Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_41a:p1
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 41A (pt 1/2)
Character Range: 386119–388719

41A  Disallowable instruments
 (1) This section applies to an instrument (the key instrument) that an enactment:
 (a) confers power to make; and
 (b) expressly provides is a disallowable instrument for the purposes of this section.
 (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.
Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.
 (3) A copy of the key instrument must be given to the Commonwealth Minister within 14 days after it is made.
 (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.
 (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.
 (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.
 (7) If:
 (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and
 (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;
the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.
 (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:
 (a) starting when the key instrument is made; and
 (b) ending:
 (i) if the key instrument ceases to have effect at a time under subsection (4)—at that time; or
 (ii) if a