Legislation Act 2019

Subpart 3—General drafting and publication matters

Drafting responsibilities

23 PCO’s responsibility for drafting secondary legislation

(1)

This clause applies to secondary legislation made under an empowering provision if, immediately before the main commencement date, section 59(2)(c) or (d) of the Legislation Act 2012 required the PCO to draft instruments made under that empowering provision.

(2)

The administering agency and the Chief Parliamentary Counsel are assumed to have agreed, for the purpose of section 67(d) of this Act, that the PCO will draft secondary legislation made under the provision.

(3)

Subclause (2) applies only until either party notifies the other that they do not agree or the parties reach a different agreement under section 67(d).

(4)

This clause does not apply to secondary legislation to which section 59(2)(a) or (b) of the Legislation Act 2012 applied.