Commonwealth Consolidated Acts Commonwealth Consolidated Acts
1 Schedule sets out consultation procedures
Clauses 3 to 6 of this Schedule set out the consultation procedures that apply if:
(a) the Minister proposes to make a legislative instrument under subsection 15(2) of this Act; or
(b) the Minister proposes to make guidelines under subsection 20(5) of this Act; or
(c) the Minister proposes to introduce a Bill for an Act that amends this Act into a House of the Parliament.
2 Minister may determine that a body or organisation represents those likely to be affected
The Minister may, by notice in the Gazette , determine that a specified body or organisation sufficiently represents the interests of those likely to be affected by proposed actions to which clauses 3 to 6 apply.
3 Minister must prepare a written proposal
The Minister must prepare a written proposal containing:
(a) a summary of the action that the Minister is proposing to take; and
(b) a statement of the reasons for that proposed action; and
(c) a broad indication of the relative costs and benefits to the Government and to the affected public of that proposed action.
4 Public to be invited to make submissions
(1) The Minister must cause a notice complying with subclause (2) to be published in a daily newspaper circulating in the Sydney metropolitan area.
(2) The notice must:
(a) state the Minister's intention to take the proposed action; and
(b) describe the manner in which copies of the written proposal can be obtained or inspected; and
(c) invite the public to make written submissions on the proposal and indicate the period within which (not being less than 21 days after the notice is published), and the place at which, written submissions may be made.
5 Body or organisations specified under clause 2 to be consulted
If a notice specifying a body or organisation under clause 2 is in force, the Minister must:
(a) give a copy of the written proposal to the body or organisation; and
(b) invite the body or organisation to make written submissions on the proposal and indicate the period within which (not being less than 21 days after receipt of the written proposal), and the place at which, written submissions may be made.
6 Minister to consider submissions
The Minister must consider all written submissions received within the periods specified as required by paragraphs 4(2)(c) and 5(b) before taking the action to which the submissions relate.
7 Failure to comply does not invalidate
A failure to comply with this Schedule does not affect the validity of an amendment of this Act, of a legislative instrument made under subsection 15(2) or of a legislative instrument making guidelines under subsection 20(5).