Interpretation Act 1978

A failure to table subordinate legislation in the Legislative

Assembly does not affect the validity of the subordinate legislation, but may be the subject of a referral by the Assembly to the committee responsible for the examination of instruments of a legislative character or another committee of the Assembly.

The Legislative Assembly may pass a resolution disallowing subordinate legislation, or specified provisions of it, that is required to be tabled under this Division, whether or not it has been tabled.

Notice of a resolution referred to in subsection (2) must be given within:

in the case of subordinate legislation that is tabled in accordance with section 63(b) or 63A(2)(b) – 12 sitting days after the subordinate legislation is tabled; or

in the case of subordinate legislation that has not been tabled in accordance with section 63(b) or 63A(2)(b) – 12 sitting days after the last sitting day the subordinate legislation was required to be tabled.

Subject to subsection (5), disallowance under this section has the same effect as a repeal of the subordinate legislation or specified provisions of it.

If a provision of disallowed subordinate legislation (the

disallowed provision) amended or repealed a provision of other subordinate legislation, the disallowance revives the other provision from the date of the disallowance as if the disallowed provision had not been made.