{"id":"nsw:act-1989-146","name":"Subordinate Legislation Act 1989","slug":"subordinate-legislation-act-1989","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"146 of 1989","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106683,"registerId":"nsw-act-1989-146-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > Legislation Review Committee means the committee for the time being constituted under the [Legislation Review Act 1987](/view/html/inforce/current/act-1987-165).\n> > \n> > principal statutory rule means a statutory rule that contains provisions apart from—\n> > \n> > > (a) direct amendments or repeals, and\n> > \n> > > (b) provisions that deal with its citation and commencement.\n> > \n> > responsible Minister, in connection with a statutory rule, means the Minister administering the Act under which the statutory rule is or is proposed to be made.\n> > \n> > statutory rule means a regulation, by-law, rule or ordinance—\n> > \n> > > (a) that is made by the Governor, or\n> > \n> > > (b) that is made by a person or body other than the Governor, but is required by law to be approved or confirmed by the Governor,\n> > \n> > but does not include any instruments specified or described in Schedule 4.\n> \n> > (2) In this Act, a reference to a direct amendment is a reference to an amendment that inserts, adds, amends or substitutes matter.\n> \n> **s 3:** Am 2002 No 77, Sch 2.2 \\[1\\] \\[2\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Requirements regarding the making of statutory rules","content":"# Part 2 Requirements regarding the making of statutory rules\n\nPart 2 Requirements regarding the making of statutory rules","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Guidelines","content":"#### 4 Guidelines\n\n4 Guidelines\n\n> > (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.\n> \n> > (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).\n> \n> **s 4:** Am 2010 No 59, Sch 1.26 \\[1\\].","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Regulatory impact statements","content":"#### 5 Regulatory impact statements\n\n5 Regulatory impact statements\n\n> > (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.\n> \n> > (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—\n> > \n> > > (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—\n> > > \n> > > > (i) stating the objects of the proposed statutory rule, and\n> > > \n> > > > (ii) advising where a copy of the regulatory impact statement may be obtained or inspected, and\n> > > \n> > > > (iii) advising whether, and (if so) where, a copy of the proposed statutory rule may be obtained or inspected, and\n> > > \n> > > > (iv) inviting comments and submissions within a specified time, but not less than 21 days from publication of the notice.\n> > \n> > > (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.\n> > \n> > > (c) All the comments and submissions received are to be appropriately considered.\n> \n> > (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.\n> \n> > (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.\n> \n> > (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.\n> \n> > (6) Section 75 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) does not apply to notices required to be published under this Act.\n> \n> **s 5:** Am 1993 No 48, Sch 1 (1); 2002 No 77, Sch 2.2 \\[3\\]; 2006 No 43, Sch 2.3 \\[1\\]; 2023 No 7, Sch 1.20\\[1\\] \\[2\\].","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Regulatory impact statements not necessary in certain cases","content":"#### 6 Regulatory impact statements not necessary in certain cases\n\n6 Regulatory impact statements not necessary in certain cases\n\n> > (1) It is not necessary to comply with section 5 to the extent that—\n> > \n> > > (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\n> > \n> > > (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\n> > \n> > > (c) the responsible Minister certifies in writing that—\n> > > \n> > > > (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\n> > > \n> > > > (ii) it was not practicable, in the circumstances of the case, for the responsible Minister to comply with section 5.\n> \n> > (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.\n> \n> > (3) A certificate under this section may relate to either or both of the following—\n> > \n> > > (a) all or any specified requirements of section 5,\n> > \n> > > (b) all or any specified aspects of the statutory rule concerned.\n> \n> **s 6:** Am 1994 No 95, Sch 2.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Requirements before making statutory rules","content":"#### 7 Requirements before making statutory rules\n\n7 Requirements before making statutory rules\n\n> 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—\n> \n> > (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,\n> \n> > (b) a copy of any relevant certificate under section 6,\n> \n> > (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.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Remaking of disallowed statutory rule","content":"#### 8 Remaking of disallowed statutory rule\n\n8 Remaking of disallowed statutory rule\n\n> > (1) This section applies where a House of Parliament has disallowed a statutory rule under section 41 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).\n> \n> > (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.\n> \n> > (3) If a statutory rule is published in contravention of this section, the statutory rule is void.\n> \n> **s 8:** Am 2006 No 43, Sch 2.3 \\[2\\] \\[3\\].","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Compliance with Part","content":"#### 9 Compliance with Part\n\n9 Compliance with Part\n\n> > (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.\n> \n> > (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.","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Staged repeal of statutory rules","content":"# Part 3 Staged repeal of statutory rules\n\nPart 3 Staged repeal of statutory rules","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Staged repeal of statutory rules","content":"#### 10 Staged repeal of statutory rules\n\n10 Staged repeal of statutory rules\n\n> > (1) Unless it sooner ceases to be in force, a statutory rule published before a date specified in Column 1 below is repealed on the date specified opposite in Column 2—\n> > \n> > | Column 1 | Column 2 |\n> > | 1 September 1941 | 1 September 1991 |\n> > | 1 September 1964 | 1 September 1992 |\n> > | 1 September 1978 | 1 September 1993 |\n> > | 1 September 1986 | 1 September 1994 |\n> > | 1 September 1990 | 1 September 1995 |\n> \n> > (2) Unless it sooner ceases to be in force, a statutory rule published on or after 1 September 1990 is repealed—\n> > \n> > > (a) at the beginning of the day that is the fifth anniversary of the date on which it was published (in the case of a statutory rule published on 1 September in any year), or\n> > \n> > > (b) at the beginning of 1 September following the fifth anniversary of the date on which it was published (in any other case).\n> \n> > (3) This section does not apply in relation to the following statutory rules—\n> > \n> > > (a) a regulation made under the [Electricity Infrastructure Investment Act 2020](/view/html/inforce/current/act-2020-044),\n> > \n> > > (b) a regulation that sets out management rules for marine parks or aquatic reserves made under the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072).\n> > \n> > > (c) the [Road Rules 2014](/view/html/inforce/current/sl-2014-0758) made under the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018).\n> \n> > (4)–(8) (Repealed)\n> \n> **s 10:** Am 1993 No 48, Sch 1 (2); 1996 No 30, Sch 1; 1996 No 121, Sch 1.21 (1) (2); 1997 No 55, Sch 1.26 \\[1\\]; 1998 No 54, Sch 1.19 \\[1\\] \\[2\\]; 1999 No 19, Sch 4.3 \\[1\\]; 1999 No 31, Sch 1.49 \\[1\\]; 2000 No 53, Sch 1.31 \\[1\\] \\[2\\]; 2004 No 55, Sch 1.40 \\[1\\]; 2005 No 64, Sch 1.41; 2006 No 58, Sch 1.32; 2007 No 27, Sch 1.50 \\[1\\]–\\[3\\]; 2008 No 29, Sch 2 \\[1\\]; 2008 No 62, Sch 1.35 \\[1\\] \\[2\\]; 2009 No 56, Sch 1.39 \\[1\\] \\[2\\]; 2010 No 59, Sch 1.26 \\[2\\]; 2014 No 72, Sch 4.14 \\[1\\]; 2020 No 30, Sch 2.36\\[1\\] \\[2\\]; 2022 No 63, Sch 4.4\\[1\\] \\[2\\]; 2024 No 47, Sch 1.24\\[1\\].","sortOrder":12},{"sectionNumber":"10A","sectionType":"section","heading":"Certain statutory rules to remain in force","content":"#### 10A Certain statutory rules to remain in force\n\n10A Certain statutory rules to remain in force\n\n> > (1) Despite the other provisions of this Part, unless sooner repealed, a statutory rule listed in Schedule 5 remains in force until the date specified in that Schedule for the rule or, if more than one date is so specified, the later of those dates.\n> \n> > (1A)–(3) (Repealed)\n> \n> **s 10A:** Ins 2010 No 59, Sch 1.26 \\[3\\]. Am 2010 No 119, Sch 1.33 \\[1\\] \\[2\\]; 2011 No 22, Sch 2.26; 2012 No 42, Sch 1.26 \\[1\\] \\[2\\]; 2013 No 47, Sch 1.30 \\[1\\] \\[2\\].","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Governor may postpone repeal by order","content":"#### 11 Governor may postpone repeal by order\n\n11 Governor may postpone repeal by order\n\n> > (1) The Governor may, by order published on the NSW legislation website, from time to time postpone by one year the date on which a specified statutory rule is repealed by section 10.\n> \n> > (2) Such an order is effective to postpone the repeal of the statutory rule, provided the order is published before the repeal would otherwise take effect.\n> \n> > (3) The repeal of a particular statutory rule may not be postponed on more than 5 occasions.\n> \n> > (4) The repeal of a statutory rule may not be postponed on a third, fourth or fifth occasion unless the responsible Minister has given the Legislation Review Committee at least one month’s written notice of the proposed postponement.\n> \n> > (5) The Legislation Review Committee may make such reports to the responsible Minister and to each House of Parliament as it thinks desirable in connection with the third, fourth or fifth postponement of the repeal of a statutory rule.\n> \n> > (6) This section does not apply to the statutory rules referred to in section 10A.\n> \n> **s 11:** Am 1993 No 48, Sch 1 (3); 1993 No 108, Sch 2; 1996 No 30, Sch 1; 1997 No 55, Sch 1.26 \\[2\\]; 1998 No 54, Sch 1.19 \\[3\\]; 1999 No 31, Sch 1.49 \\[2\\]; 2000 No 53, Sch 1.31 \\[3\\]; 2002 No 77, Sch 2.2 \\[3\\]; 2006 No 43, Sch 2.3 \\[4\\]; 2007 No 82, Sch 2.20; 2009 No 56, Sch 1.39 \\[3\\]; 2010 No 59, Sch 1.26 \\[4\\]; 2022 No 59, Sch 2.45.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Machinery provisions regarding repeal","content":"#### 12 Machinery provisions regarding repeal\n\n12 Machinery provisions regarding repeal\n\n> > (1) A statutory rule is, for the purposes of this Part, to be taken to have been published on the following date—\n> > \n> > > (a) if the statutory rule was required to be published on the NSW legislation website or in the Government Gazette or any other official gazette—the date on which it was originally so published,\n> > \n> > > (b) if the statutory rule was not required to be so published but was required to be made, approved or confirmed by the Governor—the date on which it was so made, approved or confirmed,\n> > \n> > > (c) in any other case—the date on which it was made.\n> \n> > (2) The repeal of a statutory rule by this Part extends to any direct amendments (whenever made) of the statutory rule and to so much of any statutory rule as makes any such amendments.\n> \n> > (3) A set of regulations, by-laws, rules or ordinances constituting a single instrument is, for the purposes of this Part, to be taken to be a single statutory rule.\n> \n> > (4) If an instrument made under one Act is by law to be treated as a statutory rule made under another Act, the date of publication is, for the purposes of this Part, the date it was originally published.\n> \n> > (5), (6) (Repealed)\n> \n> **s 12:** Am 1992 No 34, Sch 1; 1994 No 95, Sch 2; 1995 No 13, Sch 4; 2006 No 43, Sch 2.3 \\[5\\].","sortOrder":15},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Procedure when Legislation Review Committee not in office","content":"#### 13 Procedure when Legislation Review Committee not in office\n\n13 Procedure when Legislation Review Committee not in office\n\n> If the Legislation Review Committee is not in office when material is required to be forwarded to it under section 5, the material is to be forwarded to a person nominated by the Clerk of the Legislative Assembly, for the attention of the Committee after its appointment.\n> \n> **s 13:** Am 2002 No 77, Sch 2.2 \\[3\\].","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Regulations","content":"#### 14 Regulations\n\n14 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) Regulations may, after consultation with the Legislation Review Committee, be made amending or replacing Schedule 3 or 4.\n> \n> **s 14:** Am 2002 No 77, Sch 2.2 \\[3\\].","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":null,"content":"#### 15\n\n15 (Repealed)","sortOrder":19},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Guidelines for the preparation of statutory rules","content":"# Schedule 1 Guidelines for the preparation of statutory rules\n\nSchedule 1 Guidelines for the preparation of statutory rules\n\n(Section 4)","sortOrder":21},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Provisions applying to regulatory impact statements","content":"# Schedule 2 Provisions applying to regulatory impact statements\n\nSchedule 2 Provisions applying to regulatory impact statements\n\n(Section 5)\n\n**sch 2:** Am 1998 No 45, Sch 3.8.","sortOrder":26},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Matters not requiring regulatory impact statements","content":"# Schedule 3 Matters not requiring regulatory impact statements\n\nSchedule 3 Matters not requiring regulatory impact statements\n\n(Section 6)\n\n**sch 3:** Am GG No 108 of 26.8.1994, p 5144; 1997 No 153, Sch 6.5; 1997 No 156, Sch 4.16 (am 1998 No 54, Sch 1.14 \\[3\\]); 1999 No 19, Sch 4.3 \\[2\\]; 2004 No 26, Sch 2.2; 2004 No 55, Sch 1.40 \\[2\\]; 2008 No 29, Sch 2 \\[2\\]; 2008 No 106, sec 45; 2014 No 72, Sch 4.14 \\[2\\]; 2015 No 58, Sch 1.12; 2022 No 26, Sch 1.2\\[1\\].","sortOrder":30},{"sectionNumber":"4A","sectionType":"section","heading":null,"content":"#### 4A\n\n4A\n\nMatters involving the substantial implementation of Agreed Reforms, within the meaning of the Inter-Governmental Agreement for Regulatory and Operational Reform in Road, Rail and Intermodal Transport entered into by the Commonwealth and each of the States and Territories (which came into effect on 15 January 2004), being Reforms that have been progressed in accordance with clause 11 of that Agreement.","sortOrder":35},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Excluded instruments","content":"# Schedule 4 Excluded instruments\n\nSchedule 4 Excluded instruments\n\n(Section 3)\n\n**sch 4:** Am 1990 No 92, sec 40; 1991 No 17, Sch 1; GG No 157 of 8.11.1991, p 9375; 1996 No 30, Sch 1; 1996 No 130, sec 9; 2000 No 92, Sch 8.26; 2001 No 32, Sch 2.6; 2002 No 16, Sch 5; 2003 No 64, Sch 2; 2005 No 18, Sch 2.10; 2005 No 45, Sch 2; 2005 No 105, Sch 2; 2006 No 106, Sch 2.3; 2007 No 14, sec 41 (c), Sch 3.4; 2008 No 52, Sch 2.3; 2008 No 91, Sch 1.2; 2009 No 1, Sch 2.2; 2009 No 56, Sch 2.68 \\[1\\] \\[2\\]; 2009 No 60, Sch 5.3; 2010 No 8, Sch 6.3; 2010 No 59, Sch 1.26 \\[5\\]; 2010 No 93, Sch 3.3 \\[1\\] \\[2\\]; 2011 No 27, Sch 3.12; 2011 No 62, Sch 4.9; 2012 No 35, Sch 7; 2012 No 101, Sch 6.6; 2015 No 5, Sch 8.29; 2016 No 19, Sch 7; 2016 No 27, Sch 4; 2016 No 46, Sch 4.6; 2023 No 38, Sch 2.4; 2025 No 76, Sch 4.2.","sortOrder":43},{"sectionNumber":"16","sectionType":"section","heading":null,"content":"#### 16\n\n16\n\nBy-laws of a university.","sortOrder":58},{"sectionNumber":"16A","sectionType":"section","heading":null,"content":"#### 16A\n\n16A (Repealed)","sortOrder":59},{"sectionNumber":"17","sectionType":"section","heading":null,"content":"#### 17\n\n17\n\nBy-laws under the [Wellington Show Ground Act 1929](/view/html/inforce/current/act-1929-054).","sortOrder":60},{"sectionNumber":"18","sectionType":"section","heading":null,"content":"#### 18\n\n18\n\nAn instrument containing matters of a savings or transitional nature (provided the only other provisions contained in the instrument are provisions dealing with its citation and commencement) being an instrument that was in force on 1 July 2010.","sortOrder":61},{"sectionNumber":"19","sectionType":"section","heading":null,"content":"#### 19\n\n19\n\nRegulations under Part 6 of the [Energy and Utilities Administration Act 1987](/view/html/inforce/current/act-1987-103).","sortOrder":62},{"sectionNumber":"20","sectionType":"section","heading":null,"content":"#### 20\n\n20\n\nRegulations under Part 2 of the [Essential Services Act 1988](/view/html/inforce/current/act-1988-041).","sortOrder":63},{"sectionNumber":"21","sectionType":"section","heading":null,"content":"#### 21\n\n21\n\nRegulations under the [Road Obstructions (Special Provisions) Act 1979](/view/html/inforce/current/act-1979-009).","sortOrder":64},{"sectionNumber":"22","sectionType":"section","heading":null,"content":"#### 22\n\n22\n\nOrdinances under Part 12A of the [Local Government Act 1919](/view/html/repealed/current/act-1919-041), being—\n\n> (a) planning scheme ordinances that are deemed to be deemed environmental planning instruments under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), and\n\n> (b) (Repealed)","sortOrder":65},{"sectionNumber":"23","sectionType":"section","heading":null,"content":"#### 23\n\n23\n\nRegulations under the [Bank Mergers Act 1996](/view/html/inforce/current/act-1996-130).","sortOrder":66},{"sectionNumber":"24","sectionType":"section","heading":null,"content":"#### 24\n\n24 (Repealed)","sortOrder":67},{"sectionNumber":"25","sectionType":"section","heading":null,"content":"#### 25\n\n25\n\nRegulations under the [AGL Corporate Conversion Act 2002](/view/html/inforce/current/act-2002-016).","sortOrder":68},{"sectionNumber":"26","sectionType":"section","heading":null,"content":"#### 26\n\n26 (Repealed)","sortOrder":69},{"sectionNumber":"27","sectionType":"section","heading":null,"content":"#### 27\n\n27\n\nRegulations under the [James Hardie Former Subsidiaries (Winding up and Administration) Act 2005](/view/html/inforce/current/act-2005-105).","sortOrder":70},{"sectionNumber":"28","sectionType":"section","heading":null,"content":"#### 28\n\n28\n\nRegulations under the [James Hardie (Civil Liability) Act 2005](/view/html/inforce/current/act-2005-106).","sortOrder":71},{"sectionNumber":"29","sectionType":"section","heading":null,"content":"#### 29\n\n29\n\nRegulations under the [James Hardie (Civil Penalty Compensation Release) Act 2005](/view/html/inforce/current/act-2005-107).","sortOrder":72},{"sectionNumber":"30","sectionType":"section","heading":null,"content":"#### 30\n\n30–32 (Repealed)","sortOrder":73},{"sectionNumber":"33","sectionType":"section","heading":null,"content":"#### 33\n\n33\n\nRegulations under the [NSW Lotteries (Authorised Transaction) Act 2009](/view/html/inforce/current/act-2009-060).","sortOrder":74},{"sectionNumber":"34","sectionType":"section","heading":null,"content":"#### 34\n\n34 (Repealed)","sortOrder":75},{"sectionNumber":"35","sectionType":"section","heading":null,"content":"#### 35\n\n35\n\nBy-laws under the [Australian Jockey and Sydney Turf Clubs Merger Act 2010](/view/html/inforce/current/act-2010-093).","sortOrder":76},{"sectionNumber":"36","sectionType":"section","heading":null,"content":"#### 36\n\n36\n\nRegulations under the [Electricity Generator Assets (Authorised Transactions) Act 2012](/view/html/inforce/current/act-2012-035).","sortOrder":77},{"sectionNumber":"37","sectionType":"section","heading":null,"content":"#### 37\n\n37\n\nRegulations under the [Ports Assets (Authorised Transactions) Act 2012](/view/html/inforce/current/act-2012-101).","sortOrder":78},{"sectionNumber":"38","sectionType":"section","heading":null,"content":"#### 38\n\n38\n\nRegulations under the [Electricity Network Assets (Authorised Transactions) Act 2015](/view/html/inforce/current/act-2015-005).","sortOrder":79},{"sectionNumber":"39","sectionType":"section","heading":null,"content":"#### 39\n\n39\n\nRegulations under the [Superannuation Administration Corporation (Pillar) (Authorised Transaction) Act 2016](/view/html/inforce/current/act-2016-019).","sortOrder":80},{"sectionNumber":"40","sectionType":"section","heading":null,"content":"#### 40\n\n40\n\nRegulations under the [Land and Property Information NSW (Authorised Transaction) Act 2016](/view/html/inforce/current/act-2016-046).","sortOrder":81},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Further postponement of repeal of statutory rules","content":"# Schedule 5 Further postponement of repeal of statutory rules\n\nSchedule 5 Further postponement of repeal of statutory rules\n\nsection 10A(1)\n\n**sch 5:** Ins 2013 No 47, Sch 1.30 \\[3\\]. Am 1989 No 146, Sch 5; 2014 No 33, Sch 1.16; 2014 No 79, Sch 5; 2015 No 15, Sch 1.26; 2016 No 27, Sch 1.28; 2017 No 22, Sch 1.20; 2017 No 60, Sch 11.9; 2018 No 25, Sch 1.24; 2019 No 1, Sch 1.21; 2020 No 1, Sch 2.20; 2020 No 4, Sch 1.6; 2022 No 6, Sch 1.7. Subst 2022 No 26, Sch 1.2\\[2\\]. Am 2022 No 61, Sch 1.7; 2022 No 73, Sch 5.32; 2023 No 30, Sch 2.8; 2024 No 47, Sch 1.24\\[2\\]–\\[5\\]; 2025 No 48, Sch 1.10\\[1\\] \\[2\\]; 2026 No 2, Sch 2.13.","sortOrder":82}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1989 Act focused on regulatory impact assessment and staged repeal. However, the legislation has significantly expanded its scope through amendments: (1) Schedule 4 (excluded instruments) has grown from a handful of exclusions to 40 items, many added to facilitate specific government transactions (privatisations, mergers, and asset sales); (2) Schedule 3 exemptions have expanded to include major events, motor sports, and intergovernmental transport reforms; (3) Section 10 has accumulated numerous exclusions for specific regulations (electricity, marine parks, road rules); and (4) Schedule 5 was added in 2010/2013 to create a 'life support' system for specific regulations, effectively creating a parallel repeal regime. The Act now functions as much as a tool for managing specific statutory rule lifecycles as a general regulatory quality framework."},"complexity_factors":["Multiple defined terms in section 3 including nested definitions ('principal statutory rule' depends on 'statutory rule')","Extensive cross-referencing to other Acts (Interpretation Act 1987, Legislation Review Act 1987, and numerous specific Acts in Schedules 3 and 4)","Conditional logic with multiple exceptions: section 5 requirements are subject to exemptions in section 6, which itself has three alternative certification pathways","Complex staged repeal mechanics in section 10 with date-based tables, anniversary calculations, and multiple specific exclusions","Five-tier postponement system in section 11 with escalating notification requirements (1st-2nd postponements automatic, 3rd-5th require Committee notice)","Four Schedules containing detailed lists, exemptions, and procedural requirements that modify the main Act's operation","Interaction between automatic repeal (Part 3) and specific saving provisions (Schedule 5) that override the general rule for named regulations"],"plain_english_summary":"This Act sets the rules for how NSW government regulations and other subordinate laws (called 'statutory rules') are made, reviewed, and automatically repealed.\n\n**What it does:**\n- **Quality control before making rules**: Ministers must follow guidelines (Schedule 1) when creating regulations. For significant rules, they must prepare a 'regulatory impact statement' analysing costs, benefits, and alternatives, and consult with affected groups and the public (Schedule 2).\n- **Exceptions**: Some rules don't need impact statements—such as minor technical changes, transitional provisions, or matters implementing national standards (Schedule 3). Ministers can also certify that urgent public interest justifies skipping consultation, provided they catch up within 4 months.\n- **Automatic expiry ('sunsetting')**: Most statutory rules automatically expire ('repeal') after 5 years unless actively kept alive. Rules made before 1990 had staggered expiry dates between 1991–1995. The Governor can postpone repeal up to 5 times, but Parliament's Legislation Review Committee must be notified before the 3rd, 4th, or 5th extension.\n- **Excluded instruments**: Certain rules (like court rules, university by-laws, and specific transaction regulations) are exempt from the Act's definition of 'statutory rule' entirely (Schedule 4).\n- **Disallowed rules**: If Parliament votes to disallow (cancel) a rule, an identical rule cannot be re-made for 4 months.\n\n**Who it affects:**\n- **Government agencies and Ministers**: Must do cost-benefit analysis and consultation before making regulations.\n- **Businesses and the public**: Get 21+ days to comment on proposed significant rules.\n- **The Legislation Review Committee**: A parliamentary committee that reviews regulatory impact statements and advises on rule extensions.\n\n**Why it matters:**\nThis Act prevents 'regulatory clutter' by forcing old rules to die unless someone actively saves them, and ensures new rules are justified by evidence rather than bureaucratic whim. It balances thorough process against the need for urgent action through certificate-based exceptions."},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 1989 Act was primarily focused on procedural requirements for making subordinate legislation (regulations). Over more than 60 amendments across 35+ years, its scope has expanded and evolved to incorporate more sophisticated regulatory impact assessment requirements, updated sunsetting and review mechanisms, and alignment with contemporary whole-of-government regulatory reform agendas. What began as a procedural framework has grown into a broader accountability and regulatory quality regime."},"complexity_factors":["Meta-legislative nature: it governs how other laws are made, requiring understanding of the broader NSW legislative framework","Extensive amendment history (60+ versions since 2001) means the current text reflects decades of accumulated changes","Interaction with multiple other Acts (e.g., Interpretation Act 1987, Administrative Arrangements Orders) creates cross-referencing complexity","Concepts like regulatory impact statements, sunsetting, and disallowance have technical procedural dimensions","Only metadata/version history was provided — the actual substantive provisions were not included, limiting full assessment","Dual ministerial responsibility (Premier and Special Minister of State) adds administrative complexity"],"plain_english_summary":"## NSW Subordinate Legislation Act 1989 — What Is It?\n\nThis is a **NSW government housekeeping law** that sets the rules for how the government creates, reviews, and manages **subordinate legislation** — that is, rules and regulations made by Ministers and government agencies *under the authority* of main Acts of Parliament (think: the detailed rules that fill in the gaps of bigger laws, like fee schedules, licensing requirements, or safety standards).\n\n### Who does it affect?\n- **Every NSW resident and business** — because virtually every area of daily life (planning, health, transport, licensing) is governed in part by regulations made under this Act's framework.\n- **Government agencies and Ministers** — who must follow the procedures set out in this Act when making new regulations.\n- **Businesses and industry groups** — who benefit from consultation requirements before new regulations take effect.\n\n### Why does it matter?\nWithout this law, the NSW government could create binding rules affecting your life with little transparency or accountability. This Act acts as a **check on government power** by requiring:\n- **Impact assessments** (analysis of costs and benefits before regulations are made)\n- **Public consultation** (giving people a chance to have their say)\n- **Automatic expiry (\"sunsetting\")** of regulations after a set period, so outdated rules don't linger forever\n- **Scrutiny by Parliament** of regulations once made\n\n### In plain terms\nThink of Parliament as setting the broad rules of the game, and regulations as the detailed rulebook. This Act makes sure that detailed rulebook is written fairly, transparently, and doesn't go unchecked indefinitely.\n\n### Note on what's provided\nThe document provided is primarily the **metadata and version history** of the Act rather than its full substantive text. The Act has been amended frequently — over 60 times since 2001 — reflecting its ongoing role as a living framework for regulatory governance in NSW."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's scope has been modified over time by inserted sections and amended Schedules evident in the amendment notes attached to many provisions. Notable changes in the source text include the insertion of section 10A and Schedule 5 (preserving certain statutory rules) and numerous additions to the lists of excluded instruments and matters not requiring RISs in Schedule 3 and Schedule 4. Amendments to procedural sections (for example s 4 and s 5) and later regulation‑making and postponement provisions (s 11, s 14) show the Act now contains more detailed exception, postponement and preservation mechanisms than a simple procedural framework originally set out; these changes expand the catalogue of instruments and situations exempt from full RIS/consultation and introduce an administrative mechanism for extending life of specific rules (see s 6, s 10A, s 11, Schedule 3, Schedule 4 and Schedule 5)."},"complexity_factors":["Multiple interlocking procedural requirements (guidelines in Schedule 1, RIS requirements in s 5 and Schedule 2, publication and consultation steps in s 5(2))","Detailed exceptions and exemption certificates (s 6) requiring documentary certification and potential later compliance (s 6(2))","Staged repeal regime with timing rules, exceptions, postponement powers and limits (s 10, s 10A, s 11, s 12)","Large lists of excluded instruments and matters not requiring an RIS across Schedule 3 and Schedule 4, which have been amended frequently","Documentary pre‑submission requirements (s 7) that interact with legal opinions and ministerial certificates","Non‑invalidity clause (s 9(1)) that separates procedural compliance from legal validity, creating nuanced legal risk","Governor and Minister discretionary powers (s 11, s 6, s 14) that include procedural checks (notice to Legislation Review Committee)","Cross‑references to many other Acts and instruments (Schedules reference specific Acts and regulations) increasing interpretive work","Operational detail for administrative flow (forwarding to Legislation Review Committee; s 13) and machinery provisions for publication dates (s 12)","Temporal framing (specific historical repeal dates in s 10(1)) requiring attention to publication dates and transitional entries (Schedule 5)"],"plain_english_summary":"What this law does (mechanics)\n\n- The Act sets rules about how \"statutory rules\" (regulations, by‑laws, rules or ordinances that require Governor approval or are made by the Governor) are made, reviewed and repealed in New South Wales (see s 3 for definitions).\n- Before a statutory rule is made, the responsible Minister must, as far as reasonably practicable, follow preparation guidelines in Schedule 1 (s 4). For a \"principal statutory rule\" (one that contains substantive provisions), the responsible Minister must, so far as reasonably practicable, ensure a regulatory impact statement (RIS) is prepared that complies with Schedule 2, and must publish notices, consult affected groups, and consider submissions (s 5 and Schedule 2). Notices must invite submissions for at least 21 days (s 5(2)(a)(iv)).\n- The Act allows written certificates by Ministers (or advice from Attorney‑General/Parliamentary Counsel) to exempt a proposed rule from the RIS and consultation steps in certain cases (s 6). Where an exemption is made because of urgent public interest the Minister must later comply with adapted RIS requirements within 4 months (s 6(2)).\n- A proposed statutory rule cannot be submitted to the Governor unless it is accompanied by the responsible Minister’s certificate about compliance with this Act, any s 6 certificate, and the Attorney‑General’s/Parliamentary Counsel’s opinion as to its legality (s 7).\n- Statutory rules are subject to a staged automatic repeal regime: many older rules were set to expire on specified dates (s 10(1)) and, for rules published on or after 1 September 1990, a statutory rule expires five years after publication (s 10(2)), subject to specific exceptions (s 10(3)). The Governor may postpone repeal by one year at a time, up to five occasions, with additional notice and review requirements for later postponements (s 11). Schedule 5 lists specific rules whose repeal has been postponed (s 10A and Schedule 5).\n- Failure to comply with the procedural requirements in Part 2 does not of itself invalidate a statutory rule (s 9(1)).\n- The Governor may make regulations to carry the Act into effect and, after consulting the Legislation Review Committee, may amend or replace Schedules 3 and 4 (s 14).\n\nWho this affects\n\n- Responsible Ministers: they must ensure compliance with guidelines, prepare or certify RISs, publish notices and carry out consultation (s 4–7, Schedule 1, Schedule 2). Those activities create administrative obligations and costs for agencies.\n- The Governor: decides on making rules and may postpone repeals (s 11, s 14).\n- The Legislation Review Committee: receives RISs and submissions after publication and may be consulted; the Act provides a forwarding procedure when the Committee is not in office (s 5(4), s 13).\n- Businesses, interest groups and members of the public: they are entitled to receive notice, review RIS material and make submissions on proposed principal statutory rules (s 5(2)(a)–(c), Schedule 2).\n- Parties affected by particular statutory rules: the staged repeal regime (s 10, s 11, s 10A and Schedule 5) affects the duration and periodic review of subordinate regulation that governs their activities.\n\nWhy it matters (stated purpose and testing that purpose)\n\n- Stated purpose in operation: the Act requires pre‑making analysis, publication and consultation for principal statutory rules (s 4–5; Schedule 1 and Schedule 2). Those measures are framed to ensure objectives are clear, alternatives are considered, and costs and benefits (economic and social) are evaluated (Schedule 1 cl 1–4; Schedule 2 cl 1–2).\n\n- Testing that purpose against trade‑offs and practical effects (source‑grounded):\n  - Who pays and opportunity cost: preparation of RISs, publication of notices and consultation programs is carried out by the responsible Minister and their agency (s 5, Schedule 2). These activities use agency staff time and resources that could be used elsewhere.\n  - Compliance burden on regulated parties: the Act requires consultation and disclosure of proposals (s 5(2)(a)–(c)), which can impose direct costs on businesses and interest groups that choose to engage (time to review RIS and prepare submissions). The Act also recognises a lower threshold where impacts are minimal: Schedule 3 lists matters that do not require an RIS (e.g. machinery amendments, direct amendments, savings/transitional matters, adoption of standards where costs already assessed) which reduces burden in those cases (Schedule 3 cl 1–6).\n  - Legal certainty and regulatory churn: the staged repeal rule (s 10) establishes fixed expiration points (normally five years after publication for post‑1990 rules). That creates periodic review points that can increase regulatory maintenance work for agencies and potentially reduce long‑term certainty for regulated parties unless repeal is postponed under s 11 or the rule is specifically preserved in Schedule 5 (s 10A and Schedule 5).\n  - Administrative discretion and safeguards: Ministers have discretion to certify exemptions from RIS requirements in specified circumstances (s 6), and the Governor has discretion to postpone repeal up to five times with notice and the Legislation Review Committee’s possible scrutiny for later postponements (s 11). The Act requires certificates and legal opinions to be submitted with proposed rules (s 7), providing documentary checks on process.\n  - Risk of delay versus better policy: the publication and consultation requirements (s 5 and Schedule 2) increase the time and effort needed to make principal rules but provide opportunities for affected parties to be heard and for formal cost–benefit analysis to be considered (Schedule 1, Schedule 2). The Act allows limited emergency or impracticality exemptions (s 6) to balance urgency and thoroughness.\n  - Enforcement and legal risk: non‑compliance with the Part’s procedural steps does not invalidate a statutory rule (s 9(1)). That reduces the legal risk that a technical procedural lapse will nullify a rule but means procedural non‑compliance may not automatically produce relief for affected parties; accountability rests in political/administrative channels and the documentary certificates required (s 7).\n\nConcrete points of compliance burden, incentives and discretion (with sections):\n- Ministers must follow guidelines and prepare RISs where applicable (s 4; s 5; Schedule 1; Schedule 2 cl 1–2).\n- Ministers can certify exemptions (s 6). If exemption is for public interest urgency, adapted RIS requirements must be met within 4 months (s 6(2)).\n- Proposed rules must be lodged with a Minister’s certificate of compliance and legal opinion (s 7).\n- Statutory rules generally expire after 5 years (s 10(2)); Governor may postpone repeal up to 5 times with extra process for later postponements and LRC reporting (s 11).\n- Failure to comply with Part 2 does not affect validity of the rule (s 9(1)), but documentary requirements remain (s 7).\n\nNet effect on private enterprise and markets (source‑grounded)\n\n- The Act does not itself create substantive obligations for businesses, but it creates a decision framework that can raise the informational and administrative bar for making substantive subordinate rules that affect markets. Where a principal statutory rule will impose measurable impacts, the Act requires cost–benefit assessment and consultation (s 5; Schedule 2), which tends to increase upfront regulatory design costs for agencies and affected businesses. Where impacts are minimal, the Act allows exemptions to reduce burden (Schedule 3). The staged repeal mechanism (s 10, s 11) introduces periodic review opportunities that may affect long‑term planning by businesses reliant on subordinate rules.\n\nImplementation risks and practical notes\n\n- The Act concentrates process obligations on responsible Ministers and their agencies (s 4–7). The requirement to forward RISs and submissions to the Legislation Review Committee after publication is an administrative control point (s 5(4)). If the Committee is not yet appointed, materials are forwarded to a Clerk‑nominated person (s 13).\n- Schedules 3 and 4 carve out numerous classes of instruments from RIS requirements or from the Act’s definition of statutory rules; these lists have been amended repeatedly (see Schedule 4 and the amendment notes in the text), so users must check whether a specific instrument is excluded (s 3; Schedule 4).\n\nBottom line (mechanical):\n- The Act establishes procedural safeguards (guidelines, RIS, consultation, certificates and staged repeal) around the making and automatic review of subordinate legislation. It balances thoroughness (analysis and consultation) with flexibility (ministerial certificates and exemptions, Governor postponement), and includes a built‑in expiry/review mechanism to prompt periodic reconsideration of subordinate rules (s 4–7, s 10–12, s 11)."}},"importantCases":[],"_links":{"self":"/api/acts/subordinate-legislation-act-1989","history":"/api/acts/subordinate-legislation-act-1989/history","analysis":"/api/acts/subordinate-legislation-act-1989/analysis","conflicts":"/api/acts/subordinate-legislation-act-1989/conflicts","importantCases":"/api/acts/subordinate-legislation-act-1989/important-cases","documents":"/api/acts/subordinate-legislation-act-1989/documents"}}