New South Wales Consolidated Acts

SUBORDINATE LEGISLATION ACT 1989 - SECT 6

6 Regulatory impact statements not necessary in certain cases

(1) It is not necessary to comply with section 5 to the extent that--

(a) the responsible Minister certifies in writing that, on the advice of the Attorney General or the Parliamentary Counsel, the proposed statutory rule comprises or relates to matters set out in Schedule 3, or

(b) the Minister administering this Act (or a Minister for the time being nominated by the Minister administering this Act for the purpose) certifies in writing that, in his or her opinion in the special circumstances of the case, the public interest requires that the proposed statutory rule should be made without complying with section 5, or

(c) the responsible Minister certifies in writing that--

(i) the proposed statutory rule has been or is to be made by a person or body (other than the Governor) who or which is not expressly subject to the control or direction of the responsible Minister, and

(ii) it was not practicable, in the circumstances of the case, for the responsible Minister to comply with section 5.

(2) If a statutory rule is made in the circumstances mentioned in subsection (1) (b), the responsible Minister is required to ensure that the relevant requirements of section 5 (with any necessary adaptations) are complied with within 4 months after the statutory rule is made.

(3) A certificate under this section may relate to either or both of the following--

(a) all or any specified requirements of section 5,

(b) all or any specified aspects of the statutory rule concerned.