Statutory instruments prepared by other agencies—Information for agencies

What is an agency statutory instrument?

Agency statutory instruments are instruments prepared by agencies other than the Parliamentary Counsel’s Office. These instruments are legislative in nature, have a broad application rather than specific and are binding on all persons who come within its application. When considering whether to add an instrument to the agency statutory instrument collection, PCO takes into account additional factors such as the importance of ensuring better access to the public to that particular type of instrument.

Why are agency statutory instruments on a new page?

Moving statutory instruments prepared by other agencies to a static page ensures users have access to these instruments through a centralised collection. Historically, PCO manually captured some of these instruments in a form suitable for adding to the In force collection. This manual process took time and delayed user access to crucial information. Consolidating amendments also took considerable time. Through this new collection, agencies are invited to submit consolidated versions of instruments at the same time they provide an amending instrument for notification. 

Frequently asked questions

Does my instrument still need to be published on the legislation website?

If your instrument is made under legislation that requires it to be published on the legislation website, notification still needs to take place before the instrument can be added to the collection of Statutory instruments prepared by other agencies. See here for information on notifying your instrument.

What are the technical requirements for agency statutory instruments?

We can only accept PDFs that meet the following criteria:

• They can be generated directly from a Word document or other word processing software, or
• They can be generated from scanned documents but must be OCR’d.

There must be one file only—any attachments or schedules must be merged with the main instrument to create a single PDF. The file size must be no greater than 10MB.
Note—if your file meets the first requirement above but the file size is greater than 10MB, please email us at notification@pco.nsw.gov.au.

Why does my instrument have to include the legislation under which it is made?

For consistency in the categorisation of instruments, the agency statutory instruments page uses the same categories used for the NSW Government Gazette. Including the title of the legislation under which the instrument is made ensures that users can easily access relevant information, such as the empowering provision.

How are agency statutory instruments amended?

The amendment of agency statutory instruments is carried out in the way provided for by the parent legislation. While the table for the instrument the target of the amendments will be updated to include the title of the amending instrument and the date it commences, consolidated versions will not be prepared by PCO. Agencies are invited to submit consolidated instrument PDFs post-amendment to notification@pco.nsw.gov.au. Please clearly indicate in your email that you are submitting a consolidated PDF rather than a new instrument for notification.