(1) The Minister
responsible for the administration of the enabling Act may certify in writing
that there was, at the time of the reviewable decision, a statement of policy
that had been published in the Gazette under a written law and applied to
decisions of that kind.
(2) If a certificate
is given under subsection (1) and the decision-maker states in the material
provided to the Tribunal under section 24 that the decision-maker had regard
to the statement of policy in making the decision, the Tribunal in conducting
the proceeding must have regard to the statement of policy as in effect at the
time of the review.
(3) Subsection (2)
does not apply to the extent that the statement of policy is outside power.