Responsible Minister certifies that Governorin Council When proposed Certificate of RIS requirements relating to RIS and (via Clerk of the statutory rule is compliance guidelines have been met, and RIS Executive Council) submitted to the section 10(4) or 12H adequately assesses the likely impact Governor in Council or of the proposed statutory rule or SARC (submitted Within 10 working Certificate of RIS legislative instrument. along with copy of days of the making exemption Where a certificate of RIS exemption RIS) of the rule or sections 8, 9, 12F is issued under section 8 or 12F, the instrument* or 12G responsible Minister certifies that the Parliament When rule or NB Under proposed rule/instrument meets the instrument is laid section 12B and 12K, conditions for exemption from the before Parliament Minister’s RIS process, as specified in the Act. (on or before the certificates under Where a certificate is issued under 6th sitting day after section 10(4) or 12H section 9 or 12G, the Premier gazettal) can be made as a certifies that it is in the public ‘composite interest that the rule/instrument be certificate’ combined exempt from the RIS process. with any certificates made under section 6, 6A or 12C of the Act. Commissioner’s Copy of the Commissioner’s SARC As soon as assessment of RIS independent assessment of the practicable after the RIS has been adequacy of the RIS statutory rule or prepared) legislative Required instrument is made. Guidelines made under section 26 Copies of all public SARC and the Within 10 working Copies of all public comments and comments/submissions received Commissioner days of the making during consultation period after RIS of the rule or submissions on RIS (where RIS has been is published, and the response to the instrument prepared) comments by the relevant body section 15A(1)(c) and section 16C Continued on next page Chief Parliamentary Issued Counsel by Chief issues a When proposed Chief Parliamentary certificate having Parliamentary regard to the statutory rule is Counsel certificate matters listed in Counsel Section 13 and of the Act submitted to the section 13† (which relate to submitted the legality to and Governor in Council effectiveness of the Governorin proposed Council rules) Request for a (via Clerk of the section 13 Executive Council) certificate must be made at least two weeks before the date on which it is proposed to submit the statutory rule to the Minister for recommendation
Certificate of RIS compliance section 10(4) or 12H or Certificate of RIS exemption sections 8, 9, 12F or 12G NB Under section 12B and 12K, Minister’s certificates under section 10(4) or 12H can be made as a ‘composite certificate’ combined with any certificates made under section 6, 6A or 12C of the Act. Responsible Minister certifies that requirements relating to RIS and guidelines have been met, and RIS adequately assesses the likely impact of the proposed statutory rule or legislative instrument. Where a certificate of RIS exemption is issued under section 8 or 12F, the responsible Minister certifies that the proposed rule/instrument meets the conditions for exemption from the RIS process, as specified in the Act. Where a certificate is issued under section 9 or 12G, the Premier certifies that it is in the public interest that the rule/instrument be exempt from the RIS process. Governorin Council (via Clerk of the Executive Council) When proposed statutory rule is submitted to the Governor in Council SARC (submitted along with copy of RIS) Within 10 working days of the making of the rule or instrument* Parliament When rule or instrument is laid before Parliament (on or before the 6th sitting day after gazettal) Commissioner’s assessment of RIS RIS has been prepared) Required Guidelines made under section 26 Copy of the Commissioner’s independent assessment of the adequacy of the RIS SARC As soon as practicable after the statutory rule or legislative instrument is made. Copies of all public comments and submissions on RIS (where RIS has been prepared) section 15A(1)(c) and section 16C Copies of all public comments/submissions received during consultation period after RIS is published, and the response to the comments by the relevant body SARC and the Commissioner Within 10 working days of the making of the rule or instrument Continued on next page Chief Parliamentary Counsel certificate section 13† Chief Parliamentary Counsel issues a certificate having regard to the matters listed in Section 13 of the Act (which relate to the legality and effectiveness of the proposed rules) Issued by Chief Parliamentary Counsel and submitted to Governorin Council (via Clerk of the Executive Council) When proposed statutory rule is submitted to the Governor in Council Request for a section 13 certificate must be made at least two weeks before the date on which it is proposed to submit the statutory rule to the Minister for recommendation
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