Subordinate Legislation Act 1994

This section applies to a legislative instrument if—

the authorising Act under which the legislative instrument is made states that the legislative instrument is subject to disallowance by the Parliament or by a House of the Parliament; or

in a report under section 25A, the Scrutiny Committee has recommended that the legislative instrument be disallowed in whole or in part; or

there was a failure to comply with section 16B(1) or (2) and the Scrutiny Committee has reported that failure to each House of the Parliament.

A legislative instrument to which this section applies is disallowed in whole or in part if—

a notice of a resolution to disallow the legislative instrument is given in a House of the Parliament—

on or before the 18th sitting day of that House after the instrument is laid before that House; or

in the case of failure to comply with section 16B(1) in respect of a legislative instrument, on or before the 24th sitting day of that House after—

the legislative instrument has been published in the Government Gazette under section 16A(1); or

if section 16A(2) applies, notice of making and availability has been published in the Government Gazette; and

the resolution is passed by that House on or before the 12th sitting day of that House after the giving of the notice of the resolution.

Notice of a resolution to disallow a legislative instrument may be expressed to apply to the whole or to any part of the legislative instrument.

A resolution to disallow the whole or any part of a legislative instrument has effect according to its tenor.

If a House of the Parliament is prorogued or the Legislative Assembly is dissolved—

the prorogation or dissolution does not affect the power of the House to pass a resolution disallowing a legislative instrument; and

the calculation of sitting days of the House is to be made as if there had been no prorogation or dissolution.