Commonwealth Numbered Acts

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NURSING HOMES AND HOSTELS LEGISLATION AMENDMENT ACT 1986 No. 115, 1986 - SECT 37

37. After section 36 of the Principal Act the following section is inserted:
Certain notices to be subject to disallowance

"36A. (1) In this section, 'notice' means a notice by the Minister under
sub-section 13 (1A).

"(2) Part XII of the Acts Interpretation act 1901 applies in relation to a
notice as if in that Part references to regulations were references to a
notice, references to a regulation were references to a provision of a notice
and references to a repeal were references to a revocation.

"(3) Notices shall not be taken to be statutory rules within the meaning of
the Statutory Rules Publication Act 1903, but sub-sections 5 (3) to (3C)
(inclusive) of that Act apply in relation to notices as they apply to
statutory rules.

"(4) For the purposes of the application of sub-section 5 (3B) of the
Statutory Rules Publication Act 1903 in accordance with sub-section (3) of
this section, the reference in the first-mentioned sub-section to the Minister
of State for Sport, Recreation and Tourism shall be read as a reference to the
Minister administering this Act.

"(5) Section 5 of the Evidence Act 1905 applies to a notice as that section
would apply to an order made by the Minister.". 


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