Legislation Act 2012

  • repealed
  • Legislation Act 2012: repealed, on 28 October 2021, by section 10 of the Legislation (Repeals and Amendments) Act 2019 (2019 No 59).

Notification of disallowance, amendment, or substitution

47 Notice of resolution or motion


This section applies in any of the following circumstances:


the House of Representatives resolves to disallow or revoke a disallowable instrument:


the House of Representatives resolves to amend a disallowable instrument or to revoke a disallowable instrument and substitute another instrument:


notice of a motion to disallow a disallowable instrument or any provisions of a disallowable instrument has been given and the instrument or provisions specified for disallowance in the motion are treated as having been disallowed under section 43.


When this section applies, the Clerk of the House of Representatives must immediately forward to the Chief Parliamentary Counsel a notice of that resolution or notice of motion.


The notice forwarded under subsection (2)—


must be accompanied by the text of the resolution or the text of the notice of motion, as the case requires; and


in the case of a resolution, must show the date on which the resolution was passed; and


in the case of a notice of motion, must show—


the date of the sitting day on which the notice of motion was given; and


the date of the 21st sitting day after the giving of the notice of motion.


The notice is conclusive evidence of the matters stated in subsection (3)(b) and (c).


The Chief Parliamentary Counsel must arrange for every notice forwarded under subsection (2) to be published under section 6 as if it were a legislative instrument.

Compare: 1989 No 143 s 10