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Legislative Assembly for the ACT: 2001 Week 8 Hansard (7 August) . . Page.. 2520 ..
[2.23G] Section 65, heading
substitute
65 Disallowance by resolution of Assembly
(SLA s 6 (7), (7A), (8), and s 10)Explanatory note
This amendment makes the heading more informative.[2.23H] Section 65 (2)
substitute
(2) If the Legislative Assembly passes a resolution to disallow the subordinate law or disallowable instrument, it is taken to be repealed-
(a) on the day the disallowance is notified; or
(b) if the resolution provides that it takes effect on the day the resolution is passed-that day.
Explanatory note
This amendment spells out more clearly when the repeal made by a disallowance takes effect and is consequential on amendment 2.23K. It preserves the Legislative Assembly's control over the timing of the effect of a disallowance by allowing it to fix the day of disallowance as the date of effect, even though the disallowance may be notified later.[2.23J] New section 65 (4)
insert
(4) If subsection (3) applies, the resolution is taken to be the resolution set out in the motion for the resolution.
Explanatory note
This amendment spells out more clearly what the 'resolution' is if a disallowance motion is not actually passed by the Legislative Assembly, but is taken to have been passed. The resolution set out in the disallowance motion is the resolution notified under proposed new section 65A (inserted by amendment 2.23K).[2.23K] New section 65A
insert
65A Notification of disallowance by resolution of Assembly
(SLA s 6 (8) and s 10)(1) If a subordinate law or disallowable instrument is disallowed, or taken to have been disallowed, under section 65 (Disallowance by resolution of Assembly), the Speaker must ask the parliamentary counsel to notify the disallowance.
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