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SUBORDINATE LEGISLATION ACT 1994 - SECT 6A

Infringements offence consultation certificate

S. 6A(1) amended by No. 9/2008 s. 43(a).

    (1)     If a proposed statutory rule provides for the enforcement of an offence by an infringement notice, whether under the Infringements Act 2006 or otherwise, the responsible Minister must certify—

        (a)     that the Department of Justice has been consulted about—

S. 6A(1)(a)(i) amended by No. 9/2008 s. 43(b).

              (i)     the enforcement of the offence referred to in the proposed statutory rule by infringement notice; and

S. 6A(1)(a)(ii) amended by No. 9/2008 s. 43(b).

              (ii)     the suitability of the offence referred to in the proposed statutory rule to be an infringement offence enforced under the Infringements Act 2006 ; and

        (b)     that the Attorney-General's guidelines within the meaning of the Infringements Act 2006 have been taken into account in the preparation of the proposed statutory rule; and

S. 6A(1)(c) amended by No. 9/2008 s. 43(c).

        (c)     that the Minister is satisfied that the proposed statutory rule, insofar as it relates to an infringement offence—

              (i)     meets the requirements of those guidelines; or

              (ii)     does not meet the requirements of those guidelines but should be made despite not meeting those requirements because of the reasons specified in the certificate.

S. 6A(2)(3) repealed by No. 78/2010 s. 7.

    *     *     *     *     *

S. 7 substituted by No. 78/2010 s. 8.



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