(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 —