Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
STATUTORY INSTRUMENTS
AND LEGISLATIVE
STANDARDS AMENDMENT
BILL 1994
Queensland
STATUTORY INSTRUMENTS AND
LEGISLATIVE STANDARDS
AMENDMENT BILL 1994
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--AMENDMENT OF STATUTORY INSTRUMENTS ACT
1992
2 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Replacement of s 5 (Act binds Crown) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5A Act binds the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Replacement of Pts 5 and 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
PART 5--GUIDELINES FOR REGULATORY IMPACT
STATEMENTS
Division 1--Introductory
40 What Part provides . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
41 Effect of failure to comply with guidelines . . . . . . . . . . . . . . . . . . . . 7
42 Other legislation requirements are not affected . . . . . . . . . . . . . . . . 8
Division 2--Regulatory impact statements
43 Preparation of regulatory impact statement . . . . . . . . . . . . . . . . . . . . 8
44 Content of regulatory impact statement . . . . . . . . . . . . . . . . . . . . . . . 8
45 Notification and making regulatory impact statement available . . . 9
46 When is preparation of a regulatory impact statement
unnecessary? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2
Statutory Instruments and Legislative
Standards Amendment
PART 6--PROCEDURES AFTER MAKING OF
SUBORDINATE LEGISLATION
Division 1--Notification and making copies available
47 Notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
48 Copies to be available . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 2--Tabling in Legislative Assembly
49 Subordinate legislation must be tabled . . . . . . . . . . . . . . . . . . . . . . . 13
Division 3--Disallowance procedures
50 Disallowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 4--General
51 Limited saving of operation of subordinate legislation that
ceases to have effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
52 Other notification, gazettal, tabling or disallowance
provisions of no effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
PART 7--STAGED AUTOMATIC EXPIRY OF SUBORDINATE
LEGISLATION
53 Purposes of Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
54 When subordinate legislation expires . . . . . . . . . . . . . . . . . . . . . . . . 15
55 Notice by Parliamentary Counsel of impending expiry . . . . . . . . . . 16
56 Exemptions from expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
57 Part does not apply to some subordinate legislation . . . . . . . . . . . . . 16
PART 8--FORMS
58 Forms--notification and availability . . . . . . . . . . . . . . . . . . . . . . . . . 17
PART 9--MISCELLANEOUS
59 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
PART 10--TRANSITIONAL
60 Application of Pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
61 Transitional provisions about expiry of subordinate legislation . . . . 19
62 Transitional provisions about expiry of amending
subordinate legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
63 Transitional provisions about forms . . . . . . . . . . . . . . . . . . . . . . . . . . 20
3
Statutory Instruments and Legislative
Standards Amendment
5 Insertion of Sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
SCHEDULE 3
DICTIONARY
PART 3--AMENDMENT OF LEGISLATIVE STANDARDS ACT
1992
6 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
7 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
8 Amendment of s 4 (Meaning of "fundamental legislative principles") . . . 23
9 Amendment of s 7 (Functions of Office) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
10 Replacement of Pt 4 (Miscellaneous) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
PART 4--EXPLANATORY NOTES
22 Explanatory note must be tabled with Bill or significant
subordinate legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
23 Content of explanatory note for Bill . . . . . . . . . . . . . . . . . . . . . . . . . . 24
24 Content of explanatory note for significant subordinate
legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
25 Validity of legislation is not affected by failure to comply
with Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
PART 5--MISCELLANEOUS
26 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
27 References to exempt instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
PART 4--AMENDMENT OF ACTS INTERPRETATION ACT
1954
11 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
12 Amendment of s 22C (Automatic repeal of amending Act) . . . . . . . . . . . . 27
13 Replacement of s 29B (Determination of number of sitting days) . . . . . . . 27
29B Working out number of sitting days . . . . . . . . . . . . . . . . . . . . . . . . . . 27
14 Amendment of s 36 (Meaning of commonly used words and
expressions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
PART 5--REPEALS
15 Acts repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
1994
A BILL
FOR
An Act to amend the Statutory Instruments Act 1992, Legislative
Standards Act 1992 and Acts Interpretation Act 1954, and for
related purposes
s1 6 s3
Statutory Instruments and Legislative
Standards Amendment
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause 1. This Act may be cited as the Statutory Instruments and Legislative 4
Standards Amendment Act 1994. 5
ART 2--AMENDMENT OF STATUTORY 6
P
INSTRUMENTS ACT 1992 7
Act 8
Amended
Clause 2. This Part amends the Statutory Instruments Act 1992. 9
of s 5 (Act binds Crown) 10
Replacement
Clause 3. Section 5-- 11
omit, insert-- 12
13
`Dictionary
`5. The dictionary 1 in Schedule 3 defines particular words used in this 14
Act. 15
binds the State 16
`Act
`5A. This Act binds the State.'. 17
1 In some Acts, definitions are contained in a dictionary that appears as the last
Schedule and forms part of the Act--see Acts Interpretation Act 1954, section 14.
s4 7 s4
Statutory Instruments and Legislative
Standards Amendment
of Pts 5 and 6 1
Replacement
Clause 4. Parts 5 and 6-- 2
omit, insert-- 3
PART 5--GUIDELINES FOR REGULATORY 4
`
IMPACT STATEMENTS 5
`Division 1--Introductory 6
Part provides 7
`What
`40.(1) This Part provides, in Division 2, guidelines for regulatory 8
impact statements about proposed subordinate legislation. 9
`(2) Division 2 is directory only and does not create rights or impose 10
legally enforceable obligations on the State, a Minister or anyone else. 11
`(3) However, it is Parliament's intention that the guidelines in 12
Division 2 be complied with before subordinate legislation is made. 13
of failure to comply with guidelines 14
`Effect
`41.(1) Failure to comply with Division 2 in relation to subordinate 15
legislation does not affect the legislation's validity. 16
`(2) In addition, a decision made, or appearing to be made, under 17
Division 2 or 3-- 18
(a) is final and conclusive; and 19
(b) cannot be challenged, appealed against, reviewed, quashed, set 20
aside, or called in question in another way, under the Judicial 21
Review Act 1991 (whether by the Supreme Court, another court, a 22
tribunal or another entity); and 23
(c) is not subject to any writ or order of the Supreme Court, another 24
court, a tribunal or another entity on any ground. 25
`(3) In this section-- 26
"decision" includes-- 27
s4 8 s4
Statutory Instruments and Legislative
Standards Amendment
(a) conduct engaged in to make a decision; and 1
(b) conduct related to making a decision; and 2
(c) failure to make a decision. 3
legislation requirements are not affected 4
`Other
`42. If other legislation about a particular type of subordinate legislation 5
provides requirements for publication or consultation about a proposal to 6
make subordinate legislation-- 7
(a) Division 2 does not affect the requirements; and 8
(b) Division 2 does not apply to the subordinate legislation if the 9
requirements are of a comparable level to publication and 10
consultation under the Division. 11
`Division 2--Regulatory impact statements 12
of regulatory impact statement 13
`Preparation
`43. If proposed subordinate legislation is likely to impose appreciable 14
costs on the community or a part of the community, then, before the 15
legislation is made, a regulatory impact statement must be prepared about 16
the legislation.2 17
of regulatory impact statement 18
`Content
`44. A regulatory impact statement must include the following 19
information about the proposed subordinate legislation in clear and precise 20
language-- 21
(a) the provision of the Act or subordinate legislation under which 22
the proposed legislation will be made (the "authorising law"); 23
2 Sections 42 and 46 specify particular circumstances when a regulatory impact
statement is not required. Also, under section 60, a regulatory impact statement
is not needed for subordinate legislation made before 1 July 1995 but may be
prepared voluntarily.
s4 9 s4
Statutory Instruments and Legislative
Standards Amendment
(b) a brief statement of the policy objectives of the proposed 1
legislation and the reasons for them; 2
(c) a brief statement of the way the policy objectives will be achieved 3
by the proposed legislation and why this way of achieving them 4
is reasonable and appropriate; 5
(d) a brief explanation of how the proposed legislation is consistent 6
with the policy objectives of the authorising law; 7
(e) if the proposed legislation is inconsistent with the policy 8
objectives of other legislation-- 9
(i) a brief explanation of the relationship with the other 10
legislation; and 11
(ii) a brief statement of the reasons for the inconsistency; 12
(f) if appropriate, a brief statement of any reasonable alternative way 13
of achieving the policy objectives (including the option of not 14
making subordinate legislation) and why the alternative was 15
rejected; 16
(g) a brief assessment of the benefits and costs of implementing the 17
proposed legislation that-- 18
(i) if practicable and appropriate, quantifies the benefits and 19
costs; and 20
(ii) includes a comparison of the benefits and costs with the 21
benefits and costs of any reasonable alternative way of 22
achieving the policy objectives stated under paragraph (f); 23
(h) a brief assessment of the consistency of the proposed legislation 24
with fundamental legislative principles and, if it is inconsistent 25
with fundamental legislative principles, the reasons for the 26
inconsistency. 27
and making regulatory impact statement available 28
`Notification
`45.(1) Preparation of a regulatory impact statement for proposed 29
subordinate legislation must be notified in the Gazette and in a newspaper 30
likely to be read by people particularly affected by the proposed legislation. 31
s4 10 s4
Statutory Instruments and Legislative
Standards Amendment
`(2) If the proposed subordinate legislation is likely to have a significant 1
impact on a particular group of people, the notice must be published in a 2
way likely to ensure members of the group understand the purpose and 3
content of the notice. 4
`(3) The notice must-- 5
(a) include a brief statement of the policy objectives sought to be 6
achieved by the proposed subordinate legislation; and 7
(b) state where copies of the regulatory impact statement may be 8
obtained or inspected; and 9
(c) if a draft of the proposed legislation may be obtained or 10
inspected--state that the draft may be obtained or inspected and 11
where; and 12
(d) state that anyone may comment on the proposed legislation; and 13
(e) state how and when comments may be made; and 14
(f) state how consultation about the proposed legislation will take 15
place. 16
`(4) The notice must allow at least 28 days from publication of the notice 17
for the making of comments. 18
`(5) A copy of the regulatory impact statement must be available free, or 19
on payment of a reasonable price, at the place, or each of the places, stated 20
in the notice. 21
is preparation of a regulatory impact statement unnecessary? 22
`When
`46.(1) A regulatory impact statement need not be prepared for proposed 23
subordinate legislation3 if the proposed legislation only provides for, or to 24
the extent it only provides for, the following-- 25
(a) a matter that is not of a legislative character, including, for 26
example, a matter of a machinery, administrative, drafting or 27
formal nature; 28
3 Section 42 also specifies particular circumstances when a regulatory impact
statement is not required.
s4 11 s4
Statutory Instruments and Legislative
Standards Amendment
(b) a matter that does not operate to the disadvantage of any person 1
(other than a government entity) by-- 2
(i) decreasing the person's rights; or 3
(ii) imposing liabilities on the person; 4
(c) an amendment of subordinate legislation to take account of 5
current Queensland legislative drafting practice; 6
(d) the commencement of an Act or subordinate legislation or a 7
provision of an Act or subordinate legislation; 8
(e) an amendment of subordinate legislation that does not 9
fundamentally affect the legislation's application or operation; 10
(f) a matter of a savings or transitional character; 11
(g) a matter arising under legislation that is substantially uniform or 12
complementary with legislation of the Commonwealth or another 13
State; 14
(h) a matter involving the adoption of an Australian or international 15
protocol, standard, code, or intergovernmental agreement or 16
instrument, if an assessment of the benefits and costs has already 17
been made and the assessment was made for, or is relevant to, 18
Queensland; 19
(i) a matter advance notice of which would enable someone to gain 20
unfair advantage; 21
(j) an amendment of a fee, charge or tax consistent with announced 22
government policy; 23
(k) a notice about a code of practice approved under section 34 of the 24
Workplace Health and Safety Act 1989. 25
`(2) A regulatory impact statement also need not be prepared for 26
proposed subordinate legislation if, or to the extent, it would be against the 27
public interest because of the nature of the proposed legislation or the 28
circumstances in which it is made. 29
30
Example--
31
The subordinate legislation may need to be made urgently for controlling the
32
spread of a disease or dealing with another urgent situation.
s4 12 s4
Statutory Instruments and Legislative
Standards Amendment
ART 6--PROCEDURES AFTER MAKING OF 1
`P
SUBORDINATE LEGISLATION 2
1--Notification and making copies available 3
`Division
4
`Notification
`47.(1) Subordinate legislation must be notified in the Gazette. 5
`(2) For subordinate legislation (other than exempt subordinate 6
legislation4), subsection (1) may be complied with-- 7
(a) by publication in the Gazette of a notice of the making of 8
subordinate legislation and a place or places where copies are 9
available; or 10
(b) by publication in the Gazette of the subordinate legislation. 11
`(3) For exempt subordinate legislation, subsection (1) may only be 12
complied with by publication in the Gazette of the subordinate legislation. 13
to be available 14
`Copies
`48.(1) This section applies only to subordinate legislation notified under 15
section 47(2)(a). 16
`(2) On the day the subordinate legislation is notified (the "notification 17
day") or as soon as practicable after the notification day, copies of the 18
subordinate legislation must be available (for purchase or free of charge) at 19
the place, or each of the places, stated in the notice. 20
`(3) If, on the notification day, copies of the subordinate legislation are 21
not available at the place, or any of the places, stated in the notice, the 22
relevant Minister must table in the Legislative Assembly within 14 sitting 23
days a statement-- 24
(a) advising that copies of the legislation were not available; and 25
4 Exempt subordinate legislation is subordinate legislation that is not drafted by
the Office of the Queensland Parliamentary Counsel--see Legislative Standards
Act 1992, section 2, definition "exempt subordinate legislation" and section 7(e).
s4 13 s4
Statutory Instruments and Legislative
Standards Amendment
(b) explaining why they were not available. 1
`(4) However, failure to comply with subsection (2) or (3) does not 2
affect the validity of the notification or the subordinate legislation. 3
`(5) In this section-- 4
"relevant Minister" means the Minister responsible for government 5
printing and publishing. 6
`Division 2--Tabling in Legislative Assembly 7
legislation must be tabled 8
`Subordinate
`49.(1) Subordinate legislation must be tabled in the Legislative 9
Assembly within 14 sitting days after it is notified in the Gazette.5 10
`(2) If subordinate legislation is not tabled under subsection (1), it ceases 11
to have effect. 12
`(3) In this section-- 13
"subordinate legislation" includes a form required, under an Act or a 14
regulation under this Act, to be tabled in the Legislative Assembly. 15
3--Disallowance procedures 16
`Division
17
`Disallowance
`50.(1) The Legislative Assembly may pass a resolution disallowing 18
subordinate legislation if notice of a disallowance motion is given by a 19
Member within 14 sitting days after the legislation is tabled in the 20
Legislative Assembly. 21
`(2) If the disallowance motion is not moved on the day for its 22
consideration, the motion lapses. 23
`(3) If the resolution is passed, the subordinate legislation ceases to have 24
5 Under section 22 of the Legislative Standards Act 1992, explanatory notes must
be tabled with significant subordinate legislation.
s4 14 s4
Statutory Instruments and Legislative
Standards Amendment
effect. 1
`(4) Also, if the resolution has not been disposed of at the end of 2
14 sitting days after notice is given (whether by withdrawal or lapsing of the 3
disallowance motion or in another way), the subordinate legislation ceases 4
to have effect. 5
`(5) In this section-- 6
"subordinate legislation" includes-- 7
(a) a provision of subordinate legislation; and 8
(b) a form required, under an Act or a regulation under this Act, to be 9
tabled in the Legislative Assembly. 10
4--General 11
`Division
saving of operation of subordinate legislation that ceases to 12
`Limited
have effect 13
`51.(1) This section applies if subordinate legislation ceases to have effect 14
because it is not tabled or is disallowed.6 15
`(2) The subordinate legislation is taken never to have been made or 16
approved and any law or provision of a law repealed or amended by the 17
legislation is revived. 18
`(3) However, subsection (2) does not affect anything done or suffered 19
under the legislation before it ceased to have effect. 20
`(4) In this section-- 21
"subordinate legislation" includes-- 22
(a) a provision of subordinate legislation; and 23
(b) a form required, under an Act or a regulation under this Act, to be 24
tabled in the Legislative Assembly. 25
6 Section 49 deals with tabling of subordinate legislation and section 50 deals with
disallowance of subordinate legislation.
s4 15 s4
Statutory Instruments and Legislative
Standards Amendment
notification, gazettal, tabling or disallowance provisions of no 1
`Other
effect 2
`52. A provision of another Act that provides for, or to the extent that it 3
provides for, the notification, gazettal, tabling or disallowance of a particular 4
type of subordinate legislation is of no effect. 5
ART 7--STAGED AUTOMATIC EXPIRY OF 6
`P
SUBORDINATE LEGISLATION 7
urposes of Part 8
`P
`53. The purposes of this Part are to-- 9
(a) reduce substantially the regulatory burden on the people of 10
Queensland without compromising law and order and essential 11
economic, environmental and social objectives; and 12
(b) ensure subordinate legislation is relevant to the economic, social 13
and general wellbeing of the people of Queensland; and 14
(c) otherwise ensure the part of the Queensland Statute Book 15
consisting of subordinate legislation is of the highest standard. 16
subordinate legislation expires 17
`When
`54.(1) Subordinate legislation expires on the 10th anniversary of the day 18
of its making unless-- 19
(a) it is sooner repealed or expires; or 20
(b) a regulation is made exempting it from expiry.7 21
`(2) Subordinate legislation exempted from expiry under a regulation 22
under this Act expires when the exemption ends. 23
7 Section 56 specifies the subordinate legislation that may be exempted from
expiry, and how long the exemption lasts. Also, under section 61, subordinate
legislation that would expire before 1 July 1997 will not expire until 1 July 1997.
s4 16 s4
Statutory Instruments and Legislative
Standards Amendment
by Parliamentary Counsel of impending expiry 1
`Notice
`55.(1) The Parliamentary Counsel must notify administering 2
departments and agencies of when the following subordinate legislation will 3
expire under this Act-- 4
(a) subordinate legislation published in the Queensland Subordinate 5
Legislation Series; 6
(b) subordinate legislation prescribed by regulation. 7
`(2) The notice must be given at least 6 months before the expiry. 8
`(3) Failure to give the notice does not affect the expiry. 9
from expiry 10
`Exemptions
`56.(1) A regulation under this Act made before subordinate legislation 11
expires under this Part may exempt the legislation from expiry for a stated 12
period if the regulation states-- 13
(a) replacement subordinate legislation is being drafted and is 14
proposed to be made before the stated period ends; or 15
(b) the subordinate legislation is not proposed to be replaced when it 16
expires at the end of the stated period; or 17
(c) the subordinate legislation is substantially uniform or 18
complementary with legislation of the Commonwealth or another 19
State. 20
`(2) If the regulation is made because of subsection (1)(a) or (b), the 21
period stated in the regulation must not be more than 1 year after the 22
subordinate legislation would otherwise expire and cannot be extended. 23
`(3) If the regulation is made because of subsection (1)(c), the period 24
stated in the regulation must not be more than 5 years after the subordinate 25
legislation would otherwise expire, but may be extended by further periods 26
of not more than 5 years. 27
does not apply to some subordinate legislation 28
`Part
`57. This Part does not apply to subordinate legislation requiring a 29
s4 17 s4
Statutory Instruments and Legislative
Standards Amendment
resolution of the Legislative Assembly before it may be repealed or the 1
status of land to which it applies may be changed.8 2
`PART 8--FORMS 3
and availability 4
`Forms--notification
`58.(1) This section applies if under an Act or subordinate legislation (the 5
"authorising law") forms are to be approved or made available by an 6
entity. 7
`(2) A form under the authorising law must have a heading stating the 8
name of the authorising law and briefly indicating the form's purpose. 9
`(3) All forms under the authorising law must be numbered using a 10
system that gives each form a unique number. 11
12
Examples--
13
1. Forms may be numbered consecutively starting with the number 1.
14
2. Forms may be numbered to reflect the provisions of the Act to which they
15
relate.
`(4) All versions of a form under the authorising law must be numbered 16
consecutively using a system that gives each version of the form a unique 17
number. 18
`(5) The approval or availability under the authorising law of a form, or a 19
new version of a form, must be notified in the Gazette. 20
`(6) Subsection (5) may be complied with-- 21
(a) by publication in the Gazette of a notice of-- 22
(i) the approval or availability of the form; and 23
(ii) the form's heading, number and version number; and 24
8 Under some Acts, for example the Nature Conservation Act 1992, a resolution of
the Legislative Assembly is necessary before action can be taken to revoke a
dedication of land or change its status to a lesser category of protection.
s4 18 s4
Statutory Instruments and Legislative
Standards Amendment
(iii) a place or places where copies are available; or 1
(b) by publication in the Gazette of the form. 2
`(7) On the day the approval or availability of the form is notified or as 3
soon as practicable after the day, copies of the form must be available (for 4
purchase or free of charge) at the place, or each of the places, stated in the 5
notice. 6
`(8) Failure to comply with this section does not affect a form's validity. 7
`(9) This section does not apply to a form declared by regulation under 8
this Act to be a form to which this section does not apply. 9
ART 9--MISCELLANEOUS 10
`P
11
`Regulations
`59. The Governor in Council may make regulations under this Act. 12
ART 10--TRANSITIONAL 13
`P
of Pt 5 14
`Application
`60.(1) Part 59 applies only to subordinate legislation made on or after 15
1 July 1995. 16
`(2) However, subsection (1) does not prevent voluntary compliance 17
with the guidelines in Part 5. 18
`(3) This section expires on 1 July 1995. 19
9 Part 5 (Guidelines for regulatory impact statements)
s4 19 s4
Statutory Instruments and Legislative
Standards Amendment
provisions about expiry of subordinate legislation 1
`Transitional
`61.(1) If, apart from this section, subordinate legislation would expire 2
under this Act before 1 July 1997, the legislation expires on 1 July 1997. 3
`(2) This section expires on 1 July 1997. 4
provisions about expiry of amending subordinate 5
`Transitional
legislation 6
`62.(1) If subordinate legislation (the "expired legislation") made before 7
1 July 199410 expires under this Act, any subordinate legislation made 8
before 1 July 1994 (the "amending legislation") that amends the expired 9
legislation, and consists only of provisions of the following types, expires at 10
the same time-- 11
(a) words of notification; 12
(b) a provision about the amending legislation's citation; 13
(c) a provision about the amending legislation's commencement; 14
(d) a provision providing for the amendment or repeal of an Act, 15
subordinate legislation or other instrument (including a provision 16
identifying the amended or repealed instrument); 17
(e) a provision declaring subordinate legislation or a provision of 18
subordinate legislation to be a law to which section 20A of the 19
Acts Interpretation Act 1954 applies; 20
(f) a provision that is spent, has expired or otherwise ceased to have 21
effect; 22
(g) a savings, transitional or validating provision relating only to-- 23
(i) the expired legislation or an instrument amending the 24
expired legislation; or 25
(ii) a time or event that has passed. 26
10 Under section 22C of the Acts Interpretation Act 1954 as applied to subordinate
legislation, amending subordinate legislation notified or published after 30 June
1994 is automatically repealed on the day after the last of its provisions takes
effect.
s5 20 s5
Statutory Instruments and Legislative
Standards Amendment
`(2) If subordinate legislation (the "unexpired legislation") made before 1
1 July 1994 does not expire under this Act because it has been exempted 2
from expiry, then, while the unexpired legislation is exempted from expiry, 3
any subordinate legislation made before 1 July 1994 that amends the 4
unexpired legislation, and includes provisions not of a type mentioned in 5
subsection (1)(a) to (g), is also exempted from expiry. 6
`(3) This section expires on 1 July 2005. 7
provisions about forms 8
`Transitional
`63.(1) Part 8 does not apply to a form, or a version of a form, approved 9
or made available by an entity before 1 July 1994. 10
`(2) This section-- 11
(a) expires 1 year after it commences; and 12
(b) is declared to be a law to which section 20A of the Acts 13
Interpretation Act 1954 applies.'. 14
of Sch 3 15
Insertion
Clause 5. After Schedule 2-- 16
insert-- 17
`SCHEDULE 3 18
ICTIONARY 19
`D
section 5 20
"benefits" includes-- 21
(a) advantages; and 22
(b) direct and indirect economic, environmental and social benefits. 23
"costs" includes-- 24
s6 21 s7
Statutory Instruments and Legislative
Standards Amendment
(a) burdens and disadvantages; and 1
(b) direct and indirect economic, environmental and social costs. 2
"exempt subordinate legislation" has the same meaning as in the 3
Legislative Standards Act 1992. 4
"government entity" means-- 5
(a) the Commonwealth, a State or a local government; or 6
(b) an instrumentality or agency of the Commonwealth, a State or a 7
local government. 8
"instrument" see section 6. 9
"make" includes prepare. 10
"order in council" see section 10. 11
"proclamation" see section 11. 12
"rules of court" see section 12. 13
"State" includes Territory. 14
"statutory instrument" see section 7. 15
"statutory rule" see section 8. 16
"subordinate legislation" see section 9.'. 17
ART 3--AMENDMENT OF LEGISLATIVE 18
P
STANDARDS ACT 1992 19
Act 20
Amended
Clause 6. This Part amends the Legislative Standards Act 1992. 21
of s 2 (Definitions) 22
Amendment
Clause 7.(1) Section 2, definition "exempt instrument"-- 23
s7 22 s7
Statutory Instruments and Legislative
Standards Amendment
omit. 1
(2) Section 2-- 2
insert-- 3
` "benefits" includes-- 4
(a) advantages; and 5
(b) direct and indirect economic, environmental and social benefits. 6
"costs" includes-- 7
(a) burdens and disadvantages; and 8
(b) direct and indirect economic, environmental and social costs. 9
"exempt instrument" means-- 10
(a) a local law; or 11
(b) a statutory rule (other than a regulation) declared not to be 12
subordinate legislation by-- 13
(i) an Act; or 14
(ii) a regulation under the Statutory Instruments Act 1992; or 15
(c) exempt subordinate legislation. 16
"exempt subordinate legislation" means a statutory rule (other than a 17
regulation) declared to be exempt subordinate legislation by-- 18
(a) an Act; or 19
(b) a regulation under this Act. 20
"responsible Minister", for subordinate legislation, means the Minister 21
who administers the law or provision of the law under which the 22
subordinate legislation is made. 23
"significant subordinate legislation" means subordinate legislation for 24
s8 23 s 10
Statutory Instruments and Legislative
Standards Amendment
which a regulatory impact statement must be prepared under the 1
Statutory Instruments Act 1992.11'. 2
of s 4 (Meaning of "fundamental legislative principles") 3
Amendment
Clause 8. Section 4(5)(b), `purpose and intent'-- 4
omit, insert-- 5
`policy objectives'. 6
of s 7 (Functions of Office) 7
Amendment
Clause 9. Section 7(e), `exempt instruments'-- 8
omit, insert-- 9
`exempt subordinate legislation'. 10
of Pt 4 (Miscellaneous) 11
Replacement
Clause 10. Part 4-- 12
omit, insert-- 13
ART 4--EXPLANATORY NOTES 14
`P
note must be tabled with Bill or significant subordinate 15
`Explanatory
legislation 16
`22.(1) A Minister who presents a Government Bill to the Legislative 17
Assembly must, before the resumption of the second reading debate, 18
circulate to Members an explanatory note for the Bill. 19
`(2) When significant subordinate legislation is tabled in the Legislative 20
11 Because of section 43 of the Statutory Instruments Act 1992, a regulatory impact
statement must generally be prepared for subordinate legislation made after
30 June 1995 if the subordinate legislation is likely to impose appreciable costs
on the community or a part of the community.
s 10 24 s 10
Statutory Instruments and Legislative
Standards Amendment
Assembly, it must be accompanied by an explanatory note prepared under 1
the authority of the responsible Minister.12 2
of explanatory note for Bill 3
`Content
`23.(1) An explanatory note for a Bill must include the following 4
information about the Bill in clear and precise language-- 5
(a) the Bill's short title; 6
(b) a brief statement of the policy objectives of the Bill and the 7
reasons for them; 8
(c) a brief statement of the way the policy objectives will be achieved 9
by the Bill and why this way of achieving the objectives is 10
reasonable and appropriate; 11
(d) if appropriate, a brief statement of any reasonable alternative way 12
of achieving the policy objectives and why the alternative was not 13
adopted; 14
(e) a brief assessment of the administrative cost to government of 15
implementing the Bill, including staffing and program costs but 16
not the cost of developing the Bill; 17
(f) a brief assessment of the consistency of the Bill with fundamental 18
legislative principles and, if it is inconsistent with fundamental 19
legislative principles, the reasons for the inconsistency; 20
(g) a brief statement of the extent to which consultation was carried 21
out in relation to the Bill; 22
(h) a simple explanation of the purpose and intended operation of 23
each clause of the Bill. 24
`(2) If the explanatory note does not include the information mentioned 25
in subsection (1), it must state the reason for non-inclusion. 26
12 See section 49 of the Statutory Instruments Act 1992 for the requirement to table
subordinate legislation.
s 10 25 s 10
Statutory Instruments and Legislative
Standards Amendment
of explanatory note for significant subordinate legislation 1
`Content
`24.(1) An explanatory note for significant subordinate legislation must 2
include the following information about the subordinate legislation in clear 3
and precise language-- 4
(a) the legislation's short title and any number given to the legislation 5
in the Queensland Subordinate Legislation Series;13 6
(b) the provision of the Act or subordinate legislation under which 7
the legislation was made (the "authorising law"); 8
(c) a brief statement of the policy objectives of the legislation and the 9
reasons for them; 10
(d) a brief statement of the way the policy objectives will be achieved 11
by the legislation and why this way of achieving them is 12
reasonable and appropriate; 13
(e) a brief explanation of how the legislation is consistent with the 14
policy objectives of the authorising law; 15
(f) if the legislation is inconsistent with the policy objectives of other 16
legislation-- 17
(i) a brief explanation of the relationship with the other 18
legislation; and 19
(ii) a brief statement of the reasons for the inconsistency; 20
(g) if appropriate, a brief statement of any reasonable alternative way 21
of achieving the policy objectives (including the option of not 22
making subordinate legislation) and why the alternative was not 23
adopted; 24
(h) a brief assessment of the benefits and costs of implementing the 25
legislation that-- 26
(i) if practicable and appropriate, quantifies the benefits and 27
costs; and 28
13 Exempt subordinate legislation is not included in the Subordinate Legislation
Series because it is not drafted by the Office of the Queensland Parliamentary
Counsel.
s 10 26 s 10
Statutory Instruments and Legislative
Standards Amendment
(ii) includes a comparison of the benefits and costs with the 1
benefits and costs of any reasonable alternative way of 2
achieving the policy objectives stated under paragraph (g); 3
(i) a brief assessment of the consistency of the legislation with 4
fundamental legislative principles and, if it is inconsistent with 5
fundamental legislative principles, the reasons for the 6
inconsistency. 7
`(2) The explanatory note must also include-- 8
(a) if consultation took place about the subordinate legislation-- 9
(i) a brief statement of the way the consultation was carried out; 10
and 11
(ii) an outline of the results of the consultation; and 12
(iii) a brief explanation of any changes made to the legislation 13
because of the consultation; or 14
(b) if consultation did not take place--a statement of the reason for 15
no consultation. 16
`(3) The explanatory note must be accompanied by the regulatory impact 17
statement prepared for the subordinate legislation. 18
`(4) If for any reason the explanatory note does not include the 19
information mentioned in subsection (1) or (2), the explanatory note must 20
state the reason for non-inclusion. 21
`(5) However, information is taken to be included in the explanatory note 22
if it is-- 23
(a) included in the accompanying regulatory impact statement; and 24
(b) referred to in the explanatory note and, if necessary, 25
supplemented or updated. 26
of legislation is not affected by failure to comply with Part 27
`Validity
`25. Failure to comply with this Part does not affect the validity of 28
legislation. 29
s 11 27 s 13
Statutory Instruments and Legislative
Standards Amendment
ART 5--MISCELLANEOUS 1
`P
2
`Regulations
`26. The Governor in Council may make regulations under this Act. 3
to exempt instruments 4
`References
`27. A reference in an Act or a regulation under this Act to a statutory 5
instrument that is subordinate legislation and an exempt instrument, is a 6
reference to subordinate legislation that is exempt subordinate legislation.'. 7
PART 4--AMENDMENT OF ACTS 8
INTERPRETATION ACT 1954 9
amended 10
Act
Clause 11. This Part amends the Acts Interpretation Act 1954. 11
of s 22C (Automatic repeal of amending Act) 12
Amendment
Clause 12. Section 22C(2)(e), after `instrument'-- 13
insert-- 14
`(including a provision identifying the amended or repealed instrument)'. 15
of s 29B (Determination of number of sitting days) 16
Replacement
Clause 13. Section 29B-- 17
omit, insert-- 18
out number of sitting days 19
`Working
`29B. In working out a particular number of sitting days of the 20
s 14 28 s 15
Statutory Instruments and Legislative
Standards Amendment
Legislative Assembly, it does not matter whether the days are within the 1
same or different Parliaments or within different sessions of Parliament.'. 2
of s 36 (Meaning of commonly used words and 3
Amendment
expressions) 4
Clause 14. Section 36, definition "purpose"-- 5
omit, insert-- 6
` "purpose", for an Act, includes policy objective.'. 7
PART 5--REPEALS 8
repealed 9
Acts
Clause 15. The following Acts are repealed-- 10
· Regulatory Reform Act 1986 No. 14 11
· Regulatory Reform Amendment Act 1993 No. 53. 12
13
© State of Queensland 1994
[Index] [Search] [Download] [Related Items] [Help]