11Rules for making legislative instrument under section 9 or 10

#### 11 Rules for making legislative instrument under section 9 or 10 (1) The matters referred to in subsections 9(3) and 10(2) must be included in the same legislative instrument. Having regard to matters (2) In making a legislative instrument under those subsections, the TPS Director must have regard to: (a) any advice of the Board in relation to the matters referred to in those subsections; and (b) the sustainability of the OSTF. (3) The Director may have regard to any other matter he or she considers appropriate. Approval of the Treasurer (4) Before the TPS Director makes (within the meaning of the Legislation Act 2003) a legislative instrument under subsections 9(3) and 10(2), the Treasurer must approve the legislative instrument in writing. (5) An approval given under subsection (4) is not a legislative instrument.