SUBORDINATE LEGISLATION ACT 1994 - SECT 13 Section 13 certificate

SUBORDINATE LEGISLATION ACT 1994 - SECT 13

    (1)     A proposed statutory rule that is to be made by, or with the consent or approval of, the Governor in Council must be submitted to the Chief Parliamentary Counsel for the issue of a certificate by the Chief Parliamentary Counsel specifying whether the proposed statutory rule—

        (a)     appears to be within the powers conferred by the authorising Act;

        (b)     appears without clear and express authority being conferred by the authorising Act—

              (i)     to have a retrospective effect; or

              (ii)     to impose a tax, fee, fine, imprisonment or other penalty; or

S. 13(1)(b)(iii) amended by No. 78/2010 s. 14(1).

              (iii)     to shift the legal burden of proof to a person accused of an offence; or

              (iv)     to sub-delegate powers delegated by the authorising Act;

        (c)     appears to be consistent with the general objectives of the authorising Act;

        (d)     appears to be consistent with and to achieve the objectives set out in the proposed statutory rule and, if the proposed statutory rule is to amend an existing statutory rule, appears to be consistent with the objectives set out in the existing statutory rule;

        (e)     appears to be inconsistent with principles of justice and fairness;

        (f)     appears significantly or substantially to overlap or conflict with any other statutory rule or legislation;

        (g)     is expressed as clearly and unambiguously as is reasonably possible.

S. 13(2) inserted by No. 78/2010 s. 14(2).

    (2)     The Chief Parliamentary Counsel may qualify a section 13 certificate by specifying that the certificate applies only to the proposed statutory rule and not to any matter contained in a document applied, adopted or incorporated by the statutory rule if—

        (a)     the statutory rule to which the certificate relates makes provision for or in relation to a matter by applying, adopting or incorporating matter contained in a document; and

        (b)     the matter applied, adopted or incorporated is of such a detailed technical nature that the Chief Parliamentary Counsel is not qualified to advise about the matter.

S. 13(3) inserted by No. 78/2010 s. 14(2).

    (3)     A section 13 certificate may specify that the certificate relates to the circumstances as at the date of the certificate.