Document ID: chunk:federal_register_of_legislation:C2008A00083:clause:1_59a
Version: federal_register_of_legislation:C2008A00083
Segment Type: clause
Provision Reference: sch 1 cl 59A
Character Range: 9435–10778

59A  Minister's power to determine modifications

 (1) The Minister may, in writing, determine that the *Compliance Scheme has effect subject to specified modifications during a specified period if the Minister considers that there are exceptional circumstances justifying the making of the determination.

 (2) During the period specified in a determination under subsection (1), the *Compliance Scheme has effect subject to the modifications specified in the determination.

 (3) The Minister must, in relation to each determination under subsection (1):
 (a) include in the determination a statement of the reasons for making the determination; and
 (b) cause a copy of the determination to be given to the *Compliance Committee as soon as practicable after the day on which the determination is made.

Note: A copy of the determination will also have to be laid before each House of the Parliament (see section 38 of the Legislative Instruments Act 2003).

 (4) Modifications specified in a determination under subsection (1) do not have to be consistent with section 49.

 (5) A determination under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the determination.

 (6) In this section:

modifications includes additions, omissions and substitutions.