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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 2012
A BILL FOR
An Act to amend the Subordinate
Legislation Act 1978.
Contents
Part 1—Preliminary
1Short title
2Amendment
provisions
Part 2—Amendment of Subordinate
Legislation Act 1978
3Amendment of section
10—Making of regulations
4Amendment of section
10A—Regulations to be referred to Legislative Review Committee
5Amendment of section 10AA—Commencement of
regulations
6Insertion of section
10B
10BParliament may vary or
substitute regulations
10CReferences to disallowance in other
Acts
7Amendment of section 16C—Postponement of
expiry
Schedule 1—Transitional
provision
1Transitional provision
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Subordinate Legislation (Miscellaneous)
Amendment Act 2012.
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)—delete "disallowed by resolution of either
House of Parliament and will cease to have effect" and substitute:
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
(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 both Houses of
Parliament.
(2) A resolution of a House of Parliament 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
both notices required under
subsection (3)
have been published in the Gazette—
(i) 7 days after the second of the notices is published; or
(ii) on such later date as may be specified in the notices; or
(b) if the regulation that is to be varied has not come into operation
before both notices required under
subsection (3)
have been 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.