Victorian Current Acts

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ALCOA (PORTLAND ALUMINIUM SMELTER) ACT 1980 - SECT 4A

Variation of Agreement

    (1)     The Agreement may be varied by agreement between the Premier of Victoria and the Company with the approval of the Governor in Council by Order in Council containing particulars of the variation published in the Government Gazette .

    (2)     Unless and until each House of Parliament passes a resolution in accordance with subsection (6) disallowing an Order in Council varying the Agreement, the provisions of the agreement making the variation shall have the force of law on and after the date on which the Order was published in the Government Gazette as though the provisions of the agreement were expressly enacted in this Act.

    (3)     An Order in Council made pursuant to subsection (1) shall, upon publication in the Government Gazette , be judicially noticed and that publication shall be conclusive evidence of the variation to the Agreement set out in the Order.

    (4)     A copy of each Order in Council made pursuant to subsection (1) shall be laid before both Houses of Parliament on or before the sixth sitting day after the publication of the Order in the Government Gazette .

    (5)     An Order in Council made pursuant to subsection (1) shall be disallowed if each House of Parliament passes a resolution in accordance with subsection (6).

    (6)     A resolution to disallow an Order in Council made pursuant to subsection (1) is passed in accordance with this subsection where—

        (a)     notice of the resolution is given in each House of the Parliament on or before the 18th day upon which that House sits after the Order in Council is laid before that House; and

        (b)     the resolution is passed on or before the 12th day upon which that House sits after the notice of resolution has been given in that House.

    (7)     The power of each House to pass a resolution disallowing an Order in Council under this section is not affected by the prorogation or dissolution of the Parliament or of either House of the Parliament and, where there is such a prorogation or dissolution, the calculation of days upon which a House has sat shall be made as if there had been no such prorogation or dissolution.

    (8)     Notice of a resolution to disallow an Order in Council may be expressed to apply to all or any part of the particulars of the variation contained in the Order in Council and a resolution to disallow all or any part of those particulars shall take effect according to its tenor.

    (9)     Where a resolution is passed disallowing part only of the particulars of the variation contained in an Order in Council, the particulars not disallowed shall be of no effect unless and until each of the Premier of Victoria and the Company gives notice to the other expressing an intention to be bound by the particulars not disallowed, or by part of those particulars, and, where notice is so given, the particulars, or part of the particulars, take effect accordingly.

    (10)     Where an Order in Council is disallowed by Parliament in accordance with subsection (6), the disallowance shall have the like effect to the repeal of an enactment.

    (11)     This section is in addition to and not in derogation from the power conferred by the Agreement for the Premier of Victoria and the Company to enter agreements or arrangements for better giving effect to the provisions of the Agreement.



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