Scrutiny of Regulations

The Committee is responsible for examining regulations and legislative instruments to ensure that they do not exceed the powers conferred by an Act and do not unduly trespass on rights and freedoms.

The Committee checks regulations against the heads of review contained in section 21 of the Subordinate Legislation Act 1994 (the Act) and legislative instruments against those contained in section 25A of the Act.

While the Committee focuses on the principles contained in sections 21 and 25A, it also ensures that there has been compliance with the practical or procedural requirements of the Act.

Substantial contravention of the practical requirements of the Subordinate Legislation Act 1994 in fact constitutes a head of review in sections 21 or 25A of the Act. Where a regulations or legislative instrument do not comply with the procedures or the principles in sections 21 and 25A of the Act, the Committee may report to Parliament and recommend that the regulations or legislative instrument be disallowed in whole or part.

The Charter of Human Rights and Responsibilities Act 2006 provides that the Committee must also review all regulations and legislative instruments and report to Parliament if it considers the regulations or legislative instrument to be incompatible with human rights.

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