6.11 RISs and explanatory notes

The Statutory Instruments Act 1992, section 43 requires that a regulatory impact statement (RIS) must be prepared by the administering department for subordinate legislation that is 'likely to impose appreciable costs on the community or a part of the community'.

The Queensland Office for Regulatory Efficiency of the Treasury Department has a focus on regulatory activities generally and, in particular, provides advice, assistance and training on the RIS process, including advice as to whether a RIS is required in particular cases.

A RIS must include the information listed in the Statutory Instruments Act 1992, section 44 and be expressed in clear and precise language. The content of the RIS is based on an assessment of the ways of achieving the policy objectives rather than on the policy objectives themselves. Section 44(g) of the Act requires the RIS to state all benefits and costs either quantitatively or qualitatively. If benefits and costs can not be quantitatively defined, they are to be included as a qualitative description of the impact of the proposed legislation in terms of benefits and costs. 'Benefits' include advantages and direct and indirect economic, environmental and social benefits. 'Costs' include burdens and disadvantages and direct and indirect economic, environmental and social costs.

The Statutory Instruments Act 1992, section 45 requires that a notice about the proposed subordinate legislation be published so that stakeholders and the public are given the opportunity to comment on the proposal. If the proposed subordinate legislation is likely to have a significant impact on a particular group of people, section 45(2) requires the notice be published in a way likely to ensure members of the group understand the purpose and content of the notice. The notice must allow at least twenty-eight days for public comment on the proposed subordinate legislation.

Under the Legislative Standards Act 1992, section 22, an explanatory note prepared by the administering department must accompany all subordinate legislation for which a RIS is required. Section 24 of that Act sets out the matters to be addressed in the explanatory note.

When arranging the printing, notification and tabling of subordinate legislation, OQPC arranges for the printing and tabling of any accompanying RIS or explanatory note. However, OQPC does this only if the RIS or explanatory note has been formatted by OQPC and bears an OQPC stamp evidencing the formatting. Accordingly, an electronic copy of any RIS or explanatory note must be given to OQPC for formatting as early as practicable in the drafting process. By arrangement with the Executive Council Secretariat, OQPC makes a notation on all subordinate legislation when it is certified and supplied by OQPC to indicate whether or not there is any RIS or explanatory note formatted by OQPC accompanying the subordinate legislation.

A week before each Executive Council meeting, the Executive Council Secretariat advises OQPC which subordinate legislation drafted by OQPC is to be considered at the meeting and confirms with OQPC which subordinate legislation is accompanied by a RIS or explanatory note.

6.11.1 Uniform legislation

Under section 46(1)(g) of the Statutory Instruments Act 1992, a RIS need not be prepared for proposed subordinate legislation if the subordinate legislation only provides for, or to the extent it only provides for, a matter arising under legislation that is substantially uniform or complementary with legislation of the Commonwealth or another State. However, under administrative arrangements the sponsoring Minister is required to table in the Legislative Assembly any RIS prepared for the legislation for national scheme purposes in the other jurisdiction (national scheme RIS). Accordingly, the sponsoring department supplies an electronic copy of the national scheme RIS and any accompanying explanatory notes to OQPC for formatting (and for stamping to evidence the formatting), in the same way as for other RISs and explanatory notes accompanying subordinate legislation.

Last reviewed: 17 July, 2009

Last updated: 22 July, 2009

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