Legislation Bill

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Hon David Parker

Legislation Bill

Government Bill

275—3

	Bill note
	Key
1	Title
2	Commencement
	Part 1 Preliminary provisions
3	Purpose of this Act
4	Overview of this Act
5	Interpretation
6	Transitional, savings, and related provisions
7	Act binds the Crown
	Part 2 Interpretation and application of legislation
	Purposes and application
8	Purposes of this Part
9	Application of this Part
	General principles of interpretation
10	How to ascertain meaning of legislation
11	Legislation applies to circumstances as they arise
12	Legislation does not have retrospective effect
	General definitions and interpretation provisions
13	Definitions of terms for all legislation
14	Meaning of de facto relationship
15	Meaning of step-parent, etc
16	References to specific gender or kind of person include others
17	When sending by post is taken as done
18	Parts of speech have corresponding meaning
19	Words in singular include plural and vice versa
20	Words used in secondary legislation or other instruments have same meaning as in empowering legislation
21	Anything done under secondary legislation or other instrument is also done under ~~empowering legislation~~ Act
22	Legislation not binding on the Crown
23	Examples do not limit provision
	Commencement of legislation
23A	Outline of commencement provisions
24	Date on which Acts commence
25	Date on which secondary legislation commences
26	Time at which legislation commences
27	When legislation commences if calculated by number of months
28	Power to make commencement order
	Amendment and repeal
29	Amendments part of, and construed with, legislation amended
30	References to repeal or amendment extend to other ceasing of effect
31	Effect of repeal or amendment generally
32	Effect of repeal or amendment on existing rights and proceedings
33	Effect of repeal or amendment on prior offences and breaches of legislation
34	Powers exercised under repealed or amended legislation have continuing effect
35	Legislation made under repealed legislation has continuing effect
36	How to apply references to new legislation that is not yet in force
37	How to apply references to repealed legislation
38	Time of repeal of legislation on particular day
	General empowering provisions
39	Authority to make secondary legislation
40	Secondary legislation may make consequential amendments to other secondary legislation
41	Amendments made to secondary legislation by Act do not prevent later amendments
42	~~Authority to make instrument does not include power to determine its status as legislation~~
	Exercise of powers in legislation generally
43	When powers can be exercised before commencement
44	Limit on when pre-commencement exercise of powers takes effect
45	Power to appoint person to an office includes related powers
46	Power to do things may be exercised to correct errors
47	Powers of office holder may be exercised by acting office holders
48	Power to make includes power to amend or revoke
49	Power to make different provision for classes of matters
50	Power to identify matters using classes
51	Exercise or performance of powers, functions, and duties more than once
	Forms
52	Use of approved or prescribed forms
53	Extension of power to approve or prescribe forms
	Time and distance
54	When periods start and end
55	Extension for doing thing if day or last day is not working day
56	Calculating periods of months (except for commencement of legislation)
56A	Determining time generally
57	Determining measurements of distance
	Revision Acts
58	Meaning of revision Act and old law
59	Revision Act is generally to have same effect as old law
60	Using old law as interpretation guide for revision Act
61	Exceptions: when revision Act changes effect of old law
	Power to incorporate by reference
62	Interpretation
63	Power for secondary legislation to incorporate material by reference
64	Schedule 2 applies if material incorporated by reference
65	Effect of amendments to material incorporated by reference
	Part 3 Drafting and publishing of legislation
	Subpart 1—Drafting and publishing legislation
	Key drafting responsibilities
66	What legislation is drafted by PCO
67	Power to authorise IRD to draft Inland Revenue Bills
	Key publishing responsibilities
68	PCO must publish all legislation
~~68A~~	~~Meaning of minimum legislative information~~
69	PCO must publish consolidations of legislation that is amended
70	How and when PCO must publish legislation and consolidations of legislation
71	~~When~~How and when electronic versions of legislation must be available on legislation website
72	~~Secondary legislation does not commence until published~~
	Other provisions applying to secondary legislation not published by PCO
73	Maker must publish secondary legislation not published by PCO (if required)
74	Applicable publication requirements for secondary legislation not published by PCO
75	Applicable publication requirements for secondary legislation with international transparency obligations under CPTPP
76	Chief Parliamentary Counsel must support international transparency obligations
77	Definitions for purposes of international transparency obligations
73	~~Maker must lodge secondary legislation and minimum legislative information for publication (if not drafted by PCO)~~
74	~~Lodgement must be done as required under regulations~~
75	~~Complete publication~~ ~~exemption for local authority legislation~~
76	~~Partial publication exemption if good reason to allow alternative means of publication~~
77	~~Maker must make secondary legislation available if partial publication exemption applies~~
	Official versions and related matters
78	Official versions of legislation
79	Legal status of official versions
79A	Evidential status of minimum legislative information
80	Judicial notice of legislation
81	Power to revoke spent secondary legislation and other instruments
	Attorney-General directions
82	Attorney-General directions under this Part
	Subpart 2—Correcting errors and making other editorial changes
83	Purpose of this subpart
84	Interpretation
85	Power to make editorial changes
86	Editorial changes
87	Changes to numbering
88	Changes to format
89	When changes take effect
90	Changes to be noted in legislation
	Subpart 3—Revision Bills
91	Purpose of this subpart
92	Overview of this subpart
93	Interpretation
	Preparation of revisions
94	Three-yearly revision programme
95	Revision powers
96	Format of revision Bill
97	Certification of revision Bill
98	Amendments proposed by revision Bills
99	PCO’s annual report may address matters relating to revision and editorial changes
	Part 4 Disclosure requirements for Government-initiated legislation
100	Purpose of this Part
101	Interpretation in this Part
102	Chief executives must prepare and publish disclosure statements for Government-initiated legislation
103	What must be contained, or linked to, in disclosure statements
104	Disclosure statement requirements do not apply to certain Bills and amendments
105	Chief executives must act independently and include statement of responsibility
106	Government notice must be issued to support consistent approach across agencies
107	Government notice may be issued only with approval of House of Representatives
108	Factors to be considered in determining classes of legislation requiring disclosure statements
109	Ministerial direction may be given to support consistent approach across agencies
110	Disclosure relates only to information available to public under Official Information Act 1982
111	Validity of legislation not affected by failure to comply with this Part
	Part 5 Parliament’s oversight of secondary legislation
112	Purpose of this Part
	Subpart 1—Presentation to House of Representatives
113	Secondary legislation must be presented to House of Representatives
	Subpart 2—Disallowance by House of Representatives
114	All secondary legislation subject to disallowance, with limited exceptions
115	House of Representatives may disallow secondary legislation by resolution
116	Secondary legislation disallowed if House of Representatives does not dispose of motion to disallow
117	Effect of disallowance on legislation
118	House of Representatives may amend~~, revoke,~~ or replace secondary legislation
119	Resolution or motion is secondary legislation
	Subpart 3—Confirmation
120	Definitions used in this subpart
121	What secondary legislation must be confirmed under this subpart
122	Secondary legislation must be confirmed by deadline (or otherwise will be revoked)
123	How to confirm secondary legislation
124	Usual effect of revocation if not confirmed by deadline
125	Effect on some legislation of not being confirmed by deadline (whether or not earlier revoked)
125A	Confirmable secondary legislation must state this fact
	Part 6 Parliamentary Counsel Office
126	Parliamentary Counsel Office continues
	Objective and functions of PCO
127	Objective of PCO
128	Functions of PCO
129	Confidentiality
	Powers of Chief Parliamentary Counsel
130	Powers of Chief Parliamentary Counsel
131	Delegation of functions, duties, and powers
132	Revocation of delegations
	Chief Parliamentary Counsel and employees of PCO
133	Chief Parliamentary Counsel
134	Parliamentary counsel
135	Chief Parliamentary Counsel and parliamentary counsel to hold legal qualification
136	Other employees of PCO
137	Remuneration and conditions of appointment of Chief Parliamentary Counsel
138	Chief Parliamentary Counsel acts as employer
139	Collective agreements
140	Employment principles
141	Appointments on merit
142	Chief Parliamentary Counsel to establish procedure for notifying vacancies and appointments, and reviewing appointments
143	Secondments from elsewhere in State Services for developing senior leadership and management capability
144	Protection from liability
	Part 7 Regulations and miscellaneous provisions
	Regulation-making powers
145	Regulations
	Review of revision programme provisions
146	Review of revision programme provisions after 30 June 2020
	· · · · ·
	Schedule 1 Transitional, savings, and related provisions
	Schedule 2 Incorporation by reference
	Schedule 3 Secondary legislation ~~excluded from~~ exempted from presentation or disallowance under this Act
	Schedule 4 Secondary legislation subject to confirmation by Act
	Legislative history

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