Commonwealth Consolidated Acts

LEGISLATIVE INSTRUMENTS ACT 2003 - SECT 17

             (1)  Before a rule‑maker makes a legislative instrument, and particularly where the proposed instrument is likely to:

                     (a)  have a direct, or a substantial indirect, effect on business; or

                     (b)  restrict competition;

the rule‑maker must be satisfied that any consultation that is considered by the rule‑maker to be appropriate and that is reasonably practicable to undertake, has been undertaken.

             (2)  In determining whether any consultation that was undertaken is appropriate, the rule‑maker may have regard to any relevant matter, including the extent to which the consultation:

                     (a)  drew on the knowledge of persons having expertise in fields relevant to the proposed instrument; and

                     (b)  ensured that persons likely to be affected by the proposed instrument had an adequate opportunity to comment on its proposed content.

             (3)  Without limiting, by implication, the form that consultation referred to in subsection (1) might take, such consultation could involve notification, either directly or by advertisement, of bodies that, or of organisations representative of persons who, are likely to be affected by the proposed instrument. Such notification could invite submissions to be made by a specified date or might invite participation in public hearings to be held concerning the proposed instrument.

Note:          The definition of explanatory statement in subsection 4(1) requires that the explanatory statement prepared in respect of each legislative instrument include a description of consultation undertaken or, if there was no consultation, an explanation for its absence.