Document ID: chunk:federal_register_of_legislation:C2004A00598:clause:1_12
Version: federal_register_of_legislation:C2004A00598
Segment Type: clause
Provision Reference: sch 1 cl 12
Character Range: 2696–4884

12  Consultation by the Council before making a regulatory recommendation or engaging in certain other activities

 (1) Subject to sections 14 and 14B, before the Council:
 (a) makes a regulatory recommendation; or
 (b) engages in any other prescribed activity (other than issuing guidelines);
the Council must consult persons or bodies in accordance with the steps set out in this section.

 (2) As soon as practicable after deciding that, subject to consultation processes, it intends to make a regulatory recommendation or engage in a prescribed activity (other than issuing guidelines), the Council must publish a notice, in the manner and form specified in the regulations:
 (a) stating its intention to make the recommendation or engage in the activity; and
 (b) inviting persons or bodies to make submissions relating to the proposed recommendation or activity in accordance with the procedures, and within the period, specified in the notice.

 (3) As soon as practicable after the end of the period specified under paragraph (2)(b), the Council must, having regard to any submissions received pursuant to the invitation referred to in that paragraph:
 (a) prepare a draft of the regulatory recommendation that the Council proposes to make or an outline of the prescribed activity in which the Council proposes to engage and publish a notice, in the manner and form specified in the regulations:
 (i) containing a summary of the draft recommendation or the outline of the activity; and
 (ii) stating, in the case of a draft recommendation, where copies of the draft recommendation can be obtained; and
 (iii) inviting persons or bodies to make submissions relating to the draft recommendation or the outline of the activity in accordance with the procedures, and within the period, specified in the notice; or
 (b) publish, in the manner and form specified in the regulations, a notice stating that it no longer proposes to make the recommendation or engage in the prescribed activity.

 (4) The Council must have regard to any submissions received pursuant to the invitation referred to in subparagraph (3)(a)(iii) before making the recommendation or engaging in the activity.