Part 8Consequential and transitional provisions

Part 8—Consequential and transitional provisions 33 Repeal of Subordinate Legislation Act 1962 S. 33(1) repealed by No. 78/2010 s. 21(1). * * * * * (2) Any reference in any Act, regulation, local law, subordinate instrument or other document whatsoever to the **Subordinate Legislation Act 1962** is to be construed as a reference to the **Subordinate Legislation Act 1994**, unless the contrary intention appears. (3) Without limiting subsection (2), a reference to section 5, 6 or 6A of the **Subordinate Legislation Act 1962** is to be construed as a reference to section 15, 22 and 23 or 24 respectively of this Act. S. 34 repealed by No. 78/2010 s. 21(2). * * * * * S. 35 repealed by No. 74/2000 s. 3(Sch. 1 item 120.2), new s. 35 inserted by No. 78/2010 s. 22. 35 Transitional provisions—Part 2 of Subordinate Legislation Amendment Act 2010 (1) An exception certificate issued under section 8 as in force immediately before 1 January 2011 is to be taken, on and from 1 January 2011, to be an exemption certificate issued on the equivalent ground under section 8 as substituted by Part 2 of the **Subordinate Legislation Amendment Act 2010**. (2) An exemption certificate issued under section 9 as in force immediately before 1 January 2011 is to be taken, on and from 1 January 2011, to be an exemption certificate issued on the equivalent ground under section 8 as substituted by Part 2 of the **Subordinate Legislation Amendment Act 2010**. (3) A Premier's certificate issued under section 9(3) as in force immediately before 1 January 2011— (a) is to be taken, on and from 1 January 2011, to be an exemption certificate issued by the Premier under section 9 as substituted by Part 2 of the **Subordinate Legislation Amendment Act 2010**; and (b) has full force and effect despite not being accompanied by the Minister's written reasons under section 9(2)(b) or not including the reason for the exemption under section 9(3)(a). (4) If a statutory rule has been made before 1 January 2011 but section 15 as in force immediately before 1 January 2011 has not been complied with before that date— (a) section 15 as amended by Part 2 of the **Subordinate Legislation Amendment Act 2010** and section 15A must be complied with; and (b) for that purpose, any certificate or other documentation required by this Act which was prepared before 1 January 2011 is taken to comply with this Act as amended. (5) If, before 1 January 2011, a regulatory impact statement has been prepared in accordance with Part 2 as in force immediately before 1 January 2011 for a proposed statutory rule but that statutory rule is not made before 1 January 2011, the regulatory impact statement prepared in accordance with Part 2 as in force immediately before 1 January 2011 is taken to comply with this Act as amended by Part 2 of the **Subordinate Legislation Amendment Act 2010** for the purposes of the statutory rule to which it relates. S. 36 repealed by No. 74/2000 s. 3(Sch. 1 item 120.2), new s. 36 inserted by No. 78/2010 s. 40, repealed by No. 47/2024 s. 24. * * * * * Schedules Sch. 1 amended by No. 78/2010 ss 23, 38. Schedule 1––Matters to be included in guidelines 1. Guidelines as to the types of matters appropriate for inclusion in statutory rules or legislative instruments rather than in Acts or in instruments which are not of a legislative character. 2. Guidelines as to alternative means of achieving the objectives sought to be achieved by a proposed statutory rule or legislative instrument such as self regulation or voluntary codes of conduct. 3. Guidelines as to the appropriate cases in which a proposed statutory rule or legislative instrument should set performance standards rather than prescribing detailed requirements. 4. Guidelines as to procedures to be adopted to ensure that— (a) the need for a proposed statutory rule or legislative instrument can be justified; (b) the objectives of a proposed statutory rule or legislative instrument are formulated and included in any proposed statutory rule or legislative instrument. 5. Guidelines as to the procedures to be adopted to ensure that— (a) an agency preparing or considering a proposed statutory rule or legislative instrument identifies and consults any other agency relevant to the subject matter of the proposed statutory rule or legislative instrument; (b) where appropriate, independent advice is obtained as to the nature and content of the proposed statutory rule or legislative instrument; (c) proper consultation takes place with any sector of business or the public which may be affected by the proposed statutory rule or legislative instrument; (d) proper consultation takes place in circumstances where consultation is required under section 6. 6. Guidelines as to circumstances in which a statutory rule or legislative instrument imposes a significant economic or social burden on a sector of the public. 7. Guidelines as to the application, adoption or incorporation of matter in a statutory rule or legislative instrument. 8. Guidelines as to the style and language to be used in drafting statutory rules or legislative instruments. 9. Guidelines as to the printing and submission of statutory rules to the Governor in Council. 10. Guidelines as to the printing and submission of legislative instruments to the Governor in Council or other instrument maker. 11. Guidelines as to the provision of statutory rules and legislative instruments to the Scrutiny Committee. 12. Guidelines as to determining whether an instrument is a legislative instrument. 13. Guidelines relating to certificates under Part 2 and Part 2A. Sch. 2 repealed by No. 74/2000 s. 3(Sch. 1 item 120.3). * * * * * Endnotes