Legislation Act 2019

Subpart 5—Parliament’s oversight of secondary legislation

Presentation to House of Representatives

32 Limited application of presentation requirements to secondary legislation made before publication deadline

(1AA)

This clause applies to secondary legislation that is made before the publication deadline for the secondary legislation.

(1)

Subpart 1 of Part 5 of this Act, which requires secondary legislation to be presented to the House of Representatives, applies to the secondary legislation only if—

(a)

it is made under an empowering provision that was enacted before the main commencement date and, before that date, instruments made under the provision were—

(i)

legislative instruments; or

(ii)

instruments stated by an Act to be disallowable instruments for the purposes of the Legislation Act 2012; or

(iii)

expressly required to be presented to the House of Representatives; or

(b)

it is made under an empowering provision that was enacted on or after the main commencement date.

(2)

This clause does not affect any requirement for the legislation to be presented to the House of Representatives that applied when the secondary legislation was made.

Schedule 1 clause 32(1AA): inserted, on 25 March 2021, by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).

Schedule 1 clause 32(1): amended, on 25 March 2021, by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).

Schedule 1 clause 32(1)(a): amended, on 25 March 2021, by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).

Schedule 1 clause 32(1)(a)(iii): amended, on 25 March 2021, by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).

Schedule 1 clause 32(1)(b): replaced, on 25 March 2021, by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).

Schedule 1 clause 32(2): amended, on 25 March 2021, by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).