6.11 Explanatory notes

Under the Legislative Standards Act 1992, section 22, an explanatory note prepared by the administering department must accompany all subordinate legislation. Section 24 of that Act sets out the matters to be addressed in the explanatory note.

Administering departments are required to prepare an explanatory note for all types of subordinate legislation (and not just significant subordinate legislation). This is to ensure that Members of Parliament and the general public are able to understand the rationale for making the subordinate legislation. More detailed information on explanatory notes is available in the Guidelines to the preparation of explanatory notes and from departmental CLLOs. Agencies are required to adopt the templates set out in those guidelines to ensure a consistent approach across government.

Departments are now responsible for preparing and printing the Executive Council copy of the official text of explanatory notes for submission to the Executive Council with the certified copies of the subordinate legislation drafted and printed by OQPC. However, OQPC is responsible for supplying the explanatory notes to the government printer and for publishing them with the subordinate legislation on the Legislation website after notification.

A week before each Executive Council meeting, the Executive Council Secretariat advises OQPC which subordinate legislation drafted by OQPC is expected to be considered at the meeting. The list is confirmed the day before the meeting and OQPC then allocates subordinate legislation numbers which are made available to CLLOs for inclusion in explanatory notes.

To ensure print, notification, delivery and publication deadlines are met, OQPC needs to receive from departments the final electronic version of explanatory notes, with subordinate legislation number included, by 2:00pm on the day the subordinate legislation is made unless other arrangements are made.