The following policy and legislation is relevant to the Rules Framework.
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). If a new Rule, or an amendment to an existing Rule, is being considered, it will be necessary to establish at the outset that the Rule fits within a specified purpose.
The purposes for which Rules may be made are specified in the following sections of the relevant transport Acts:
The empowering Acts also specify a number of considerations that the Minister must take into account in making a Rule. Failure by the Minister to consider these factors could result in a Rule being disallowed by Parliament. These factors will need to be considered during Rule development to ensure that proper advice can be provided to the Minister when he or she is asked to make the Rule.
The matters that the Minister must consider before making a Rule are contained in the following sections of the relevant transport Acts:
The legal adviser assigned to the Project Team should be your first port of call for advice on these points.
Consequential or supporting regulations may be required to support implementation of a rule. Rules set out legal requirements which must be complied with, and consequential regulations:
The Transport Regulatory Policy Statement (the Statement) provides expectations for best practice regulatory development and implementation. These expectations and objectives underpin the purpose of this Handbook and are operationalised in the regulatory development phases outlined in each chapter.