Legislation Act 2003

Chapter 3 - Legislative instruments and notifiable instruments  

Part 1 - Drafting standards and consultation  

SECTION 17   Rule-makers should consult before making legislative instruments  


Before a legislative instrument is made, the rule-maker must be satisfied that there has been undertaken any consultation that is:

(a) considered by the rule-maker to be appropriate; and

(b) reasonably practicable to undertake.

In determining whether any consultation that was undertaken is appropriate, the rule-maker may have regard to any relevant matter, including the extent to which the consultation:

(a) drew on the knowledge of persons having expertise in fields relevant to the proposed instrument; and

(b) ensured that persons likely to be affected by the proposed instrument had an adequate opportunity to comment on its proposed content.

Without limiting, by implication, the form that consultation referred to in subsection (1) might take, such consultation could involve notification, either directly or by advertisement, of bodies that, or of organisations representative of persons who, are likely to be affected by the proposed instrument. Such notification could invite submissions to be made by a specified date or might invite participation in public hearings to be held concerning the proposed instrument.


Under subsection 15J(2) , an explanatory statement relating to a legislative instrument must include a description of consultation undertaken or, if there was no consultation, an explanation for its absence.

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