36When is preparation of regulatory impact statement

36 When is preparation of regulatory impact statement unnecessary? (1) A regulatory impact statement need not be prepared for a proposed subordinate law or disallowable instrument (the proposed law) if the proposed law only provides for, or to the extent it only provides for, any of the following: (a) a matter that is not of a legislative nature, including, for example, a matter of a machinery, administrative, drafting or formal nature; (b) a matter that does not operate to the disadvantage of anyone (other than the Territory or a territory authority or instrumentality) by— (i) adversely affecting the person’s rights; or (ii) imposing liabilities on the person; (c) an amendment of a territory law to take account of current legislative drafting practice; (d) the commencement of an Act or statutory instrument; Note A reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument (see s 7 and s 13). (e) an amendment of a territory law that does not fundamentally affect the law’s application or operation; (f) a matter of a transitional character; (g) a matter arising under a territory law that is part of a uniform scheme of legislation or complementary with legislation of the Commonwealth, a State or New Zealand;

Part 5.2 Requirements for regulatory impact statements (h) a matter involving the adoption of an Australian or international protocol, standard, code, or intergovernmental agreement or instrument, if an assessment of the benefits and costs has already been made and the assessment was made for, or is relevant to, the ACT; (i) a proposal to make, amend or repeal rules of court; (j) a matter advance notice of which would enable someone to gain unfair advantage; (k) an amendment of a fee, charge or tax consistent with announced government policy. (2) A regulatory impact statement also need not be prepared for the proposed law if, or to the extent that, it would be against the public interest because of the nature of the proposed law or the circumstances in which it is made. A law may need to be made urgently for controlling the spread of a disease or dealing with another urgent situation. Note Section 32 and s 34 also state other circumstances when a regulatory impact statement is not required.