152A Governor-General may make ordinary rules

(1)

Despite anything in this Part, the Governor-General may, by Order in Council, on the recommendation of the Minister, make, amend, or revoke an ordinary rule for any of the purposes for which the Minister may make, amend, or revoke an ordinary rule under this Part.

(2)

The Minister must have regard to the criteria specified in section 164(2) before making a recommendation under subsection (1).

(3)

Section 161(1)(a) and (2) do not apply to an ordinary rule made by Order in Council under subsection (1).

(4)

[Repealed]

(5)

The Minister may amend or revoke an ordinary rule or an amendment to an ordinary rule made by Order in Council under subsection (1) as if the Minister had made the ordinary rule or the amendment to the ordinary rule under this Part.

(6)

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.

Compare: 1990 No 98 s 34A

Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 and Land Transport (Road User) Rule 2004 and amendments to them
PublicationThe maker must: LA19 ss 67(d)(iii), 73, 74(1)(a), Sch 1 cls 14, 23
• notify it in the Gazette and specify a place where it is available for inspection free of charge and for purchase
• make it available for inspection free of charge
• make it available for purchase by members of the public at a reasonable price
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.
Legislation Act 2019 requirements for all other 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 and for purchase 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 152A: inserted, on 10 May 2011, by section 81 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 152A(4): repealed, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 152A(6): replaced, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).