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• 19 Feb 2007 Forum

1. The Minister may, by written notice, issue or adopt standards and revoke or amend standards.
2. Standards issued or adopted by the Minister may specify or provide for all or any of the following…
3. The Minister must not issue adopt or amend standards unless satisfied that adequate consultation has been carried out, including adequate notice, reasonable opportunity to make submissions, appropriate consideration of submissions.
4. The Minister is not required to consult if the standard needs to be issued urgently, or the amendment is minor and will not adversely and substantially affect the interest of any person.
5. After a standard is issued adopted or amended the Minister must ensure that a notice is published in the Gazette.
6. The Chief Executive must ensure that current copies are available for inspection by members of the public free of charge.
7. The standards and any amendments come into force at least 28 days after publication in the Gazette.
8. Every … must take all practicable steps to ensure it complies with the standards
9. All practicable steps, in relation to the achievement of any particular result, means all steps to achieve that result that it is reasonably practicable to take in the circumstances, having regard to -
   • The nature and severity of the harm that may be suffered if the result is not achieved; and
   • The current state of knowledge about the likelihood that harm of that nature and severity will be suffered if the result is not achieved; and
   • The current state of knowledge about harm of that nature; and
   • The current state of knowledge about the means available to achieve the result, and about the likely efficacy of each; and
   • The availability and cost of each of those means.
10. To avoid doubt, a person required to take all practicable steps is required to take those steps only in respect of circumstances that the person knows or ought reasonably to know about.

Enforcement of this draft regime is proposed to be carried out by statutory officers who will undertake routine and periodic compliance verification. Non-compliances are reported to the party responsible for meeting the standard and the party that applied the standard. Compliance orders and prosecutions may result.