Subordinate Legislation Act 1994

If the Scrutiny Committee—

proposes under section 25A to recommend that a legislative instrument should be—

disallowed in whole or in part; or

amended; and

is of the opinion that considerations of justice and fairness require that the operation of the legislative instrument or any part of the legislative instrument should be suspended pending the consideration by the Parliament of the legislative instrument—

If the Scrutiny Committee proposes that the operation of a legislative instrument or part of a legislative instrument be suspended—

the Scrutiny Committee must forthwith send a copy of the report to the responsible Minister, the Governor in Council and the instrument maker; and

subject to subsection (3), the operation of the legislative instrument or part of a legislative instrument is suspended at the end of the period of 7 days after the sending of the report to the Governor in Council until the end of the period during which the legislative instrument or part of the legislative instrument could be disallowed under section 25C.

The Governor in Council, on the recommendation of the responsible Minister made within the period of 7 days referred to in subsection (2), may by Order published in the Government Gazette declare that the operation of the legislative instrument or part of the legislative instrument is not suspended.

As from the date on which the Order is published, the provision in a report of the Scrutiny Committee providing for the suspension ceases to have any force or effect.

While the operation of a legislative instrument or part of the legislative instrument is suspended under this section, the legislative instrument is deemed not to have been made or to have been made without that part.