12CConsultation—legislative instruments

12C Consultation—legislative instruments

(1) The responsible Minister must ensure that where the guidelines require consultation—

(a) there is consultation in accordance with the guidelines with any other Minister whose area of responsibility may be affected by a proposed legislative instrument so as to avoid any overlap or conflict with any other existing or proposed statutory rule, legislative instrument or other legislation;

(b) there is consultation in accordance with the guidelines with any sector of the public on which a significant economic or social burden may be imposed by a proposed legislative instrument so that the need for, and the scope of, the proposed legislative instrument is considered;

(c) a certificate of consultation in accordance with the guidelines is issued for the proposed legislative instrument.

S. 12C(2) inserted by No. 47/2024 s. 12.

(2) Without limiting subsection (1) or the guidelines, the responsible Minister may consult with any relevant public sector body Head whose area of responsibility may be affected by a proposed legislative instrument.

S. 12C(3) inserted by No. 47/2024 s. 12.

(3) The operation or effect of a legislative instrument is not affected by—

(a) a failure to comply with subsection (1); or

(b) consultation under subsection (2) not occurring.

S. 12D inserted by No. 78/2010 s. 30.