STATUTORY INSTRUMENTS ACT 1992 Reprinted as in force on 1 January 2012 Reprint No. 11C [../images/StatutryInstA92-3.gif] TABLE OF PROVISIONS Contents Part 1--Preliminary 1. Short title 2. Purposes of Act 3. Act applies to all statutory instruments 4. Displacement of Act by contrary intention 5. Dictionary 5A. Act binds the State Part 2--Types of statutory instruments Division 1--General concepts 6. Meaning of instrument 7. Meaning of statutory instrument 8. Meaning of statutory rule 9. Meaning of subordinate legislation Division 2--Orders in council, proclamations and rules of court 10. Meaning of order in council 11. Meaning of proclamation 12. Meaning of rules of court Part 3--Provision relating to instruments 13. Power to do matter by instrument Part 4--Provisions relating to statutory instruments Division 1--Provisions of Acts Interpretation Act 1954 that apply to statutory instruments 14. Applicable provisions 14A. Modified application—s 6 14B. Modified application—s 14 15. Modified application—s 14B 15A. Modified application—section 14F 16. Modified application—s 27A 17. Modified application—s 36 (def provision) 18. Modified application—s 49A Division 2--Provisions of Acts Interpretation Act 1954 that do not apply to statutory instruments 19. Non-applicable provisions Division 3--Other provisions applying to statutory instruments Subdivision 1--Making statutory instruments 20. Presumption of validity 20A. Regulation may be used instead of another type of subordinate legislation 20B. Correct year in statutory instrument's short title etc. 20C. Continuance etc. of statutory instruments made under amended provisions Subdivision 2--Whether statutory instruments within power 21. Statutory instrument to be interpreted not to exceed powers conferred by authorising law 22. Power to make statutory instrument under Act etc. 23. Statutory instrument may make provision by applying another document 23A. Statutory instrument may make provision in relation to land by reference to map, plan or register 24. Statutory instrument may be of general or limited application 25. Statutory instrument may make different provision for different categories 26. Statutory instrument may authorise determination etc. by specified person etc. 27. Statutory instrument may prohibit 28. Relationship between authorising law and statutory instrument concerning the same matter 29. Statutory instrument may provide review 30. Statutory instrument may require verification of form etc. 30A. Reasonable cost etc. may be prescribed as fee 30B. Statutory instrument may exempt from fee 31. Statutory instruments purporting to be made under a particular power Subdivision 3--Commencement of statutory instruments 32. Prospective commencement 33. Commencement of citation and commencement provisions 34. Beneficial retrospective commencement 35. Subdivision does not apply until necessary Governor or Governor in Council action taken Subdivision 4--Evidence of procedural details 36. Evidence of procedural details Subdivision 5--Terms and references in statutory instruments 37. Words and expressions 38. References to certain instruments 39. Reference to enactment etc. of Acts Subdivision 6--Miscellaneous 39A. Automatic repeal of commencement instrument Part 5--Guidelines for regulatory impact statements Division 1--Introductory 40. What part provides 41. Effect of failure to comply with guidelines 42. Other legislation requirements are not affected Division 2--Regulatory impact statements 43. Preparation of regulatory impact statement 44. Content of regulatory impact statement 45. Notification and making regulatory impact statement available 46. When is preparation of a regulatory impact statement unnecessary? Part 6--Procedures after making of subordinate legislation Division 1--Notification and making copies available 47. Notification 48. Copies to be available Division 2--Tabling in Legislative Assembly 49. Subordinate legislation must be tabled Division 3--Disallowance procedures 50. Disallowance Division 4--General 51. Limited saving of operation of subordinate legislation that ceases to have effect 52. Other notification, gazettal, tabling or disallowance provisions of no effect Part 7--Staged automatic expiry of subordinate legislation 53. Purposes of part 54. When subordinate legislation expires 55. Notice by parliamentary counsel of impending expiry 56. Exemptions from expiry—uniform subordinate legislation 56A. Exemptions from expiry—other subordinate legislation 57. Part does not apply to some subordinate legislation Part 8--Forms 58. Forms—notification and availability Part 9--Miscellaneous 59. Regulation-making power Part 10--Transitional Division 1--Transitional provision for Act No. 83 of 1994 62. Transitional provisions about expiry of amending subordinate legislation Division 2--Transitional provision for Statutory Instruments and Another Act Amendment Act 1999 62A. Transitional provisions for exemptions Division 3--Transitional provision for Trade Measurement Legislation Repeal Act 2009 63. Amendment of regulation by Trade Measurement Legislation Repeal Act 2009 does not affect powers of Governor in Council SCHEDULE 1 PROVISIONS OF ACTS INTERPRETATION ACT 1954 THAT APPLY TO STATUTORY INSTRUMENTS SCHEDULE 1A STATUTORY RULES THAT ARE NOT SUBORDINATE LEGISLATION SCHEDULE 2 PROVISIONS OF ACTS INTERPRETATION ACT 1954 THAT DO NOT APPLY TO STATUTORY INSTRUMENTS SCHEDULE 2A SUBORDINATE LEGISLATION TO WHICH PART 7 DOES NOT APPLY SCHEDULE 3 DICTIONARY Endnotes - LONG TITLE An Act relating to statutory instruments and for other purposes related to legislation 1 Short title This Act may be cited as the Statutory Instruments Act 1992. 2 Purposes of Act The purposes of this Act are to— (a) facilitate the interpretation of statutory instruments; and (b) facilitate improvement in the presentation of statutory instruments; and (c) rationalise notification, publication, tabling and disallowance requirements for subordinate legislation; and (d) generally ensure that Queensland subordinate legislation is of the highest standard. 3 Act applies to all statutory instruments This Act applies to all statutory instruments. 4 Displacement of Act by contrary intention The application of this Act (other than part 5) may be displaced, wholly or partly, by a contrary intention appearing in any instrument. 5 Dictionary The dictionary in schedule 3 defines particular words used in this Act. 5A Act binds the State This Act binds the State. 6 Meaning of instrument An instrument is any document. 7 Meaning of statutory instrument (1) A statutory instrument is an instrument that satisfies subsections (2) and (3). (2) The instrument must be made under— (a) an Act; or (b) another statutory instrument; or (c) power conferred by an Act or statutory instrument and also under power conferred otherwise by law. Example of paragraph (c)— an instrument made partly under an express or implied statutory power and partly under the Royal Prerogative (3) The instrument must be of 1 of the following types— • a regulation • an order in council • a rule • a local law • a by-law • an ordinance • a subordinate local law • a statute • a proclamation • a notification of a public nature • a standard of a public nature • a guideline of a public nature • another instrument of a public nature by which the entity making the instrument unilaterally affects a right or liability of another entity. (4) However, to remove doubt, an Executive Council minute is not itself a statutory instrument. 8 Meaning of statutory rule A statutory rule is a statutory instrument— (a) that is made by the Governor or the Governor in Council; or (b) that is made by another person or body, but— (i) is required by law to be approved, confirmed or otherwise consented to by the Governor or Governor in Council; or (ii) is subject to being disapproved or otherwise disallowed by the Governor or Governor in Council. 9 Meaning of subordinate legislation (1) Subject to subsection (2), the following instruments are subordinate legislation— (a) a statutory rule that is a regulation, rule, by-law, ordinance or statute; (b) a statutory rule that is an order in council or proclamation of a legislative character; (c) any statutory instrument (including an order in council or proclamation) that is declared to be subordinate legislation by an Act or a regulation made under this Act; (d) any other statutory instrument that fixes or otherwise determines the commencement of— (i) an Act or a provision of an Act; or (ii) an instrument, or a provision of an instrument, mentioned in paragraph (a), (b) or (c). (2) The following instruments are not subordinate legislation— (a) a local law or other statutory instrument made by a local government; (b) a rule, order, direction or practice of the Legislative Assembly; (c) a statutory rule (other than a regulation) that is mentioned in schedule 1A or declared not to be subordinate legislation by— (i) an Act; or (ii) in the case of a statutory rule made under a provision commencing before the commencement of this Act—a regulation made under this Act. 10 Meaning of order in council An order in council is an order made by the Governor in Council and— (a) in the case of an order that is subordinate legislation—notified in the gazette; or (b) in any other case—published in the gazette. 11 Meaning of proclamation A proclamation is a proclamation made by the Governor and— (a) in the case of a proclamation that is subordinate legislation—notified in the gazette; or (b) in any other case—published in the gazette. 12 Meaning of rules of court Rules of court, in relation to a court or tribunal, are rules made by the person or body having power to make rules regulating the practice and procedure of the court or tribunal. 13 Power to do matter by instrument If— (a) an Act or statutory instrument (the authorising law) authorises or requires a matter to be done; and (b) the matter is capable of being done by instrument; the authorising law authorises the matter to be done by instrument. 14 Applicable provisions (1) Subject to this division, a provision of the Acts Interpretation Act 1954 mentioned in schedule 1 applies to a statutory instrument, and to matters authorised or required to be done by a statutory instrument, in the same way as it applies to an Act, and matters authorised or required to be done by an Act, as if— (a) a reference to an Act included a reference to a statutory instrument; and (b) a reference to enactment or passage included a reference to making. (2) A copy of the Acts Interpretation Act 1954 showing the text of the Act as it applies to a statutory instrument because of this Act may be authorised by the parliamentary counsel. (3) If a copy mentioned in subsection (2) is authorised under that subsection, the copy— (a) is to indicate that fact in a suitable place; and (b) is a reprint of a law authorised by the parliamentary counsel for the purposes of the Reprints Act 1992. 14A Modified application—s 6 For the purposes of applying the Acts Interpretation Act 1954, section 6(1), after 'In an Act', insert 'or statutory instrument'. 14B Modified application—s 14 For the purposes of applying section 14(7) of the Acts Interpretation Act 1954, add the following example— 'Example of an endnote to subordinate legislation— ENDNOTES 1 Made by the Governor in Council on 9 December 2004. 2 Notified in the gazette on 10 December 2004. 3 Laid before the Legislative Assembly on 22 February 2005. 4 The administering agency is the Department of Education and the Arts.'. 15 Modified application—s 14B For the purposes of applying section 14B of the Acts Interpretation Act 1954— extrinsic material means relevant material not forming part of the statutory instrument or the Act under which the statutory instrument was made, including, for example— (a) material that is extrinsic material, within the meaning of that section, in relation to the Act under which the statutory instrument was made; and (b) material that is set out in the document containing the text of the statutory instrument as printed by the government printer; and (c) a report of a Royal Commission, Law Reform Commission, commission or committee of inquiry, or a similar body, that was laid before the Legislative Assembly— (i) if the statutory instrument is subordinate legislation—before the end of 14 sitting days after the statutory instrument was laid before the Legislative Assembly; or (ii) in any other case—before the statutory instrument was made; and (d) a report of a committee of the Legislative Assembly that was made to the Legislative Assembly— (i) if the statutory instrument is subordinate legislation—before the end of 14 sitting days after the statutory instrument was laid before the Legislative Assembly; or (ii) in any other case—before the statutory instrument was made; and (e) a treaty or other international agreement that is mentioned in the statutory instrument; and (f) if the statutory instrument is subordinate legislation—an explanatory note or memorandum relating to the statutory instrument, or any other relevant document, that was laid before, or given to the members of, the Legislative Assembly— (i) before the end of 14 sitting days after the statutory instrument was laid before the Legislative Assembly; and (ii) by the clerk of the Parliament or the member who laid the statutory instrument before the Legislative Assembly; and (g) material in the Votes and Proceedings of the Legislative Assembly or in any official record of debates in the Legislative Assembly; and (h) a document that is declared by an Act or statutory instrument to be a relevant document for the purposes of this section; and (i) if the statutory instrument was made under another statutory instrument—material that is extrinsic material within the meaning of this section in relation to the other statutory instrument. 15A Modified application—section 14F For the purposes of applying section 14F(1) of the Acts Interpretation Act 1954, omit the examples and insert— 'Examples of citations— 1 Statutory Instruments Regulation 2002 2 Statutory Instruments Regulation 2002, SL No. 218 3 SL No. 218 of 2002 4 2002 SL No. 208'. 16 Modified application—s 27A For the purposes of applying section 27A of the Acts Interpretation Act 1954, omit subsection (12) and insert— '(12) If a statutory instrument authorises the delegation of a power, the power may be subdelegated only if the statutory instrument, or the Act under which the statutory instrument is made, expressly authorises the power to be subdelegated.'. 17 Modified application—s 36 (def provision) For the purposes of applying section 36 of the Acts Interpretation Act 1954, insert after paragraph (c) of the definition provision— '(d) any words of notification.'. 18 Modified application—s 49A For the purposes of applying section 49A of the Acts Interpretation Act 1954, a reference to an Act includes a reference to a statutory instrument that is a statutory rule. 19 Non-applicable provisions A provision of the Acts Interpretation Act 1954 mentioned in schedule 2 does not apply to a statutory instrument. 20 Presumption of validity All conditions and preliminary steps required for the making of a statutory instrument are presumed to have been satisfied and performed in the absence of evidence to the contrary. 20A Regulation may be used instead of another type of subordinate legislation (1) If— (a) an Act authorises or requires the Governor, the Governor in Council, a Minister, an officer of the public service or the holder of a prescribed office established by or under an Act to make provision with respect to a matter by subordinate legislation; and (b) the Act or another Act— (i) does not specify the type of subordinate legislation to be used; or (ii) specifies that a type of subordinate legislation other than a regulation is to be used; the Governor in Council may make provision with respect to the matter by regulation made under the Act. (2) Subsection (1) applies even though the Act would not, apart from this section, confer power on the Governor in Council to make a regulation for the purposes of the Act. Example 1— If an Act provides that provision may be made with respect to a matter by order in council, provision may now be made by regulation. Example 2— If provision has already been made with respect to a matter by order in council, the order in council may be repealed or amended by a regulation. (3) If subsection (1) applies to a provision of an Act, a reference in a law (including the Act) to subordinate legislation of a particular type made under the provision, or the Act generally, includes a reference to a regulation that makes provision with respect to a matter for the purposes of the provision. Example— If a provision of an Act refers to orders in council made under section 6 of the Act and subsection (1) applies in relation to section 6, the reference includes a reference to a regulation that makes provision with respect to a matter for the purposes of section 6. 20B Correct year in statutory instrument's short title etc. If— (a) a statutory instrument is made in a particular year (the year of making); and (b) apart from this section, the statutory instrument's citation would include a single year other than the year of making; the citation of, and a reference to, the statutory instrument may be given by omitting the other year and inserting the year of making. 20C Continuance etc. of statutory instruments made under amended provisions (1) This section applies if— (a) a provision of a law expressly or impliedly authorises or requires a statutory instrument to be made for a purpose; and (b) the provision is amended; and (c) under the amended provision— (i) a type of instrument is no longer specified for the purpose; or (ii) another type of instrument is specified for the purpose; or (iii) the same type of instrument is specified for the purpose. (2) If subsection (1)(c)(i) applies, a statutory instrument that was in force immediately before the commencement of the amendment— (a) continues to have effect after the commencement; and (b) may be amended or repealed by an instrument of the type specified in the provision before the amendment. (3) If subsection (1)(c)(ii) applies, a statutory instrument that was in force immediately before the commencement of the amendment— (a) continues to have effect after the commencement; and (b) is taken to be an instrument of the type specified in the amended provision. (4) If subsection (1)(c)(iii) applies, a statutory instrument that was in force immediately before the commencement of the amendment continues to have effect after the commencement as if it had been made under the amended provision. (5) In this section— amend includes omit and re-enact in the same law (with or without modification), but does not include omit and re-enact in another law. 21 Statutory instrument to be interpreted not to exceed powers conferred by authorising law (1) A statutory instrument is to be interpreted as operating— (a) to the full extent of, but not to exceed, the power conferred by the law under which it is made (the authorising law); and (b) distributively. (2) Without limiting subsection (1), if a provision of a statutory instrument would, apart from this section, be interpreted as exceeding power— (a) the provision is valid to the extent to which it does not exceed power; and (b) the remainder of the statutory instrument is not affected. (3) Without limiting subsection (1), if the application of a provision of a statutory instrument to a person, matter or circumstance would, apart from this section, be interpreted as exceeding power, the provision's application to other persons, matters or circumstances is not affected. (4) This section applies to a statutory instrument in addition to, and without limiting, any provision of the statutory instrument or authorising law. 22 Power to make statutory instrument under Act etc. (1) If an Act or statutory instrument (the authorising law) authorises or requires the making of a statutory instrument under the authorising law or an Act or statutory instrument (the other law), the power enables a statutory instrument to be made with respect to any matter that— (a) is required or permitted to be prescribed by the authorising law or other law; or (b) is necessary or convenient to be prescribed for carrying out or giving effect to the authorising law or other law. (2) Subsection (1) applies to the authorising law even though the authorising law also authorises the making of a statutory instrument for a particular purpose. (3) Power conferred by the authorising law to make a statutory instrument for a particular purpose is in addition to, and does not limit the effect of, power conferred by the authorising law to make a statutory instrument under the authorising law or other law unless the authorising law expressly provides otherwise. 23 Statutory instrument may make provision by applying another document (1) If an Act or statutory instrument (the authorising law) authorises or requires the making of a statutory instrument with respect to a matter, a statutory instrument made under the authorising law may make provision for the matter by applying, adopting or incorporating (with or without modification) the provisions of— (a) an Act, statutory instrument or other law; or (b) another document (whether of the same or a different kind); as in force at a particular time or from time to time. (2) If a statutory instrument made after 1 January 1992 applies, adopts or incorporates the provisions of a document, the provisions applied, adopted or incorporated are the provisions as in force from time to time unless the statutory instrument expressly provides otherwise. (3) In this section— law includes a law of the Commonwealth, another State, a Territory or a foreign country. 23A Statutory instrument may make provision in relation to land by reference to map, plan or register (1) This section applies if an Act authorises or requires provision to be made by statutory instrument in relation to land, whether the expression 'declare', 'dedicate', 'set apart', 'specify' or another expression is used. (2) Provision may be made by reference to— (a) a map or plan held by a person, department or body; or (b) a particular entry in a register kept by a person, department or body; if the map, plan or register is available for inspection by members of the public. (3) In this section— land includes Queensland waters. 24 Statutory instrument may be of general or limited application A statutory instrument may— (a) apply generally throughout the State or be limited in its application to a particular part of the State; or (b) apply generally to all persons and matters or be limited in its application to— (i) particular persons or matters; or (ii) particular classes of persons or matters; or (c) otherwise apply generally or be limited in its application by reference to specified exceptions or factors. 25 Statutory instrument may make different provision for different categories A statutory instrument may— (a) make different provision in relation to— (i) different persons or matters; or (ii) different classes of persons or matters; or (b) apply differently by reference to specified exceptions or factors. 26 Statutory instrument may authorise determination etc. by specified person etc. A statutory instrument may authorise any matter to be determined, applied or regulated, from time to time, by any specified person or body. Example— If an Act provides that an application is to be in a prescribed form, the regulation concerned may provide that the prescribed form is to be that approved, or made available for use, by the Minister. 27 Statutory instrument may prohibit If an Act or statutory instrument authorises or requires a matter to be regulated by statutory instrument, the power may be exercised by prohibiting by statutory instrument the matter or any aspect of the matter. 28 Relationship between authorising law and statutory instrument concerning the same matter If an Act or statutory instrument (the authorising law) authorises or requires provision to be made with respect to a matter by statutory instrument, a statutory instrument made under the authorising law may make provision with respect to a particular aspect of the matter despite the fact that provision is made by the authorising law in relation to another aspect of the matter or in relation to another matter. 29 Statutory instrument may provide review (1) A statutory instrument may provide for the review of, or a right of appeal against, a decision made under— (a) the statutory instrument; or (b) the Act or other statutory instrument under which the statutory instrument is made or in force. (2) A statutory instrument that is a statutory rule may, for the purpose of subsection (1), confer jurisdiction on any court, tribunal, person or body. 30 Statutory instrument may require verification of form etc. A statutory instrument may require a form prescribed by or under the statutory instrument, or information or documents (whether or not included in, attached to or given with a form), to be verified by statutory declaration. 30A Reasonable cost etc. may be prescribed as fee If a power is conferred by a law for a statutory instrument to be made with respect to a fee for doing a thing, the power includes a power to prescribe the fee as an amount— (a) that a specified person or body considers to be reasonable; and (b) that is not more than the reasonable cost of doing the thing. 30B Statutory instrument may exempt from fee (1) If a power is conferred under a law for a statutory instrument to prescribe a fee, the power includes a power to— (a) exempt any person or matter from payment of the fee; or (b) waive payment of the fee for any person or matter. (2) If— (a) a law requires payment of a fee prescribed under a statutory instrument by a person or for a matter; and (b) either— (i) the person or matter is exempted under the statutory instrument from payment of the fee; or (ii) the fee is waived for the person or matter under the statutory instrument; the requirement to pay the fee is taken to have been satisfied. 31 Statutory instruments purporting to be made under a particular power A statutory instrument is taken to be made under all powers under which it may be made, even though it purports to be made under a particular Act or another statutory instrument (the authorising law) or a particular provision of the authorising law. 32 Prospective commencement (1) Subject to section 34, a statutory instrument commences— (a) if it is required to be notified or published in the gazette—on the day on which it is notified or published; or (b) if it is not required to be notified or published in the gazette—on the day on which it is made; or (c) if a later day or time is fixed in the statutory instrument—on that day or at that time. (2) If a statutory instrument that is required to be notified or published in the gazette is notified or published on a day after the day or time fixed by the statutory instrument for its commencement, the statutory instrument is valid, but commences on the day on which it is notified or published. 33 Commencement of citation and commencement provisions (1) The provisions of a statutory instrument providing for its citation and commencement commence, by force of this subsection— (a) if the statutory instrument is required to be notified or published in the gazette—on the day on which it is notified or published; or (b) if it is not required to be notified or published in the gazette—on the day on which it is made. (2) A reference— (a) in an Act to the commencement of a statutory instrument (the law concerned); or (b) in a statutory instrument to the commencement of an Act, the statutory instrument, or another statutory instrument, (also the law concerned); is a reference to— (c) if the provisions of the law concerned (other than those providing for its citation and commencement) commence, or are required to commence, on a single day or at a single time—the commencement of the remaining provisions; or (d) if paragraph (a) does not apply and the reference is in a provision of the law concerned—the commencement of the provision; or (e) in any other case—the commencement of the relevant provision of the law concerned. (3) Subsection (1) applies to a statutory instrument despite anything in the statutory instrument unless the statutory instrument expressly provides that it does not apply. 34 Beneficial retrospective commencement (1) A beneficial provision of a statutory instrument may be given retrospective operation if the statutory instrument expressly provides for that operation. (2) In this section— beneficial provision means a provision that does not operate to the disadvantage of a person (other than the State, a State authority or a local government) by— (a) decreasing the person's rights; or (b) imposing liabilities on the person. 35 Subdivision does not apply until necessary Governor or Governor in Council action taken If— (a) an Act or statutory instrument provides for the making of a statutory instrument by a person or body other than the Governor or Governor in Council; but (b) the instrument is required by law to be approved, confirmed or otherwise consented to by the Governor or Governor in Council; this subdivision does not apply to the instrument until the approval, confirmation or consent has been given. 36 Evidence of procedural details (1) This section applies to a copy of a statutory instrument if— (a) in the case of a copy in printed form—the copy is printed by the government printer; or (b) in any other case—the copy is authorised by the parliamentary counsel. (2) In a copy of a statutory instrument to which this section applies, a statement of any of the following matters is evidence of the matters— (a) when and by whom the statutory instrument was made, approved, confirmed or otherwise consented to; or (b) when and where the statutory instrument was published or notified; or (c) when the statutory instrument was laid before the Legislative Assembly. (3) A document or matter purporting to be a copy of a statutory instrument to which this section applies is taken to be such a copy unless the contrary is established. 37 Words and expressions Words and expressions used in a statutory instrument have the same meanings as they have, from time to time, in the Act or statutory instrument (the authorising law), or relevant provisions of the authorising law, under which the statutory instrument is made or in force. 38 References to certain instruments In a statutory instrument— Act or the Act, without mentioning a particular Act, means the Act under which the statutory instrument is made or in force. these rules of court includes any statutory instrument made under the rules. this by-law includes any statutory instrument made under the by-law. this order in council includes any statutory instrument made under the order. this ordinance includes any statutory instrument made under the ordinance. this regulation includes any statutory instrument made under the regulation. this rule includes any statutory instrument made under the rule. 39 Reference to enactment etc. of Acts In a statutory instrument, a reference to the enactment of an Act or the passing of an Act is a reference to the fact of the Act's having received the royal assent. 39A Automatic repeal of commencement instrument A statutory instrument made after 31 December 1994 that merely provides for the commencement of a law (including a provision of a law) is automatically repealed at the beginning of the day after the commencement, or, if different commencements are provided for, at the beginning of the day after the last commencement. 40 What part provides (1) This part provides, in division 2, guidelines for regulatory impact statements about proposed subordinate legislation. (2) Division 2 is directory only and does not create rights or impose legally enforceable obligations on the State, a Minister or anyone else. (3) However, it is Parliament's intention that the guidelines in division 2 be complied with before subordinate legislation is made. 41 Effect of failure to comply with guidelines (1) Failure to comply with division 2 in relation to subordinate legislation does not affect the legislation's validity. (2) In addition, a decision made, or appearing to be made, under division 2— (a) is final and conclusive; and (b) can not be challenged, appealed against, reviewed, quashed, set aside, or called in question in another way, under the Judicial Review Act 1991 (whether by the Supreme Court, another court, a tribunal or another entity); and (c) is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground. (3) In this section— decision includes— (a) conduct engaged in to make a decision; and (b) conduct related to making a decision; and (c) failure to make a decision. 42 Other legislation requirements are not affected If other legislation about a particular type of subordinate legislation provides requirements for publication or consultation about a proposal to make subordinate legislation— (a) division 2 does not affect the requirements; and (b) division 2 does not apply to the subordinate legislation if the requirements are of a comparable level to publication and consultation under the division. 43 Preparation of regulatory impact statement If proposed subordinate legislation is likely to impose appreciable costs on the community or a part of the community, then, before the legislation is made, a regulatory impact statement must be prepared about the legislation. 44 Content of regulatory impact statement A regulatory impact statement must include the following information about the proposed subordinate legislation in clear and precise language— (a) the provision of the Act or subordinate legislation under which the proposed legislation will be made (the authorising law); (b) a brief statement of the policy objectives of the proposed legislation and the reasons for them; (c) a brief statement of the way the policy objectives will be achieved by the proposed legislation and why this way of achieving them is reasonable and appropriate; (d) a brief explanation of how the proposed legislation is consistent with the policy objectives of the authorising law; (e) if the proposed legislation is inconsistent with the policy objectives of other legislation— (i) a brief explanation of the relationship with the other legislation; and (ii) a brief statement of the reasons for the inconsistency; (f) if appropriate, a brief statement of any reasonable alternative way of achieving the policy objectives (including the option of not making subordinate legislation) and why the alternative was rejected; (g) a brief assessment of the benefits and costs of implementing the proposed legislation that— (i) if practicable and appropriate, quantifies the benefits and costs; and (ii) includes a comparison of the benefits and costs with the benefits and costs of any reasonable alternative way of achieving the policy objectives stated under paragraph (f); (h) a brief assessment of the consistency of the proposed legislation with fundamental legislative principles and, if it is inconsistent with fundamental legislative principles, the reasons for the inconsistency. 45 Notification and making regulatory impact statement available (1) Preparation of a regulatory impact statement for proposed subordinate legislation must be notified in the gazette and in a newspaper likely to be read by people particularly affected by the proposed legislation. (2) If the proposed subordinate legislation is likely to have a significant impact on a particular group of people, the notice must be published in a way likely to ensure members of the group understand the purpose and content of the notice. (3) The notice must— (a) include a brief statement of the policy objectives sought to be achieved by the proposed subordinate legislation; and (b) state where copies of the regulatory impact statement may be obtained or inspected; and (c) if a draft of the proposed legislation may be obtained or inspected—state that the draft may be obtained or inspected and where; and (d) state that anyone may comment on the proposed legislation; and (e) state how and when comments may be made; and (f) state how consultation about the proposed legislation will take place. (4) The notice must allow at least 28 days from publication of the notice for the making of comments. (5) A copy of the regulatory impact statement must be available free, or on payment of a reasonable price, at the place, or each of the places, stated in the notice. 46 When is preparation of a regulatory impact statement unnecessary? (1) A regulatory impact statement need not be prepared for proposed subordinate legislation if the proposed legislation only provides for, or to the extent it only provides for, the following— (a) a matter that is not of a legislative character, including, for example, a matter of a machinery, administrative, drafting or formal nature; (b) a matter that does not operate to the disadvantage of any person (other than a government entity) by— (i) decreasing the person's rights; or (ii) imposing liabilities on the person; (c) an amendment of subordinate legislation to take account of current Queensland legislative drafting practice; (d) the commencement of an Act or subordinate legislation or a provision of an Act or subordinate legislation; (e) an amendment of subordinate legislation that does not fundamentally affect the legislation's application or operation; (f) a matter of a savings or transitional character; (g) a matter arising under legislation that is substantially uniform or complementary with legislation of the Commonwealth or another State; (h) a matter involving the adoption of an Australian or international protocol, standard, code, or intergovernmental agreement or instrument, if an assessment of the benefits and costs has already been made and the assessment was made for, or is relevant to, Queensland; (i) a matter advance notice of which would enable someone to gain unfair advantage; (j) an amendment of a fee, charge or tax consistent with announced government policy; (k) a notice about a code of practice made under the Work Health and Safety Act 2011, section 274; (l) a notice about a code of practice made under the Electricity Safety Act 2002, section 44; (m) a notice about a code of practice made under the Workers' Compensation and Rehabilitation Act 2003, section 486A. (2) A regulatory impact statement also need not be prepared for proposed subordinate legislation if, or to the extent, it would be against the public interest because of the nature of the proposed legislation or the circumstances in which it is made. Example— The subordinate legislation may need to be made urgently for controlling the spread of a disease or dealing with another urgent situation. 47 Notification (1) Subordinate legislation must be notified in the gazette. (2) For subordinate legislation (other than exempt subordinate legislation), subsection (1) may be complied with— (a) by publication in the gazette of a notice of the making of subordinate legislation and a place or places where copies are available; or (b) by publication in the gazette of the subordinate legislation. (3) For exempt subordinate legislation, subsection (1) may only be complied with by publication in the gazette of the subordinate legislation. 48 Copies to be available (1) This section applies only to subordinate legislation notified under section 47(2)(a). (2) On the day the subordinate legislation is notified (the notification day) or as soon as practicable after the notification day, copies of the subordinate legislation must be available (for purchase or free of charge) at the place, or each of the places, stated in the notice. (3) If, on the notification day, copies of the subordinate legislation are not available at the place, or any of the places, stated in the notice, the relevant Minister must table in the Legislative Assembly within 14 sitting days a statement— (a) advising that copies of the legislation were not available; and (b) explaining why they were not available. (4) However, failure to comply with subsection (2) or (3) does not affect the validity of the notification or the subordinate legislation. (5) In this section— relevant Minister means the Minister responsible for government printing and publishing. 49 Subordinate legislation must be tabled (1) Subordinate legislation must be tabled in the Legislative Assembly within 14 sitting days after it is notified in the gazette. (2) If subordinate legislation is not tabled under subsection (1), it ceases to have effect. (3) In this section— subordinate legislation includes a form required, under an Act or a regulation under this Act, to be tabled in the Legislative Assembly. 50 Disallowance (1) The Legislative Assembly may pass a resolution disallowing subordinate legislation if notice of a disallowance motion is given by a member within 14 sitting days after the legislation is tabled in the Legislative Assembly. (2) If the disallowance motion is not moved on the day for its consideration, the motion lapses. (3) If the resolution is passed, the subordinate legislation ceases to have effect. (4) Also, if the resolution has not been disposed of at the end of 14 sitting days after notice is given (whether by withdrawal or lapsing of the disallowance motion or in another way), the subordinate legislation ceases to have effect. (5) In this section— subordinate legislation includes— (a) a provision of subordinate legislation; and (b) a form required, under an Act or a regulation under this Act, to be tabled in the Legislative Assembly. 51 Limited saving of operation of subordinate legislation that ceases to have effect (1) This section applies if subordinate legislation ceases to have effect because it is not tabled or is disallowed. (2) The subordinate legislation is taken never to have been made or approved and any law or provision of a law repealed or amended by the legislation is revived. (3) However, subsection (2) does not affect anything done or suffered under the legislation before it ceased to have effect. (4) In this section— subordinate legislation includes— (a) a provision of subordinate legislation; and (b) a form required, under an Act or a regulation under this Act, to be tabled in the Legislative Assembly. 52 Other notification, gazettal, tabling or disallowance provisions of no effect A provision of another Act that provides for, or to the extent that it provides for, the notification, gazettal, tabling or disallowance of a particular type of subordinate legislation is of no effect. 53 Purposes of part The purposes of this part are to— (a) reduce substantially the regulatory burden on the people of Queensland without compromising law and order and essential economic, environmental and social objectives; and (b) ensure subordinate legislation is relevant to the economic, social and general wellbeing of the people of Queensland; and (c) otherwise ensure the part of the Queensland statute book consisting of subordinate legislation is of the highest standard. 54 When subordinate legislation expires (1) Subordinate legislation expires on 1 September first occurring after the 10th anniversary of the day of its making unless— (a) it is sooner repealed or expires; or (b) a regulation is made exempting it from expiry. (2) Subordinate legislation exempted from expiry under a regulation under this Act expires when the exemption ends. 55 Notice by parliamentary counsel of impending expiry (1) The parliamentary counsel must notify administering departments and agencies of when the following subordinate legislation will expire under this Act— (a) subordinate legislation published in the Queensland Subordinate Legislation Series; (b) subordinate legislation prescribed by regulation. (2) The notice must be given at least 6 months before the expiry. (3) Failure to give the notice does not affect the expiry. 56 Exemptions from expiry—uniform subordinate legislation (1) A regulation under this Act made before uniform subordinate legislation expires under this part may exempt the legislation from expiry for a stated period of not more than 5 years after the uniform subordinate legislation would otherwise expire. (2) If a regulation is made under subsection (1), the period of exemption stated in the regulation may be extended by regulation made under subsection (1) for further periods of not more than 5 years each. 56A Exemptions from expiry—other subordinate legislation (1) A regulation under this Act made before subordinate legislation, other than uniform subordinate legislation, expires under this part may exempt the legislation from expiry, for a stated period of not more than 1 year after the subordinate legislation would otherwise expire— (a) for either of the following reasons— (i) replacement subordinate legislation is being drafted and is proposed to be made before the stated period ends; (ii) the subordinate legislation is not proposed to be replaced by other subordinate legislation made under the Act under which or in relation to which it was made or preserved when it expires at the end of the stated period; or (b) for the stated reason that the Act or provision under which or in relation to which the subordinate legislation, or part of the subordinate legislation, is made or preserved is subject to review. (2) If a regulation is made under subsection (1), the period of exemption stated in the regulation may be further extended by regulation (extension regulation) for further periods of not more than 1 year each. (3) However, an extension regulation— (a) must be made before the subordinate legislation expires; and (b) may be made only for the stated reason under subsection (1)(b). (4) Within 7 sittings days after the extension regulation is made, the responsible Minister for the subordinate legislation being exempted must table in the Legislative Assembly a report stating— (a) how the Act or provision is subject to review; and (b) if subsection (6)(a) applies— (i) the extent to which the Act or provision is being reviewed; and (ii) when the Minister expects the review to end. (5) However, failure to comply with subsection (4) does not affect the validity of the extension regulation. (6) For this section, an Act or provision is subject to review if— (a) the Act or provision is being reviewed by any Minister; or (b) because of a review of an Act or provision by any Minister, a Bill for an Act to repeal or amend the Act or provision is being drafted or has been introduced into the Legislative Assembly; or (c) an Act repealing or amending the Act or provision has been enacted because of a review of an Act or provision by any Minister, but the repeal or amendment has not yet entirely commenced. (7) In this section— responsible Minister, for subordinate legislation, means the Minister responsible for administering the Act or provision under which or in relation to which the subordinate legislation is made or preserved. 57 Part does not apply to some subordinate legislation (1) This part does not apply to subordinate legislation requiring a resolution of the Legislative Assembly before it may be repealed or the status of land to which it applies may be changed. (2) Also, this part does not apply to subordinate legislation mentioned in schedule 2A. 58 Forms—notification and availability (1) This section applies if under an Act or subordinate legislation (the authorising law) forms are to be approved or made available by an entity. (2) A form under the authorising law must have a heading stating the name of the authorising law and briefly indicating the form's purpose. (3) All forms under the authorising law must be numbered using a system that gives each form a unique number. Examples— 1 Forms may be numbered consecutively starting with the number 1. 2 Forms may be numbered to reflect the provisions of the Act to which they relate. (4) All versions of a form under the authorising law must be numbered consecutively using a system that gives each version of the form a unique number. (5) The approval or availability under the authorising law of a form, or a new version of a form, must be notified in the gazette. (6) Subsection (5) may be complied with— (a) by publication in the gazette of a notice of— (i) the approval or availability of the form; and (ii) the form's heading, number and version number; and (iii) a place or places where copies are available; or (b) by publication in the gazette of the form. (7) On the day the approval or availability of the form is notified or as soon as practicable after the day, copies of the form must be available (for purchase or free of charge) at the place, or each of the places, stated in the notice. (8) Failure to comply with this section does not affect a form's validity. (9) This section does not apply to a form declared by regulation under this Act to be a form to which this section does not apply. 59 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) Without limiting subsection (1), a regulation may declare subordinate legislation to be uniform subordinate legislation for this Act if there are reasonable grounds for considering the subordinate legislation to be uniform subordinate legislation. 62 Transitional provisions about expiry of amending subordinate legislation (1) If subordinate legislation (the expired legislation) made before 1 July 1994 expires under this Act, any subordinate legislation made before 1 July 1994 (the amending legislation) that amends the expired legislation, and consists only of provisions of the following types, expires at the same time— (a) words of notification; (b) a provision about the amending legislation's citation; (c) a provision about the amending legislation's commencement; (d) a provision providing for the amendment or repeal of an Act, subordinate legislation or other instrument (including a provision identifying the amended or repealed instrument); (e) a provision declaring subordinate legislation or a provision of subordinate legislation to be a law to which section 20A of the Acts Interpretation Act 1954 applies; (f) a provision that is spent, has expired or otherwise ceased to have effect; (g) a savings, transitional or validating provision relating only to— (i) the expired legislation or an instrument amending the expired legislation; or (ii) a time or event that has passed. (2) If subordinate legislation (the unexpired legislation) made before 1 July 1994 does not expire under this Act because it has been exempted from expiry, then, while the unexpired legislation is exempted from expiry, any subordinate legislation made before 1 July 1994 that amends the unexpired legislation, and includes provisions not of a type mentioned in subsection (1)(a) to (g), is also exempted from expiry. 62A Transitional provisions for exemptions (1) Section 56A(6)(b) and (c) apply even though the review mentioned in the provisions started or happened before the commencement of the provisions. (2) For the period from the commencement of this section— (a) for section 56(1), subordinate legislation mentioned in the Statutory Instruments Regulation 1992, schedule 2A is taken to have been exempted under a regulation made under section 56(1); and (b) for section 56A(1)(a), subordinate legislation mentioned in the Statutory Instruments Regulation 1992, section 8 or schedule 3 or 4 is taken to have been exempted under a regulation made under section 56A(1)(a). 63 Amendment of regulation by Trade Measurement Legislation Repeal Act 2009 does not affect powers of Governor in Council The amendment of the Statutory Instruments Regulation 2002 by the Trade Measurement Legislation Repeal Act 2009 does not affect the power of the Governor in Council to further amend the regulation or to repeal it. - SCHEDULE 1 PROVISIONS OF ACTS INTERPRETATION ACT 1954 THAT APPLY TO STATUTORY INSTRUMENTS section 6 section 7 sections 9 and 9A section 13A section 13B sections 14–14D sections 14F–14J section 15B section 15D(1) section 15E section 17 sections 18–25 sections 27A–29B part 8 (other than section 36, definitions enactment and passing) parts 9–11 sections 48A–49A section 52 - SCHEDULE 1A STATUTORY RULES THAT ARE NOT SUBORDINATE LEGISLATION 1 a statutory rule under the Constitution of Queensland 2001, section 15, 40, 41, 43 or 44 2 a proclamation under the Senate Elections Act 1960, section 3 - SCHEDULE 2 PROVISIONS OF ACTS INTERPRETATION ACT 1954 THAT DO NOT APPLY TO STATUTORY INSTRUMENTS part 1 section 7 sections 10–13 sections 15–15A section 15C section 16 section 17A - SCHEDULE 2A SUBORDINATE LEGISLATION TO WHICH PART 7 DOES NOT APPLY Drugs Misuse Regulation 1987 Nature Conservation (Protected Areas) Regulation 1994 Superannuation (State Public Sector) Deed 1990 Traffic Regulation 1962 Weapons Categories Regulation 1997 a management plan under the Wet Tropics World Heritage Protection and Management Act 1993 a proclamation under the Fair Work (Commonwealth Powers) and Other Provisions Act 2009 - SCHEDULE 3 DICTIONARY benefits includes— (a) advantages; and (b) direct and indirect economic, environmental and social benefits. costs includes— (a) burdens and disadvantages; and (b) direct and indirect economic, environmental and social costs. exempt subordinate legislation has the same meaning as in the Legislative Standards Act 1992. government entity means— (a) the Commonwealth, a State or a local government; or (b) an instrumentality or agency of the Commonwealth, a State or a local government. instrument see section 6 of this Act. make includes prepare. order in council see section 10 of this Act. proclamation see section 11 of this Act. rules of court see section 12 of this Act. State includes Territory. statutory instrument see section 7 of this Act. statutory rule see section 8 of this Act. subordinate legislation see section 9 of this Act. uniform subordinate legislation means subordinate legislation that is substantially uniform or complementary with legislation of the Commonwealth or another State or declared under a regulation under section 59(2) to be uniform subordinate legislation. - NOTES Page Date to which amendments incorporated 48 Key 48 Table of reprints 49 Tables in earlier reprints 50 List of legislation 50 List of annotations 52 This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 January 2012. Future amendments of the Statutory Instruments Act 1992 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised edition num = numbered s = section o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2002 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnum = unnumbered Reprint No. Amendments to Effective Reprint date 1 none 1 June 1992 1 June 1992 2 1992 Act No. 68 7 December 1992 9 December 1992 3 1993 Act No. 32 3 June 1993 23 June 1993 4 1993 Act No. 76 14 December 1993 23 December 1993 5 1994 Act No. 15 1 July 1994 1 July 1994 6 1994 Act No. 87 1 December 1994 21 December 1994 6A 1995 Act No. 58 28 November 1995 25 June 1996 6B 1997 Act No. 9 15 May 1997 23 May 1997 7 1997 Act No. 9 15 May 1997 20 June 1997 7A 1997 Act No. 48 14 November 1997 21 November 1997 8 1997 Act No. 48 14 November 1997 3 July 1998 8A 1998 Act No. 42 27 November 1998 4 December 1998 8B 1998 Act No. 42 1 January 1999 5 February 1999 8C 1999 Act No. 30 16 June 1999 2 July 1999 9 1999 Act No. 30 1 January 2000 3 March 2000 9A 2000 Act No. 46 25 October 2000 8 November 2000 9B 2000 Act No. 58 17 November 2000 29 November 2000 10 2000 Act No. 58 17 November 2000 2 March 2001 10A 2001 Act No. 80 6 June 2002 14 June 2002 Reprint No. Amendments included Effective Notes 10B — 2 July 2003 provs exp 1 July 2003 10C 2004 Act No. 45 18 November 2004 10D 2005 Act No. 53 18 November 2005 10E 2005 Act No. 70 8 December 2005 R10E withdrawn, see R11 11 — 8 December 2005 11A 2009 Act No. 49 10 December 2009 11B 2009 Act No. 50 1 July 2010 11C 2011 Act No. 18 1 January 2012 Name of table Reprint No. Changed names and titles 5 Corrected minor errors 4, 10, 11 [../images/StatutryInstA92-4.gif]