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Queensland
STATUTORY INSTRUMENTS
AND ANOTHER ACT
AMENDMENT BILL 1999
Queensland
STATUTORY INSTRUMENTS AND
ANOTHER ACT AMENDMENT BILL 1999
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Replacement of s 56 (Exemptions from expiry) . . . . . . . . . . . . . . . . . . . . . . 4
56 Exemptions from expiry--uniform subordinate legislation . . . . . . . . 4
56A Exemptions from expiry--other subordinate legislation . . . . . . . . . . 4
4 Amendment of s 59 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Insertion of new pt 10, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Amendment of s 62 (Transitional provisions about expiry of
amending subordinate legislation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
7 Insertion of new pt 10, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 2--Transitional provision for Statutory Instruments
Amendment Act 1999
62A Transitional provisions for exemptions . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Amendment of sch 2A (Subordinate legislation to which part 7
does not apply) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 9
AMENDMENT OF TRANSPORT INFRASTRUCTURE ACT 1994
1999
A BILL
FOR
An Act to amend the Statutory Instruments Act 1992, and for other
purposes
s1 4 s3
Statutory Instruments and Another Act
Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Statutory Instruments and Another Act 3
Amendment Act 1999. 4
amended 5
Act
Clause 2.(1) This Act, other than the schedule, amends the Statutory Instruments 6
Act 1992. 7
(2) The schedule amends the Transport Infrastructure Act 1994. 8
of s 56 (Exemptions from expiry) 9
Replacement
Clause 3. Section 56-- 10
omit, insert-- 11
from expiry--uniform subordinate legislation 12
`Exemptions
`56.(1) A regulation under this Act made before uniform subordinate 13
legislation expires under this part may exempt the legislation from expiry 14
for a stated period of not more than 5 years after the uniform subordinate 15
legislation would otherwise expire. 16
`(2) If a regulation is made under subsection (1), the period of exemption 17
stated in the regulation may be extended by regulation made under 18
subsection (1) for further periods of not more than 5 years each. 19
from expiry--other subordinate legislation 20
`Exemptions
`56A.(1) A regulation under this Act made before subordinate legislation, 21
other than uniform subordinate legislation, expires under this part may 22
exempt the legislation from expiry, for a stated period of not more than 23
1 year after the subordinate legislation would otherwise expire-- 24
s3 5 s3
Statutory Instruments and Another Act
Amendment
(a) for either of the following reasons-- 1
(i) replacement subordinate legislation is being drafted and is 2
proposed to be made before the stated period ends; 3
(ii) the subordinate legislation is not proposed to be replaced by 4
other subordinate legislation made under the Act under 5
which or in relation to which it was made or preserved when 6
it expires at the end of the stated period; or 7
(b) for the stated reason that the Act or provision under which or in 8
relation to which the subordinate legislation, or part of the 9
subordinate legislation, is made or preserved is subject to review. 10
`(2) If a regulation is made under subsection (1), the period of exemption 11
stated in the regulation may be further extended by regulation ("extension 12
regulation") for further periods of not more than 1 year each. 13
`(3) However, an extension regulation-- 14
(a) must be made before the subordinate legislation expires; and 15
(b) may be made only for the stated reason under subsection (1)(b). 16
`(4) Within 7 sittings days after the extension regulation is made, the 17
responsible Minister for the subordinate legislation being exempted must 18
table in the Legislative Assembly a report stating-- 19
(a) how the Act or provision is subject to review; and 20
(b) if subsection (6)(a) applies-- 21
(i) the extent to which the Act or provision is being reviewed; 22
and 23
(ii) when the Minister expects the review to end. 24
`(5) However, failure to comply with subsection (4) does not affect the 25
validity of the extension regulation. 26
`(6) For this section, an Act or provision is "subject to review" if-- 27
(a) the Act or provision is being reviewed by any Minister; or 28
(b) because of a review of an Act or provision by any Minister, a Bill 29
for an Act to repeal or amend the Act or provision is being drafted 30
or has been introduced into the Legislative Assembly; or 31
s4 6 s6
Statutory Instruments and Another Act
Amendment
(c) an Act repealing or amending the Act or provision has been 1
enacted because of a review of an Act or provision by any 2
Minister, but the repeal or amendment has not yet entirely 3
commenced. 4
`(7) In this section-- 5
"responsible Minister", for subordinate legislation, means the Minister 6
responsible for administering the Act or provision under which or in 7
relation to which the subordinate legislation is made or preserved.'. 8
of s 59 (Regulations) 9
Amendment
Clause 4.(1) Section 59, heading-- 10
omit, insert-- 11
`Regulation-making power'. 12
(2) Section 59-- 13
insert-- 14
`(2) Without limiting subsection (1), a regulation may declare 15
subordinate legislation to be uniform subordinate legislation for this Act.'. 16
of new pt 10, div 1 hdg 17
Insertion
Clause 5. Part 10, before section 62-- 18
insert-- 19
`Division 1--Transitional provision for Act No. 83 of 1994'. 20
of s 62 (Transitional provisions about expiry of 21
Amendment
amending subordinate legislation) 22
Clause 6. Section 62(3)-- 23
omit. 24
s7 7 s9
Statutory Instruments and Another Act
Amendment
of new pt 10, div 2 1
Insertion
Clause 7. Part 11, after section 62-- 2
insert-- 3
`Division 2--Transitional provision for Statutory Instruments 4
Amendment Act 1999 5
provisions for exemptions 6
`Transitional
`62A.(1) Section 56A(6)(b) and (c) apply even though the review 7
mentioned in the provisions started or happened before the commencement 8
of the provisions. 9
`(2) For the period from the commencement of this section-- 10
(a) for section 56(1), subordinate legislation mentioned in the 11
Statutory Instruments Regulation 1992, schedule 5 is taken to 12
have been exempted under a regulation made under section 56(1); 13
and 14
(b) for section 56A(1)(a), subordinate legislation mentioned in the 15
Statutory Instruments Regulation 1992, section 8 or schedule 3 or 16
4 is taken to have been exempted under a regulation made under 17
section 56A(1)(a).'. 18
of sch 2A (Subordinate legislation to which part 7 does 19
Amendment
not apply) 20
Clause 8. Schedule 2A-- 21
insert-- 22
`Traffic Regulation 1962'. 23
of sch 3 (Dictionary) 24
Amendment
Clause 9. Schedule 3-- 25
insert-- 26
s9 8 s9
Statutory Instruments and Another Act
Amendment
` "uniform subordinate legislation" means subordinate legislation that is 1
substantially uniform or complementary with legislation of the 2
Commonwealth or another State or declared under a regulation to be 3
uniform subordinate legislation.'. 4
5
9
Statutory Instruments and Another Act
Amendment
SCHEDULE 1
¡
MENDMENT OF TRANSPORT INFRASTRUCTURE 2
A
ACT 1994 3
section 2(2) 4
1. Section 228(3), `5 years after it commences'-- 5
omit, insert-- 6
`on 1 July 2000'. 7
2. Section 232(8), `5 years after it commences'-- 8
omit, insert-- 9
`on 1 July 2000'. 10
3. Section 235(5), `1999'-- 11
omit, insert-- 12
`2000'. 13
4. Section 240(2), `5 years after it commences'-- 14
omit, insert-- 15
`on 1 July 2000'. 16
© State of Queensland 1999
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