163Consultation requirements for making of certain Orders in Council, regulations, and notices

1. Before making any recommendation for the making of an Order in Council or regulations under a provision listed in subsection (2), the Minister—

2. must be satisfied that the Director-General has carried out consultation in accordance with subsection (3) and has advised the Minister of the results of any such consultation; and
3. must take into account the results of that consultation.

4. Before making a notice to supplement a regulation made under a provision listed in subsection (2), the Director-General must—

5. carry out consultation in accordance with subsection (3); and
6. take into account the results of that consultation.

7. The provisions referred to in subsections (1) and (1A) are as follows:

8. section 9 (Exemptions from ambit of Act by Order in Council):
9. section 15 (Certain persons may be required to have risk management programme by Order in Council):
10. section 40 (Regulations about regulated control schemes):
11. section 44 (Regulations may prescribe animal product standards):
12. section 49, if the order is made on the ground set out in section 49(3)(a) (Registration of exporters of non-edible, etc, material or products may be required by Order in Council):
13. section 77C (Regulations relating to tracing and recall):
14. section 77F (Regulations relating to verification):
15. section 77H (Regulations and notices relating to record keeping and reporting):
16. section 118 (Levies):
17. section 125E (Regulations about infringement offences):
18. section 166 (Regulations).

19. The Director-General must—

20. do everything reasonably practicable on his or her part to consult with the persons or organisations that appear to the Director-General to be representative of the interests of persons likely to be substantially affected by the making of the relevant Order in Council, regulations, or notice; and
21. in the case of a proposed Order in Council or proposed regulations, advise the Minister of the results of any such consultation.

22. The process for such consultation should, to the extent practicable in the circumstances, include—

23. the giving of adequate and appropriate notice of the intention to make the Order in Council, regulations, or notice; and
24. the provision of a reasonable opportunity for interested persons to make submissions; and
25. adequate and appropriate consideration of any such submissions.

26. This section does not apply in relation to any Order in Council, regulations, or notice if the Minister or Director-General considers it necessary or desirable in the public interest that the Order in Council, regulations, or notice be made or issued as a matter of urgency.

27. A failure to comply with this section does not affect the validity of any Order in Council, regulations, or notice.