12Disallowance of national regulations

12 Disallowance of national regulations

(1) Section 15(1) and Part 5 (except section 21(1)(j)) of the Subordinate Legislation Act 1994 apply to a national regulation as if—

(a) the national regulation were a statutory rule within the meaning of that Act; and

S. 12(1)(b) amended by No. 68/2017 s. 106.

(b) a reference in section 15(1) or 23(2)(a)(ii) of that Act to publication of notice of the making of the statutory rule in the Government Gazette under section 17(2) of that Act were a reference to the later of—

(i) publication of the national regulation under section 265(1) of the Rail Safety National Law (Victoria);

(ii) the day this section comes into operation.

(2) If a national regulation is disallowed in whole or in part under the Subordinate Legislation Act 1994, then despite anything to the contrary in that Act, the disallowed regulation does not, or the disallowed part does not, cease to have effect in this jurisdiction unless the disallowed regulation, or disallowed part, is disallowed in a majority of the participating jurisdictions.

(3) In such a case, the disallowed regulation, or disallowed part, ceases to have effect on the date that regulation or part is disallowed in the last of the participating jurisdictions forming the majority of participating jurisdictions.

Pt 3 (Headings and ss 13–38) repealed by No. 41/2019 s. 10.