sec.24Content of explanatory note for subordinate legislation

### sec.24 Content of explanatory note for subordinate legislation An explanatory note for subordinate legislation must include the following information about the subordinate legislation in clear and precise language— the legislation’s short title and, for subordinate legislation other than exempt subordinate legislation, the number given to the legislation when it is notified; the provision of the Act or subordinate legislation under which the legislation was made (the authorising law ); a brief statement of the policy objectives of the legislation and the reasons for them; a brief statement of the way the policy objectives will be achieved by the legislation and why this way of achieving them is reasonable and appropriate; a brief explanation of how the legislation is consistent with the policy objectives of the authorising law; if the legislation is inconsistent with the policy objectives of other legislation— a brief explanation of the relationship with the other legislation; and a brief statement of the reasons for the inconsistency; if appropriate, a brief statement of any reasonable alternative way of achieving the policy objectives (including the option of not making subordinate legislation) and why the alternative was not adopted; a brief assessment of the benefits and costs of implementing the legislation that— if practicable and appropriate, quantifies the benefits and costs; and includes a comparison of the benefits and costs with the benefits and costs of any reasonable alternative way of achieving the policy objectives stated under paragraph (g) ; a brief assessment of the consistency of the legislation with fundamental legislative principles and, if it is inconsistent with fundamental legislative principles, the reasons for the inconsistency. The explanatory note must also include— if consultation took place about the subordinate legislation— a brief statement of the way the consultation was carried out; and an outline of the results of the consultation; and a brief explanation of any changes made to the legislation because of the consultation; or if consultation did not take place—a statement of the reason for no consultation. For significant subordinate legislation, the explanatory note must be accompanied by the regulatory impact statement prepared for the subordinate legislation. If for any reason the explanatory note does not include the information mentioned in subsection (1) or (2) , the explanatory note must state the reason for non-inclusion. However, for significant subordinate legislation, information is taken to be included in the explanatory note if it is— included in the accompanying regulatory impact statement; and referred to in the explanatory note and, if necessary, supplemented or updated. s 24 ins 1994 No. 83 s 10 amd 2011 No. 15 s 5 ; 2013 No. 39 s 70 (sec.24-ssec.1) An explanatory note for subordinate legislation must include the following information about the subordinate legislation in clear and precise language— the legislation’s short title and, for subordinate legislation other than exempt subordinate legislation, the number given to the legislation when it is notified; the provision of the Act or subordinate legislation under which the legislation was made (the authorising law ); a brief statement of the policy objectives of the legislation and the reasons for them; a brief statement of the way the policy objectives will be achieved by the legislation and why this way of achieving them is reasonable and appropriate; a brief explanation of how the legislation is consistent with the policy objectives of the authorising law; if the legislation is inconsistent with the policy objectives of other legislation— a brief explanation of the relationship with the other legislation; and a brief statement of the reasons for the inconsistency; if appropriate, a brief statement of any reasonable alternative way of achieving the policy objectives (including the option of not making subordinate legislation) and why the alternative was not adopted; a brief assessment of the benefits and costs of implementing the legislation that— if practicable and appropriate, quantifies the benefits and costs; and includes a comparison of the benefits and costs with the benefits and costs of any reasonable alternative way of achieving the policy objectives stated under paragraph (g) ; a brief assessment of the consistency of the legislation with fundamental legislative principles and, if it is inconsistent with fundamental legislative principles, the reasons for the inconsistency. (sec.24-ssec.2) The explanatory note must also include— if consultation took place about the subordinate legislation— a brief statement of the way the consultation was carried out; and an outline of the results of the consultation; and a brief explanation of any changes made to the legislation because of the consultation; or if consultation did not take place—a statement of the reason for no consultation. (sec.24-ssec.3) For significant subordinate legislation, the explanatory note must be accompanied by the regulatory impact statement prepared for the subordinate legislation. (sec.24-ssec.4) If for any reason the explanatory note does not include the information mentioned in subsection (1) or (2) , the explanatory note must state the reason for non-inclusion. (sec.24-ssec.5) However, for significant subordinate legislation, information is taken to be included in the explanatory note if it is— included in the accompanying regulatory impact statement; and referred to in the explanatory note and, if necessary, supplemented or updated. - (a) the legislation’s short title and, for subordinate legislation other than exempt subordinate legislation, the number given to the legislation when it is notified; - (b) the provision of the Act or subordinate legislation under which the legislation was made (the authorising law ); - (c) a brief statement of the policy objectives of the legislation and the reasons for them; - (d) a brief statement of the way the policy objectives will be achieved by the legislation and why this way of achieving them is reasonable and appropriate; - (e) a brief explanation of how the legislation is consistent with the policy objectives of the authorising law; - (f) if the legislation is inconsistent with the policy objectives of other legislation— (i) a brief explanation of the relationship with the other legislation; and (ii) a brief statement of the reasons for the inconsistency; - (i) a brief explanation of the relationship with the other legislation; and - (ii) a brief statement of the reasons for the inconsistency; - (g) if appropriate, a brief statement of any reasonable alternative way of achieving the policy objectives (including the option of not making subordinate legislation) and why the alternative was not adopted; - (h) a brief assessment of the benefits and costs of implementing the legislation that— (i) if practicable and appropriate, quantifies the benefits and costs; and (ii) includes a comparison of the benefits and costs with the benefits and costs of any reasonable alternative way of achieving the policy objectives stated under paragraph (g) ; - (i) if practicable and appropriate, quantifies the benefits and costs; and - (ii) includes a comparison of the benefits and costs with the benefits and costs of any reasonable alternative way of achieving the policy objectives stated under paragraph (g) ; - (i) a brief assessment of the consistency of the legislation with fundamental legislative principles and, if it is inconsistent with fundamental legislative principles, the reasons for the inconsistency. - (i) a brief explanation of the relationship with the other legislation; and - (ii) a brief statement of the reasons for the inconsistency; - (i) if practicable and appropriate, quantifies the benefits and costs; and - (ii) includes a comparison of the benefits and costs with the benefits and costs of any reasonable alternative way of achieving the policy objectives stated under paragraph (g) ; - (a) if consultation took place about the subordinate legislation— (i) a brief statement of the way the consultation was carried out; and (ii) an outline of the results of the consultation; and (iii) a brief explanation of any changes made to the legislation because of the consultation; or - (i) a brief statement of the way the consultation was carried out; and - (ii) an outline of the results of the consultation; and - (iii) a brief explanation of any changes made to the legislation because of the consultation; or - (b) if consultation did not take place—a statement of the reason for no consultation. - (i) a brief statement of the way the consultation was carried out; and - (ii) an outline of the results of the consultation; and - (iii) a brief explanation of any changes made to the legislation because of the consultation; or - (a) included in the accompanying regulatory impact statement; and - (b) referred to in the explanatory note and, if necessary, supplemented or updated.