Legislation Act 2019

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

120: Resolution or motion is secondary legislation

You could also call this:

"A resolution or motion can change laws and must follow special rules to be official."

When you look at a resolution or motion that changes or gets rid of secondary legislation, you are looking at secondary legislation itself. This is because it can disallow, amend, or replace secondary legislation under this part of the law, as explained in section 117, and it has to follow the publication requirements outlined in Part 3. You can find more information about publication requirements in Part 3.

When a resolution or motion is passed, the Clerk of the House of Representatives must send a copy of it to the Parliamentary Counsel Office, and they must publish it as if they had written it themselves, following section 69(3). This is an important step in the process of creating secondary legislation.

Some rules, like sections 116(2) and 117(2), still apply even if the copy or notice has not been published yet.

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119: House of Representatives may amend or replace secondary legislation, or

"MPs can change or replace some laws, and their changes take effect on a specific date."


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121: Definitions used in this subpart, or

"What special words mean in this part of the law"

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

120Resolution or motion is secondary legislation

  1. A resolution or a motion that (whether itself or as a result of section 117) disallows, amends, or replaces secondary legislation under this subpart is secondary legislation (see Part 3 for publication requirements).

  2. For that purpose, the Clerk of the House of Representatives must lodge a copy of the resolution or notice of the motion with the PCO, and the PCO must publish it as if it had been drafted by the PCO, under section 69(3).

  3. However, sections 116(2) and 117(2) apply even if the copy or notice is not yet published.

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