Legislation Act 2003
15JExplanatory statements
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15J Explanatory statements
Definition of explanatory statement (1) An explanatory statement for a legislative instrument is one of the following statements prepared for laying before each House of Parliament: (a) a statement (an initial explanatory statement) for the instrument that complies with subsection (2); (b) a statement (a replacement explanatory statement) for the instrument that: (i) replaces an explanatory statement for the instrument that has already been registered; and (ii) complies with subsection (2); (c) a statement (a supplementary explanatory statement) for the instrument that: (i) amends an initial explanatory statement or a replacement explanatory statement; and (ii) complies with subsection (3). Requirements for initial and replacement explanatory statements (2) An initial explanatory statement, or a replacement explanatory statement, for a legislative instrument must: (a) be approved by the rule‑maker; and (b) explain the purpose and operation of the instrument; and (c) if any documents are incorporated in the instrument by reference—contain a description of the incorporated documents and indicate how they may be obtained; and (d) if consultation was undertaken under section 17 before the instrument was made—contain a description of the nature of that consultation; and (e) if no such consultation was undertaken—explain why no such consultation was undertaken; and (f) if the instrument is a disallowable legislative instrument—contain a statement of compatibility prepared under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011; and (g) contain such other information as is prescribed by regulation. Requirements for supplementary explanatory statements (3) A supplementary explanatory statement for a legislative instrument must: (a) be approved by the rule‑maker; and (b) contain such other information as is prescribed by regulation. Single explanatory statements—one or more legislative instruments (4) A single explanatory statement may relate to one or more legislative instruments.