8Exemption certificates—statutory rules

8 Exemption certificates—statutory rules

(1) The responsible Minister may issue an exemption certificate in writing certifying that, in the opinion of the Minister—

(a) the proposed statutory rule would not impose a significant economic or social burden on a sector of the public; or

(b) the proposed statutory rule is a rule which relates only to a court or tribunal or the procedure, practice or costs of a court or tribunal; or

(c) the proposed statutory rule is of a fundamentally declaratory or machinery nature; or

S. 8(1)(d) substituted by No. 47/2024 s. 9(2)(a).

(d) the proposed statutory rule only increases fees in respect of a financial year by an amount not exceeding the annual rate fixed by the Treasurer in accordance with section 5 of the Monetary Units Act 2004; or

Note to s. 8(1)(d) inserted by No. 47/2024 s. 9(2)(b).

Note

See also section 5(8) of the Monetary Units Act 2004, which requires the annual rate to be published on a website maintained by the Department of the Minister administering the Monetary Units Act 2004.

S. 8(1)(da) inserted by No. 47/2024 s. 9(2)(c).

(da) the proposed statutory rule would only impose a burden on a public sector body; or

(e) the proposed statutory rule—

(i) only prescribes under section 4(1)(a) an instrument or class of instrument to be a statutory rule; or

(ii) only exempts under section 4(1)(b) an instrument or class of instrument from the operation of this Act; or

(iii) is an extension regulation; or

S. 8(1)(e)(iv) inserted by No. 78/2010 s. 28.

(iv) only prescribes under section 4A(1)(a) an instrument or a class of instrument for the purposes of paragraph (h) of the definition of legislative instrument; or

S. 8(1)(e)(v) inserted by No. 78/2010 s. 28.

(v) only prescribes under section 4A(1)(b) an instrument or a class of instrument to be, or not to be, a legislative instrument or class of legislative instrument for the purposes of this Act or any specified provision or provisions of this Act; or

S. 8(1)(e)(vi) inserted by No. 78/2010 s. 28.

(vi) only exempts under section 4A(1)(c) an instrument or a class of instrument from the operation of this Act or any specified provision of this Act; or

(f) the proposed statutory rule is required under a national uniform legislation scheme and an assessment of costs and benefits has been undertaken under that scheme; or