the statutory rule is sought to be made. The Minister’s request should provide sufficiently detailed information to satisfy the Premier that special circumstances exist that require the extension of the statutory rule. Once a Premier’s certificate has been obtained, the Minister may a certificate under section 5A(1). The certificate must contain the following information: a statement that the Minister is satisfied that, due to special circumstances, there is insufficient time to enable compliance with Part 2 in respect of a proposed statutory rule before the rule it is intended to replace is to be revoked by section 5; a statement that the Minister is satisfied that the statutory rule which would otherwise be revoked should be extended for a specified period not exceeding 12 months; and a description of the special circumstances that apply and the reasons why the extension is necessary. The special circumstances giving rise to the need for the extension must also be provided on the Explanatory Memorandum to the Governor in Council. Matters such as delay or oversight are not sufficient to justify a certificate under this section. Documentation checklists and publication requirements This section provides various checklists setting out the documents and certificates must accompany statutory rules and legislative instruments. Figure 5 on the following page provides a checklist of all documents accompanying subordinate legislation. The checklist specifies who these documents must be submitted to and the timeframes for submission. Boxes shaded in grey apply only to statutory rules (commonly known as ‘regulations’). The following documents are not applicable where subordinate legislation is exempt from the RIS process: certificate of RIS compliance (10(4) or 12H); copies of public submissions/comments; the Commissioner’s assessment of RIS; and competition policy certificate. Figure 5: Documentation required to accompany subordinate legislation shaded in grey apply only to statutory rules (commonly known as ‘regulations’) Documentation and relevant section of the Act Description Submitted to When Certificate recommending extension of statutory rule (if applicable) section 5A Responsible Minister certifies if he/she is satisfied that, due to special circumstances, there is insufficient time to comply with Part 2 of the Act (i.e. consultation, preparation of RIS) before automatic revocation of existing statutory rule Governorin Council (via Clerk of the Executive Council) Before automatic revocation of existing statutory rule Certificate of consultation Responsible Minister certifies consultation in accordance with Premier’s Guidelines with any other Minister whose area of responsibility Governorin Council (via Clerk of the Executive Council) When proposed statutory rule is submitted to the Governor in Council
section 6 or section 12C NB Under sections 12B and 12K, this certificate can be made a ‘composite certificate’ and combined with certificates made under sections 6A, 8, 10(4), 12F or 12H of the Act. may be affected, and any sector of the public on which a significant economic/social burden may be imposed. Details of parties consulted should be provided. SARC Within 10 working days of the making of the rule or instrument* Parliament When rule or instrument is laid before Parliament (on or before the 6th sitting day after gazettal) Continued on next page Infringements offence consultation certificate (if applicable) section 6A NB section 12B, this certificate can be made a ‘composite certificate’ and combined with any certificates made under section 6, 8 or 10(4) of the Act. Where a proposed statutory rule provides for the enforcement of an offence against the statutory rule by an infringement notice, the responsible Minister must certify that the Department of Justice has been consulted about the suitability of the proposal, and that the AttorneyGeneral’s guidelines made under the Infringements Act 2006 have been taken into account in the preparation of the proposed rule and the Minister is satisfied that the proposed rule meets the requirements of the guidelines. Governorin Council (via Clerk of the Executive Council) When proposed statutory rule is submitted to the Governor in Council SARC Within 10 working days of the making of the statutory rule* Parliament When statutory rule is laid before Parliament (on or before the 6th sitting day after gazettal) Human Rights Certificate section 12A or 12D or exemption certificate under s12A(3) or 12D(3) Responsible Minister certifies that the proposed statutory rule or legislative instrument does or does not limit any human right set out in the Charter of Human Rights and Responsibilities Where a human rights exemption certificate is issued, the Minister must specify which of the exemption categories in section 12A(3) or 12D(3) applies to the rule or instrument. Governorin Council (via of the Executive Council) When proposed statutory rule is submitted to the Governor in Council SARC Within 10 working days of the making of the rule or instrument* Parliament When rule or instrument is laid before Parliament (on or before the 6th sitting day gazettal) Continued on next page
Certificate of RIS compliance section 10(4) or 12H or Certificate of RIS exemption sections 8, 9, 12F or 12G NB Under section 12B and 12K, Minister’s certificates under section 10(4) or 12H can be made as a ‘composite certificate’ combined with any certificates made under section 6, 6A or 12C of the Act. Responsible Minister certifies that requirements relating to RIS and guidelines have been met, and RIS adequately assesses the likely impact of the proposed statutory rule or legislative instrument. Where a certificate of RIS exemption is issued under section 8 or 12F, the responsible Minister certifies that the proposed rule/instrument meets the conditions for exemption from the RIS process, as specified in the Act. Where a certificate is issued under section 9 or 12G, the Premier certifies that it is in the public interest that the rule/instrument be exempt from the RIS process. Governorin Council (via Clerk of the Executive Council) When proposed statutory rule is submitted to the Governor in Council SARC (submitted along with copy of RIS) Within 10 working days of the making of the rule or instrument* Parliament When rule or instrument is laid before Parliament (on or before the 6th sitting day after gazettal) Commissioner’s assessment of RIS RIS has been prepared) Required Guidelines made under section 26 Copy of the Commissioner’s independent assessment of the adequacy of the RIS SARC As soon as practicable after the statutory rule or legislative instrument is made. Copies of all public comments and submissions on RIS (where RIS has been prepared) section 15A(1)(c) and section 16C Copies of all public comments/submissions received during consultation period after RIS is published, and the response to the comments by the relevant body SARC and the Commissioner Within 10 working days of the making of the rule or instrument Continued on next page Chief Parliamentary Counsel certificate section 13† Chief Parliamentary Counsel issues a certificate having regard to the matters listed in Section 13 of the Act (which relate to the legality and effectiveness of the proposed rules) Issued by Chief Parliamentary Counsel and submitted to Governorin Council (via Clerk of the Executive Council) When proposed statutory rule is submitted to the Governor in Council Request for a section 13 certificate must be made at least two weeks before the date on which it is proposed to submit the statutory rule to the Minister for recommendation