Subordinate Legislation Act 1994

The responsible Minister must ensure that a human rights certificate is prepared in respect of a proposed statutory rule, unless the proposed statutory rule is exempted under subsection (3).

A human rights certificate must—

certify whether, in the opinion of the responsible Minister, the proposed statutory rule does or does not limit any human right set out in the Charter of Human Rights and Responsibilities; and

if it certifies that, in the opinion of the responsible Minister, the proposed statutory rule does limit a human right set out in the Charter of Human Rights and Responsibilities, set out—

the nature of the human right limited; and

the importance of the purpose of the limitation; and

the nature and extent of the limitation; and

the relationship between the limitation and its purpose; and

any less restrictive means reasonably available to achieve the purpose that the limitation seeks to achieve.

Subsection (1) does not apply if the responsible Minister certifies in writing that in the Minister's opinion—

the proposed statutory rule is a rule which relates only to a court or tribunal or the procedure, practice or costs of a court or tribunal; or

the proposed statutory rule only—

prescribes under section 4(1)(a) an instrument or class of instrument to be a statutory rule; or

exempts under section 4(1)(b) an instrument or class of instrument from the operation of this Act; or

prescribes under section 4A(1)(a) an instrument or a class of instrument for the purposes of paragraph (h) of the definition of legislative instrument; or

prescribes under section 4A(1)(b) an instrument or a class of instrument to be, or not to be, a legislative instrument or class of legislative instrument for the purposes of this Act or any specified provision or provisions of this Act; or

the proposed statutory rule is an extension regulation.