Premier & Cabinet

Type:
Premier's Memorandum
Identifier:
M1997-30
Status:
Archived

M1997-30 Staged Repeal of Statutory Rules

Description

This Memorandum has superseded M2011-04, M2010-15, M2010-14, M2010-10, M2010-09, M2010-05, M2010-04, M2009-21, M2009-18, M2009-14, M2009-06, M2009-08, M2008-25, M2008-19, M2008-16, M2008-12, M2008-11, M2008-03, M2007-19, M2007-11, M2007-09, M2007-06, M2007-03, M2006-14, M2006-07, M2005-15, M2005-11, M2005-01, M2004-07, M2002-23, M2002-20, M2002-01, M2001-15, M2001-06, M2000-13, M1999-20, M1998-40, M1998-05, M1998-04, M1998-03, M1997-30, M1997-25, M1997-23, M1997-21, M1997-17, M1996-24, M1990-29 and M1990-06. replaces Premier's Memorandum No. 96-26

Detailed Outline

This Memorandum explains arrangements for statutory rules due for staged repeal on 1 September 1998. It replaces Premier's Memorandum No. 96-26.

As you will be aware, the Subordinate Legislation Act 1989 provides for the staged repeal of regulations on 1 September of each year. Regulations which are due for repeal may

(i) be re-made with major or minor amendments; (ii) be allowed to lapse; or (iii) have their repeal postponed.

Advice to the Parliamentary Counsel

Parliamentary Counsel's Office co-ordinates the staged repeal program. The Parliamentary Counsel has written to those agencies with regulations due for repeal on 1 September 1998, requesting notification by 1 December 1997 of their Minister's intentions with respect to those regulations. Ministers are requested to ensure that the Parliamentary Counsel receives the requested advice (including drafting instructions for replacement instruments) by that date.

As in past years, requests for postponement of the repeal of regulations should be made by the Minister within whose administration the regulation falls, and should be directed to me through the Parliamentary Counsel's Office.

Requests for postponement

Requests for postponement must demonstrate that exceptional circumstances exist which justify postponing the repeal of a regulation, and provide a proposed timetable for the repeal and replacement of the regulation.

The proposed timetable should include proposed dates for Ministerial and Cabinet approval; release of exposure drafts; preparation and advertisement of regulatory impact statements and objects of the proposed regulation; public consultation; and a proposed commencement date.

Generally, consideration will only be given to requests for postponement where:

  • Cabinet has endorsed a review, including a National Competition Policy review, of either the principal legislation and/or the regulations themselves. (Please note, where Cabinet has approved a review of legislation which extends over several years, agencies will still be required to seek any necessary postponements on a year by year basis).
  • The regulations to be reviewed are particularly lengthy and complex. In this case, postponement will be considered only where the proposed timetable for review will allow new regulations to be in place by 1 September 1999 at the latest.
  • The principal legislation, and/or the regulations themselves, are the subject of a national review of legislation, and the timetable for replacement regulations does not extend beyond 1 September 1999.

Other review regimes

As you will be aware, under the National Competition Policy Agreement, a review of legislation and associated regulations that restrict competition is currently being undertaken. Premier's Memorandum No.92-10 also requires that new principal legislation contain a clause requiring the responsible Minister, 5 years after the date of assent, to review the act to ensure that the objects of the Act remain valid and the form of the legislation remains appropriate to achieve those objectives.

The fact that reviews of legislation and associated regulations are required under a number of review regimes will be considered during the assessment of the requests for postponement of the automatic repeal of regulations under the Subordinate Legislation Act 1989. However, Ministers are requested to co-ordinate the conduct of those reviews to avoid, as far as possible, unnecessary duplication.

Notice to Regulation Review Committee of proposed postponements

Section 11(4) of the Subordinate Legislation Act 1989 provides that the Regulation Review Committee must be given at least one month's notice before the repeal of a regulation can be postponed on a third, fourth or fifth occasion.

Ministers are requested to ensure that the Regulation Review Committee is advised of proposed postponements as early as possible, to allow the committee sufficient time to consider the circumstances of the postponement.

Advice to The Cabinet Office of Replacement Regulations

Draft regulations, together with the regulatory impact statements (where relevant) should be submitted to the relevant policy branch of The Cabinet Office as soon as they have been settled with the parliamentary Counsel, to enable sufficient time for consideration before they are formally submitted to the Governor.

Repeals which have been postponed on five previous occasions

Where regulations due for repeal have already been postponed on five previous occasions, it is not possible for further postponements to be granted under the Subordinate Legislation Act 1989.

Ministers are requested to ensure that these impending repeals do not cause a regulatory vacuum. To this end, please advise me, by the end of January 1997 at the latest, of your plans in relation to remaking these regulations.

Bob Carr
Premier

Overview

Compliance

Not Mandatory

AR Details

Date Issued
Nov 27, 1997
Review Date
Jul 5, 2016
Replaces
Replaced By

Contacts

Contact
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Phone
02 9228 5555
Publishing Entity
Department of Premier and Cabinet
Issuing Entity
Department of Premier and Cabinet