38APublication, &c., of proclamations, orders-in-council, and other instruments

38A Publication, &c., of proclamations, orders-in-council, and other instruments

[Section 38A Substituted by No. 40 of 1985, s. 6 ]

(1)  Except as provided in subsection (3) , the provisions prescribed in subsection (2) apply in respect of –

(a) every proclamation or order-in-council made in the exercise of a prerogative right of the Crown;

(b) every proclamation or order-in-council made under an Act or Imperial Act; and

(c) every prescribed instrument made under an Act.

(2)  For the purposes of subsection (1) , the following provisions are prescribed as the provisions that apply in respect of every proclamation or order-in-council referred to in that subsection and in respect of every prescribed instrument:

(a) [Section 38A Subsection (2) amended by No. 63 of 1997, Sched. 1, Applied:23 Mar 1998] if the proclamation, order-in-council, or prescribed instrument is not a statutory rule within the meaning of the Rules Publication Act 1953 or is exempted from the operation of that Act, the proclamation, order-in-council, or prescribed instrument shall be published in the Gazette;

(b) if the proclamation, order-in-council, or prescribed instrument is a statutory rule within that meaning, the making of the proclamation, order-in-council, or prescribed instrument shall be notified in the Gazette;

(c) in the case of –

(i) a proclamation made under an Act that fixes the day of the commencement of that Act or a provision of that Act;

(ii) an order-in-council made under an Act that fixes the day of the commencement of a provision of that Act; or

(iii) a prescribed instrument that fixes the day of the commencement of a provision of an Act –

the day so fixed shall be a day on or after the date of publication of the proclamation, order-in-council, or prescribed instrument in the Gazette or, as the case may be, a day on or after the date of notification in the of the making of the proclamation, order-in-council, or prescribed instrument;