SCHEDULE 1 - Guidelines for thSCHEDULE 1 - Guidelines for the Preparation of Subordinate Legislation

# SCHEDULE 1 - Guidelines for th SCHEDULE 1 - Guidelines for the Preparation of Subordinate Legislation *\[Schedule 1 Amended by No. 77 of 1994, s. 15 \]* [Section 19](#GS19@EN) > **1.**   Where costs and benefits are referred to in these guidelines, economic, social and environmental costs and benefits are to be taken into account and given due consideration. > **2.**   Before subordinate legislation is proposed to be made – > > > > (a) the objectives sought to be achieved and the reasons for them must be clearly formulated; and > > > > > (b) those objectives are to be checked to ensure that they – > > > > > > > > (i) are reasonable and appropriate; and > > > > > > > > > (ii) accord with the objectives, principles, spirit and intent of the enabling Act; and > > > > > > > > > (iii) are not inconsistent with the objectives of other Acts, subordinate legislation and stated government policies; and > > > > > (c) alternative options for achieving those objectives (whether wholly or substantially), and the option of not proceeding with any action, must be considered; and > > > > > (d) consideration must be given to the advantages and disadvantages expected to arise from each such option as compared with the advantages and disadvantages (direct and indirect, and tangible and intangible) expected to arise from proceeding with the subordinate legislation; and > > > > > (da) consideration must be given to the impact of the proposed subordinate legislation on competition and, where a significant restriction on competition is identified, consideration must also be given to whether the advantages of the proposed restriction outweigh the likely disadvantages and, if so, whether the proposed restriction represents the absolute minimum that is necessary in the public interest; and > > > > > (e) [*\[Schedule 1 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja144@GC1@EN) if the subordinate legislation would impinge on or may affect the area of responsibility of another Government department, within the meaning of the [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) , or a State authority as defined in that Act, consultation must take place with a view to ensuring in advance that (as far as is reasonably practicable in the circumstances) – > > > > > > > > (i) any differences are reconciled; and > > > > > > > > > (ii) there will be no overlapping of or duplication of or conflict with Acts, subordinate legislation or stated government policies administered by the other Government department or State authority. > **3.**   In determining whether and how the objectives should be achieved, the responsible Minister is to have regard to the following principles: > > > > (a) administrative decisions should be based on adequate information and consultation concerning the need for and consequences of the proposed action; > > > > > (b) implementation by means of subordinate legislation should not normally be undertaken unless the anticipated benefits to the community from the proposed subordinate legislation outweigh the anticipated costs to the community, bearing in mind the impact of the proposal on the economy and competition and on consumers, members of the public, relevant interest groups, and any sector of industry and commerce, that may be affected; > > > > > (ba) regulatory restrictions should not be imposed on competition unless it can be clearly demonstrated that it is in the public interest for the restriction to be imposed; > > > > > (c) the alternative option that involves the greatest net benefit or the least net cost to the community should normally be chosen from the range of alternative options available to achieve the objectives. > **4.**   Subordinate legislation must be expressed plainly and unambiguously, and consistently with the language of the enabling Act.