New South Wales Consolidated Acts

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SUBORDINATE LEGISLATION ACT 1989 - SCHEDULE 1

SCHEDULE 1 – Guidelines for the preparation of statutory rules

(Section 4)

1

Wherever costs and benefits are referred to in these guidelines, economic and social costs and benefits are to be taken into account and given due consideration.

2

Before a statutory rule is proposed to be made--

(a) The objectives sought to be achieved and the reasons for them must be clearly formulated.
(b) Those objectives are to be checked to ensure that they--
• are reasonable and appropriate, and
• accord with the objectives, principles, spirit and intent of the enabling Act, and
• are not inconsistent with the objectives of other Acts, statutory rules and stated government policies.
(c) Alternative options for achieving those objectives (whether wholly or substantially), and the option of not proceeding with any action, must be considered.
(d) An evaluation must be made of the costs and benefits expected to arise from each such option as compared with the costs and benefits (direct and indirect, and tangible and intangible) expected to arise from proceeding with the statutory rule.
(e) If the statutory rule would impinge on or may affect the area of responsibility of another authority, consultation must take place with a view to ensuring in advance that (as far as is reasonably practicable in the circumstances)--
• any differences are reconciled, and
• there will be no overlapping of or duplication of or conflict with Acts, statutory rules or stated government policies administered by the other authority.

3

In determining whether and how the objectives should be achieved, the responsible Minister is to have regard to the following principles--

(a) Administrative decisions should be based on adequate information and consultation concerning the need for and consequences of the proposed action.
(b) Implementation by means of a statutory rule should not normally be undertaken unless the anticipated benefits to the community from the proposed statutory rule outweigh the anticipated costs to the community, bearing in mind the impact of the proposal on the economy and on consumers, members of the public, relevant interest groups, and any sector of industry and commerce, that may be affected.
(c) The alternative option that involves the greatest net benefit or the least net cost to the community should normally be chosen from the range of alternative options available to achieve the objectives.

4

A statutory rule must be expressed plainly and unambiguously, and consistently with the language of the enabling Act.



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