Document ID: chunk:federal_register_of_legislation:C2007A00098:clause:1_106
Version: federal_register_of_legislation:C2007A00098
Segment Type: clause
Provision Reference: sch 1 cl 106
Character Range: 101752–104133

106  Council may revoke or amend standard or variation

 (1) If, after a second review, the Authority notifies the Council that the Authority has decided under paragraph 104(2)(a) to re‑affirm the standard or variation, the Council must, within 60 days after the notification:
 (a) inform the Authority that the Council does not intend to revoke or amend the standard or variation; or
 (b) by legislative instrument, revoke or amend the standard or variation with effect from a date specified in the instrument.

 (2) If the Council decides to revoke or amend the standard or variation, the Council must:
 (a) prepare a notice setting out the reasons for that decision; and
 (b) give the Authority a copy of the notice; and
 (c) publish a copy of the notice:
 (i) on the Internet; and
 (ii) in a generally circulating newspaper, in each State or Territory and in New Zealand.

 (3) Before amending the standard or variation, the Council must give the Authority an opportunity to submit to the Council a draft of the text of the amendment.

 (4) As soon as practicable after the Council decides to revoke or amend the standard or variation, the Authority must:
 (a) prepare a notice stating that the revocation or amendment is to come into effect on the date specified in the instrument of revocation or amendment; and
 (b) cause a copy of the notice to be published:
 (i) in the Gazette; and
 (ii) in the New Zealand Gazette; and
 (iii) in a generally circulating newspaper, in each State or Territory and in New Zealand;
  together with information about where the text of the revocation or amendment may be obtained or inspected; and
 (c) make a copy of:
 (i) the notice; and
 (ii) the text of the instrument of revocation or amendment;
  available for inspection by the public; and
 (d) publish on the Authority's Internet site a copy of:
 (i) the notice; and
 (ii) the text of the instrument of revocation or amendment.

 (5) If a standard or variation is the subject of a notice under subsection (4), the standard or variation is taken to have been made under this Act if and when the standard or variation comes into effect under the instrument of revocation or amendment.

Instruments of revocation are not subject to disallowance or sunsetting

 (6) Section 42 and Part 6 of the Legislative Instruments Act 2003 do not apply to the instrument of revocation or amendment.