3AGuidelines

3A Guidelines

[Section 3A Inserted by No. 77 of 1994, s. 5 ]

(1)  The Treasurer, by notice in the Gazette, may issue guidelines for the preparation of subordinate legislation.

(2)  A notice under subsection (1) may contain such guidelines as the Treasurer considers necessary or expedient for the purposes of ensuring that –

(a) the objectives of proposed subordinate legislation are clearly formulated and that those objectives are –

(i) reasonable and appropriate; and

(ii) in accordance with the objectives, principles, spirit and intent of the Act which would authorize the proposed subordinate legislation to be made; and

(iii) not inconsistent with the objectives of other Acts, subordinate legislation or government policies; and

(b) the advantages and disadvantages of the proposed subordinate legislation are properly identified and considered; and

(c) the impact of the proposed subordinate legislation on competition is properly identified and considered; and

(d) alternative options for achieving the objectives of the proposed subordinate legislation, and the option of not proceeding with any legislative action, are properly considered; and

(e) the preparation of subordinate legislation is effectively co-ordinated; and

(f) the procedures for the preparation of subordinate legislation are, as far as possible, standardized.

(3)  A notice under subsection (1) is not a statutory rule within the meaning of the Rules Publication Act 1953 .

(4)  The Treasurer may from time to time rescind guidelines issued under subsection (1) and issue new guidelines under that subsection.