South Australian Consolidated Acts South Australian Consolidated Acts (1) Where, by any Act
passed after the sixteenth day of December, 1915, it is provided that
regulations shall or may be made and it is not provided by whom such
regulations shall or may be made, any regulation made under, or by virtue of,
such provision, shall be made by the Governor.
(3) Except as is
expressly provided in any other Act, every regulation must be laid before each
House of Parliament within six sitting days of that House after it has been
made.
(4) A failure to have
a regulation laid before both Houses of Parliament in accordance with
subsection (3) does not affect the operation or effect of that
regulation.
(5) The Legislative
Review Committee of the Parliament may report a failure to comply with
subsection (3) to each House of Parliament.
(5a) Subject to this
section, where—
(a) a
regulation has been laid before each House of Parliament in accordance with
subsection (3); or
(b) a
report has been made in respect of a regulation by the Legislative Review
Committee of the Parliament in accordance with subsection (5),
that regulation may be disallowed by resolution of either House of Parliament
and will cease to have effect.
(5b) A resolution is
not effective for the purposes of subsection (5a) unless—
(a) in
the case of a regulation that has been laid before the House in accordance
with subsection (3)—the resolution is passed in pursuance of a
notice of motion given within 14 sitting days (which need not fall within the
same session of Parliament) after the regulation was laid before the House; or
(b) in
the case of a regulation that has been the subject of a report by the
Legislative Review Committee of the Parliament in accordance with
subsection (5)—the resolution is passed in pursuance of a notice of
motion given within six sitting days (which need not fall within the same
session of Parliament) after the report of the Legislative Review Committee of
the Parliament has been made to the House.
(6) When a resolution
referred to in subsection (5a) of this section has been passed, notice of
that resolution shall forthwith be published in the Gazette.
(7) Notwithstanding
anything in this section, where in any Act, whether passed before or after the
commencement of this Act, it is provided that any regulation shall be made by
an authority other than the Governor and that that regulation shall be
confirmed by the Governor or some other authority before it shall have the
force of law, that regulation shall not take effect unless it has been
confirmed as required.