Legislation Regulation 2003

This regulation is the Legislation Regulation 2003.

The dictionary at the end of this regulation is part of this regulation.

Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation.

For example, the signpost definition ‘notification number, for part 2 (Notification of legislative instruments)—see section 5.’ means that the term ‘notification number’ is defined in section 5 for that part.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this regulation is explanatory and is not part of this regulation.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

In this part:

notification number, for a legislative instrument, means the number allocated to the instrument by the parliamentary counsel under the Act, section 59 (Numbering).

This section sets out requirements about the form of a legislative instrument (other than an approved form) that must be complied with for the parliamentary counsel to notify the making of the instrument.

The legislative instrument must include the following:

a unique name that includes the year when the instrument was made;

the name of the authorising law;

the authorising provision of that law;

the instrument’s notification number;

the name (as signed) and title of each maker of the instrument;

the date the instrument was made.

This section sets out requirements about the form of an approved form that must be complied with for the parliamentary counsel to notify the making of the approved form.

The approved form must—

include the following:

a brief indication of the form’s purpose;

the name of the authorising law;

the authorising provision of that law;

the form’s notification number; and

be accompanied by a written statement that includes—

the name (as signed) and title of the person who approved the form; and

the date the form was approved.

Example—par (a) (i)

an approved form with the heading ‘Application for disposal of a gaming machine’

In addition to complying with subsection (2) (a) (i), the approved form may also be numbered using a system that gives each form under the authorising law a unique number.

Instead of complying with subsection (2) (b), the approved form may include—

the name (as signed) and title of the person who approved the form; and

the date the form was approved.

This section sets out the other requirements that must be complied with for the parliamentary counsel to notify the making of a subordinate law.

The person requesting notification must give the parliamentary counsel a written request for notification that gives—

the information about the person required under subsection (3); and

the information and material required under subsection (4) in relation to the subordinate law.

The information required about the person is as follows:

the person’s name and title;

the person’s administrative unit, court, tribunal or other agency;

the person’s telephone number;

whether the person is making the request as an authorised person for making the request or a delegate.

The information and material required in relation to the subordinate law are as follows:

the name of the subordinate law;

the name of the authorising law;

the authorising provision of that law;

the subordinate law’s notification number;

the name (as signed) and title of—

for a subordinate law made by the Executive—each Minister who signed the subordinate law; or

for any other rules of a court or tribunal—each maker of the rules;

the date the subordinate law was made;

if the draft subordinate law for making was supplied by the parliamentary counsel—

the Parliamentary Counsel’s Office job number of the supplied draft; and

a statement certifying that the text of the subordinate law as made is the same as the text of the supplied draft, or a statement of any changes made to the supplied draft;

if the draft subordinate law for making was not supplied by the parliamentary counsel—

an electronic copy of the subordinate law as made in Microsoft Word or another electronic form approved by the parliamentary counsel; and

a statement certifying that the electronic copy is an exact copy of the text of the subordinate law as made; and

a statement certifying that the subordinate law complies with section 6 or a statement about why the subordinate law should be notified despite the noncompliance; and

whether the subordinate law repeals or amends another instrument and, if so, details that identify the repealed or amended instrument including its name (if any) and notification number (if any);

whether the subordinate law is to be notified as soon as practicable or on a date stated in the request for notification;

details about the commencement date, or proposed commencement date, for the subordinate law.

9 Notification of disallowable instruments, notifiable instruments (other than approved forms) and commencement notices—Act s 61 (2)

This section sets out the other requirements that must be complied with for the parliamentary counsel to notify the making of—

a disallowable instrument; or

a notifiable instrument (other than an approved form); or

a commencement notice.

The person requesting notification must give the parliamentary counsel a written request for notification that gives—

the information about the person required under subsection (3); and

the information and material required under subsection (4) in relation to the instrument.

The information required about the person is as follows:

the person’s name and title;

the person’s administrative unit, court, tribunal or other agency;

the person’s telephone number;

whether the person is making the request as an authorised person for making the request or a delegate.

The information and material required in relation to the instrument are as follows:

the name of the instrument;

whether it is a disallowable instrument, a notifiable instrument or a commencement notice;

the name of the authorising law;

the authorising provision of that law;

the instrument’s notification number;

the name (as signed) and title of—

for an instrument made by the Executive—each Minister who signed the instrument; or

for any other instrument—each maker of the instrument;

the date the instrument was made;

whether the instrument repeals or amends another instrument and, if so, details that identify the repealed or amended instrument including its name (if any) and notification number (if any);

if the instrument is an appointment for a period—the date the appointment period ends;

if the draft instrument for making was supplied by the parliamentary counsel—

the Parliamentary Counsel’s Office job number of the supplied draft; and

a statement certifying that the text of the instrument as made is the same as the text of the supplied draft, or a statement of any changes made to the supplied draft;

if the draft instrument for making was not supplied by the parliamentary counsel—

an electronic copy of the instrument as made in Microsoft Word or another electronic form approved by the parliamentary counsel; and

a statement certifying that the electronic copy is an exact copy of the text of the instrument as made; and

a statement certifying that the instrument complies with section 6 or a statement about why the instrument should be notified despite the noncompliance;

whether the instrument is to be notified as soon as practicable or on a date stated in the request for notification;

details about the commencement date, or proposed commencement date, for the instrument.

This section sets out the other requirements that must be complied with for the parliamentary counsel to notify the making of an approved form.

The person requesting notification must give the parliamentary counsel a written request for notification that gives—

the information about the person required under subsection (3); and

the information and material required under subsection (4) in relation to the approved form.

The information required about the person is as follows:

the person’s name and title;

the person’s administrative unit, court, tribunal or other agency;

the person’s telephone number;

whether the person is making the request as an authorised person for making the request or a delegate.

The information and material required in relation to the approved form are as follows:

a brief indication of the form’s purpose;

the name of the authorising law;

the authorising provision of that law;

the form’s notification number;

the name (as signed) and title of the person who approved the form;

the date the form was approved;

whether the approved form repeals another approved form and, if so, details that identify the repealed form (including its notification number);

if the draft form for approval was supplied by the parliamentary counsel—

the Parliamentary Counsel’s Office job number of the supplied draft; and

a statement certifying that the text of the form as approved is the same as the text of the supplied draft, or a statement of any changes made to the supplied draft;

if the draft form for approval was not supplied by the parliamentary counsel—

an electronic copy of the form as approved in Microsoft Word or another electronic form approved by the parliamentary counsel; and

a statement certifying that the electronic copy is an exact copy of the text of the form as approved; and

a statement certifying that the approved form complies with section 7 or a statement about why the approved form should be notified despite the noncompliance;

whether the approved form is to be notified as soon as practicable or on a date stated in the request for notification;

details about the commencement date, or proposed commencement date, for the approved form.