SUBORDINATE LEGISLATION ACT 1994 - SECT 12F Exemption certificates—legislative instruments

SUBORDINATE LEGISLATION ACT 1994 - SECT 12F

    (1)     The responsible Minister may issue an exemption certificate in writing certifying that, in the opinion of the Minister—

        (a)     the proposed legislative instrument would not impose a significant economic or social burden on a sector of the public; or

        (b)     the proposed legislative instrument is of a fundamentally declaratory or machinery nature; or

        (c)     the proposed legislative instrument only increases fees in respect of a financial year by an amount not exceeding the annual rate approved by the Treasurer in relation to the State Budget for the purposes of section 8; or

        (d)     the proposed legislative instrument would only impose a burden on a public sector body; or

        (e)     the proposed legislative instrument is an order made under the Administrative Arrangements Act 1983 ; or

        (f)     the proposed legislative instrument is required under a national uniform legislation scheme and an assessment of costs and benefits has been undertaken under that scheme; or

        (g)     the proposed legislative instrument is required to undergo, or has undergone, an analytical and consultation process which, in the opinion of the responsible Minister, is equivalent to the process for a regulatory impact statement required under section 12E; or

        (h)     the proposed legislative instrument is of not more than 12 months duration and is necessary to respond to—

              (i)     a public emergency; or

              (ii)     an urgent public health issue or an urgent public safety issue; or

              (iii)     likely or actual significant damage to the environment, resource sustainability or the economy; or

              (i)     the proposed legislative instrument deals with administration or procedures within or as between—

              (i)     Departments or declared authorities within the meaning of the Public Administration Act 2004 ; or

              (ii)     Departments within the meaning of the Parliamentary Administration Act 2005 ; or

        (j)     notice of the proposed legislative instrument would render the proposed legislative instrument ineffective or would unfairly advantage or disadvantage any person likely to be affected by the proposed legislative instrument; or

        (k)     the proposed legislative instrument is made under a statutory rule and the regulatory impact statement for that statutory rule has adequately considered the impact of the proposed legislative instrument.

    (2)     For the purposes of subsection (1)(c), in calculating the amount of an increase the amount is deemed to have been calculated in accordance with subsection (1)(c) if the calculation is made to the nearest whole $1.

    (3)     An exemption certificate must specify the reasons for the exemption.

S. 12G inserted by No. 78/2010 s. 30.