Subordinate Legislation Act 1989 (NSW)

Subordinate Legislation Act 1989 No 146

An Act relating to the making and staged repeal of subordinate legislation.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Subordinate Legislation Act 1989.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions (1) In this Act— Legislation Review Committee means the committee for the time being constituted under the Legislation Review Act 1987. principal statutory rule means a statutory rule that contains provisions apart from— (a) direct amendments or repeals, and (b) provisions that deal with its citation and commencement. responsible Minister, in connection with a statutory rule, means the Minister administering the Act under which the statutory rule is or is proposed to be made. statutory rule means a regulation, by-law, rule or ordinance— (a) that is made by the Governor, or (b) that is made by a person or body other than the Governor, but is required by law to be approved or confirmed by the Governor, but does not include any instruments specified or described in Schedule 4. (2) In this Act, a reference to a direct amendment is a reference to an amendment that inserts, adds, amends or substitutes matter.

Part 2 Requirements regarding the making of statutory rules

4 Guidelines (1) Before a statutory rule is made, the responsible Minister is required to ensure that, as far as is reasonably practicable, the guidelines set out in Schedule 1 are complied with. (2) This section does not apply to a statutory rule containing matters of a savings or transitional nature (provided the only other provisions contained in the statutory rule are provisions dealing with its citation and commencement).