Victorian Current Acts

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Tabling and disallowance of certain Orders, notices and approved codes of practice

    (1)     In this section—

"disallowable instrument" means—

        (a)     an Order under section 4;

        (b)     a notice under section 79(7);

        (c)     an approved code of practice.

    (2)     On or before the 6th sitting day after a disallowable instrument is published in the Government Gazette, the Minister must ensure that a copy of that instrument is laid before each House of the Parliament.

    (3)     A failure to comply with subsection (2) does not affect the operation or effect of the disallowable instrument but the Scrutiny of Acts and Regulations Committee of the Parliament may report the failure to each House of the Parliament.

    (4)     A disallowable instrument may be disallowed in whole or in part by either House of Parliament.

    (5)     Part 5 of the Subordinate Legislation Act 1994 applies a disallowable instrument as if—

        (a)     a reference in that Part to a "statutory rule" were a reference to a disallowable instrument; and

        (b)     a reference in section 23(1)(c) of that Act to "section 15(1)" were a reference to subsection (1).

    (6)     A reference to a disallowable instrument in this section includes a reference to any amendment to, or revision of the whole or any part of, a disallowable instrument.

S. 104A inserted by No. 49/2011 s. 23.

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