Ahem – (modest drum roll) My L,L & G: introducing Disallowance Section 42 (1) of the LIA.
Thanks Creamy, duly bookmarked, learn something new etc....
Although, the old "wish I'd never asked" thought creeps in (cursed bloody curiosity bump). Strange stuff at first glance, interesting though once you get a 'feel' for the words. I like the apparent lack of 'urgency' and the feeling of 'latitude' in the words; at face value it does not seem overly 'complex'. No doubt a first year law student would make mincemeat of me in a debate, but then that's not my indaba.
Anyway nothing ventured etc. and no doubt I'll be corrected where wrong. But, it does seem that the NX disallowance of CAO 48 grounds the 'instrument' until 15
sitting days have passed, although it is still 'live', because..."
the instrument or provision so disallowed then ceases to have effect"...only works after due process is complete. So ignoring (for the moment) the last sitting days of the 'old' (43) parliament, the instrument is parked, in limbo, until it's had its 15 sitting days; unless the NX motion is withdrawn or resolved within the 15 sitting days. That's fine though, it seems to mean that eventually it must get dealt with, one way or t' other. But wait; there's hope yet for all 601s hard work.
The paragraph starting - "
This provision ensures that, once notice of a disallowance motion has been given, it must be dealt with in some way and the instrument under challenge cannot be allowed to continue in force" etc. gives a clue. So then, if the motion is not resolved then the instrument is "deemed" to be disallowed. (Head scratch). Oh, I get it, the instrument is 'live' until -"
it cannot be allowed to continue" etc. So, the offending instrument is brought in 'live' and unless someone, sometime in the future can force or debate it through, the thing is dead meat, start again boys. "
the instrument or provision so disallowed then ceases to have effect" (601 could, conceivably be at this indefinitely).
Creamy – seems to me the NX move has, to all practical intent and purpose stymied the instrument - unless someone can persuade the Senate otherwise. I wonder will they even debate it?, I doubt most would understand it, let alone translate it into machines, long shifts and dark skies, could care less if they did. Last thoughts, though it's 'live' and even if passed, cannot have effect until some time in the future. If it 'withers on the vine', 601 may well have wasted his time, unless a sensible outcome based approach to fatigue is provided and passes through to law; then he's miles ahead. Now there's a happy thought.
Aye well. Ambles off for a coffee; pondering on the 'fings wot' can give a bloke a headache. Not for too long though.