Commonwealth Numbered Acts

RADIOCOMMUNICATIONS ACT 1983 No. 130, 1983 - SECT 42

42. (1) At any time (whether or not during a period of emergency) the Minister
may, by instrument in writing-

   (a)  make guidelines to be applied by him with respect to the exercise of
        his powers under section 41 to make orders;

   (b)  vary guidelines made by him under this sub-section (including
        guidelines varied by virtue of a previous application or previous
        applications of this sub-section); and

   (c)  revoke guidelines made by him under this sub-section (including
        guidelines varied by virtue of a previous application or previous
        applications of this sub-section).

(2) The Minister shall, as soon as practicable after making an instrument
under sub-section (1), cause-

   (a)  notification of the making of the instrument to be published in the
        Gazette; and

   (b)  a copy of the instrument to be laid before each House of the
        Parliament.

(3) Subject to sub-section (4), an instrument made under sub-section (1) comes
into force at the expiration of-

   (a)  unless paragraph (b) applies-the fifth sitting day of the House of
        Representatives after a copy of the instrument is laid before that
        House; or

   (b)  if the fifth sitting day of the Senate after a copy of the instrument
        is laid before the Senate is a later day than the day referred to in
        paragraph (a)-that fifth sitting day of the Senate.

(4) If either House of the Parliament, within 5 sitting days after a copy of
an instrument made under sub-section (1) has been laid before that House,
passes a resolution disallowing the instrument, the instrument shall not come
into force.

(5) If, before the expiration of 5 sitting days of a House of the Parliament
after a copy of an instrument made under sub-section (1) has been laid before
that House-

   (a)  the House of Representatives is dissolved or expires, or the
        Parliament is prorogued; and

   (b)  at the time of the dissolution, expiry or prorogation, as the case may
        be-

        (i)    a notice of motion disallowing the instrument has not been
               withdrawn and the motion has not been called on; or

        (ii)   a motion disallowing the instrument has been called on, moved
               and seconded and has not been withdrawn or otherwise disposed
               of,
the copy of the instrument shall, for the purposes of this section, be deemed
to have been laid before that first-mentioned House on the first sitting day
of that first-mentioned House after the dissolution, expiry or prorogation, as
the case may be.

(6) Guidelines in force under this section shall be deemed to be statutory
rules within the meaning of the Statutory Rules Publication Act 1903.