Legislation Act 2003
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Hide history noteDefinition of explanatory statement
(1)
An explanatory statement for a legislative instrument is one of the following statements prepared for laying before each House of Parliament:
(a) a statement (an initial explanatory statement ) for the instrument that complies with subsection (2);
(b) a statement (a replacement explanatory statement ) for the instrument that:
(i) replaces an explanatory statement for the instrument that has already been registered; and
(ii) complies with subsection (2);
(c) a statement (a supplementary explanatory statement ) for the instrument that:
(i) amends an initial explanatory statement or a replacement explanatory statement; and
(ii) complies with subsection (3).
Requirements for initial and replacement explanatory statements
(2)
An initial explanatory statement, or a replacement explanatory statement, for a legislative instrument must:
(a) be approved by the rule-maker; and
(b) explain the purpose and operation of the instrument; and
(c) if any documents are incorporated in the instrument by reference - contain a description of the incorporated documents and indicate how they may be obtained; and
(d) if consultation was undertaken under section 17 before the instrument was made - contain a description of the nature of that consultation; and
(e) if no such consultation was undertaken - explain why no such consultation was undertaken; and
(f) if the instrument is a disallowable legislative instrument - contain a statement of compatibility prepared under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 ; and
(fa) (Repealed by No 55 of 2017)
(g) contain such other information as is prescribed by regulation.
[ CCH Note: S 15J(2) will be amended by No 55 of 2017, s 3 and Sch 1 item 21, by inserting para (fa) after para (f), effective after the commencement of the Superannuation (Objective) Act 2017 . However, the provision does not occur if the Act will not commence at all. Para (fa) will read:
]
(fa) if the instrument is a regulation relating to superannuation (other than a regulation to which section 7 of the Superannuation (Objective) Act 2017 does not apply) - contain a statement of compatibility prepared under subsection 7(1) of that Act; and
Requirements for supplementary explanatory statements
(3)
A supplementary explanatory statement for a legislative instrument must:
(a) be approved by the rule-maker; and
(b) contain such other information as is prescribed by regulation.
Single explanatory statements - one or more legislative instruments
(4)
A single explanatory statement may relate to one or more legislative instruments.
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