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LEGISLATIVE INSTRUMENTS ACT 2003 - SECT 16

Measures to achieve high drafting standards for legislative instruments

             (1)  To encourage high standards in the drafting of legislative instruments, the Secretary must cause steps to be taken to promote the legal effectiveness, clarity, and intelligibility to anticipated users, of legislative instruments.

             (2)  The steps referred to in subsection (1) may include, but are not limited to:

                     (a)  undertaking or supervising the drafting of legislative instruments; and

                     (b)  scrutinising preliminary drafts of legislative instruments; and

                     (c)  providing advice concerning the drafting of legislative instruments; and

                     (d)  providing training in drafting and matters related to drafting to officers and employees of other Departments or agencies; and

                     (e)  arranging the temporary secondment to other Departments or agencies of APS employees performing duties in the Department; and

                      (f)  providing drafting precedents to officers and employees of other Departments or agencies.

             (3)  The Secretary must also cause steps to be taken:

                     (a)  to prevent the inappropriate use of gender‑specific language in legislative instruments; and

                     (b)  to advise rule‑makers of legislative instruments that have already been made if those legislative instruments make inappropriate use of such language; and

                     (c)  to notify both Houses of the Parliament about any occasion when a rule‑maker is advised under paragraph (b).


 

   



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