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comply with the assessment are rules on how to conduct a public duty which creates legal
burdens for the people to bear or legal punishment in the case of non-compliance or legal
status changes of an individual.
2. Public consultation
Prior to drafting any new law, the government agencies have to conduct a
public consultation with the stakeholders of the new law. The government agencies can do
so through the central public hearing system or other alternative channels. The agencies
have to present the principles and main ideas of the new law during the public consultation
for scrutiny. After the public consultation, the agencies are obliged to take into consideration
of the result when analysing the regulatory impact of the new law, as well as to make
accessible the summary of results from the public consultation.
3. Regulatory impact assessment
The government agencies have to thoroughly and systematically assess the
regulatory impacts of a new law and take into consideration the result from the public
consultation. After conducting the regulatory impact assessment, the government agencies
have to write a report accordingly to ‘Guidelines on regulatory impact assessment” that has
been published by the Law Reform Commission and approved by the cabinet. The report
also has to closely follow the format of ‘Report on potential regulatory impact assessment’
which is consistent with the Guideline.
1.5 Content-consistency assessment for a legal draft
Apart from the regulatory impact assessment the public consultation, Article 5 of the
Act of 2019 also requires that the government agencies wishing to purpose a new law has to
conduct the content-consistency assessment according to the five principles including 1) the
legal draft has to consistent with the general principles of legal drafting process 2) the legal
draft has to employ a permit system in law only in cases of necessity 3) the legal draft has
to employ a committee system in a law only in cases of necessity 4) the legal draft should
prescribe rules for the exercise of discretion by State officials and a period of time for
carrying out each step provided by the law in a clear manner, and 5) the legal draft has to
be consistent with the principle on criminal punishment. The content-consistency
assessment combines together both legal and public administrative assessment on a legal
draft, and aims to encourage the government agencies to carefully consider the efficacy of
their purposes measure to solve their problems as well as the potential impacts of enforcing
that measure.