This is a single section from Chapter 14. Read the full chapter here.

Will the power be subject to the publication or disallowance procedures in the Legislation Act 2012?

Legislation should clearly identify whether or not the power of exemption will be subject to the disallowance and/or publication procedures in the Legislation Act 2012.


For the avoidance of doubt, the Act should confirm whether or not the exemption instrument is a disallowable instrument, a legislative instrument, or both. Often a class exemption that is of general application will be a disallowable instrument and a legislative instrument. An “individual” exemption will often be a disallowable instrument yet not a legislative instrument (but in this case the legislation should provide for alternative publication requirements). Some “individual” exemptions will probably be neither, and publication may not be appropriate; for example, exemptions from wearing a seatbelts or helmets on health grounds in the Land Transport Act 1998 (s 166).

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