{"id":"tas:act-1992-030","name":"Subordinate Legislation Act 1992","slug":"subordinate-legislation-act-1992","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"30 of 1992","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106319,"registerId":"tas-act-1992-030-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","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Subordinate Legislation Act 1992](/view/html/inforce/2026-04-12/act-1992-030) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on a day to be proclaimed.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> *\\[Section 3 Amended by No. 77 of 1994, s. 4 \\]*\n> \n> > (1)  In this Act –\n> > \n> > > ***Consumer Price Index*** means the Consumer Price Index: All Groups Index for Hobart published by the Australian Statistician under the authority of the [Census and Statistics Act 1905](/view/html/inforce/2026-04-12/act-9999-999) of the Commonwealth;\n> > \n> > > ***responsible Minister***, in connection with subordinate legislation, means the Minister administering the Act under which the subordinate legislation is or is proposed to be made;\n> > \n> > > ***Secretary*** means Secretary of the Department;\n> > \n> > > ***subordinate legislation*** means –\n> > > \n> > > > > (a) a regulation, rule or by-law that is –\n> > > > > \n> > > > > > > (i) made by the Governor; or\n> > > > > > \n> > > > > > > (ii) made by a person or body other than the Governor but required by law to be approved, confirmed or consented to by the Governor; or\n> > > > \n> > > > > (b) any other instrument of a legislative character that is –\n> > > > > \n> > > > > > > (i) made under the authority of an Act; and\n> > > > > > \n> > > > > > > (ii) declared by the Treasurer under [subsection (2)](#GS3@Gs2@EN) to be subordinate legislation for the purposes of this Act;\n> > \n> > > ***Subordinate Legislation Committee*** means the committee for the time being constituted under the [Subordinate Legislation Committee Act 1969](/view/html/inforce/2026-04-12/act-1969-044) .\n> \n> > (2)  *\\[Section 3 Subsection (2) added by No. 77 of 1994, s. 4 \\]*The Treasurer, by notice published in the *Gazette*, may declare an instrument of a legislative character that is made under the authority of an Act to be subordinate legislation for the purposes of this Act.\n> \n> > (3)  *\\[Section 3 Subsection (3) added by No. 77 of 1994, s. 4 \\]*A notice under [subsection (2)](#GS3@Gs2@EN) is not a statutory rule within the meaning of the [Rules Publication Act 1953](/view/html/inforce/2026-04-12/act-1953-050) .","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Requirements regarding the making of subordinate legislation","content":"# Part 2 Requirements regarding the making of subordinate legislation","sortOrder":4},{"sectionNumber":"3A","sectionType":"section","heading":"Guidelines","content":"### 3A Guidelines\n\n> *\\[Section 3A Inserted by No. 77 of 1994, s. 5 \\]*\n> \n> > (1)  The Treasurer, by notice in the *Gazette*, may issue guidelines for the preparation of subordinate legislation.\n> \n> > (2)  A notice under [subsection (1)](#GS3A@Gs1@EN) may contain such guidelines as the Treasurer considers necessary or expedient for the purposes of ensuring that –\n> > \n> > > > (a) the objectives of proposed subordinate legislation are clearly formulated and that those objectives are –\n> > > > \n> > > > > > (i) reasonable and appropriate; and\n> > > > > \n> > > > > > (ii) in accordance with the objectives, principles, spirit and intent of the Act which would authorize the proposed subordinate legislation to be made; and\n> > > > > \n> > > > > > (iii) not inconsistent with the objectives of other Acts, subordinate legislation or government policies; and\n> > > \n> > > > (b) the advantages and disadvantages of the proposed subordinate legislation are properly identified and considered; and\n> > > \n> > > > (c) the impact of the proposed subordinate legislation on competition is properly identified and considered; and\n> > > \n> > > > (d) alternative options for achieving the objectives of the proposed subordinate legislation, and the option of not proceeding with any legislative action, are properly considered; and\n> > > \n> > > > (e) the preparation of subordinate legislation is effectively co-ordinated; and\n> > > \n> > > > (f) the procedures for the preparation of subordinate legislation are, as far as possible, standardized.\n> \n> > (3)  A notice under [subsection (1)](#GS3A@Gs1@EN) is not a statutory rule within the meaning of the [Rules Publication Act 1953](/view/html/inforce/2026-04-12/act-1953-050) .\n> \n> > (4)  The Treasurer may from time to time rescind guidelines issued under [subsection (1)](#GS3A@Gs1@EN) and issue new guidelines under that subsection.","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Compliance with guidelines","content":"### 4 Compliance with guidelines\n\n> *\\[Section 4 Amended by No. 77 of 1994, s. 6 \\]*The responsible Minister must ensure that before subordinate legislation is made the guidelines issued under [section 3A](#GS3A@EN) are complied with so far as is reasonably practicable.","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Regulatory impact statements","content":"### 5 Regulatory impact statements\n\n> > (1)  *\\[Section 5 Subsection (1) amended by No. 77 of 1994, s. 7 \\]*The responsible Minister must ensure that before subordinate legislation is made a regulatory impact statement complying with [Schedule 2](#JS2@EN) is prepared in connection with those parts of the proposed subordinate legislation which would impose a significant burden, cost or disadvantage on any sector of the public.\n> \n> > (1A)  *\\[Section 5 Subsection (1A) inserted by No. 77 of 1994, s. 7 \\]*The question of whether any part of proposed subordinate legislation would or would not impose a significant burden, cost or disadvantage on any sector of the public is to be determined by the Secretary after considering the advice of the responsible Department in relation to the Act which would authorize the proposed subordinate legislation to be made.\n> \n> > (1B)  *\\[Section 5 Subsection (1B) inserted by No. 77 of 1994, s. 7 \\]*The Secretary, on making a determination under [subsection (1A)](#GS5@Gs1A@EN) , must provide a certificate setting out particulars of the determination to the responsible Minister.\n> \n> > (1C)  *\\[Section 5 Subsection (1C) inserted by No. 77 of 1994, s. 7 \\]*A determination of the Secretary under [subsection (1A)](#GS5@Gs1A@EN) is conclusive.\n> \n> > (1D)  *\\[Section 5 Subsection (1D) inserted by No. 77 of 1994, s. 7 \\]*If it is necessary to prepare a regulatory impact statement in respect of proposed subordinate legislation, the responsible Minister must, after the statement is prepared, obtain a certificate from the Secretary in respect of the statement certifying that –\n> > \n> > > > (a) it complies with the requirements of [Schedule 2](#JS2@EN) ; and\n> > > \n> > > > (b) the nature and extent of the consultation proposed to be undertaken pursuant to [subsection (2)](#GS5@Gs2@EN) is appropriate.\n> \n> > (2)  *\\[Section 5 Subsection (2) amended by No. 77 of 1994, s. 7 \\]*If it is necessary to prepare a regulatory impact statement in respect of proposed subordinate legislation, the responsible Minister must, subject to [subsection (2A)](#GS5@Gs2A@EN) , ensure that before the proposed subordinate legislation is made –\n> > \n> > > > (a) a notice is published in the *Gazette* and in at least 3 daily newspapers published and circulated generally throughout Tasmania –\n> > > > \n> > > > > > (i) stating the objects of the proposed subordinate legislation; and\n> > > > > \n> > > > > > (ii) advising where a copy of the regulatory impact statement may be obtained or inspected; and\n> > > > > \n> > > > > > (iii) advising where a copy of the proposed subordinate legislation 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; and\n> > > \n> > > > (b) consultations 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 subordinate legislation; and\n> > > \n> > > > (c) all comments and submissions received are appropriately considered.\n> \n> > (2A)  *\\[Section 5 Subsection (2A) inserted by No. 77 of 1994, s. 7 \\]*The responsible Minister must not take the action referred to in [subsection (2)](#GS5@Gs2@EN) in respect of proposed subordinate legislation before obtaining the certificate referred to in [subsection (1D)](#GS5@Gs1D@EN) .\n> \n> > (3)  *\\[Section 5 Subsection (3) amended by No. 77 of 1994, s. 7 \\]*For the purposes of [subsection (2)](#GS5@Gs2@EN) , the nature and extent of the consultation regarding the proposal is to be commensurate with the impact likely to arise for consumers, the public, relevant interest groups, and any sector of industry or commerce, from the making of the subordinate legislation.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Regulatory impact statements not necessary in certain cases","content":"### 6 Regulatory impact statements not necessary in certain cases\n\n> *\\[Section 6 Amended by No. 77 of 1994, s. 8 \\]**\\[Section 6 Amended by No. 20 of 1995, s. 3 and Sched. 1 \\]*The responsible Minister need not comply with [sections 4](#GS4@EN) and [5](#GS5@EN) if –\n> \n> > > (a) the Secretary certifies in writing that the proposed subordinate legislation comprises or relates to matters set out in [Part 1](#JS3@HS1@EN) of [Schedule 3](#JS3@EN) or comes within any of the categories set out in [Part 2](#JS3@HS2@EN) of that Schedule; or\n> > \n> > > (b) the Treasurer certifies in writing that, in his or her opinion in the special circumstances of the case, the public interest requires that the proposed subordinate legislation should be made without complying with [sections 4](#GS4@EN) and [5](#GS5@EN) ; or\n> > \n> > > (c) the person or body that would be responsible to the responsible Minister for administering the proposed subordinate legislation is a Government Business Enterprise within the meaning of the [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) and the Secretary certifies in writing that –\n> > > \n> > > > > (i) the proposed subordinate legislation exclusively concerns the setting of fees, charges or tariffs or other commercial operations of that Government Business Enterprise; and\n> > > > \n> > > > > (ii) the proposed subordinate legislation does not concern the public regulatory functions or powers or the administrative operations of that Government Business Enterprise; and\n> > > > \n> > > > > (iii) the Secretary is satisfied that the commercial operations of that Government Business Enterprise would be impeded or its commercial efficiency diminished if the Minister were to comply with [sections 4](#GS4@EN) and [5](#GS5@EN) .","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Examination of proposed subordinate legislation","content":"### 7 Examination of proposed subordinate legislation\n\n> > (1)  In this section, ***relevant Act*** means the Act under which it is intended to make the proposed subordinate legislation.\n> \n> > (2)  Proposed subordinate legislation must be submitted to the Chief Parliamentary Counsel for advice as to whether it –\n> > \n> > > > (a) appears to be within the powers conferred by the relevant Act; and\n> > > \n> > > > (b) appears without clear and express authority being conferred by the relevant Act –\n> > > > \n> > > > > > (i) to have a retrospective effect; or\n> > > > > \n> > > > > > (ii) to impose a tax, fee, fine, imprisonment or other penalty; or\n> > > > > \n> > > > > > (iii) to sub-delegate powers delegated by the relevant Act; and\n> > > \n> > > > (c) appears to be within the general objectives of the relevant Act; and\n> > > \n> > > > (d) is expressed in as clear and unambiguous language as is reasonably possible.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Requirements before making subordinate legislation","content":"### 8 Requirements before making subordinate legislation\n\n> *\\[Section 8 Amended by No. 77 of 1994, s. 9 \\]*Proposed subordinate legislation must not be submitted for making by the Governor, or for the approval, confirmation or consent of the Governor, unless there is submitted with the proposed subordinate legislation the advice given by the Chief Parliamentary Counsel under [section 7](#GS7@EN) and –\n> \n> > > (a) if a certificate has been issued under [section 6](#GS6@EN) – that certificate; or\n> > \n> > > (b) if no certificate has been issued under [section 6](#GS6@EN) and it was not necessary to prepare a regulatory impact statement – a certificate of the responsible Minister certifying that [section 4](#GS4@EN) has been complied with; or\n> > \n> > > (c) if no certificate has been issued under [section 6](#GS6@EN) and it was necessary to prepare a regulatory impact statement – the certificate of the Secretary under [section 5](#GS5@EN) [(1D)](#GS5@Gs1D@EN) .","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Certain documents to be sent to Subordinate Legislation Committee","content":"### 9 Certain documents to be sent to Subordinate Legislation Committee\n\n> > (1)  *\\[Section 9 Subsection (1) substituted by No. 77 of 1994, s. 10 \\]*In this section, ***subordinate legislation*** does not include an instrument referred to in [paragraph (b)](#GS3@Gs1@Nd4@Hpb@EN) of [the definition of ***subordinate legislation***](#GS3@Gs1@Nd4@EN) in [section 3](#GS3@EN) .\n> \n> > (1A)  *\\[Section 9 Subsection (1A) inserted by No. 77 of 1994, s. 10 \\]*If subordinate legislation is made the responsible Minister must send to the Subordinate Legislation Committee a copy of the advice given by the Chief Parliamentary Counsel under [section 7](#GS7@EN) and –\n> > \n> > > > (a) if a certificate has been issued under [section 6](#GS6@EN) – a copy of that certificate; or\n> > > \n> > > > (b) if no certificate has been issued under [section 6](#GS6@EN) and it was not necessary to prepare a regulatory impact statement – a copy of the certificate of the responsible Minister certifying that [section 4](#GS4@EN) has been complied with; or\n> > > \n> > > > (c) if no certificate has been issued under [section 6](#GS6@EN) and it was necessary to prepare a regulatory impact statement – a copy of the certificate of the Secretary under [section 5](#GS5@EN) [(1D)](#GS5@Gs1D@EN) together with –\n> > > > \n> > > > > > (i) a copy of the regulatory impact statement; and\n> > > > > \n> > > > > > (ii) a copy of the comments and submissions, if any, received pursuant to [section 5](#GS5@EN) [(2)](#GS5@Gs2@EN) [(a)](#GS5@Gs2@Hpa@EN) [(iv)](#GS5@Gs2@Hpa@Hqiv@EN) .\n> \n> > (2)  The documents referred to in [subsection (1)](#GS9@Gs1@EN) must be sent to the Subordinate Legislation Committee –\n> > \n> > > > (a) within 7 days of the subordinate legislation, or notification of its making, being published in the *Gazette*; or\n> > > \n> > > > (b) if the subordinate legislation, or notification of its making, is not required to be published in the *Gazette*, within 7 days of the subordinate legislation being made.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Compliance with Part","content":"### 10 Compliance with Part\n\n> > (1)  A failure to comply with a provision of this Part does not affect the validity of subordinate legislation.\n> \n> > (2)  The provisions of this Part regarding the requirements to be complied with before subordinate legislation is made, approved, confirmed or consented to are in addition to, and do not affect, the provisions of any other Act.","sortOrder":12},{"sectionNumber":"Part 3","sectionType":"part","heading":"Staged repeal of subordinate legislation","content":"# Part 3 Staged repeal of subordinate legislation","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Staged repeal of subordinate legislation","content":"### 11 Staged repeal of subordinate legislation\n\n> > (1)  *\\[Section 11 Subsection (1) substituted by No. 77 of 1994, s. 11 \\]*Subject to [subsection (5)](#GS11@Gs5@EN) , unless it sooner ceases to be in force, subordinate legislation made 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 January 1954 | 1 January 1996 |\n> > | 1 January 1964 | 1 January 1997 |\n> > | 1 January 1967 | 1 January 1998 |\n> > | 1 January 1973 | 1 January 1999 |\n> > | 1 January 1977 | 1 January 2000 |\n> > | 1 January 1981 | 1 January 2001 |\n> > | 1 January 1984 | 1 January 2002 |\n> > | 1 January 1987 | 1 January 2003 |\n> > | 1 January 1991 | 1 January 2004 |\n> > | date of commencement | 1 January 2005 |\n> > | of this Act |  |\n> \n> > (2)  *\\[Section 11 Subsection (2) amended by No. 77 of 1994, s. 11 \\]*Unless it sooner ceases to be in force, subordinate legislation made on or after the commencement of this Act is repealed on the tenth anniversary of the date on which it was made.\n> \n> > (3)  For the purposes of this section, a reference to \"subordinate legislation\" is a reference to the subordinate legislation as amended from time to time and not to any of the amending subordinate legislation.\n> \n> > (4)  Where subordinate legislation is repealed by virtue of this section, any subordinate legislation which amends that subordinate legislation and any provision in subordinate legislation which is a provision that amends that subordinate legislation is also repealed.\n> \n> > (5)  *\\[Section 11 Subsection (5) inserted by No. 77 of 1994, s. 11 \\]*The Governor, by order, may postpone by a period not exceeding 12 months the date on which any subordinate legislation specified in the order would otherwise be repealed under [subsection (1)](#GS11@Gs1@EN) .\n> \n> > (6)  *\\[Section 11 Subsection (6) inserted by No. 77 of 1994, s. 11 \\]*An order under [subsection (5)](#GS11@Gs5@EN) is to be made before the date on which the subordinate legislation to which the order applies would, but for the order, be repealed under [subsection (1)](#GS11@Gs1@EN) .","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Provisions regarding publication","content":"### 12 Provisions regarding publication\n\n> > (1)  *\\[Section 12 Subsection (1) amended by No. 77 of 1994, s. 12 \\]*Subordinate legislation is, for the purposes of this Part, to be taken to have been made on the date on which it was published, or notification of its making was published, in the *Gazette*.\n> \n> > (2)  If subordinate legislation made under one Act is by law to be treated as made under another, the date of its publication is, for the purposes of this Part, the date it was originally published.","sortOrder":15},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Procedure when Subordinate Legislation Committee not in office","content":"### 13 Procedure when Subordinate Legislation Committee not in office\n\n> If the Subordinate Legislation Committee is not in office when material is required to be sent to it under [section 9](#GS9@EN) , the material is to be sent to a person nominated by the Clerk of the Legislative Council and the Clerk of the House of Assembly for the attention of the Committee after its appointment.","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Regulations and orders","content":"### 14 Regulations and orders\n\n> *\\[Section 14 Amended by No. 77 of 1994, s. 13 \\]*\n> \n> > (1)  The Governor may make regulations for the purposes of this Act.\n> \n> > (2)  *\\[Section 14 Subsection (2) added by No. 77 of 1994, s. 13 \\]*The Governor, by order, may do either of the following:\n> > \n> > > > (a) amend [Schedule 2](#JS2@EN) or [Schedule 3](#JS3@EN) or both of those schedules;\n> > > \n> > > > (b) repeal [Schedule 2](#JS2@EN) or [Schedule 3](#JS3@EN) or both of those schedules and substitute, in each case, a new schedule.\n> \n> > (3)  *\\[Section 14 Subsection (3) added by No. 77 of 1994, s. 13 \\]*The power of the Governor under [subsection (2)](#GS14@Gs2@EN) is not exercisable after 31 December 1995.\n\n*\n\n**15.**   \n\nThe amendments effected by these sections have been incorporated into the authorised version of the following Acts:\n\n> > (a) [Subordinate Legislation Committee Act 1969](/view/html/inforce/2026-04-12/act-1969-044) ;\n> \n> > (b) [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) ;\n> \n> > (c) [Rules Publication Act 1953](/view/html/inforce/2026-04-12/act-1953-050) .\n\n****16.***   ***17.***","sortOrder":18},{"sectionNumber":"15.","sectionType":"section","heading":null,"content":"### 15.\n\n> > (a) [Subordinate Legislation Committee Act 1969](/view/html/inforce/2026-04-12/act-1969-044) ;\n> \n> > (b) [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) ;\n> \n> > (c) [Rules Publication Act 1953](/view/html/inforce/2026-04-12/act-1953-050) .","sortOrder":19},{"sectionNumber":"16.","sectionType":"section","heading":null,"content":"### 16.","sortOrder":20},{"sectionNumber":"17.","sectionType":"section","heading":null,"content":"### 17.","sortOrder":21},{"sectionNumber":"18.","sectionType":"section","heading":null,"content":"### 18.\n\n*\\[Section 18 Repealed by No. 77 of 1994, s. 14 \\]*","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Transitional provision","content":"### 19 Transitional provision\n\n> Until guidelines are issued by the Treasurer under [section 3A](#GS3A@EN) , the guidelines set out in [Schedule 1](#JS1@EN) are taken to be the guidelines that the Treasurer has issued under that section.","sortOrder":23},{"sectionNumber":"SCHEDULE 1 - Guidelines for th","sectionType":"part","heading":"SCHEDULE 1 - Guidelines for the Preparation of Subordinate Legislation","content":"# SCHEDULE 1 - Guidelines for th SCHEDULE 1 - Guidelines for the Preparation of Subordinate Legislation\n\n*\\[Schedule 1 Amended by No. 77 of 1994, s. 15 \\]*\n\n[Section 19](#GS19@EN)\n\n> **1.**   Where costs and benefits are referred to in these guidelines, economic, social and environmental costs and benefits are to be taken into account and given due consideration.\n\n> **2.**   Before subordinate legislation is proposed to be made –\n> \n> > > (a) the objectives sought to be achieved and the reasons for them must be clearly formulated; and\n> > \n> > > (b) those objectives are to be checked to ensure that they –\n> > > \n> > > > > (i) are reasonable and appropriate; and\n> > > > \n> > > > > (ii) accord with the objectives, principles, spirit and intent of the enabling Act; and\n> > > > \n> > > > > (iii) are not inconsistent with the objectives of other Acts, subordinate legislation and stated government policies; and\n> > \n> > > (c) alternative options for achieving those objectives (whether wholly or substantially), and the option of not proceeding with any action, must be considered; and\n> > \n> > > (d) consideration must be given to the advantages and disadvantages expected to arise from each such option as compared with the advantages and disadvantages (direct and indirect, and tangible and intangible) expected to arise from proceeding with the subordinate legislation; and\n> > \n> > > (da) consideration must be given to the impact of the proposed subordinate legislation on competition and, where a significant restriction on competition is identified, consideration must also be given to whether the advantages of the proposed restriction outweigh the likely disadvantages and, if so, whether the proposed restriction represents the absolute minimum that is necessary in the public interest; and\n> > \n> > > (e) [*\\[Schedule 1 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja144@GC1@EN) if the subordinate legislation would impinge on or may affect the area of responsibility of another Government department, within the meaning of the [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) , or a State authority as defined in that Act, consultation must take place with a view to ensuring in advance that (as far as is reasonably practicable in the circumstances) –\n> > > \n> > > > > (i) any differences are reconciled; and\n> > > > \n> > > > > (ii) there will be no overlapping of or duplication of or conflict with Acts, subordinate legislation or stated government policies administered by the other Government department or State authority.\n\n> **3.**   In determining whether and how the objectives should be achieved, the responsible Minister is to have regard to the following principles:\n> \n> > > (a) administrative decisions should be based on adequate information and consultation concerning the need for and consequences of the proposed action;\n> > \n> > > (b) implementation by means of subordinate legislation should not normally be undertaken unless the anticipated benefits to the community from the proposed subordinate legislation outweigh the anticipated costs to the community, bearing in mind the impact of the proposal on the economy and competition and on consumers, members of the public, relevant interest groups, and any sector of industry and commerce, that may be affected;\n> > \n> > > (ba) regulatory restrictions should not be imposed on competition unless it can be clearly demonstrated that it is in the public interest for the restriction to be imposed;\n> > \n> > > (c) the alternative option that involves the greatest net benefit or the least net cost to the community should normally be chosen from the range of alternative options available to achieve the objectives.\n\n> **4.**   Subordinate legislation must be expressed plainly and unambiguously, and consistently with the language of the enabling Act.","sortOrder":24},{"sectionNumber":"SCHEDULE 2 - Provisions Applyi","sectionType":"part","heading":"SCHEDULE 2 - Provisions Applying to Regulatory Impact Statements","content":"# SCHEDULE 2 - Provisions Applyi SCHEDULE 2 - Provisions Applying to Regulatory Impact Statements\n\n*\\[Schedule 2 Amended by No. 77 of 1994, s. 16 \\]*\n\n[Section 5](#GS5@EN)\n\n> **1.**   A regulatory impact statement must include –\n> \n> > > (a) a statement of the objectives sought to be achieved and the reasons for them; and\n> > \n> > > (b) an identification of the alternative options by which those objectives can be achieved (whether wholly or substantially); and\n> > \n> > > (c) an assessment of the costs and benefits of the proposed subordinate legislation, including the costs and benefits relating to resource allocation, administration and compliance; and\n> > \n> > > (d) an assessment of the costs and benefits of each alternative option to the making of the subordinate legislation (including the option of not proceeding with any action), including the costs and benefits relating to resource allocation, administration and compliance; and\n> > \n> > > (da) an assessment of the impact of the proposed subordinate legislation on competition and, where a significant restriction on competition is identified, an evaluation of whether the benefits of the proposed restriction outweigh the likely costs and, if so, whether the restriction represents the absolute minimum that is necessary in the public interest; and\n> > \n> > > (e) an assessment as to which of the alternative options involves the greatest net benefit or the least net cost to the community; and\n> > \n> > > (f) a statement of the consultation programme undertaken and to be undertaken.\n\n> **2.**   \n> \n> > (1) Where costs and benefits are referred to in this Schedule, economic, social and environmental costs and benefits, both direct and indirect, are to be taken into account and given due consideration.\n> \n> > (2) Costs and benefits must, where possible, be quantified. If this is not possible, the anticipated impacts of the proposed action and of each alternative must be stated and presented in a way that permits a comparison of the costs and benefits.","sortOrder":25},{"sectionNumber":"SCHEDULE 3 - Exempt Matters an","sectionType":"part","heading":"SCHEDULE 3 - Exempt Matters and Categories","content":"# SCHEDULE 3 - Exempt Matters an SCHEDULE 3 - Exempt Matters and Categories\n\n*\\[Schedule 3 Amended by No. 77 of 1994, s. 17 \\]*\n\n[Section 6](#GS6@EN)","sortOrder":26}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication of significant scope change from the Act's original 1992 intent. The version has been current since 1 May 2001 with amendments noted, suggesting incremental refinement rather than fundamental scope expansion. However, without the full text of the operative provisions, a definitive assessment cannot be made."},"complexity_factors":["Procedural and administrative law — requires understanding of how the legislative process works","Interaction with multiple other Acts (all Acts that empower regulations are affected)","Legal concepts like 'disallowance' and 'tabling' are not widely understood by the general public","Metadata-only document provided — full operative provisions unavailable, limiting detailed analysis","Framework legislation — effects are indirect, flowing through the regulations it governs rather than creating direct rights or obligations"],"plain_english_summary":"## Subordinate Legislation Act 1992 (Tasmania)\n\n### What is this law?\nThis is a Tasmanian law that governs how **subordinate legislation** (laws made by government ministers, departments, or other bodies *under the authority* of a main Act of Parliament — things like regulations, rules, and by-laws) is created, scrutinised, and managed.\n\n### Who does it affect?\n- **Government agencies and ministers** who make regulations\n- **Businesses and individuals** who must comply with regulations made under Tasmanian law\n- **Parliament**, which uses this framework to oversee regulations\n\n### Why does it matter?\nMost laws that directly affect everyday life — workplace rules, licensing requirements, fee schedules — aren't in the main Acts of Parliament. They're in regulations made by the executive government. This Act sets the rules for *how* those regulations can be made, ensuring there's a process of oversight so that governments can't quietly expand their powers without checks.\n\n### Key things this law likely does:\n- Sets out the **process for making, approving, and publishing** regulations and other subordinate laws\n- Requires regulations to be **tabled in Parliament** (formally presented for review)\n- Allows Parliament to **disallow** (reject) regulations it disagrees with\n- Establishes standards for the **quality and consistency** of subordinate legislation\n\n### Limitations of this analysis\n⚠️ The full text of the Act's operative provisions was not included in the provided document — only metadata and status information was available. The summary above is based on the Act's title, origin, and standard features of subordinate legislation frameworks common across Australian jurisdictions."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Within the provided text, the Act defines the procedural scope for preparation, consultation, legal vetting and staged repeal of subordinate legislation and identifies specific exemptions. No material expansion or contraction of that statutory scope is apparent in the text supplied. The Act retains its procedural focus—guidelines, RIAs, legal advice, committee reporting and automatic repeal—with specified exceptions and administrative certification powers (see s.3A, s.4, s.5, s.6, s.7, s.9, s.11)."},"complexity_factors":["Multiple decision-makers with differing powers and roles (Treasurer to issue/declare guidelines and subordinate instruments s.3A(1), s.3(2); Secretary to determine and certify RIA need s.5(1A)–(1D); Chief Parliamentary Counsel to advise s.7; Governor may regulate and postpone repeal s.14, s.11(5)).","Threshold and conclusive administrative tests (Secretary's conclusive determination that a RIA is or is not required s.5(1C)).","Layered documentation and certification requirements linking legal advice, RIA certification and ministerial certificates to the making process (s.7, s.8, s.9(1A)).","Detailed RIA content and consultation/publication procedures with quantification where possible (Schedule 2 paras 1–2; s.5(2)).","Staged, date-driven automatic repeal regime with exceptions and Governor postponement power (s.11(1)–(6)).","Extensive list of exemptions and special-case certifications (s.6, Schedule 3), which create many conditional paths through the procedure.","Rule that non-compliance does not affect validity (s.10(1)) reducing legal remedies and shifting oversight to administrative channels.","Transitional provisions and interim guidelines (s.19 and Schedule 1) that add a temporary layering of rules until the Treasurer issues new guidelines."],"plain_english_summary":"What this law does, mechanically\n\n- Sets procedural rules for making \"subordinate legislation\" (rules, by-laws, regulations, and other instruments declared by the Treasurer) (see s.3, s.3(2)).\n- Requires the Treasurer to issue preparation guidelines and allows those guidelines to be updated or rescinded (s.3A(1), (4)). Until the Treasurer issues new guidelines, the Act uses the text in Schedule 1 as the active guidance (s.19, Schedule 1).\n- Requires the responsible Minister to ensure those guidelines are followed \"so far as is reasonably practicable\" before subordinate legislation is made (s.4).\n- Imposes a regulatory impact statement (RIA) requirement for any part of proposed subordinate legislation that would impose a significant burden, cost or disadvantage on a sector of the public; the Secretary decides whether a RIA is necessary and must certify that a RIA complies with Schedule 2 (s.5(1), (1A)–(1D)).\n- Specifies the content and consultation/publication steps for RIAs: public notice in the Gazette and at least three daily newspapers, availability of the RIA and draft instrument, minimum 21-day comment period, consultations with affected groups, and consideration of submissions (s.5(2), (3), Schedule 2 paras 1–2).\n- Requires proposed subordinate legislation to be sent to the Chief Parliamentary Counsel for legal advice on validity, retrospective effect, penalties, sub-delegation and clarity (s.7). The advice and relevant certificates must accompany any instrument submitted for making or approval (s.8).\n- Requires the responsible Minister to send the Chief Parliamentary Counsel's advice and specified certificates and documents to the Subordinate Legislation Committee within 7 days of Gazette publication or making (s.9(1A), (2)). If a RIA was prepared, copies of the RIA and submissions must be included (s.9(1A)(c)(i)–(ii)).\n- Establishes a staged automatic repeal regime: older subordinate legislation is repealed on specified dates and all subordinate legislation (made after commencement) is repealed ten years after it was made; related amending instruments are also repealed (s.11(1)–(4)). The Governor may postpone repeal by up to 12 months in an order issued before the repeal date (s.11(5)–(6)). Publication date in the Gazette is the date of making for repeal purposes (s.12).\n- Provides a list of exemptions where the Minister need not comply with the guideline and RIA requirements (Schedule 3, s.6), and allows the Secretary or Treasurer to certify particular exemptions in specific circumstances (s.6(a)–(c)).\n- Confirms that failure to comply with Part 2 procedures does not invalidate subordinate legislation (s.10(1)).\n- Gives the Governor power to make regulations for the Act and (limitedly) to amend or replace Schedules 2 and 3 by order (s.14).\n\nOfficial purpose-claims and the statutory mechanisms that give effect to them\n\n- The Act expresses (as the statutory aims of the guidelines) that objectives of proposed subordinate legislation should be clearly formulated, reasonable, consistent with the enabling Act and other laws/policy; advantages and disadvantages should be identified; competition impacts and alternatives should be considered; preparation should be coordinated and procedures standardized (s.3A(2); Schedule 1). Schedule 2 sets the RIA content (objectives, alternatives, costs/benefits, competition impacts, consultation) and asks for quantification where possible (Schedule 2 paras 1–2).\n\nWho decides and who pays (practical incentives and burdens)\n\n- Decision-makers: the Treasurer issues guidelines and may declare instruments to be subordinate legislation (s.3A(1), (4); s.3(2)). The Secretary determines whether a RIA is required and must certify the RIA's compliance; that determination is conclusive (s.5(1A)–(1C), (1D)). The Chief Parliamentary Counsel gives legal advice on proposed instruments (s.7). The Governor has reserve powers to make regulations under the Act and to postpone repeal dates (s.14(1); s.11(5)). The responsible Minister must operationally ensure compliance with guidelines and RIA/consultation steps (s.4, s.5(2)).\n- Who bears costs: the responsible Minister and the administering department must prepare documents, consult and publish notices (s.4, s.5(2)). Where the subordinate legislation would impose significant burdens on a sector of the public, affected businesses, organisations or individuals can expect to bear compliance, administrative and other costs that the RIA must identify and (where possible) quantify (s.5(1), Schedule 2 para 1(c), para 2).\n\nDiscretion, compliance risk and legal effects\n\n- The Secretary has conclusive administrative power to decide whether a RIA is required and to certify compliance with the RIA requirements (s.5(1A)–(1D)). That concentrates significant procedural discretion in an official post.\n- The Treasurer has discretion to declare instruments to be subordinate legislation (s.3(2)) and to issue, vary and rescind preparation guidelines (s.3A(1), (4)).\n- Despite the procedural requirements, failure to follow Part 2 does not affect the legal validity of subordinate legislation (s.10(1)). That means compliance failures do not, by themselves, give a legal basis to quash instruments under this Act.\n- The Governor may postpone automatic repeal dates (s.11(5)–(6)); the ten-year automatic repeal rule (s.11(2)) creates predictable renewal costs and administrative choices (remake, consolidate, or let lapse) for those who prepare or rely on subordinate legislation.\n\nEffects on competition, markets and private choice (what the Act requires to be considered)\n\n- The Act and its schedules require specific consideration of competition impacts: guidelines must require identification of competition effects and alternatives (s.3A(2)(c)); Schedule 1 and Schedule 2 require an assessment of impacts on competition and extra evaluation where a significant restriction is identified (Schedule 1 para 2(da); Schedule 2 para 1(da)).\n- Mechanically, this means policy-makers must analyse whether rules will limit competitors, and where they do, must show the restriction is necessary and minimally intrusive (Schedule 1 para 2(da); Schedule 2 para 1(da)). The Act does not itself set a substantive competition policy; it imposes analysis and disclosure obligations.\n\nConcentrated benefits, diffuse costs and opportunities for regulatory trimming\n\n- The Act creates a process that can raise the up-front cost of making subordinate legislation (RIA preparation, wider consultation, publication) that is carried by the administering department and, indirectly, by affected sectors and regulated parties (s.5(1), s.5(2), Schedule 2). Those costs are concentrated among drafter-administrations and affected industries, while the stated benefits (better information, considered alternatives, competition analysis) are dispersed across the public.\n- Exemptions (Schedule 3, s.6) carve out many routine, technical or time-sensitive categories (e.g. corrections, transitional matters, fees indexed to CPI, remakings without substantive change), which reduces the burden where costs of compliance would outweigh benefits or where prior analysis exists.\n\nImplementation risks and trade-offs\n\n- The conclusive nature of the Secretary's determination about the need for a RIA (s.5(1C)) reduces litigation risk over procedural necessity but concentrates administrative power.\n- The rule that non-compliance does not invalidate instruments (s.10(1)) lowers the courts' role as a check on procedural compliance, increasing reliance on internal oversight (Chief Parliamentary Counsel advice, Subordinate Legislation Committee scrutiny under s.9).\n- The ten-year automatic repeal (s.11(2)) forces periodic review of subordinate legislation; that creates ongoing administrative work and potential gaps if remaking is delayed, but also imposes discipline to remove obsolete provisions.\n\nKey statutory references (selection)\n\n- Definition of subordinate legislation and Treasurer's declaration power: s.3 (and s.3(2)).\n- Guidelines and their aims: s.3A(1)–(2); Schedule 1.\n- Requirement that responsible Minister ensure compliance with guidelines: s.4.\n- RIA requirement, Secretary's determinations and certification: s.5(1), (1A)–(1D); s.5(2)–(3); Schedule 2.\n- Exemptions and certification exceptions: s.6; Schedule 3.\n- Chief Parliamentary Counsel advice requirement: s.7; requirement to submit that advice and certificates: s.8.\n- Documents to Subordinate Legislation Committee and timing: s.9(1A), (2).\n- Non-invalidity of non-compliance: s.10(1).\n- Automatic staged repeal and Governor postponement power: s.11(1)–(6).\n- Transitional guideline provision: s.19.\n\nWhy it matters (neutral, mechanics-focused)\n\nThe Act creates a procedural architecture around regulation-making: it requires planning documents (guidelines), economic and competition analysis (RIAs), legal vetting, public notice and consultation, parliamentary committee visibility, and a built-in expiry mechanism for subordinate legislation. Those elements change the workload and decision-making of departments and Ministers, impose identifiable preparation and consultation costs, concentrate certain procedural powers in the Secretary and Treasurer, and require affected sectors to be considered explicitly before some subordinate legislation is made (see s.3A(2), s.5, Schedule 2, s.11)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1992 Act appears to have been substantially expanded by the 1994 amendments (No. 77 of 1994), which inserted the detailed guidelines framework (section 3A), the regulatory impact statement regime with Secretary certifications (section 5), the exemption categories (Schedule 3), and the competition impact requirements. The Act grew from a basic procedural framework for subordinate legislation into a comprehensive regulatory impact assessment system with economic analysis requirements, public consultation mandates, and detailed exemption categories. The amendment notations suggest the original scope was narrower, focused primarily on the staged repeal mechanism and basic drafting requirements, while the current version encompasses broad regulatory policy oversight."},"complexity_factors":["Multiple nested definitions in section 3, including a two-tiered definition of 'subordinate legislation' with Governor-made instruments and Treasurer-declared instruments","Extensive cross-referencing between sections and three schedules (Schedules 1, 2, and 3 referenced throughout Parts 2 and 4)","Conditional logic with multiple certificate pathways in sections 5, 6, 8, and 9 (determining which certificates are required based on whether exemptions apply)","Staged repeal table in section 11 with 10 different date ranges and automatic 10-year sunset clause for new legislation","Multiple amendment history notations throughout (indicating the Act has been substantially modified since 1992, particularly by Act No. 77 of 1994)","Exception to exception structure in section 6 (exemptions from RIS requirements, with sub-conditions for Government Business Enterprises)","Interaction with at least 5 other Acts referenced (Census and Statistics Act 1905, Subordinate Legislation Committee Act 1969, Rules Publication Act 1953, Government Business Enterprises Act 1995, State Service Act 2000, Administrative Arrangements Act 1990)"],"plain_english_summary":"**What this law does:**\n\nThis is Tasmania's **Subordinate Legislation Act 1992** — a law that sets the rules for making **regulations, rules, and by-laws** (collectively called \"subordinate legislation\"). These are the detailed rules made by government ministers and officials under powers given to them by Acts of Parliament.\n\n**Key things the Act requires:**\n\n* **Guidelines for making rules** — The Treasurer can issue guidelines that ministers must follow when preparing new regulations. These ensure rules are clear, necessary, don't conflict with other laws, and consider cheaper or better alternatives.\n\n* **Regulatory Impact Statements (RIS)** — Before making rules that would significantly burden the public, ministers must prepare a detailed statement analysing costs, benefits, and impacts on competition. The public must be given at least 21 days to comment, and affected groups must be consulted.\n\n* **Legal checking** — All proposed rules must be checked by the Chief Parliamentary Counsel to ensure they: are within the power granted by the parent Act; don't unfairly backdate penalties; don't impose taxes or jail time without clear authority; and are written clearly.\n\n* **Automatic expiry (\"sunsetting\")** — Rules automatically expire after 10 years (or on specific dates for older rules). This forces the government to review and remake necessary rules, preventing outdated regulations from lingering forever. The Governor can grant a one-year extension if needed.\n\n* **Exceptions** — Some rules don't need full impact statements, such as: minor corrections; fee increases matching inflation; court procedures; or rules remade without major changes within 10 years.\n\n**Who it affects:**\n\n* **Government ministers and departments** — must follow these processes when making regulations.\n* **The public and businesses** — get consultation rights and transparency about new rules affecting them.\n* **The Subordinate Legislation Committee** — a parliamentary committee that receives copies of all documentation to scrutinise new rules.\n\n**Why it matters:**\n\nThis Act is Tasmania's **regulatory quality control system**. It stops ministers from making hasty or poorly thought-out rules, ensures public consultation, forces regular review of old regulations, and requires cost-benefit analysis. It's designed to reduce red tape, keep laws up-to-date, and ensure government rules are necessary and clearly written."}},"importantCases":[],"_links":{"self":"/api/acts/subordinate-legislation-act-1992","history":"/api/acts/subordinate-legislation-act-1992/history","analysis":"/api/acts/subordinate-legislation-act-1992/analysis","conflicts":"/api/acts/subordinate-legislation-act-1992/conflicts","importantCases":"/api/acts/subordinate-legislation-act-1992/important-cases","documents":"/api/acts/subordinate-legislation-act-1992/documents"}}