Document ID: chunk:federal_register_of_legislation:C2024C00598:section:46:p3
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 46 (pt 3/4)
Character Range: 198266–201030

the motion is withdrawn or otherwise disposed of.

Disallowance motion passed
 (6) The Minister must not accredit the management arrangement or authorisation process if either House of the Parliament passes a resolution disallowing the accreditation of the management arrangement or authorisation process following a motion of which notice has been given within 15 sitting days after the management arrangement or relevant part of the law has been laid before the House.

Disallowance motion not defeated in time
 (7) The Minister must not accredit the management arrangement or authorisation process if, at the end of 15 sitting days after notice of a motion to disallow the management arrangement or authorisation process that was given in a House of the Parliament within 15 sitting days after the management arrangement or relevant part of the law was laid before the House:
 (a) the notice has not been withdrawn and the motion has not been called on; or
 (b) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of.

Extended time after dissolution or prorogation
 (8) If:
 (a) notice of a motion to disallow the management arrangement or authorisation process is given in a House of the Parliament (the disallowing House); and
 (b) before the end of 15 sitting days of the disallowing House after the notice is given:
 (i) the House of Representatives is dissolved or expires; or
 (ii) the Parliament is prorogued; and
 (c) at the time of the dissolution, expiry or prorogation (as appropriate):
 (i) the notice has not been withdrawn and the motion has not been called on; or
 (ii) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;
the management arrangement or relevant part of the law is taken for the purposes of subsections (5), (5A), (6) and (7) to have been laid before the disallowing House on the first sitting day of that House after the dissolution, expiry or prorogation (as appropriate).

No preference
 (9) In accrediting a management arrangement or authorisation process for the purposes of a bilateral agreement making a declaration relating to an action:
 (a) by a person for the purposes of trade between Australia and another country or between 2 States; or
 (b) by a constitutional corporation;
the Minister must not give preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State.

Requirements for bilateral agreement making declaration
 (10) If the declaration is for actions approved in accordance with a bilaterally accredited management arrangement, the declaration does not have effect for the purposes of this Act unless the bilateral agreement requires