15AAmendment of State Policies

### 15A Amendment of State Policies > [*\[Section 15A Inserted by No. 21 of 1997, s. 12, Applied:01 Aug 1997\]*](/view/html/inforce/1997-08-01/act-1997-021#GS12@EN) > > > (1)  In this section, > > > > > ***referred amendment*** means a proposed amendment to a State Policy, or that part of a proposed amendment to a State Policy, specified in a direction given under [subsection (2)](#GS15A@Gs2@EN) . > > > (2)  [*\[Section 15A Subsection (2) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998\]*](/view/html/inforce/1998-01-01/act-1997-085#JS4@Ja12@GC9@EN) Where a proposed amendment to a State Policy has been submitted to the Minister, the Minister may give a written direction to the Commission to advise whether the Commission considers the proposed amendment, or that part of it specified in the direction, constitutes a significant change to the State Policy. > > > (3)  [*\[Section 15A Subsection (3) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998\]*](/view/html/inforce/1998-01-01/act-1997-085#JS4@Ja12@GC9@EN) Where the Commission is directed to provide advice in accordance with [subsection (2)](#GS15A@Gs2@EN) it must, within 21 days or such longer period as the Minister may allow, provide the advice to the Minister. > > > (4)  [*\[Section 15A Subsection (4) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998\]*](/view/html/inforce/1998-01-01/act-1997-085#JS4@Ja12@GC9@EN) The Commission must – > > > > > > (a) publish notice of its advice to the Minister under [subsection (3)](#GS15A@Gs3@EN) in the *Gazette*; and > > > > > > > (b) make the advice available to any person who wishes to view it. > > > (5)  [*\[Section 15A Subsection (5) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998\]*](/view/html/inforce/1998-01-01/act-1997-085#JS4@Ja12@GC9@EN) Where on receipt of advice from the Commission the Minister determines that a referred amendment does not constitute a significant change to the State Policy, the Minister must – > > > > > > (a) publish a notice in the *Gazette* specifying the details of the referred amendment and that the Minister considers that the referred amendment does not constitute a significant change to the State Policy; and > > > > > > > (b) [*\[Section 15A Subsection (5) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998\]*](/view/html/inforce/1998-01-01/act-1997-085#JS4@Ja12@GC9@EN) cause the notice and the advice of the Commission provided to the Minister under [subsection (3)](#GS15A@Gs3@EN) to be laid before each House of Parliament within the first 10 sitting days of the House after it has been published. > > > (6)  The referred amendment specified in the notice under [subsection (5)](#GS15A@Gs5@EN) takes effect on the date of publication of the notice in the *Gazette*. > > > (7)  [*\[Section 15A Subsection (7) amended by No. 17 of 1996, Applied:15 May 1998\]*](/view/html/inforce/1998-05-15/act-1996-017#AT@EN) If either House of Parliament passes a resolution within the first 5 sitting days after a notice referred to in [subsection (5)](#GS15A@Gs5@EN) is laid before it that the notice be disallowed, the amendment specified in the notice is void and, from that date of disallowance, the amendment ceases to have effect. > > > (8)  [*\[Section 15A Subsection (8) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998\]*](/view/html/inforce/1998-01-01/act-1997-085#JS4@Ja12@GC9@EN) Where on receipt of advice from the Commission the Minister determines that a referred amendment constitutes a significant change to the State Policy, the Minister must give a written direction to the Commission to prepare a report on the referred amendment and the Commission must prepare a report in accordance with the direction. > > > (9)  Where the Minister determines under [subsection (8)](#GS15A@Gs8@EN) that a referred amendment constitutes a significant change to the State Policy, the provisions of [sections 6](#GS6@EN) , [8](#GS8@EN) , [9](#GS9@EN) , [10](#GS10@EN) , [11](#GS11@EN) and [12](#GS12@EN) apply in relation to the referred amendment as if it were a draft State Policy. > > > (10)  For the purposes of this section, a referred amendment is taken to be a significant change to the State Policy to which it relates if it is a change which substantially alters the content or effect of the State Policy.