Legislative Requirements Template
1.
Fill in the table for each proposal/issue that you want to address. Add a new
table for each proposal/issue.
2.
Once the author has completed the table, work through the accompanying
checklist at the end of the table.
3.
Provide a copy of the final Policy Investigation RIS with the completed
Legislative Requirements Template to assist in preparing the Rule Drafting
Instructions.
Proposal [number: 1, 2, 3 …etc]:
Rule name:
[Insert here]
Is this a proposed amendment or revision of an existing Rule, or a new Rule?
What is the issue being addressed?
[Outline the issue, explaining any problems it is causing and how urgently the solution is needed.
Include any benefits the proposal is intended to confer.]
Why is a legislative intervention in the form of a Rule needed?
[Refer to factors in Chapter 3 of the Handbook for Insignificant Impact Rules and Chapter 4 for
Significant Impact Rules.
What is your proposed solution?
[Outline the changes you would like to see made, who or what would be affected, and what date(s)
you would like to see these changes taking effect. What is the regulatory framework approach for
the proposed changes – principle-based, performance-based, process- based or prescriptive? Does
there need to be a long lead-in time to allow affected persons to adapt to the new Rule?]
Do any documents need to be incorporated by reference?
Is the issue to be covered by the Rule authorised by the relevant empowering legislation?
[Rules may only be made for one or more of the purposes specified in the empowering Act (the
Land Transport Act, Civil Aviation Act, Railways Act or Maritime Transport Act).Outline the
appropriate authorisation from the relevant empowering legislation; for example, “Section 152, Land
Transport Act 1998” would suffice.]
Do you want any new requirements to apply to all current vehicles, vessels or aircraft /operators/licence
holders etc. Should they apply from the same start date. Should changes be phased in over time?
[Identify any current rights/benefits that may be adversely affected by the changes and any other
transitional/savings provisions that would be needed.]
If an amendment is proposed, what provisions in the current Rule are relevant to this issue?
[Provide the section/clause numbers here.]
List any other Rules/legislative provisions/definitions that also relate to this issue (if any).
[List any relevant provisions here and whether they may require amendment. Identify the
empowering provisions in the relevant Act and whether that, or any other Act, will require
amendment]
Are you proposing to impose any fees or charges?
[Outline any fees or charges that may be needed to implement your proposal and whether these are
current fees or new ones.]
Are you proposing any offences (and penalties) for non-compliance with your proposed Rule?
[Outline what these may be.]
Additional notes:
[Add any other information that may be relevant.]
Are there any unresolved issues and, if so, when will further instructions be provided?
Other relevant information for consultation on the Rule
[Provide information on the following: the main objective of the proposed legislation, practical
implications of the proposals, any unresolved and potentially contentious issues, other matters
(including relevant background information, reports, previous engagement, discussion or
consultation on the issue]
Contact for further information
[Provide contact details: yours, plus those of an alternative contact]
Checklist: Legislative requirements table
Check that legislative requirements table includes the following:
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explanation of the issue and legislative problem to be remedied
explanation of what the legislation should do
explanation of how the proposal relates to existing law
description of what transitional and savings arrangements will be required
description of consequential and related matters
mention of any regulations that will be needed to support the Rule (ie for fees, charges,
offences, penalties)
identification of any unresolved difficulties
statement of which department will administer
statement of expected timetable/any time constraints/when to come into force
description of your engagement to date with other departments and agencies
contact details: yours, plus those of an alternative contact
if forms or graphics are supplied, they are in the appropriate format.
Check that the proposed legislation will be:
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consistent with the LAC Guidelines
consistent with the Bill of Rights
for regulations: within the ambit of the empowering provisions.
Check that you have included copies of the following:
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all relevant Cabinet papers and papers provided to the Minister including the RIS
all relevant precedents, cases, legal opinions, and reports
notes of any relevant court or other proceedings in contemplation
official copies of any relevant international agreements or obligations
any other relevant background material.