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Creating a new statutory power
This is a single section from Chapter 16. Read the full chapter here.
Is the power no wider than is required to achieve the policy objective and purpose of the legislation?
Legislation should not create a power that is wider than is necessary to achieve the policy objective.
The extent of a statutory power should have a direct connection to the policy objective that the power was intended to help achieve. The power should be confined to that which is necessary to perform those actions necessary to achieve the purpose of the legislation.