41Disallowance of statutory rules

#### 41 Disallowance of statutory rules 41 Disallowance of statutory rules > > (1) Either House of Parliament may pass a resolution disallowing a statutory rule— > > > > > (a) at any time before the relevant written notice is laid before the House, or > > > > > (b) at any time after the relevant written notice is laid before the House, but only if notice of the resolution was given within 15 sitting days of the House after the relevant written notice was so laid. > > > (2) On the passing of a resolution disallowing a statutory rule, the rule shall cease to have effect. > > > (3) The disallowance of a statutory rule has the same effect as a repeal of the rule. > > > (4) If— > > > > > (a) a statutory rule ceases to have effect by virtue of its disallowance, and > > > > > (b) the rule amended or repealed some other Act or statutory rule that was in force immediately before the rule took effect, > > > > the disallowance of the rule has the effect of restoring or reviving the other Act or statutory rule, as it was immediately before it was amended or repealed, as if the rule had not been made. > > > (5) The restoration or revival of an Act or statutory rule pursuant to subsection (4) takes effect on the day on which the statutory rule by which it was amended or repealed ceases to have effect. > > > (6) This section applies to a portion of a statutory rule in the same way as it applies to the whole of a statutory rule. > > > (7) Any provision of an Act that relates to the disallowance of statutory rules made under the Act is of no effect. > > > (8) This section does not apply to the Standing Rules and Orders of the Legislative Council and Legislative Assembly. > > > (9) This section does not limit any provision of an Act (for example, section 14A (6) of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032)) that provides that a statutory rule shall not cease to have effect upon its disallowance by either House of Parliament unless it has previously been disallowed by the other House of Parliament.