NSW Misleading a Minister

[Scruff]

I know this is pretty generic, but it's the best way I can describe it.

Scenario:
"Act 1" contains "Section A" which allows for the operation of a guideline approved by the relevant Minister.
The guideline, once approved, is an instrument made under Act 1 and therefore becomes law.
The guideline, or application of the guideline, results in conduct which constitutes an offence under "Section B" of "Act 2".
In relation to the operation of Section A of Act 1, there is no provision in either Act that negates the operation of Section B of Act 2, or Act 2 as a whole.

Questions:
1. Has the party who produced the guideline committed an offence in relation to misleading the Minister or the Parliament?
2. Has the Minister committed an offence in relation to due dilligence or duty of care?

I can't find any information on this. All information seems to relate to misleading conduct occurring within the Parliament itself. I can't seem to find anything where the conduct originates from an external source, such as a government department or agency, or some other body.

 

[Rod]

The guideline is a legislative instrument.

All legislative instruments are subordinate to actual legislation.

1. Possible, but unlikely. You will need to look at the speeches in parliament.
2. I do not know, but seems unlikely. Would need specifics to have a better idea, and a review of what was said to parliament.