Legislative instruments not to be remade while subject to disallowance
47 Legislative instruments not to be remade while subject to disallowance
If notice of a motion to disallow a legislative instrument, or a provision of a legislative instrument, has been given in a House of the Parliament within 15 sitting days of that House beginning on the first sitting day after the instrument was laid before that House, a legislative instrument, or a provision of a legislative instrument, that is the same in substance as the first‑mentioned instrument or provision, must not be made unless:
the notice has been withdrawn; or
the instrument or provision is taken to have been disallowed under subsection 42(2); or
the motion has been withdrawn or otherwise disposed of; or
subsection 42(3) has applied in relation to the instrument.
If:
because of subsection 42(3), a legislative instrument is taken to have been laid before a House of the Parliament on a particular day; and
notice of a motion to disallow the instrument or a provision of the instrument has been given in that House within 15 sitting days of that House beginning on the first sitting day after that day;
a legislative instrument, or a provision of a legislative instrument, that is the same in substance as the first‑mentioned instrument or provision must not be made unless:
the notice has been withdrawn; or
the first‑mentioned instrument or provision is taken to have been disallowed under subsection 42(2); or
the motion has been withdrawn or otherwise disposed of; or
subsection 42(3) has applied again in relation to the first‑mentioned instrument.
A legislative instrument or a provision of a legislative instrument made in contravention of this section has no effect.
This section does not limit the operation of section 46 or 48.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.