SUBORDINATE LEGISLATION ACT 1994 - SECT 25A Review of legislative instruments by the Scrutiny Committee

SUBORDINATE LEGISLATION ACT 1994 - SECT 25A

    (1)     The Scrutiny Committee may report to each House of the Parliament if the Scrutiny Committee considers that any legislative instrument laid before Parliament—

        (a)     does not appear to be within the powers conferred by the authorising Act or the statutory rule under which it is made;

        (b)     without clear and express authority being conferred by the authorising Act or the statutory rule under which it is made—

              (i)     has a retrospective effect; or

              (ii)     imposes any tax, fee, fine, imprisonment or other penalty; or

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

              (iv)     provides for the subdelegation of powers delegated by the authorising Act or the statutory rule under which it is made;

        (c)     is incompatible with the human rights set out in the Charter of Human Rights and Responsibilities;

        (d)     has been prepared in contravention of any of the provisions of this Act or of the guidelines with respect to legislative instruments and the contravention is of a substantial or material nature.

    (2)     A report of the Scrutiny Committee under this section may contain any recommendations that the Scrutiny Committee considers appropriate, including a recommendation that a legislative instrument should be—

        (a)     disallowed in whole or in part; or

        (b)     amended as suggested in the report.

S. 25B inserted by No. 78/2010 s. 34.