Exemption certificates—statutory rules
8 Exemption certificates—statutory rules
The responsible Minister may issue an exemption certificate in writing certifying that, in the opinion of the Minister—
the proposed statutory rule would not impose a significant economic or social burden on a sector of the public; or
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 is of a fundamentally declaratory or machinery nature; or
S. 8(1)(d) substituted by No. 47/2024 s. 9(2)(a).
the proposed statutory rule only increases fees in respect of a financial year by an amount not exceeding the annual rate fixed by the Treasurer in accordance with section 5 of the Monetary Units Act 2004; or
Note to s. 8(1)(d) inserted by No. 47/2024 s. 9(2)(b).
Note
See also section 5(8) of the Monetary Units Act 2004, which requires the annual rate to be published on a website maintained by the Department of the Minister administering the Monetary Units Act 2004.
S. 8(1)(da) inserted by No. 47/2024 s. 9(2)(c).
the proposed statutory rule would only impose a burden on a public sector body; or
the proposed statutory rule—
only prescribes under section 4(1)(a) an instrument or class of instrument to be a statutory rule; or
only exempts under section 4(1)(b) an instrument or class of instrument from the operation of this Act; or
is an extension regulation; or
S. 8(1)(e)(iv) inserted by No. 78/2010 s. 28.
only 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
S. 8(1)(e)(v) inserted by No. 78/2010 s. 28.
only 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
S. 8(1)(e)(vi) inserted by No. 78/2010 s. 28.
only exempts under section 4A(1)(c) an instrument or a class of instrument from the operation of this Act or any specified provision of this Act; or
the proposed statutory rule is required under a national uniform legislation scheme and an assessment of costs and benefits has been undertaken under that scheme; or
S. 8(1)(fa) inserted by No. 47/2024 s. 9(2)(d).
the proposed statutory rule—
does not remake (whether with or without amendment) a statutory rule that has already been made under a Premier's exemption certificate; and
is of not more than 12 months duration; and
is necessary to respond to—
a public emergency; or
an urgent public health issue or an urgent public safety issue; or
likely or actual significant damage to the environment, resource sustainability or the economy; or
the proposed statutory rule deals with administration or procedures within or as between—
Departments or declared authorities within the meaning of the Public Administration Act 2004; or
Departments within the meaning of the Parliamentary Administration Act 2005; or
notice of the proposed statutory rule would render the proposed statutory rule ineffective or would unfairly advantage or disadvantage any person likely to be affected by the proposed statutory rule.
For the purposes of subsection (1)(d), in calculating the amount of an increase, the amount is deemed to have been calculated in accordance with subsection (1)(d) if the calculation is made to the nearest whole $1.
An exemption certificate must specify the reasons for the exemption.
S. 9 amended by Nos 24/1996 s. 35, 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 191), 20/2005 s. 52(5), substituted by No. 78/2010 s. 8.
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