Legislation Act 2003

An explanatory statement for a legislative instrument is one of the following statements prepared for laying before each House of Parliament:

a statement (an initial explanatory statement) for the instrument that complies with subsection (2);

a statement (a replacement explanatory statement) for the instrument that:

replaces an explanatory statement for the instrument that has already been registered; and

complies with subsection (2);

a statement (a supplementary explanatory statement) for the instrument that:

amends an initial explanatory statement or a replacement explanatory statement; and

complies with subsection (3).

An initial explanatory statement, or a replacement explanatory statement, for a legislative instrument must:

be approved by the rule‑maker; and

explain the purpose and operation of the instrument; and

if any documents are incorporated in the instrument by reference—contain a description of the incorporated documents and indicate how they may be obtained; and

if consultation was undertaken under section 17 before the instrument was made—contain a description of the nature of that consultation; and

if no such consultation was undertaken—explain why no such consultation was undertaken; and

if the instrument is a disallowable legislative instrument—contain a statement of compatibility prepared under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011; and

contain such other information as is prescribed by regulation.

A supplementary explanatory statement for a legislative instrument must:

be approved by the rule‑maker; and

contain such other information as is prescribed by regulation.

A single explanatory statement may relate to one or more legislative instruments.