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LEGISLATION ACT 2003 - SECT 47

Legislative instruments not to be remade while subject to disallowance

  (1)   If notice of a motion to disallow a legislative instrument, or a provision of a legislative instrument, has been given in a House of the Parliament within 15 sitting days of that House beginning on the first sitting day after the instrument was laid before that House, a legislative instrument, or a provision of a legislative instrument, that is the same in substance as the first - mentioned instrument or provision, must not be made unless:

  (a)   the notice has been withdrawn; or

  (b)   the instrument or provision is taken to have been disallowed under subsection   42(2); or

  (c)   the motion has been withdrawn or otherwise disposed of; or

  (d)   subsection   42(3) has applied in relation to the instrument.

  (2)   If:

  (a)   because of subsection   42(3), a legislative instrument is taken to have been laid before a House of the Parliament on a particular day; and

  (b)   notice of a motion to disallow the instrument or a provision of the instrument has been given in that House within 15 sitting days of that House beginning on the first sitting day after that day;

a legislative instrument, or a provision of a legislative instrument, that is the same in substance as the first - mentioned instrument or provision must not be made unless:

  (c)   the notice has been withdrawn; or

  (d)   the first - mentioned instrument or provision is taken to have been disallowed under subsection   42(2); or

  (e)   the motion has been withdrawn or otherwise disposed of; or

  (f)   subsection   42(3) has applied again in relation to the first - mentioned instrument.

  (3)   A legislative instrument or a provision of a legislative instrument made in contravention of this section has no effect.

  (4)   This section does not limit the operation of section   46 or 48.


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