Page:Subordinate Legislation Confirmation Bill (Version 11).pdf/5

Explanatory note

Clause 22 replaces section 39(3)(b) (which refers to confirmation provisions) with a new section 39(3)(b) referring to confirmable instruments. A related definition in section 37 is repealed consequentially by clause 21.

Clause 23 replaces section 45, which indicates the effect of disallowance on an enactment amended, repealed, or revoked by a disallowed instrument. New section 45 reenacts section 45 in the same form as new section 47G (inserted by clause 24).

Clause 24 inserts, in Part 3, new subpart 1A, which contains new sections 47A to 47I.

New section 47A is an overview of new subpart 1A.

New section 47B defines confirmable instrument and annual confirmable instrument.

An instrument is a confirmable instrument (new section 47B(1)) if all or a portion of the instrument—

A confirmable instrument is an annual confirmable instrument if all or a portion of the instrument is made under all or any of the sections specified in new section 47B(2).

New sections 47C and 47D are the new standard confirmation provisions. They are cross-referred to in all current Acts (and can also be cross-referred to in any future Act) under which subordinate legislation is made that will be revoked unless confirmed by Act. New section 47C takes an approach the same as, or very similar to, that taken by the confirmation provisions that apply to 41 of the 56 kinds of instruments currently subject to confirmation by Act. New section 47D is based on section 61H(4) of the Social Security Act 1964, which is a section that currently applies to 6 kinds of instruments.

New section 47C specifies a different applicable deadline for confirmation by Act depending on when the instrument is made.

Example 1: instrument made in first half of year

A customs import prohibition order made on 1 March 2016 is revoked at the close of 30 June 2017.

But that revocation, by new section 47C(1)(a), does not apply (new section 47C(2)) if the order— (a)

has been revoked, or expires, on 30 June 2017 or 1 July 2017 (ie, before or on the close of 30 June 2017); or

(b)

has ceased, or will cease, to have effect on 1 March 2017 because it has been disallowed under section 42 or 43; or

(c)

has on 20 December 2016 or 1 January 2017 been confirmed by the Subordinate Legislation (Confirmation) Act 2016.