6.2 Drafting subordinate legislation

OQPC drafts subordinate legislation, other than subordinate legislation that has been exempted from the requirement that it be drafted by OQPC (known as ‘exempt subordinate legislation’). In drafting subordinate legislation, OQPC provides advice to Ministers, departments and agencies on:

• alternative ways of achieving policy objectives
• the application of fundamental legislative principles.

The authority to draft subordinate legislation ordinarily comes from a decision of Cabinet, or the relevant Minister or chief executive. The principles for drafting a Bill outlined in Chapter 3 also apply generally to the drafting of subordinate legislation. However, there are other fundamentals that must be taken into account when drafting legally effective subordinate legislation.