21AGuidelines

21A Guidelines

[Section 21A Inserted by No. 18 of 2017, s. 16, Applied:16 Aug 2017]

(1)  The Minister must issue guidelines specifying the actions to be undertaken by a person for the purpose of establishing a defence in accordance with section 21 .

(2)  The Minister may –

(a) amend the guidelines; or

(b) revoke the guidelines and substitute new guidelines.

(3)  The guidelines –

(a) may be made so as to apply differently according to such factors as are specified in the guidelines; and

(b) may adopt, either wholly or in part and with or without modification, either specifically or by reference, any standards, rules, codes, guidelines or other documents (whether published or issued before or after the commencement of this section); and

(c) are not statutory rules for the purposes of the Rules Publication Act 1953 ; and

(d) are not subordinate legislation for the purposes of the Subordinate Legislation Act 1992 .

(4)  A reference in subsection (3)(b) to standards, rules, codes, guidelines or other documents includes a reference to an amendment of those standards, rules, codes, guidelines or other documents, whether the amendment is published or issued before or after the commencement of this section.

(5)  In issuing guidelines, amending guidelines or revoking and substituting guidelines, the Minister may consult with any person he or she considers appropriate.

(6)  The guidelines take effect on a day specified in the guidelines as the day on which the guidelines are to take effect.

(7)  An amendment of guidelines, or a revocation and substitution of guidelines, takes effect on a day specified in the guidelines as the day on which the amendment, or the revocation and substitution, is to take effect.

(8)  The Minister must cause guidelines, an amendment of guidelines or substituted guidelines to be laid before each House of Parliament within the first 5 sitting-days of that House after the day on which the guidelines, the amendment of guidelines or the substituted guidelines take effect.