rule):

(b)

the Minister may amend or revoke any marine protection rule made by the Governor-General (as if the Minister had made the rule).

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationThe maker must: LA19 ss 73, 74(1)(a), Sch 1 cl 14
• notify it in the Gazette with a statement of where it is available for inspection and purchase
• make it available for inspection free of charge
• make it available for sale at a reasonable price
The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP. As a result the maker may also have to comply with s 75 of the Legislation Act 2019LA19 ss 74(2), 75
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 390A: inserted, on 23 October 2013, by section 66 of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 390A(2): replaced, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 390A(2A): repealed, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).