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LEGISLATIVE INSTRUMENTS ACT 2003 No. 139, 2003 - SECT 57

Effect on existing tabling and disallowance requirements
(1)
Despite provisions in force immediately before the commencing day in relation to a document that is a legislative instrument for the purposes of this Act concerning:

(a) the time within which; and
(b) the means by which;

such an instrument is required to be laid before the Parliament, compliance, on and after that day, with the requirements of this Act relating to laying of instruments before the Parliament is taken to constitute full compliance with the requirements of those first-mentioned provisions.

(2)
Despite provisions in force immediately before the commencing day that provide for the disallowance of a document that is a legislative instrument (otherwise than because of the application, without modification, of the disallowance provisions of Part XII of the Acts Interpretation Act 1901 ), the disallowance provisions of this Act are taken to apply, subject to subsection (5), in respect of that document to the exclusion of those other provisions.

(3)
If provisions in force immediately before the commencing day in relation to a document that is a legislative instrument specify particular consequences that follow a particular circumstance, namely:

(a) the laying of that document, or the failure to lay that document, before the Houses of the Parliament in accordance with those provisions; or
(b) the disallowance or non-disallowance, in accordance with those provisions, of a document that is so laid:

those same consequences follow a like circumstance under this Act, namely:

(c) the laying of that document, or the failure to lay that document, before the Houses of the Parliament in accordance with this Act; and
(d) the disallowance or non-disallowance of that document, in accordance with this Act, of a document that is laid before the Houses of the Parliament in accordance with this Act;

as if the circumstance referred to in paragraph (c) or (d) were a circumstance referred to in paragraph (a) or (b).

(4)
If provisions in force immediately before the commencing day in relation to a document that is a legislative instrument:

(a) require the document to be laid before the Houses of the Parliament; and
(b) specify particular requirements to be complied with before, or at the same time as, that document is so laid;

those provisions continue to have effect, on and after the commencing day, as if they were requirements to be complied with before, or at the same time as, the document is laid before the Houses of the Parliament in accordance with this Act.

Note: This subsection applies, for example, if the enabling legislation in respect of a legislative instrument required that a report concerning any such instrument be prepared and laid before the Parliament at the same time as the instrument is so laid.

(5)
If particular disallowance provisions of the kind referred to in subsection (2) are prescribed as provisions to which subsection (2) does not apply, then those provisions continue to apply, on and after the commencing day, despite the provisions to different effect in sections 42 to 48 of Part 5 of this Act.



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