7Examination of proposed subordinate legislation

7 Examination of proposed subordinate legislation

(1)  In this section, relevant Act means the Act under which it is intended to make the proposed subordinate legislation.

(2)  Proposed subordinate legislation must be submitted to the Chief Parliamentary Counsel for advice as to whether it –

(a) appears to be within the powers conferred by the relevant Act; and

(b) appears without clear and express authority being conferred by the relevant Act –

(i) to have a retrospective effect; or

(ii) to impose a tax, fee, fine, imprisonment or other penalty; or

(iii) to sub-delegate powers delegated by the relevant Act; and

(c) appears to be within the general objectives of the relevant Act; and

(d) is expressed in as clear and unambiguous language as is reasonably possible.