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](#JS2@EN) 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)](#GS5@Gs1A@EN) , 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)](#GS5@Gs1A@EN) 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](#JS2@EN) ; and > > > > > > > (b) the nature and extent of the consultation proposed to be undertaken pursuant to [subsection (2)](#GS5@Gs2@EN) 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)](#GS5@Gs2A@EN) , 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 – > > > > > > > > > > (i) stating the objects of the proposed subordinate legislation; and > > > > > > > > > > > (ii) advising where a copy of the regulatory impact statement may be obtained or inspected; and > > > > > > > > > > > (iii) advising where a copy of the proposed subordinate legislation may be obtained or inspected; and > > > > > > > > > > > (iv) inviting comments and submissions within a specified time, but not less than 21 days from publication of the notice; and > > > > > > > (b) consultations take place with appropriate representatives of consumers, the public, relevant interest groups, and any sector of industry or commerce, likely to be affected by the proposed subordinate legislation; and > > > > > > > (c) all comments and submissions received are appropriately considered. > > > (2A)  *\[Section 5 Subsection (2A) inserted by No. 77 of 1994, s. 7 \]*The responsible Minister must not take the action referred to in [subsection (2)](#GS5@Gs2@EN) in respect of proposed subordinate legislation before obtaining the certificate referred to in [subsection (1D)](#GS5@Gs1D@EN) . > > > (3)  *\[Section 5 Subsection (3) amended by No. 77 of 1994, s. 7 \]*For the purposes of [subsection (2)](#GS5@Gs2@EN) , the nature and extent of the consultation regarding the proposal is to be commensurate with the impact likely to arise for consumers, the public, relevant interest groups, and any sector of industry or commerce, from the making of the subordinate legislation.