246Parliamentary scrutiny of national regulations

246 Parliamentary scrutiny of national regulations

246 Parliamentary scrutiny of national regulations

(1) A regulation made under this Law must be tabled in, or notice of its making given to, the Parliament of each participating jurisdiction—

(a) if a regulation made under an Act of that jurisdiction must be tabled in the Parliament of that jurisdiction—in the same way a regulation must be tabled in that jurisdiction; or

(b) if notice of the making of a regulation made under an Act of that jurisdiction must be given to the Parliament of that jurisdiction—in the same way notice must be given in that jurisdiction.

(1A) However, failure to comply with subsection (1) does not affect the validity of the regulation.

(1B) The regulation may be disallowed in a participating jurisdiction by a House of the Parliament of that jurisdiction in the same way that a regulation made under an Act of that jurisdiction may be disallowed.

(1C) However, subsection (1D) applies if—

(a) a regulation is not tabled in accordance with the law of a participating jurisdiction; and

(b) under the law of that jurisdiction a regulation may be disallowed only after its tabling.

(1D) The regulation is taken to be have been tabled in the Parliament of that jurisdiction on the first sitting day after the regulation was required to be tabled under the law of the jurisdiction.

(2) A regulation disallowed under subsection (1) does not cease to have effect in the participating jurisdiction, or any other participating jurisdiction, unless the regulation is disallowed in a majority of the participating jurisdictions.

(3) If a regulation is disallowed in a majority of the participating jurisdictions, it ceases to have effect in all participating jurisdictions on the date of its disallowance in the last of the jurisdictions forming the majority.

(4) In this section—

regulation includes a provision of a regulation.

s 246: Am 2017 No 32, sec 50.