Subordinate Laws Amendment Act 2000 (ACT)
AUSTRALIAN CAPITAL TERRITORY
Subordinate Laws Amendment Act 2000
No 71 of 2000
CONTENTS
Section
Part 1—preliminary
1............ Name of Act
2............ Commencement
Part 2—amendments of subordinate laws act
3............ Act amended by pt 2 and sch 1
4............ Insertion—
Part 3—REGULATORY IMPACT STATEMENTS
Division 3.1—Preliminary
9A........ Definitions for pt 3
9B........ Other publication or consultation requirements not
affected9C........ Guidelines about costs of proposed subordinate laws
Division 3.2—Requirements for regulatory impact statements
9D........ Preparation of regulatory impact statements
9E........ Content of regulatory impact statements
9F........ When is preparation of a regulatory impact statement unnecessary?
9G........ When must a regulatory impact statement be tabled?
Division 3.3—Failure to comply with requirements for
regulatory impact statements9H........ Effect of failure to comply with div 3.2
Part 3—Amendment of other acts
5............ Amendment of other Acts—sch 2
SCHEDULE 1
additional amendments
SCHEDULE 2
amendment of other acts
AUSTRALIAN CAPITAL TERRITORY
Subordinate Laws Amendment Act 2000
No 71 of 2000
An Act to amend the Subordinate Laws Act 1989 to provide for regulatory impact statements, and for other purposes
[Notified in ACT Gazette S69: 21 December 2000]
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Part 1—preliminary
Name of Act
This Act is the Subordinate Laws Amendment Act 2000.
Commencement
This Act commences on a day fixed by the Minister by notice in the Gazette.
Note 1 The provisions of an Act providing for its name and commencement automatically commence on the date of notification of the Act (see Interpretation Act 1967, s 10B).
Note 2 A single day or time may be fixed, or different days or times may be fixed for different provisions (see Interpretation Act 1967, s 10C (1)).
Note 3 If a provision has not commenced within 6 months beginning on the date of notification of the Act, it automatically commences on the first day after that period (see Interpretation Act 1967, s 10E (2)).
Part 2—amendments of subordinate laws act
Act amended by pt 2 and sch 1
This Part and Schedule 1 amend the Subordinate Laws Act 1989.
Insertion
After section 9 the following Part is inserted:
“Part 3—REGULATORY IMPACT STATEMENTS
“Division 3.1—Preliminary
“9A Definitions for pt 3
In this Part:
authorising law, in relation to a proposed subordinate law, means the Act or subordinate law (and, if appropriate, the provision of the Act or subordinate law) under which the proposed law will be made.
benefits includes—
(a)advantages; and
(b)direct and indirect economic, environmental and social benefits.
costs includes—
(a)burdens and disadvantages; and
(b)direct and indirect economic, environmental and social costs.
scrutiny committee principles means the terms of reference of the Legislative Assembly’s Standing Committee on Justice and Community Safety that apply to a subordinate law.
“9B Other publication or consultation requirements not affected
“(1) Division 3.2 (Requirements for regulatory impact statements) does not affect any requirements in any other Territory law for publication or consultation about a proposal to make a subordinate law.
“(2) Division 3.2 does not apply to the subordinate law if the requirements are of a comparable level to publication and consultation under the Division.
“9C Guidelines about costs of proposed subordinate laws
“(1) The Minister may issue guidelines to be applied in deciding whether a proposed subordinate law is, or is not, likely to impose appreciable costs on the community or a part of the community.
“(2) Guidelines issued under this section are a disallowable instrument.
“(3) The Minister must issue guidelines under subsection (1) within 6 months of the commencement of this section.
“(4) Subsection (3) and this subsection cease to have effect 6 months after the commencement of this section.
“Division 3.2—Requirements for regulatory impact statements
“9D Preparation of regulatory impact statements
“(1) If a proposed subordinate law is likely to impose appreciable costs on the community, or a part of the community, then, before the proposed law is made, the Minister administering the authorising law (the administering Minister) must arrange for a regulatory impact statement to be prepared for the proposed law.
“(2) However, this section does not apply to a proposed subordinate law if the administering Minister, by written instrument (the RIS exemption instrument), exempts the proposed law from subsection (1).
Note Sections 9B and 9F also state other circumstances when a regulatory impact statement is not required.
“(3) The RIS exemption instrument is a disallowable instrument.
“(4) If the RIS exemption instrument is disallowed under this Act after the subordinate law has been made in whole or in part, the administering Minister must arrange for a regulatory impact statement to be prepared for the law.
“(5) The regulatory impact statement prepared under subsection (4) must be laid before the Legislative Assembly within 15 sitting days after the disallowance of the RIS exemption instrument.
“(6) This Part (other than section 9G (When must a regulatory impact statement be tabled?)) applies to the subordinate law as if the law were a proposed subordinate law.
“9E Content of regulatory impact statements
A regulatory impact statement for a proposed subordinate law must include the following information about the proposed law in clear and precise language:
(a)the authorising law;
(b)a brief statement of the policy objectives of the proposed law and the reasons for them;
(c)a brief statement of the way the policy objectives will be achieved by the proposed law and why this way of achieving them is reasonable and appropriate;
(d)a brief explanation of how the proposed law is consistent with the policy objectives of the authorising law;
(e)if the proposed law is inconsistent with the policy objectives of other legislation—
(i)a brief explanation of the relationship with the other legislation; and
(ii)a brief explanation for the inconsistency;
(f)if appropriate, a brief statement of any reasonable alternative way of achieving the policy objectives (including the option of not making a subordinate law) and why the alternative was rejected;
(g)a brief assessment of the benefits and costs of implementing the proposed law that—
(i)if practicable and appropriate, quantifies the benefits and costs; and
(ii)includes a comparison of the benefits and costs with the benefits and costs of any reasonable alternative way of achieving the policy objectives stated under paragraph (f);
(h)a brief assessment of the consistency of the proposed law with the scrutiny committee principles and, if it is inconsistent with the principles, the reasons for the inconsistency.
“9F When is preparation of a regulatory impact statement unnecessary?
“(1) A regulatory impact statement need not be prepared for a proposed subordinate law if the proposed law only provides for, or to the extent it only provides for, the following:
(a)a matter that is not of a legislative nature, including, for example, a matter of a machinery, administrative, drafting or formal nature;
(b)a matter that does not operate to the disadvantage of any person (other than the Territory or a Territory authority) by—
(i)decreasing the person’s rights; or
(ii)imposing liabilities on the person;
(c)an amendment of a subordinate law to take account of current ACT legislative drafting practice;
(d)the commencement of an Act or a subordinate law or a provision of an Act or a subordinate law;
(e)an amendment of a subordinate law that does not fundamentally affect the law’s application or operation;
(f)a matter of a transitional character;
(g)a matter arising under a Territory law that is substantially uniform or complementary with legislation of the Commonwealth or a State;
(h)a matter involving the adoption of an Australian or international protocol, standard, code, or intergovernmental agreement or instrument, if an assessment of the benefits and costs has already been made and the assessment was made for, or is relevant to, the ACT;
(i)a proposal to make rules of court;
(j)a matter advance notice of which would enable someone to gain unfair advantage;
(k)an amendment of a fee, charge or tax consistent with announced government policy.
“(2) A regulatory impact statement also need not be prepared for a proposed subordinate law if, or to the extent, it would be against the public interest because of the nature of the proposed law or the circumstances in which it is made.
Example
The subordinate law may need to be made urgently for controlling the spread of a disease or dealing with another urgent situation.
Note Sections 9B and 9D also state other circumstances when a regulatory impact statement is not required.
“9G When must a regulatory impact statement be tabled?
“(1) This section applies if a regulatory impact statement for a proposed subordinate law has been prepared and the proposed law is made in whole or part.
“(2) The statement must be laid before the Legislative Assembly with the subordinate law.
“
Division 3.3—Failure to comply with requirements for
regulatory impact statements
“9H Effect of failure to comply with div 3.2
“(1) Failure to comply with Division 3.2 (Requirements for regulatory impact statements) in relation to a subordinate law does not—
(a)affect the law’s validity; or
(b)create rights or impose legally enforceable obligations on the Territory, a Minister or anyone else.
“(2) In addition, a decision made, or appearing to be made, under Division 3.2 is final and conclusive.
“(3) In this section:
decision includes—
(a)conduct engaged in to make a decision; and
(b)conduct related to making a decision; and
(c)failure to make a decision.”.
Part 3—Amendment of other acts
Amendment of other Acts—sch 2
Schedule 2 amends the Acts mentioned in that Schedule.
SCHEDULE 1(See s 3)
additional amendments
[1.1] Title—
Omit the title, substitute the following title:
“An Act about subordinate laws and for other purposes related to legislation”.
[1.2] New Part heading—
Before section 1 insert the following Part heading:
“Part 1—Preliminary”.
[1.3] Substitution—
Repeal section 2, substitute the following section and Part heading:
“2 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See Interpretation Act 1967, s 12 (1), (4) and (5) for the legal status of notes.
“Part 2—provisions about subordinate laws”.
[1.4] New Part heading—
Before section 10 insert the following Part heading:
“Part 4—disallowable instruments”.
[1.5] New Part heading—
After section 10 insert the following Part heading:
“Part 5—transitional”.
SCHEDULE 2(See s 5)
amendment of other acts
Administrative Decisions (Judicial Review) Act 1989
[2.1] Schedule 1—
Omit “This Act does not apply to decisions made under Part 4 of the Electoral Act 1992.”, substitute the following:
“This Act does not apply to decisions made under—
(a)the Electoral Act 1992, Part 4 (Electorates); and
(b)the Subordinate Laws Act 1989, Part 3 (Regulatory impact statements).”
Ombudsman Act 1989
[2.2] Addition—
After paragraph 5 (2) (e), insert the following paragraph:
“(ea)action taken, or not taken, under Division 3.2 (Requirements for regulatory impact statements) of the Subordinate Laws Act 1989; or”.
Endnote
Act amended
Republished as in force on 1 March 2000 (Republication No 3).
[Presentation speech made in Assembly on 6 September 2000]
© Australian Capital Territory 2000
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