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Notification of subordinate laws—Act, s 61 (2)

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Part 2Notification of legislative instruments

8 Notification of subordinate laws—Act, s 61 (2)

(1)

This section sets out the other requirements that must be complied with for the parliamentary counsel to notify the making of a subordinate law.

(2)

The person requesting notification must give the parliamentary counsel a written request for notification that gives—

(a)

the information about the person required under subsection (3); and

(b)

the information and material required under subsection (4) in relation to the subordinate law.

(3)

The information required about the person is as follows:

(a)

the person’s name and title;

(b)

the person’s administrative unit, court, tribunal or other agency;

(c)

the person’s telephone number;

(d)

whether the person is making the request as an authorised person for making the request or a delegate.

(4)

The information and material required in relation to the subordinate law are as follows:

(a)

the name of the subordinate law;

(b)

the name of the authorising law;

(c)

the authorising provision of that law;

(d)

the subordinate law’s notification number;

(e)

the name (as signed) and title of—

(i)

for a subordinate law made by the Executive—each Minister who signed the subordinate law; or

(ii)

for any other rules of a court or tribunal—each maker of the rules;

(f)

the date the subordinate law was made;

(g)

if the draft subordinate law for making was supplied by the parliamentary counsel—

(i)

the Parliamentary Counsel’s Office job number of the supplied draft; and

(ii)

a statement certifying that the text of the subordinate law as made is the same as the text of the supplied draft, or a statement of any changes made to the supplied draft;

(h)

if the draft subordinate law for making was not supplied by the parliamentary counsel—

(i)

an electronic copy of the subordinate law as made in Microsoft Word or another electronic form approved by the parliamentary counsel; and

(ii)

a statement certifying that the electronic copy is an exact copy of the text of the subordinate law as made; and

(iii)

a statement certifying that the subordinate law complies with section 6 or a statement about why the subordinate law should be notified despite the noncompliance; and

(iv)

whether the subordinate law repeals or amends another instrument and, if so, details that identify the repealed or amended instrument including its name (if any) and notification number (if any);

(i)

whether the subordinate law is to be notified as soon as practicable or on a date stated in the request for notification;

(j)

details about the commencement date, or proposed commencement date, for the subordinate law.

9 Notification of disallowable instruments, notifiable instruments (other than approved forms) and commencement notices—Act s 61 (2)

(1)

This section sets out the other requirements that must be complied with for the parliamentary counsel to notify the making of—

(a)

a disallowable instrument; or

(b)

a notifiable instrument (other than an approved form); or

(c)

a commencement notice.

(2)

The person requesting notification must give the parliamentary counsel a written request for notification that gives—

(a)

the information about the person required under subsection (3); and

(b)

the information and material required under subsection (4) in relation to the instrument.

(3)

The information required about the person is as follows:

(a)

the person’s name and title;

(b)

the person’s administrative unit, court, tribunal or other agency;

(c)

the person’s telephone number;

(d)

whether the person is making the request as an authorised person for making the request or a delegate.

(4)

The information and material required in relation to the instrument are as follows:

(a)

the name of the instrument;

(b)

whether it is a disallowable instrument, a notifiable instrument or a commencement notice;

(c)

the name of the authorising law;

(d)

the authorising provision of that law;

(e)

the instrument’s notification number;

(f)

the name (as signed) and title of—

(i)

for an instrument made by the Executive—each Minister who signed the instrument; or

(ii)

for any other instrument—each maker of the instrument;

(g)

the date the instrument was made;

(h)

whether the instrument repeals or amends another instrument and, if so, details that identify the repealed or amended instrument including its name (if any) and notification number (if any);

(i)

if the instrument is an appointment for a period—the date the appointment period ends;

(j)

if the draft instrument for making was supplied by the parliamentary counsel—

(i)

the Parliamentary Counsel’s Office job number of the supplied draft; and

(ii)

a statement certifying that the text of the instrument as made is the same as the text of the supplied draft, or a statement of any changes made to the supplied draft;

(k)

if the draft instrument for making was not supplied by the parliamentary counsel—

(i)

an electronic copy of the instrument as made in Microsoft Word or another electronic form approved by the parliamentary counsel; and

(ii)

a statement certifying that the electronic copy is an exact copy of the text of the instrument as made; and

(iii)

a statement certifying that the instrument complies with section 6 or a statement about why the instrument should be notified despite the noncompliance;

(l)

whether the instrument is to be notified as soon as practicable or on a date stated in the request for notification;

(m)

details about the commencement date, or proposed commencement date, for the instrument.

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