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Legislative Assembly for the ACT: 2001 Week 8 Hansard (7 August) . . Page.. 2522 ..
Explanatory note
This amendment overcomes a gap in the existing law by providing a mechanism for the notification of a disallowance of a subordinate law or disallowable instrument by the Legislative Assembly. The mechanism provided is similar to that already provided in the Legislation Act 2001 for Acts (s 28), registrable instruments (s 61) and amendments of subordinate laws and disallowable instruments made by resolution of the Legislative Assembly (s 68).[2.23L] Section 68 (3)
substitute
(3) If the Legislative Assembly passes a resolution to amend the subordinate law or disallowable instrument, it is amended accordingly-
(a) on the day the amendment 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 an amendment of a subordinate law or disallowable instrument made by resolution of the Legislative Assembly takes effect. It ensures the Legislative Assembly's control over the timing of the amendment by allowing it to fix the day the resolution is passed as the date of effect, even though the amendment may be notified later.[2.23M] New section 68 (4A)
insert
(4A) If subsection (4) 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 an amendment motion for a subordinate law or disallowable instrument is not actually passed by the Legislative Assembly, but is taken to have been passed. The resolution set out in the amendment motion is the resolution notified under section 68.[2.23N] Section 68 (6)
substitute
(6) Without limiting subsection (5), section 83 (Consequences of amendment of statutory instrument by Act) applies to the amendment as if it had been made by an Act.
Explanatory note
This amendment is consequential on amendment 2.23L (which deals with when an amendment resolution passed (or taken to have been passed) by the Legislative Assembly takes effect).
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