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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Subordinate Legislation (Miscellaneous) Amendment
Bill 2010
A BILL FOR
An Act to amend the Subordinate Legislation Act 1978.
Contents
Part 1—Preliminary
1 Short
title
2 Amendment provisions
Part 2—Amendment of Subordinate Legislation
Act 1978
3 Amendment of section 10—Making of
regulations
4 Amendment of section 10A—Regulations to be referred
to Legislative Review Committee
5 Amendment of
section 10AA—Commencement of regulations
6 Insertion of section
10B
10B Parliament may vary or substitute
regulations
10C References to disallowance in other
Acts
7 Amendment of section 16C—Postponement of expiry
Schedule 1—Transitional
provision
1 Transitional provision
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Subordinate Legislation (Miscellaneous)
Amendment Act 2010.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Subordinate Legislation
Act 1978
3—Amendment of
section 10—Making of regulations
(1) Section 10(5a)—after "disallowed by resolution of either House
of Parliament and will cease to have effect" insert:
wholly or partly disallowed by resolution of either House of Parliament and
will cease to have effect to extent of the disallowance
(2) Section (10)—after subsection (6) insert:
(6a) If a regulation is wholly or partly disallowed by resolution of a
House of Parliament, no regulation of substantially the same effect as the
disallowed regulation, or the disallowed part of the regulation, may be made
within 6 months after the disallowance unless that House of Parliament
resolves to allow the making of the regulation.
(6b) A regulation made in contravention of subsection (6a) is, to the
extent that it is of substantially the same effect as the disallowed regulation,
or the disallowed part of a regulation, void and of no effect.
4—Amendment of
section 10A—Regulations to be referred to Legislative Review
Committee
Section 10A(4)—after "ought to be" insert:
wholly or partly
5—Amendment of
section 10AA—Commencement of regulations
Section 10AA(2)(a)—delete "it is necessary or appropriate that
the regulation come into operation on an earlier date or at an earlier time" and
substitute:
commencement on the specified date, or at the specified time, is required
due to the exceptional circumstances specified in the certificate
After section 10A insert:
10B—Parliament may vary or substitute
regulations
(1) If—
(a) a regulation has been laid before each House of Parliament in
accordance with section 10(3); or
(b) a report has been made in respect of a regulation by the Legislative
Review Committee of the Parliament in accordance with
section 10(5),
that regulation may be varied by resolution of either House of
Parliament.
(2) A resolution is not effective for the purposes of this section
unless—
(a) in the case of a regulation that has been laid before the House in
accordance with section 10(3)—the resolution is passed in pursuance
of a notice of motion given within 14 sitting days (which need not fall
within the same session of Parliament) after the regulation was laid before the
House; or
(b) in the case of a regulation that has been the subject of a report by
the Legislative Review Committee of the Parliament in accordance with
section 10(5)—the resolution is passed in pursuance of a notice of
motion given within 6 sitting days (which need not fall within the same
session of Parliament) after the report of the Legislative Review Committee of
the Parliament has been made to the House.
(3) When a resolution referred to in this section has been passed, notice
of that resolution must forthwith be published in the Gazette.
(4) A variation of a regulation under this section has
effect—
(a) if the regulation that is to be varied has come into operation before
the notice under subsection (3) is published in the
Gazette—
(i) 7 days after the notice is published; or
(ii) on such later date as may be specified in the notice; or
(b) if the regulation that is to be varied has not come into operation
before the notice under subsection (3) is published in the Gazette—on
the commencement of the regulation.
(5) Nothing in this section affects the validity of anything done, or
omitted to be done, in accordance with a regulation before a variation of the
regulation under this section has effect.
10C—References to disallowance in other
Acts
Unless the contrary intention appears, a reference in any other Act or
statutory instrument to the disallowance of a regulation includes a reference to
the disallowance of part of a regulation.
7—Amendment of
section 16C—Postponement of expiry
Section 16C(2)—after "regulation" first occurring insert:
, or part of a regulation,
Schedule
1—Transitional provision
The Subordinate Legislation Act 1978, as amended by this Act,
applies in relation to a regulation made before or after the commencement of
this Act.