39The making of statutory rules

#### 39 The making of statutory rules 39 The making of statutory rules > > (1) A statutory rule— > > > > > (a) shall be published on the NSW legislation website, and > > > > > (b) commences on the day on which it is so published or, if a later day is specified in the rule for that purpose, on the later day so specified. > > > (2) Subsection (1) does not prevent a statutory rule from specifying different days for the commencement of different portions of the rule. > > > (2A) Neither the whole nor any part of a statutory rule is invalid merely because (without statutory authority) the statutory rule is published on the NSW legislation website after the day on which one or more of its provisions is or are expressed to commence. In that case, that or those provisions commence on the day the statutory rule is published on the NSW legislation website, instead of on the earlier day. > > > (3) If an Act provides for the making of a statutory rule by a person or body other than the Governor, but the rule is required by law to be approved or confirmed by the Governor, subsections (1) and (2A) do not apply to the rule unless it has been approved or confirmed as so required. > > > (4) The Governor may, by order published on the NSW legislation website, exclude any specified class of statutory rules from the application of this section, but may do so only— > > > > > (a) in respect of statutory rules made under Acts passed before the commencement of this Act, and > > > > > (b) if, immediately before the commencement of this Act, section 41 of the [Interpretation Act 1897](/view/html/repealed/current/act-1897-004) did not apply to statutory rules of that class. > > > (5) This section does not apply to the Standing Rules and Orders of the Legislative Council and Legislative Assembly. > > **s 39:** Am 1995 No 16, Sch 1; 2006 No 43, Sch 1 \[7\]; 2009 No 56, Sch 2.25 \[1\]–\[3\].