Part 2 Requirements regarding the making of statutory rules
(1) Before a statutory rule is made, the responsible Minister is required to ensure that, as far as is reasonably practicable, the guidelines set out in Schedule 1 are complied with.(2) This section does not apply to a statutory rule containing matters of a savings or transitional nature (provided the only other provisions contained in the statutory rule are provisions dealing with its citation and commencement).
5 Regulatory impact statements
(1) Before a principal statutory rule is made, the responsible Minister is required to ensure that, as far as is reasonably practicable, a regulatory impact statement complying with Schedule 2 is prepared in connection with the substantive matters to be dealt with by the statutory rule.(2) Before a principal statutory rule is made, the responsible Minister is required to ensure that, as far as is reasonably practicable, the following provisions are complied with:(a) A notice is to be published in the Gazette and in a daily newspaper circulating throughout New South Wales and, where appropriate, in any relevant trade, professional, business or public interest journal or publication:(i) stating the objects of the proposed statutory rule, and(ii) advising where a copy of the regulatory impact statement may be obtained or inspected, and(iii) advising whether, and (if so) where, a copy of the proposed statutory rule may be obtained or inspected, and(iv) inviting comments and submissions within a specified time, but not less than 21 days from publication of the notice.(b) Consultation is to take place with appropriate representatives of consumers, the public, relevant interest groups, and any sector of industry or commerce, likely to be affected by the proposed statutory rule.(c) All the comments and submissions received are to be appropriately considered.(3) The nature and extent of the publicity for the proposal, and of the consultation regarding the proposal, are to be commensurate with the impact likely to arise for consumers, the public, relevant interest groups, and any sectors of industry or commerce from the making of the statutory rule.(4) In the event that the statutory rule is made, a copy of the regulatory impact statement and all written comments and submissions received are to be forwarded to the Legislation Review Committee within 14 days after it is published.(5) Comments and submissions received within one week before the statutory rule is submitted to the Governor (or at any time afterwards) need not be considered or forwarded to the Legislation Review Committee.(6) Section 75 of the Interpretation Act 1987 does not apply to notices required to be published under this Act.
6 Regulatory impact statements not necessary in certain cases
(1) It is not necessary to comply with section 5 to the extent that:(a) the responsible Minister certifies in writing that, on the advice of the Attorney General or the Parliamentary Counsel, the proposed statutory rule comprises or relates to matters set out in Schedule 3, or(b) the Minister administering this Act (or a Minister for the time being nominated by the Minister administering this Act for the purpose) certifies in writing that, in his or her opinion in the special circumstances of the case, the public interest requires that the proposed statutory rule should be made without complying with section 5, or(c) the responsible Minister certifies in writing that:(i) the proposed statutory rule has been or is to be made by a person or body (other than the Governor) who or which is not expressly subject to the control or direction of the responsible Minister, and(ii) it was not practicable, in the circumstances of the case, for the responsible Minister to comply with section 5.(2) If a statutory rule is made in the circumstances mentioned in subsection (1) (b), the responsible Minister is required to ensure that the relevant requirements of section 5 (with any necessary adaptations) are complied with within 4 months after the statutory rule is made.(3) A certificate under this section may relate to either or both of the following:(a) all or any specified requirements of section 5,(b) all or any specified aspects of the statutory rule concerned.
7 Requirements before making statutory rules
A proposed statutory rule must not be submitted for making by the Governor, or for the approval or confirmation of the Governor, unless the following are submitted together with the proposed statutory rule:(a) a copy of a certificate of the responsible Minister stating whether or not, in his or her opinion, the provisions of this Act relating to the proposed statutory rule have been complied with,(b) a copy of any relevant certificate under section 6,(c) a copy of the opinion of the Attorney General or the Parliamentary Counsel as to whether the proposed statutory rule may legally be made.
8 Remaking of disallowed statutory rule
(1) This section applies where a House of Parliament has disallowed a statutory rule under section 41 of the Interpretation Act 1987.(2) No statutory rule, being the same in substance as the statutory rule so disallowed, may be published on the NSW legislation website within 4 months after the date of the disallowance, unless the resolution has been rescinded by the House of Parliament by which it was passed.(3) If a statutory rule is published in contravention of this section, the statutory rule is void.
(1) Except as provided by section 8, failure to comply with any provisions of this Part does not affect the validity of a statutory rule.(2) The provisions of this Part regarding the requirements to be complied with before a statutory rule is made, approved or confirmed are in addition to, and do not affect, the provisions of any other Act.