5Regulatory impact statements

5 Regulatory impact statements

(1)  *[Section 5 Subsection (1) amended by No. 77 of 1994, s. 7 ]*The responsible Minister must ensure that before subordinate legislation is made a regulatory impact statement complying with Schedule 2 is prepared in connection with those parts of the proposed subordinate legislation which would impose a significant burden, cost or disadvantage on any sector of the public.

(1A)  *[Section 5 Subsection (1A) inserted by No. 77 of 1994, s. 7 ]*The question of whether any part of proposed subordinate legislation would or would not impose a significant burden, cost or disadvantage on any sector of the public is to be determined by the Secretary after considering the advice of the responsible Department in relation to the Act which would authorize the proposed subordinate legislation to be made.

(1B)  *[Section 5 Subsection (1B) inserted by No. 77 of 1994, s. 7 ]*The Secretary, on making a determination under subsection (1A) , must provide a certificate setting out particulars of the determination to the responsible Minister.

(1C)  *[Section 5 Subsection (1C) inserted by No. 77 of 1994, s. 7 ]*A determination of the Secretary under subsection (1A) is conclusive.

(1D)  *[Section 5 Subsection (1D) inserted by No. 77 of 1994, s. 7 ]*If it is necessary to prepare a regulatory impact statement in respect of proposed subordinate legislation, the responsible Minister must, after the statement is prepared, obtain a certificate from the Secretary in respect of the statement certifying that –

(a) it complies with the requirements of Schedule 2 ; and

(b) the nature and extent of the consultation proposed to be undertaken pursuant to subsection (2) is appropriate.

(2)  *[Section 5 Subsection (2) amended by No. 77 of 1994, s. 7 ]*If it is necessary to prepare a regulatory impact statement in respect of proposed subordinate legislation, the responsible Minister must, subject to subsection (2A) , ensure that before the proposed subordinate legislation is made –

(a) a notice is published in the Gazette and in at least 3 daily newspapers published and circulated generally throughout Tasmania –