Australian Capital Territory Current Acts

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LEGISLATION ACT 2001 - SECT 68

Amendment by resolution of Assembly

    (1)     In this section:

"amendment" does not include an amendment that would have the effect of waiving or changing any fee, charge, penalty or other amount payable to the Territory.

"disallowable instrument "does not include a determination of fees or charges by a Minister under an Act or subordinate law.

    (2)     This section applies if notice of a motion to amend a subordinate law or disallowable instrument is given in the Legislative Assembly not later than 6 sitting days after the day it is presented to the Assembly.

    (3)     If the Legislative Assembly passes a resolution to amend the subordinate law or disallowable instrument, it is amended accordingly—

        (a)     on the day after the day the amendment is notified; or

        (b)     if the resolution provides that it takes effect on the day the resolution is passed—that day.

    (4)     For this chapter, the Legislative Assembly is taken to have passed a resolution to amend the subordinate law or disallowable instrument if, at the end of 6 sitting days after the day the notice is given—

        (a)     the notice has not been withdrawn and the motion has not been called on; or

        (b)     the motion has been called on and moved, but has not been withdrawn or otherwise disposed of.

    (5)     If subsection (4) applies, the resolution is taken to be the resolution set out in the motion for the resolution.

    (6)     An amendment under this section has effect for all purposes as if it had been made by an Act.

    (7)     Without limiting subsection (6), section 83 (Consequences of amendment of statutory instrument by Act) applies to the amendment as if it had been made by an Act.

    (8)     This section is a determinative provision.

Note     See s 5 for the meaning of determinative provisions, and s 6 for their displacement.



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