Annual Review 2001, Regulations 2001

Principles of Regulation Review

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(1) The Scrutiny Committee may report to each House of the Parliament if the Scrutiny Committee considers that any statutory rule laid before Parliament —

(a) does not appear to be within the powers conferred by the authorising Act;

(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;

(ga) unduly requires or authorises acts or practices that may have an adverse effect on personal privacy within the meaning of the Information Privacy Act 2000;

(gb) unduly requires or authorises acts or practices that may have an adverse effect on privacy of health information within the meaning of the Health Records Act 2001;

(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 —

(a) disallowed in whole or in part; or

(b) amended as suggested in the report.