This Memorandum explains arrangements for statutory rules (including regulations) due for staged repeal under the Subordinate Legislation Act 1989 on 1 September each year. It replaces Premier's Memorandum No.97-30. Under the program of staged repeal, 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 and each year writes to those agencies with regulations due for repeal on 1 September in the following year, requesting notification by 1 December 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.

Requests for postponement
Requests for postponement of the repeal of regulations should be made to me by the Minister within whose administration the regulation falls by 31 January in the year of its automatic repeal. It will be expected that regulations not identified as justifying postponement by that date will be re-made or allowed to lapse. 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. A copy of the request should be sent to the Parliamentary Counsel.

Notice to Regulation Review Committee
Section 11(4) of the Subordinate Legislation Act 1989 stipulates that the Regulation Review Committee is to be given at lease one month's notice of the Minister's intention before the repeal of a regulation can be postponed on a third, fourth or fifth occasion. Ministers are requested to ensure that the Committee is advised of proposed postponements as early as possible. A copy of the notice to the Committee should accompany the request for postponement.

Exceptional circumstances required for postponement
Requests for postponement must stipulate the number of previous postponements and demonstrate that exceptional circumstances exist. Requests should be supported by a proposed timetable detailing dates for Ministerial and Cabinet approval; release of exposure drafts; preparation and advertisement of the regulatory impact statement; the conduct of public consultation and a proposed commencement date.

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

1. Cabinet has approved a review, including a National Competition Policy review, of either the principal legislation and/or the regulations themselves. (Please note, where Cabinet has endorsed a review of legislation that extends over several years, agencies will still be required to seek any necessary postponements on a year by year basis).
2. 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 well within the 12 months extension.
3. The principal legislation or the regulations themselves or both, are the subject of a national review of legislation, and the timetable for replacement regulations does not extend beyond 1 September in the following year.

Other review regimes
The fact that reviews of legislation and associated regulations are required under a number of review regimes (including Competition Policy) will be considered during the assessment of the requests for postponement. However, Ministers are requested to co-ordinate the conduct of those reviews to avoid, as far as possible, unnecessary duplication.

Advice to The Cabinet Office of replacement regulations
Draft replacement 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.

Bob Carr
Premier