Subordinate Legislation Act 1989 (NSW)

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An Act relating to the making and staged repeal of subordinate legislation.

Part 1Preliminary1Name of Act

This Act may be cited as the Subordinate Legislation Act 1989.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Definitions(1)

In this Act—

Legislation Review Committee means the committee for the time being constituted under the Legislation Review Act 1987.

principal statutory rule means a statutory rule that contains provisions apart from—

  • (a)

    direct amendments or repeals, and

  • (b)

    provisions that deal with its citation and commencement.

responsible Minister, in connection with a statutory rule, means the Minister administering the Act under which the statutory rule is or is proposed to be made.

statutory rule means a regulation, by-law, rule or ordinance—

  • (a)

    that is made by the Governor, or

  • (b)

    that is made by a person or body other than the Governor, but is required by law to be approved or confirmed by the Governor,

but does not include any instruments specified or described in Schedule 4.

(2)

In this Act, a reference to a direct amendment is a reference to an amendment that inserts, adds, amends or substitutes matter.

s 3: Am 2002 No 77, Sch 2.2 [1] [2].

Part 2Requirements regarding the making of statutory rules4Guidelines(1)

Before a statutory rule is made, the responsible Minister is required to ensure that, as far as is reasonably practicable, the guidelines set out in Schedule 1 are complied with.

(2)

This section does not apply to a statutory rule containing matters of a savings or transitional nature (provided the only other provisions contained in the statutory rule are provisions dealing with its citation and commencement).

s 4: Am 2010 No 59, Sch 1.26 [1].

5Regulatory impact statements(1)

Before a principal statutory rule is made, the responsible Minister is required to ensure that, as far as is reasonably practicable, a regulatory impact statement complying with Schedule 2 is prepared in connection with the substantive matters to be dealt with by the statutory rule.

(2)

Before a principal statutory rule is made, the responsible Minister is required to ensure that, as far as is reasonably practicable, the following provisions are complied with—

  • (a)

    A notice is to be published in the Gazette and in a daily newspaper circulating throughout New South Wales and, where appropriate, in any relevant trade, professional, business or public interest journal or publication—

    • (i)

      stating the objects of the proposed statutory rule, and

    • (ii)

      advising where a copy of the regulatory impact statement may be obtained or inspected, and

    • (iii)

      advising whether, and (if so) where, a copy of the proposed statutory rule may be obtained or inspected, and

    • (iv)

      inviting comments and submissions within a specified time, but not less than 21 days from publication of the notice.

  • (b)

    Consultation is to take place with appropriate representatives of consumers, the public, relevant interest groups, and any sector of industry or…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.