45Disallowance of an internal rule or a substantive rule

45 Disallowance of an internal rule or a substantive rule

(1) Without limiting subsection (2)(a), if a member of a House of the Parliament so requests, the Clerk of the relevant House must cause an internal rule or a substantive rule to be laid before that House as soon as practicable after the request.

(2) An internal rule or a substantive rule is disallowed in whole or in part if—

(a) the rule is laid before each House of the Parliament by a member of that House after its publication or by the Clerk, if so requested by a member; and

(b) a notice of a resolution to disallow the rule is given in each House on or before the 18th sitting day of the House after the rule is laid before that House by the member seeking disallowance; and

(c) the resolution is passed by each House on or before the 12th sitting day of the relevant House after the giving of the notice of the resolution in that House.

(3) The notice of a resolution to disallow the rule under subsection (2)(b) must be accompanied by a statement of reasons by the member for the disallowance which is to be laid before the House with the notice.

(4) Notice of a resolution to disallow an internal rule or a substantive rule may be expressed to apply to the whole or to any part of the internal rule or substantive rule.

(5) The member giving notice of the resolution to disallow the rule must give to the First Peoples' Assembly a copy of—

(a) the notice of the resolution to disallow the rule; and

(b) the statement of reasons.

(6) The member must give the copies to the First Peoples' Assembly under subsection (5) as soon as reasonably practicable after notice of a resolution to disallow the rule has been given to each House under subsection (2)(b).

(7) The resolution to disallow has effect according to its tenor.

(8) If a House of the Parliament is prorogued or the Legislative Assembly is dissolved—

(a) the prorogation or dissolution does not affect the power of the House to pass a resolution disallowing an internal rule or a substantive rule; and

(b) the calculation of sitting days of the House is to be made as if there had been no prorogation or dissolution.