What we're told is that the use of a mandatory type of language is not typical for regulation-making powers.
Other concerns with respect to that kind of language relate to what mechanism for enforceability there would be, for instance, if those regulations were not made. Within what period of time must they be made?
It's all those questions surrounding how you would enforce a failure on the part of the minister to undertake these obligations, when the language becomes mandatory. There's no mechanism proposed for the timelines and enforceability, which is why they tend to be expressed in the permissive rather than the mandatory.