46Approval of States and Territories required for regulations and other legislative instruments

46 Approval of States and Territories required for regulations and other legislative instruments

(1) The Governor‑General must not make regulations under this Act (including regulations amending other regulations made under this Act), and the Minister must not make a legislative instrument under this Act (including a legislative instrument amending another legislative instrument made under this Act), unless the Minister is satisfied that: (a) each State and Territory to which subsection (2) applies has been notified in writing of the proposal to make the regulations or legislative instrument; and (b) the following consultation period has ended: (i) if the extended consultation period does not apply—the minimum consultation period; (ii) if the extended consultation period applies—the extended consultation period; and (c) during that consultation period none of those States and Territories objected, by written notice given to the Minister, to the making of the regulations or legislative instrument. (2) This subsection applies to: (a) each State that, when the regulations or legislative instrument is made, is a participating State or a cooperating State; and (b) the Australian Capital Territory; and (c) the Northern Territory. Consultation periods (3) The minimum consultation period is the period that: (a) started when a State or Territory was first notified of the proposal as mentioned in paragraph (1)(a); and (b) ended on the 20th business day after the last day on which a State or Territory was notified as mentioned in that paragraph. (4) For the purposes of paragraph (1)(b), the extended consultation period applies if: (a) the regulations or legislative instrument amends other regulations or another legislative instrument; and (b) during the period that: (i) started at the start of the minimum consultation period; and (ii) ended on the tenth business day after the last day on which a State or Territory was notified of the proposal as mentioned in paragraph (1)(a); a State or Territory to which subsection (2) applies gave to the Minister written notice that the State or Territory required an additional 15 business days to consider the proposal. (5) The extended consultation period is the period that: (a) started at the start of the minimum consultation period; and (b) ended on the 35th business day after the last day on which a State or Territory was notified of the proposal as mentioned in paragraph (1)(a). Making objections (6) For the purposes of paragraph (1)(c), the Minister must disregard an objection by a State or Territory if: (a) the objection was not made by written notice given to the Minister; or (b) without limiting paragraph (a) of this subsection—any law of the State or Territory relating to the making of such an objection was not complied with in relation to the objection. Consultation requirements under the Legislation Act 2003 (7) This section does not limit section 17 of the Legislation Act 2003.