Document ID: chunk:federal_register_of_legislation:C2010A00095:clause:3_2
Version: federal_register_of_legislation:C2010A00095
Segment Type: clause
Provision Reference: sch 3 cl 2
Character Range: 38493–40151

2  Subsections 58B(4) and (5)
Repeal the subsections, substitute:
 (4) A determination is a disallowable instrument for the purposes of section 46B of the Acts Interpretation Act 1901. However:
 (a) subsections (5) to (5C) of this section apply to a determination instead of subsections 46B(5) to (8) of that Act; and
 (b) paragraph 46B(2)(d) and subsection 46B(3) of that Act have effect in relation to a determination as if references to subsection (5) of section 46B were instead references to subsection (5) of this section.
 (5) A determination must be notified in the Gazette and, if the determination is not so notified by being published in full in the Gazette, a notice in the Gazette of the determination's having been made, and of the website on which it is available, is sufficient compliance with that requirement.
 (5A) If a notice of the making of a determination is published in accordance with subsection (5), the determination must, at the time of publication of the notice or as soon as practicable thereafter, be made available on the website specified in the notice.
 (5B) If, on the day of publication of a notice referred to in subsection (5), the determination to which the notice relates is not available on the website specified in the notice, the Minister must cause to be laid before each House of the Parliament, within 15 sitting days of that House after that day, a statement that the determination was not so available and the reason why it was not so available.
 (5C) Failure to comply with a requirement of subsection (5A) or (5B) in relation to a determination does not constitute a failure to comply with subsection (5).