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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Subordinate Legislation (Proposals to Vary Regulations)
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
3Insertion of section
10B
10BProposals to vary
regulations
Schedule 1—Transitional
provision
1Transitional
provision
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Subordinate Legislation (Proposals to Vary
Regulations) 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
After section 10A insert:
10B—Proposals to vary
regulations
(1) If a regulation has
been laid before each House of Parliament in accordance with section
10(3)—
(a) the Legislative
Review Committee of the Parliament as part of its inquiry into the regulation;
or
(b) either House of
Parliament, by resolution,
may request that the responsible Minister consider 1 or more variations to
the regulation suggested by the Committee or specified in the relevant
resolution (as the case may be).
(2) A resolution of a House of Parliament is not effective for the
purposes of
subsection (1)
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) If a request is made under
subsection (1),
the responsible Minister must, within 9 sitting days, respond to the
request by—
(a) in the case of a request under
subsection (1)(a)—by
written report furnished to the Committee;
(b) in the case of a request under
subsection (1)(b)—by
written report tabled in the relevant House of Parliament.
(4) The report must include—
(a) an indication of any variation that is to be adopted or given effect
to as a result of the request that has been made; and
(b) to the extent (if any) that it has been decided not to adopt or give
effect to a variation that has been suggested—the reasons for the
decision,
and may include such other information or material as the responsible
Minister thinks fit.
(5) In this section—
responsible Minister, in
relation to a regulation, means the Minister responsible for the administration
of the Act under which the regulation is made.
Schedule 1—Transitional
provision
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.