6.14 Tabling and disallowance

The Statutory Instruments Act 1992, section 49(1) states that subordinate legislation must be tabled in the Legislative Assembly within fourteen sitting days after it is notified. Subordinate legislation ceases to be effective if it is not tabled in the Legislative Assembly (Statutory Instruments Act 1992, section 49(2)).

The Statutory Instruments Act 1992, section 50(1) provides that the Legislative Assembly may pass a resolution disallowing subordinate legislation tabled in the Assembly if notice of a disallowance motion is given by a member within fourteen sitting days after the tabling. Subordinate legislation ceases to have effect if it is disallowed by the Legislative Assembly (Statutory Instruments Act 1992, section 50(3)).

If the subordinate legislation is not tabled as required or is disallowed, it is taken never to have been made or approved. However, nothing done or suffered under the legislation before it ceased to have effect is affected. Also, if the subordinate legislation amended or repealed other legislation, the other legislation is revived (Statutory Instruments Act 1992, section 51).

See Chapter 6.17 for information on the tabling process.