sec.56AExemptions from expiry—other subordinate legislation

### sec.56A Exemptions from expiry—other subordinate legislation A regulation under this Act made before subordinate legislation, other than uniform subordinate legislation, expires under this part may exempt the legislation from expiry, for a stated period of not more than 1 year after the subordinate legislation would otherwise expire— for either of the following reasons— replacement subordinate legislation is being drafted and is proposed to be made before the stated period ends; the subordinate legislation is not proposed to be replaced by other subordinate legislation made under the Act under which or in relation to which it was made or preserved when it expires at the end of the stated period; or for the stated reason that the Act or provision under which or in relation to which the subordinate legislation, or part of the subordinate legislation, is made or preserved is subject to review. If a regulation is made under subsection (1) , the period of exemption stated in the regulation may be further extended by regulation ( extension regulation ) for further periods of not more than 1 year each. However, an extension regulation— must be made before the subordinate legislation expires; and may be made only for the stated reason under subsection (1) (b) . Within 7 sittings days after the extension regulation is made, the responsible Minister for the subordinate legislation being exempted must table in the Legislative Assembly a report stating— how the Act or provision is subject to review; and if subsection (6) (a) applies— the extent to which the Act or provision is being reviewed; and when the Minister expects the review to end. However, failure to comply with subsection (4) does not affect the validity of the extension regulation. For this section, an Act or provision is subject to review if— the Act or provision is being reviewed by any Minister; or because of a review of an Act or provision by any Minister, a Bill for an Act to repeal or amend the Act or provision is being drafted or has been introduced into the Legislative Assembly; or an Act repealing or amending the Act or provision has been enacted because of a review of an Act or provision by any Minister, but the repeal or amendment has not yet entirely commenced. In this section— responsible Minister , for subordinate legislation, means the Minister responsible for administering the Act or provision under which or in relation to which the subordinate legislation is made or preserved. s 56A ins 1999 No. 24 s 3 (sec.56A-ssec.1) A regulation under this Act made before subordinate legislation, other than uniform subordinate legislation, expires under this part may exempt the legislation from expiry, for a stated period of not more than 1 year after the subordinate legislation would otherwise expire— for either of the following reasons— replacement subordinate legislation is being drafted and is proposed to be made before the stated period ends; the subordinate legislation is not proposed to be replaced by other subordinate legislation made under the Act under which or in relation to which it was made or preserved when it expires at the end of the stated period; or for the stated reason that the Act or provision under which or in relation to which the subordinate legislation, or part of the subordinate legislation, is made or preserved is subject to review. (sec.56A-ssec.2) If a regulation is made under subsection (1) , the period of exemption stated in the regulation may be further extended by regulation ( extension regulation ) for further periods of not more than 1 year each. (sec.56A-ssec.3) However, an extension regulation— must be made before the subordinate legislation expires; and may be made only for the stated reason under subsection (1) (b) . (sec.56A-ssec.4) Within 7 sittings days after the extension regulation is made, the responsible Minister for the subordinate legislation being exempted must table in the Legislative Assembly a report stating— how the Act or provision is subject to review; and if subsection (6) (a) applies— the extent to which the Act or provision is being reviewed; and when the Minister expects the review to end. (sec.56A-ssec.5) However, failure to comply with subsection (4) does not affect the validity of the extension regulation. (sec.56A-ssec.6) For this section, an Act or provision is subject to review if— the Act or provision is being reviewed by any Minister; or because of a review of an Act or provision by any Minister, a Bill for an Act to repeal or amend the Act or provision is being drafted or has been introduced into the Legislative Assembly; or an Act repealing or amending the Act or provision has been enacted because of a review of an Act or provision by any Minister, but the repeal or amendment has not yet entirely commenced. (sec.56A-ssec.7) In this section— responsible Minister , for subordinate legislation, means the Minister responsible for administering the Act or provision under which or in relation to which the subordinate legislation is made or preserved. - (a) for either of the following reasons— (i) replacement subordinate legislation is being drafted and is proposed to be made before the stated period ends; (ii) the subordinate legislation is not proposed to be replaced by other subordinate legislation made under the Act under which or in relation to which it was made or preserved when it expires at the end of the stated period; or - (i) replacement subordinate legislation is being drafted and is proposed to be made before the stated period ends; - (ii) the subordinate legislation is not proposed to be replaced by other subordinate legislation made under the Act under which or in relation to which it was made or preserved when it expires at the end of the stated period; or - (b) for the stated reason that the Act or provision under which or in relation to which the subordinate legislation, or part of the subordinate legislation, is made or preserved is subject to review. - (i) replacement subordinate legislation is being drafted and is proposed to be made before the stated period ends; - (ii) the subordinate legislation is not proposed to be replaced by other subordinate legislation made under the Act under which or in relation to which it was made or preserved when it expires at the end of the stated period; or - (a) must be made before the subordinate legislation expires; and - (b) may be made only for the stated reason under subsection (1) (b) . - (a) how the Act or provision is subject to review; and - (b) if subsection (6) (a) applies— (i) the extent to which the Act or provision is being reviewed; and (ii) when the Minister expects the review to end. - (i) the extent to which the Act or provision is being reviewed; and - (ii) when the Minister expects the review to end. - (i) the extent to which the Act or provision is being reviewed; and - (ii) when the Minister expects the review to end. - (a) the Act or provision is being reviewed by any Minister; or - (b) because of a review of an Act or provision by any Minister, a Bill for an Act to repeal or amend the Act or provision is being drafted or has been introduced into the Legislative Assembly; or - (c) an Act repealing or amending the Act or provision has been enacted because of a review of an Act or provision by any Minister, but the repeal or amendment has not yet entirely commenced.