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LEGISLATION ACT 2019

- As at 1 July 2025
- Act 58 of 2019

TABLE OF PROVISIONS

   1.      Title
   2.      Commencement

   PART 1 - Preliminary provisions

   3.      Purpose of this Act
   4.      Overview of this Act
   5.      Interpretation
   6.      Transitional, savings, and related provisions
   7.      Act binds the Crown

   PART 2 - Interpretation and application of legislation

   8.      Purposes of this Part
   9.      Application of this Part
   10.     How to ascertain meaning of legislation
   11.     Legislation applies to circumstances as they arise
   12.     Legislation does not have retrospective effect
   13.     Definitions of terms for all legislation
   14.     Meaning of de facto relationship
   15.     Meaning of step-parent, etc
   16.     References to specific gender or kind of person include others
   17.     When sending by post is taken as done
   18.     Parts of speech have corresponding meaning
   19.     Words in singular include plural and vice versa
   20.     Words used in secondary legislation or other instruments have same meaning as in empowering legislation
   21.     Anything done under secondary legislation or other instrument is also done under Act
   22.     Legislation not binding on the Crown
   23.     Examples do not limit provision
   24.     Outline of commencement provisions
   25.     Date on which Acts commence
   26.     Date on which secondary legislation commences
   27.     Time at which legislation commences
   28.     When legislation commences if calculated by number of months
   29.     Power to make commencement order
   30.     Amendments part of, and construed with, legislation amended
   31.     References to repeal or amendment extend to other ceasing of effect
   32.     Effect of repeal or amendment generally
   33.     Effect of repeal or amendment on existing rights and proceedings
   34.     Effect of repeal or amendment on prior offences and breaches of legislation
   35.     Powers exercised under repealed or amended legislation have continuing effect
   36.     Legislation made under repealed legislation has continuing effect
   37.     How to apply references to new legislation that is not yet in force
   38.     How to apply references to repealed legislation
   39.     Time of repeal of legislation on particular day
   40.     Authority to make secondary legislation
   41.     Secondary legislation may make consequential amendments to other secondary legislation
   42.     Amendments made to secondary legislation by Act do not prevent later amendments
   43.     When powers can be exercised before commencement
   44.     Limit on when pre-commencement exercise of powers takes effect
   45.     Power to appoint person to an office includes related powers
   46.     Power to do things may be exercised to correct errors
   47.     Powers of office holder may be exercised by acting office holders
   48.     Power to make includes power to amend or revoke
   49.     Power to make different provision for classes of matters
   50.     Power to identify matters using classes
   51.     Exercise or performance of powers, functions, and duties more than once
   52.     Use of approved or prescribed forms
   53.     Extension of power to approve or prescribe forms
   54.     When periods start and end
   55.     Extension for doing thing if day or last day is not working day
   56.     Calculating periods of months (except for commencement of legislation)
   57.     Determining time generally
   58.     Determining measurements of distance
   59.     Meaning of revision Act and old law
   60.     Revision Act is generally to have same effect as old law
   61.     Using old law as interpretation guide for revision Act
   62.     Exceptions: when revision Act changes effect of old law
   63.     Interpretation
   64.     Power for secondary legislation to incorporate material by reference
   65.     Schedule 2 applies if material incorporated by reference
   66.     Effect of amendments to material incorporated by reference

   PART 3 - Drafting and publishing of legislation

           SUBPART 1 - Drafting and publishing legislation

   67.     What legislation is drafted by PCO
   68.     Power to authorise IRD to draft Inland Revenue Bills
   69.     PCO must publish all legislation
   70.     PCO must publish consolidations of legislation that is amended
   71.     How and when PCO must publish legislation and consolidations of legislation
   72.     How and when electronic versions of legislation must be available on legislation website
   73.     Maker must publish secondary legislation not published by PCO (if required)
   74.     Applicable publication requirements for secondary legislation not published by PCO
   75.     Additional applicable publication requirements for secondary legislation with international transparency obligations under CPTPP
   76.     Chief Parliamentary Counsel must support international transparency obligations
   77.     Definitions for purposes of international transparency obligations
   78.     Official versions of legislation
   79.     Legal status of official versions
   79A.    Legislative status of publication notes and information
   80.     Evidential status of minimum legislative information
   81.     Judicial notice of legislation
   82.     Power to revoke spent secondary legislation and other instruments
   83.     Attorney-General directions under this Part
           Note
   83A.    Annual report on exemptions from presentation and other drafting and publication matters

           SUBPART 2 - Correcting errors and making other editorial changes

   84.     Purpose of this subpart
   85.     Interpretation
   86.     Power to make editorial changes
   87.     Editorial changes
   88.     Changes to numbering
   89.     Changes to format
   90.     When changes take effect
   91.     Changes to legislation to be noted on legislation website

           SUBPART 3 - Revision Bills

   92.     Purpose of this subpart
   93.     Overview of this subpart
   94.     Interpretation
   95.     Three-yearly revision programme
   96.     Revision powers
   97.     Format of revision Bill
   98.     Certification of revision Bill
   99.     Amendments proposed by revision Bills
   100.    PCO’s annual report may address matters relating to revision and editorial changes

   PART 4 - Disclosure requirements for Government-initiated legislation

   101.    Purpose of this Part
   102.    Interpretation in this Part
   103.    Chief executives must prepare and publish disclosure statements for Government-initiated legislation
   104.    What must be contained, or linked to, in disclosure statements
   105.    Disclosure statement requirements do not apply to certain Bills and amendments
   106.    Chief executives must act independently and include statement of responsibility
   107.    Government notice must be issued to support consistent approach across agencies
   108.    Government notice may be issued only with approval of House of Representatives
   109.    Factors to be considered in determining classes of legislation requiring disclosure statements
   110.    Ministerial direction may be given to support consistent approach across agencies
   111.    Disclosure relates only to information available to public under Official Information Act 1982
   112.    Validity of legislation not affected by failure to comply with this Part

   PART 5 - Parliament’s oversight of secondary legislation

   113.    Purpose of this Part

           SUBPART 1 - Presentation to House of Representatives

   114.    Secondary legislation must be presented to House of Representatives

           SUBPART 2 - Disallowance by House of Representatives

   115.    All secondary legislation subject to disallowance, with limited exceptions
   116.    House of Representatives may disallow secondary legislation by resolution
   117.    Secondary legislation disallowed if House of Representatives does not dispose of motion to disallow
   118.    Effect of disallowance on legislation
   119.    House of Representatives may amend or replace secondary legislation
   120.    Resolution or motion is secondary legislation

           SUBPART 3 - Confirmation

   121.    Definitions used in this subpart
   122.    What secondary legislation must be confirmed under this subpart
   123.    Secondary legislation must be confirmed by deadline (or otherwise will be revoked)
   124.    How to confirm secondary legislation
   125.    Usual effect of revocation if not confirmed by deadline
   126.    Effect on some legislation of not being confirmed by deadline (whether or not earlier revoked)
   127.    Confirmable secondary legislation must state this fact

   PART 6 - Parliamentary Counsel Office

   128.    Parliamentary Counsel Office continues
   129.    Objective of PCO
   130.    Functions of PCO
   131.    Confidentiality
   132.    Powers of Chief Parliamentary Counsel
   133.    Delegation of functions, duties, and powers
   134.    Revocation of delegations
   135.    Chief Parliamentary Counsel
   136.    Parliamentary counsel
   137.    Chief Parliamentary Counsel and parliamentary counsel to hold legal qualification
   138.    Other employees of PCO
   139.    Remuneration and conditions of appointment of Chief Parliamentary Counsel
   140.    Chief Parliamentary Counsel acts as employer
   141.    Collective agreements
   142.    Employment principles
   143.    Appointments on merit
   144.    Chief Parliamentary Counsel to establish procedure for notifying vacancies and appointments, and reviewing appointments
   145.    Secondments from elsewhere in State Services for developing senior leadership and management capability
   146.    Protection from liability

   PART 7 - Regulations and miscellaneous provisions

   147.    Regulations
   147A.   Regulations may make consequential amendments to other secondary legislation that authorises sub-delegated legislation
   148.    Review of revision programme provisions after 30 June 2020
           SCHEDULE 1
           SCHEDULE 1A
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4


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