(1) The Scrutiny Committee may report to each House of the Parliament
if the Scrutiny Committee considers that any statutory rule laid before Parliament—
(b) without clear and express authority being conferred by the
authorising Act—
(i) has a retrospective effect; or
(ii) imposes any tax, fee, fine, imprisonment or other penalty; or
(iii) purports to shift the onus of proof to a person accused of an
offence; or
(iv) provides for the sub-delegation of powers delegated by the
authorising Act;
(c) appears to be inconsistent with the general objectives of the
authorising Act;
(d) makes unusual or unexpected use of the powers conferred by the
authorising Act having regard to the general objectives of that Act;
(e) contains any matter or embodies any principles which should
properly be dealt with by an Act and not by subordinate legislation;
(f) unduly trespasses on rights and liberties of the person previously
established by law;
(g) makes rights and liberties of the person unduly dependent upon
administrative and not upon judicial decisions;
(h) is inconsistent with principles of justice and fairness;
(i) requires explanation as to its form or intention;
(j) has been prepared in contravention of any of the provisions of this
Act or of the guidelines with respect to the statutory rule and the contravention is of a
substantial or material nature;
(k) is likely to result in administration and compliance costs which
outweigh the likely benefits sought to be achieved by the statutory rule.
(2) A report of the Scrutiny Committee under this section may contain
any recommendations that the Scrutiny Committee considers appropriate, including a
recommendation that a statutory rule should be—
