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Legislation Act 2019

Parliament’s oversight of secondary legislation - Disallowance by House of Representatives

118: Effect of disallowance on legislation

You could also call this:

"What happens to laws when they are disallowed and their changes are undone."

If secondary legislation is disallowed under section 116 or section 117, it is like the legislation has been revoked. You need to understand that when this happens, any changes the disallowed legislation made to other laws are undone. The other laws go back to how they were before the disallowed legislation changed them.

The changes to the other laws are undone at the time the disallowed legislation stops having effect. This rule is different from the usual rule about what happens when a law is repealed, which is explained in section 32. You can see how this rule is different from the usual rule when a law is repealed.

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Part 5Parliament’s oversight of secondary legislation
Disallowance by House of Representatives

118Effect of disallowance on legislation

  1. If secondary legislation, or a provision of secondary legislation, is disallowed under section 116 or 117, the following applies:

  2. the disallowance has the same effect as a revocation of the secondary legislation or provision (except as set out in this section):
    1. any other legislation that was previously amended, repealed, or revoked by the legislation or provision is restored or revived as it was immediately before it was amended, repealed, or revoked:
      1. the restoration or revival takes effect at the time the disallowed legislation ceases to have effect.

        1. This section alters the effect of section 32 (which relates to the effect of repeal generally).

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