The following policy and legislation is relevant to the Rules Framework.
Empowering legislative provisions and mandatory statutory considerations
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:
- Land Transport Act 1998: sections 152 and 153-159
- Railways Act 2005: sections 49, 50, 53 and 54
- Civil Aviation Act 1990: sections 28-30
- Maritime Transport Act: sections 34, 36.
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:
- Land Transport Act 1998: section 164
- Railways Act 2005: section 57 (which specifies that section 164 of the Land Transport Act applies with any necessary modifications)
- Civil Aviation Act1990: section 33
- Maritime Transport Act 1994: section 39.
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:
- specify where a breach of a Rule’s requirements constitutes an offence or the penalty that applies when a provision of a Rule is breached
- prescribe fees or charges that may be payable under a Rule.
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.