Legislation Regulation 2003

The regulation builds around a small set of defined or signposted concepts that determine what must be provided to the Parliamentary Counsel before notification occurs. The main concepts, and the provisions that set them out, are:

• Notification number (s 5): For Part 2 purposes the notification number is the number the Parliamentary Counsel allocates under the Legislation Act, s 59 (Numbering). The regulation directs requestors to include that number in many places (for example s 6(2)(d), s 7(2)(a)(iv), s 9(4)(e)).

• Legislative instrument (s 6; cross-referred to the Act): The regulation distinguishes between legislative instruments other than approved forms and approved forms. For legislative instruments (other than approved forms), the regulation requires specific content (s 6(2)). The Legislation Act supplies the broader definition of legislative instrument (see the dictionary note).

• Approved form (s 7 and s 10): An approved form is an instrument type with its own form requirements. The regulation requires the form to indicate purpose, the authorising law and provision, and the form’s notification number (s 7(2)(a)(i)-(iv)). The regulation allows the form to be accompanied by a written statement from the approver, or to contain those approver details on the face of the form (s 7(2)(b) and s 7(4)).

• Subordinate law, disallowable instrument, notifiable instrument, commencement notice (Pt 2, ss 8-10; dictionary): The regulation sets out specific checklists for the information the PCO must receive with a request to notify each of these categories (s 8 for subordinate laws, s 9 for disallowable/notifiable instruments and commencement notices, s 10 for approved forms).

• Evidence and certification requirements: Where the PCO supplied the draft subordinate law, instrument or form, the request must include the PCO job number and a statement certifying whether the text as made matches the supplied draft or describing any changes (s 8(4)(g)(i)-(ii), s 9(4)(j)(i)-(ii), s 10(4)(h)(i)-(ii)). Where the PCO did not supply the draft, the request must include an electronic copy in Microsoft Word or another PCO-approved format and a statement certifying that it is an exact copy of the made text (s 8(4)(h)(i)-(ii), s 9(4)(k)(i)-(ii), s 10(4)(i)(i)-(ii)). The request must also include a certificate of compliance with s 6 or s 7, or an explanation why the instrument/form should be notified despite noncompliance (s 8(4)(h)(iii), s 9(4)(k)(iii), s 10(4)(i)(iii)).

• Maker identification and dates: The regulation repeatedly requires the name (as signed) and title of each maker, and the date the instrument was made (s 6(2)(e)-(f), s 8(4)(e)-(f), s 9(4)(f)-(g), s 10(4)(e)-(f)). For Executive-made subordinate laws or other instruments the names of each Minister who signed are required (s 8(4)(e)(i), s 9(4)(f)(i)).

• Commencement detail and timing of notification: The request must specify whether the instrument is to be notified as soon as practicable or on a stated date, and provide details about commencement or proposed commencement dates (s 8(4)(i)-(j), s 9(4)(l)-(m), s 10(4)(j)-(k)).

• Repeal/amendment identification: Where the instrument repeals or amends another instrument, the request must identify the instrument(s) by name and notification number, if any (s 8(4)(h)(iv), s 9(4)(h), s 10(4)(g)).

• Person making the request: The regulation requires the request to identify the person making it including name, title, administrative unit/court/tribunal/agency, telephone number and whether they are an authorised person or a delegate (s 8(3), s 9(3), s 10(3)).

Finally, the regulation's dictionary is made part of the regulation (s 3) and points readers to the Legislation Act dictionary for many foundational definitions including administrative unit, commencement notice, disallowable instrument, Executive, legislative instrument, Minister, notifiable instrument and subordinate law. Notes in the regulation are explicit that they are explanatory only and not operative law (s 4).

The regulation primarily affects three groups: makers of instruments (including Ministers and other authorised makers), persons tasked with lodging notification requests (authorised persons or their delegates), and the Parliamentary Counsel’s Office which receives and assesses requests.

• Makers and signatories: Makers of subordinate laws, disallowable instruments, notifiable instruments, commencement notices and approved forms must ensure the instrument itself contains the required details where the regulation prescribes them, for example the name (as signed) and title of each maker and the date the instrument was made (s 6(2)(e)-(f), s 9(4)(f)-(g)). For instruments made by the Executive the makers are specifically identified as each Minister who signed (s 8(4)(e)(i), s 9(4)(f)(i)).

• Administrative units, courts, tribunals and agencies: These entities must nominate the person who will request notification and ensure that person’s contact details, title, and authorisation status are provided to the PCO (s 8(3), s 9(3), s 10(3)). The regulation expressly contemplates requests coming from administrative units, courts, tribunals or other agencies (see s 8(3)(b), s 9(3)(b), s 10(3)(b)).

• Person requesting notification: The person who makes the request must be identified and must supply specified information and material. The regulation distinguishes whether the person is acting as an authorised person for making the request or as a delegate (s 8(3)(d), s 9(3)(d), s 10(3)(d)). The requirement to identify whether the requestor is an authorised person or a delegate creates a compliance step for internal delegation records.

• Parliamentary Counsel’s Office (PCO): The PCO is the decision-maker tasked with notifying instruments; the regulation sets the minimum informational and documentary prerequisites that the PCO requires before it will notify. The PCO also allocates notification numbers under the Act, s 59, which are the notification numbers referenced across the regulation (s 5).

• General public and stakeholders: While the regulation does not directly alter the substantive rights of private parties, it affects the timing and form of formal notification of instruments. Because the PCO’s notification is the mechanism for publicising instruments on the legislation register, regulated entities, businesses and advice practitioners will be affected indirectly by any delay or failure to notify instruments arising from noncompliance with these procedural requirements.

• Parliamentary and oversight actors: The categorisation of instruments as disallowable or notifiable is relevant to parliamentary oversight and to persons who use the legislation register. The regulation’s requirements for identification and notification numbers support traceability and parliamentary scrutiny by ensuring instruments are properly registered and identified when notified.

The regulation therefore concentrates administrative burdens on instrument-makers and their delegates who must assemble the stated material and the internal certifications required by ss 8-10; it assigns the PCO the gatekeeping role to decide whether the documentary prerequisites for notification have been met.

The regulation prescribes a series of duties on persons requesting notification and on instrument makers; those duties determine what the PCO requires before the PCO will notify the instrument. Rights in the regulation are limited, and primarily concern the form of material that may be provided; there are no express procedural review rights set out in this regulation.

Primary duties:

• Duty to include specified content in legislative instruments (other than approved forms): A legislative instrument must include a unique name that includes the year when the instrument was made, the name of the authorising law, the authorising provision, the instrument’s notification number, the name (as signed) and title of each maker, and the date the instrument was made (s 6(2)(a)-(f)). The section is explicit that these requirements must be complied with for the PCO to notify the making of the instrument (s 6(1)).

• Duty for approved forms to include specified content and approver details: Approved forms must include, at a minimum, a brief indication of the form’s purpose, the authorising law and provision, and the form’s notification number; they must be accompanied by a written statement including the approver’s name and title and the approval date or may include those details on the face of the form instead (s 7(2)(a)-(b), s 7(4)).

• Duty to provide personal and contact information: The requestor must provide their name, title, administrative unit/court/tribunal/agency, telephone number and indicate whether they are an authorised person or a delegate (s 8(3), s 9(3), s 10(3)).

• Duty to provide documentary material and certifications: Depending on whether the PCO supplied the draft or not, the requestor must supply the PCO job number and a statement certifying the text as made is the same as the supplied draft or describing changes; or must supply an electronic copy in Microsoft Word or another PCO-approved format and certify it is an exact copy and that the instrument/form complies with the relevant formal requirements or explain why notification should nonetheless proceed (s 8(4)(g)-(h), s 9(4)(j)-(k), s 10(4)(h)-(i)).

• Duty to identify amendments and repeals: If the instrument repeals or amends another instrument, the request must provide identifying details including name and notification number, if any (s 8(4)(h)(iv), s 9(4)(h), s 10(4)(g)).

• Duty to specify notification timing and commencement details: The request must say whether notification is to be as soon as practicable or on a stated date, and provide commencement date or proposed commencement date details (s 8(4)(i)-(j), s 9(4)(l)-(m), s 10(4)(j)-(k)).

Rights and options:

• Option to include approver details on the face of an approved form rather than as a separate written statement; the regulation expressly permits either approach (s 7(2)(b), s 7(4)).

• Option to number approved forms using a system that gives each form under the authorising law a unique number; the regulation permits numbering beyond the mandatory inclusion of the form’s notification number (s 7(3)).

• Option, where the instrument does not comply with the formal requirements in s 6 or s 7, to include a statement explaining why the instrument should be notified despite noncompliance; the regulation provides for an explanatory statement as an alternative to strict compliance (s 8(4)(h)(iii), s 9(4)(k)(iii), s 10(4)(i)(iii)). The provision is an express mechanism for the requestor to ask the PCO to proceed with notification despite formal noncompliance.

• Right of the PCO to require the prescribed information: While the regulation does not state an appeal or review path in its text, it conditions the Parliamentary Counsel’s notification on compliance with the prerequisites; therefore the PCO effectively has discretion to refuse to notify where the requirements are unmet. The regulation uses the phrase that the requirements "must be complied with for the parliamentary counsel to notify the making of the instrument" (s 6(1) and cross-references in ss 7-10).

Ancillary duties:

• Where an appointment is for a period, the request must give the date the appointment period ends (s 9(4)(i)).
• For drafts supplied by the PCO, inclusion of the PCO job number is mandatory to assist the PCO to match drafts with made instruments (s 8(4)(g)(i), s 9(4)(j)(i), s 10(4)(h)(i)).

The regulation itself does not set out explicit enforcement procedures for failure to comply with the documentary requirements beyond conditioning notification on compliance. The front matter states the penalty unit values that apply to offences against the law at the republication date, but the regulation’s operative provisions create duties of form and certification rather than creating new criminal offences or penalty amounts within the text of Part 2.

The regulation’s operative provisions do not set out specific monetary penalties or criminal sanctions for noncompliance with the notification requirements in Part 2. The republication front matter, however, records that at the republication date the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation, citing the Legislation Act 2001, s 133. That statement records the penalty unit values that apply to offences against the law at that date; it does not identify particular offences in the regulation’s operative text.

Enforcement mechanism in the regulation is administrative rather than punitive:

• The regulation conditions the Parliamentary Counsel’s notification on compliance with the specified requirements. For example s 6(1) provides that the section sets out requirements about the form of a legislative instrument that "must be complied with for the parliamentary counsel to notify the making of the instrument". Equivalent conditioning language appears for approved forms (s 7(1)) and in the notice request checklists (ss 8-10). The primary sanction for noncompliance is therefore likely to be non-notification by the PCO until the requested material and certifications are supplied.

• The regulation requires specific certifications and documentary material that facilitate the PCO’s verification tasks, including PCO job numbers where PCO supplied the draft, and statements certifying that an electronic copy is an exact copy, or that any supplied draft matches the made text (s 8(4)(g), s 9(4)(j), s 10(4)(h)). The PCO can use those certifications as the basis for accepting or refusing to notify; the text gives no internal review mechanism within the regulation itself.

• The Legislation Act 2001 contains wider statutory mechanisms and definitions that are referenced in the regulation and that may include, in other provisions, offences or penalties for particular contraventions. The regulation’s dictionary note points to the Legislation Act for definitions and other relevant provisions (dictionary note 1; s 3 signpost). Any prosecutorial or penalty regime would need to be traced to the Legislation Act or other Acts that create offences; the regulation does not itself identify such offences.

Practical enforcement implications to derive from the text:

• Administratively, makers and requestors have a duty to supply the PCO with the required information and certifications. The immediate consequence of failing to do so is that the PCO may not give notification, which affects the instrument’s presence on the legislation register. The regulation leaves the PCO as gatekeeper to determine whether the prerequisites have been satisfied.

• Where a requestor provides a statement certifying compliance or an explanation for noncompliance, the regulation does not prescribe a mandatory process for verification or audit by the PCO beyond accepting the provided material for the purpose of notification. That places emphasis on the accuracy of the written certifications supplied under ss 8-10.

• The penalty unit values in the front matter should be noted by any practitioner advising on enforcement risk: they record the dollar values that apply to offences against this law as at the republication date, but one must consult the Legislation Act and other relevant legislation for the identification of particular offences and whether a contravention attracts penalty units.

The regulation is closely integrated with the Legislation Act 2001 and relies upon it for substantive definitions, numbering rules, and the legal status of editorial changes and notes. The regulation also cross-references the Legislation Act for penalty unit valuation and for the legal status of notes and dictionary definitions.

Key cross-references and interactions in the document:

• Numbering: Section 5 of the regulation defines notification number for Part 2 as the number allocated by the Parliamentary Counsel under the Legislation Act, s 59 (Numbering). The regulation therefore depends upon and operates with the Act’s numbering regime.

• Notification authority and requirements: The regulation implements s 61(2) of the Legislation Act, which the regulation repeatedly cites as the Act provision authorising the setting of notification requirements (see s 6 heading “Act, s 61 (2)”, s 7 heading “Act, s 61 (2)”, and analogous headings for ss 8-10). Those Act provisions are the parent authority under which the regulation prescribes what must accompany notification requests.

• Definitions and terms: The regulation’s dictionary is expressly part of the regulation (s 3), but the dictionary itself signposts to the Legislation Act dictionary for key terms such as administrative unit, commencement notice, disallowable instrument, Executive, legislative instrument, Minister, notifiable instrument and subordinate law (dictionary note 2). The effect is that the regulation’s operation must be read together with the Act’s dictionary for full meaning.

• Editorial amendments and republication processes: The front matter explains that the Parliamentary Counsel may make editorial amendments under the Legislation Act 2001, part 11.3 when preparing a law for republication and that such editorial changes have legal effect as if made by an Act commencing on the republication date (citing Legislation Act, ss 115 and 117). The republication notes state which editorial changes have or have not been included in this republication. This interaction means the regulation operates within the broader statutory framework that governs republication, editorial amendment and the format of legislation on the register.

• Commencement: The regulation requires requestors to include details about the commencement date or proposed commencement date for the subordinate law, instrument or approved form (ss 8(4)(j), 9(4)(m), 10(4)(k)). The term commencement notice is defined in the Legislation Act dictionary (dictionary note 2), indicating that commencement mechanics are governed by the Legislation Act as well as by this regulation’s notification processes.

• Repeal and amendment identification: The regulation requires identification details where an instrument repeals or amends another instrument (ss 8(4)(h)(iv), 9(4)(h), 10(4)(g)). That interacts with legislative history and consolidation processes under the Legislation Act and the PCO’s register maintenance functions.

• Penalty units and offences: The regulation references the Legislation Act s 133 for penalty unit values payable for offences against this law at the republication date. To determine whether any particular breach of the regulation constitutes an offence and attracts penalty units, a practitioner must trace the relevant offence provision to the Act or other laws that create a substantive offence.

Operational interplay:

• The PCO’s role as gatekeeper is established by the Legislation Act but operationalised by the regulation’s checklists. The PCO’s decision whether to notify will rely on the Act’s authority to notify and the regulation’s prescribed documentary requirements.

• The regulation’s scope is administrative and formal; substantive legal effects of instruments, disallowance procedures, parliamentary oversight, commencement and the binding nature of instruments are controlled by the Legislation Act and any relevant subject-matter Acts, not by this regulation’s procedural prescriptions.

Overall, the regulation functions as an implementation instrument for the Legislation Act’s notification and numbering framework and must be read in conjunction with the Act for complete legal effect and for tracing any offence, penalty, or review rights.

The republished law includes an amendment history and legislation history in its endnotes, which record the original making of the regulation and subsequent amendments. The key amendments and their mechanical effects as recorded in the endnotes are:

• Original making: Legislation Regulation 2003 SL2003-17, notified LR 30 June 2003. Sections 1 and 2 commenced 30 June 2003 and the remainder commenced 1 July 2003 (Legislation history, endnote 3).

• Statute Law Amendment Act 2005 (A2005-20): Amended various parts of the regulation, notably s 8 and s 9 and inserting the definition of authorised person for making a notification request in the dictionary; the amendment entries include sch 2 pt 2.2 and are recorded as notified LR 12 May 2005 with certain commencement dates (Legislation history; Amendment history sets out specific insertions and omissions, see endnote 4).

• Statute Law Amendment Act 2006 (A2006-42): Further amendments to the regulation, including changes to the dictionary and renumbering or substitution of headings and sections (Legislation history; Amendment history records changes to s 5, s 6 heading and content, pt 2 heading, and dictionary amendments, A2006-42 amdt 2.20-2.27).

• Red Tape Reduction Legislation Amendment Act 2015 (A2015-33): Amended s 7 (Requirements about form of approved forms,Act, s 61 (2)), affecting the approved form requirements; the change is recorded in the amendment history as A2015-33 amdt 3.1 and in the legislation history as notified LR 30 September 2015 (endnotes 3 and 4).

• Statute Law Amendment Act 2017 (No 2) (A2017-28): Made further amendments to the regulation, recorded as notified LR 27 September 2017 and consequentially commenced relevant provisions on 11 October 2017 (endnote 3). The amendment history records particular modifications (A2017-28 amdt 2.6).

• Statute Law Amendment Act 2025 (A2025-29): The most recent amendment reflected in the republication, notified LR 6 November 2025, with certain parts commencing 6 November 2025 and sch 2 pt 2.2 commencing 16 November 2025 (Legislation history endnote 3). Amendment history identifies updates such as A2025-29 amdt 2.12 to s 7.

The amendment history in endnote 4 also records specific textual changes: for example s 1 amended (R2 LA), s 2 omitted (LA s 89(4)), multiple amends to s 6 through 10 and to the dictionary across the 2005-2025 amendments, and removal of some repealed provisions or provisions relocating other definitions. The endnotes provide a chronological table of republications and show which republished versions correspond to which amendment acts (endnote 5).

Practitioners should note the republication statement that the Parliamentary Counsel may make editorial amendments under the Legislation Act 2001, part 11.3 and that those editorial changes may be given legal effect as if made by an Act on the republication date (front matter; see Legislation Act, ss 115 and 117 as referenced). The republication also states whether those editorial changes have been included in this republication.

In practical terms the amendment history shows the regulation has been iteratively adjusted since 2003 to refine notification requirements, to add or remove definitions and to align drafting practice with evolving PCO processes. The endnotes record which provisions were added, amended or omitted and identify the amending Acts and schedules for traceability.

The republished regulation and its endnotes contain no case law or litigation history. The text of the regulation, its dictionary and the endnotes do not name any judicial or tribunal decisions that interpret or apply the regulation. The endnotes list legislative amendments and republications only; they do not record any litigation or reported judicial consideration of the regulation.

Consequently, there are no authoritative judicial interpretations of the regulation supplied in the republished text to guide how courts or tribunals have construed the notification requirements or the certification duties set out in Part 2. For legal advice requiring an understanding of how a court would treat issues arising under this regulation,for example disputes about whether the PCO has properly refused to notify because request prerequisites were not met,a practitioner must search judicial databases and secondary sources beyond this republished law.

Practitioners should also be aware that absence of litigation in the republished text does not mean policy or operational disputes have not arisen in practice; it means only that the republished law’s endnotes do not include any litigation references. When advising clients on risk in relation to notification, reliance on the Act and this regulation's clear procedural prescriptions is primary, but tracing any contested issues to external case law and administrative review mechanisms under the Legislation Act 2001 or other administrative law procedures will require additional research.

The regulation contains numerous procedural details that are easy to overlook and that have direct implementation consequences. The following are concrete pitfalls and practical risks to flag, with direct references to the text.

1. Notification is conditional on compliance: Section 6(1) states the requirements about form of a legislative instrument must be complied with for the Parliamentary Counsel to notify the making of the instrument. Equivalent conditioning appears for approved forms (s 7(1)). The immediate operational consequence is that incomplete or nonconforming material may result in non-notification and delay in making the instrument publicly available.

2. Exact-copy certifications are mandatory where the PCO did not supply the draft: For drafts not supplied by the PCO, requestors must supply an electronic copy in Microsoft Word or another PCO-approved format and provide a statement certifying the electronic copy is an exact copy of the text of the instrument as made (s 8(4)(h)(i)-(ii), s 9(4)(k)(i)-(ii), s 10(4)(i)(i)-(ii)). An incorrect or non-exact electronic copy risks the PCO refusing notification until an exact copy is supplied.

3. Job number matching where the PCO supplied the draft: Where the PCO supplied the draft, the request must include the PCO job number and a statement certifying whether the made text is the same as the supplied draft or, if not, a statement of any changes made (s 8(4)(g), s 9(4)(j), s 10(4)(h)). Failure to provide the job number or to explain changes can impede the PCO’s ability to match records and may delay notification.

4. Certificate of compliance or explanation required: When the draft is not supplied by the PCO, a statement certifying compliance with s 6 (for legislative instruments) or s 7 (for approved forms) is required, or a statement explaining why notification should proceed despite noncompliance (s 8(4)(h)(iii), s 9(4)(k)(iii), s 10(4)(i)(iii)). Practically this requires an internal check of formal compliance before submitting a notification request; ad hoc or informal assurances may not satisfy the PCO.

5. Unique name must include year: Section 6(2)(a) requires a unique name that includes the year when the instrument was made. Omitting the year or using non-unique names can create indexing problems and may be treated as noncompliant.

6. Maker details must be "as signed": Sections 6(2)(e) and parallel provisions require the name "as signed" and the title of each maker. That means requestors must attach or be able to show the signed instrument text that contains signature blocks or certificate blocks showing names and titles as signed.

7. Repeal/amendment identification for prior instruments: When an instrument repeals or amends another instrument, the request must identify the affected instrument including its notification number, if any (s 8(4)(h)(iv), s 9(4)(h), s 10(4)(g)). Missing notification numbers or ambiguity about which instrument is being amended can create follow-up queries.

8. Timing option "as soon as practicable" versus a stated date: Requestors must indicate whether the instrument is to be notified as soon as practicable, or on a date stated in the request (s 8(4)(i), s 9(4)(l), s 10(4)(j)). Practitioners should anticipate that "as soon as practicable" does not guarantee immediate notification and may be interpreted by the PCO to accommodate internal processing times; giving a clear desired notification date may help but is not guaranteed.

9. Approved form approver information can be on the face or in a statement: Section 7 allows approver details to be included on the approved form itself, or provided as an accompanying statement (s 7(2)(b), s 7(4)). Confusion about where approver details are placed can cause duplication or omission; ensure consistency.

10. Electronic format requirement: The regulation mandates Microsoft Word or another PCO-approved form for electronic copies (s 8(4)(h)(i), s 9(4)(k)(i), s 10(4)(i)(i)). Providing only PDF copies or other unapproved file types risks delay. Confirm with the PCO what "another electronic form approved by the parliamentary counsel" currently includes.

11. Delegation declaration required: The request must indicate whether it is made by an authorised person or a delegate (s 8(3)(d), s 9(3)(d), s 10(3)(d)). Failure to show authority or delegation may lead to the PCO querying the requestor’s authority to request notification.

12. Appointment end date for period appointments: If an instrument is an appointment for a period, the request must supply the date the appointment period ends (s 9(4)(i)). Omitting that date may be treated as incomplete.

13. The regulation does not itself create detailed appeal rights or remedial steps: Because the regulation conditions notification on compliance but does not set out administrative review pathways in its text, any dispute about whether the PCO improperly refused to notify will need to be resolved by reference to the Legislation Act or to administrative law remedies outside the regulation itself.

14. Notes are explanatory only: The regulation’s note in s 4 warns that notes are not part of the regulation; practitioners must not rely on notes as substitute for the operative text.

In short, the most common operational gotchas are failing to provide exact-copy electronic files in the accepted format, omitting required maker signatory information, failing to include the PCO job number where relevant, and failing to supply the prescribed certifications. Each of those triggers the PCO’s procedural gatekeeping under ss 6-10.

This section provides a practical compliance checklist and procedural steps drawn directly from the regulation’s requirements. Use this as a minimum compliance protocol when preparing an instrument for notification. Each step references the relevant provision.

Preliminary steps

1. Confirm the instrument type: Identify whether the item is a legislative instrument (other than an approved form), an approved form, a subordinate law, a disallowable or notifiable instrument, or a commencement notice. The relevant notification checklist depends on instrument type (see ss 6-10).

2. Confirm who will request notification: Nominate an authorised person for making the notification request, or their delegate, and be ready to show that status. The request must state whether the person is an authorised person or a delegate and must give that person’s name, title, administrative unit/court/tribunal/agency, and telephone number (s 8(3), s 9(3), s 10(3)).

For legislative instruments (other than approved forms) , s 6 3. Ensure the instrument includes a unique name that includes the year the instrument was made (s 6(2)(a)). Use a name format that avoids duplication and that expressly contains the year.

4. Ensure the instrument’s text records:
   • The name of the authorising law and the authorising provision (s 6(2)(b)-(c));
   • The instrument’s notification number as allocated by the PCO (s 6(2)(d)); and
   • The name (as signed) and title of each maker, and the date the instrument was made (s 6(2)(e)-(f)).

For approved forms , s 7 and s 10 5. Ensure the form includes:

• A brief indication of the form’s purpose (s 7(2)(a)(i));
• The name of the authorising law and the authorising provision (s 7(2)(a)(ii)-(iii));
• The form’s notification number (s 7(2)(a)(iv));
• The name (as signed) and title of the person who approved the form, and the date the form was approved, either on the form or in an accompanying written statement (s 7(2)(b), s 7(4), s 10(4)(e)-(f)).

6. If you use a numbering system for approved forms, ensure it gives each form a unique number under the authorising law; this is optional but permitted (s 7(3)).

Information and material to provide with the notification request , ss 8-10 7. Prepare the request covering letter to the PCO that includes:

• The requestor’s full name, title, administrative unit/court/tribunal/agency and telephone number (s 8(3), s 9(3), s 10(3));
• Whether the person is an authorised person for making the request or a delegate (s 8(3)(d), s 9(3)(d), s 10(3)(d)).

8. Prepare the instrument-specific details:

   • Name of the instrument (s 8(4)(a), s 9(4)(a), s 10(4)(d));
   • Whether it is a subordinate law, disallowable instrument, notifiable instrument or commencement notice (s 9(4)(b));
   • Name of the authorising law and the authorising provision (s 8(4)(b)-(c), s 9(4)(c)-(d), s 10(4)(b)-(c));
   • The instrument’s notification number if already allocated (s 8(4)(d), s 9(4)(e), s 10(4)(d));
   • The name (as signed) and title of makers (each Minister who signed for Executive-made instruments) and the date the instrument was made (s 8(4)(e)-(f), s 9(4)(f)-(g), s 10(4)(e)-(f)).

9. If the instrument amends or repeals another instrument, include identifying details including the other instrument’s name and notification number, if any (s 8(4)(h)(iv), s 9(4)(h), s 10(4)(g)).

10. For appointments limited to a period, include the appointment end date (s 9(4)(i)).

11. Prepare the electronic copy and certifications:

• If the PCO supplied the draft, include the PCO job number and a statement certifying that the made text is the same as the supplied draft or identifying any changes (s 8(4)(g), s 9(4)(j), s 10(4)(h));
• If the PCO did not supply the draft, attach an electronic copy in Microsoft Word or another PCO-approved format and include a statement certifying the electronic copy is an exact copy of the text as made (s 8(4)(h)(i)-(ii), s 9(4)(k)(i)-(ii), s 10(4)(i)(i)-(ii));
• Also include a statement certifying that the instrument complies with s 6 or s 7, or, if it does not, a statement explaining why the instrument should be notified despite the noncompliance (s 8(4)(h)(iii), s 9(4)(k)(iii), s 10(4)(i)(iii)).

12. State the desired timing for notification , whether the instrument is to be notified "as soon as practicable" or on a specified date , and supply commencement or proposed commencement details (s 8(4)(i)-(j), s 9(4)(l)-(m), s 10(4)(j)-(k)).

Practical drafting and internal control steps 13. Include signature blocks or certification blocks: Ensure the made instrument contains the "name (as signed)" and title fields in a way that can be evidenced when the PCO asks to see the made text and signatures (s 6(2)(e)-(f)).

14. Reconcile drafts: If the PCO provided a draft, reconcile any changes and prepare a short schedule of amendments for the PCO’s attention; provide the PCO job number (s 8(4)(g), s 9(4)(j), s 10(4)(h)).

15. Maintain delegation records: Keep contemporaneous documentation showing that the person lodging the request is an authorised person or is acting under delegation; include this detail in the request (s 8(3)(d), s 9(3)(d), s 10(3)(d)).

16. Use approved file formats: When providing electronic copies, use Microsoft Word or confirm with the PCO what other electronic forms are currently approved (s 8(4)(h)(i), s 9(4)(k)(i), s 10(4)(i)(i)).

17. Check for repeals and amendments: Before submitting, verify whether the instrument will repeal or amend an existing instrument and ensure you can supply the identifying detail and notification numbers for those instruments (s 8(4)(h)(iv), s 9(4)(h), s 10(4)(g)).

18. Keep a copy of all statements and certifications: As the regulation requires statements and certifications, keep signed copies for your file and for any future audit queries.

Responding to PCO queries and delays 19. Expect follow-up: If the PCO queries any certification, job number, exactness of the electronic copy, or maker signature, respond promptly with the requested clarifying material. The PCO’s ability to notify depends on those items (ss 8-10).

20. If the instrument does not strictly comply, provide a careful explanation: The regulation allows the request to include a statement explaining why the instrument should be notified despite noncompliance (s 8(4)(h)(iii), s 9(4)(k)(iii), s 10(4)(i)(iii)). Draft that explanation to address the specific noncompliance and any remedial steps planned.

Record-keeping and audit 21. Retain the electronic files in the format submitted and maintain an index linking the instrument, the notification request, the PCO job number (if any), and the dates of submission and notification. This aids later verification if questions arise.

22. For high-volume instrument-makers, implement a pre-notification checklist embedded in drafting templates to ensure every instrument includes required fields: unique name including year, authorising law and provision, notification number slot, maker name and title, and date made (s 6(2)(a)-(f)).

By following these steps and ensuring the request to the PCO contains the items specifically mandated by ss 6-10, instrument-makers and their delegates will comply with the regulation’s procedural requirements and minimise the risk of PCO refusal to notify.