{"id":"qld:act-1992-022","name":"Statutory Instruments Act 1992","slug":"statutory-instruments-act-1992","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"22 of 1992","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104810,"registerId":"qld-act-1992-022-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Statutory Instruments Act 1992 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Purposes of Act","content":"### sec.2 Purposes of Act\n\nThe purposes of this Act are to—\nfacilitate the interpretation of statutory instruments; and\nfacilitate improvement in the presentation of statutory instruments; and\nrationalise notification, publication, tabling and disallowance requirements for subordinate legislation; and\ngenerally ensure that Queensland subordinate legislation is of the highest standard.\n- (a) facilitate the interpretation of statutory instruments; and\n- (b) facilitate improvement in the presentation of statutory instruments; and\n- (c) rationalise notification, publication, tabling and disallowance requirements for subordinate legislation; and\n- (d) generally ensure that Queensland subordinate legislation is of the highest standard.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Act applies to all statutory instruments","content":"### sec.3 Act applies to all statutory instruments\n\nThis Act applies to all statutory instruments.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Displacement of Act by contrary intention","content":"### sec.4 Displacement of Act by contrary intention\n\nThe application of this Act may be displaced, wholly or partly, by a contrary intention appearing in any instrument.\ns 4 amd 2012 No. 25 s 176","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Dictionary","content":"### sec.5 Dictionary\n\nThe dictionary in schedule 3 defines particular words used in this Act.\ns 5 sub 1994 No. 83 s 3","sortOrder":5},{"sectionNumber":"sec.5A","sectionType":"section","heading":"Act binds the State","content":"### sec.5A Act binds the State\n\nThis Act binds the State.\ns 5A ins 1994 No. 83 s 3","sortOrder":6},{"sectionNumber":"pt.2","sectionType":"part","heading":"Types of statutory instruments","content":"# Types of statutory instruments","sortOrder":7},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"General concepts","content":"## General concepts","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Meaning of instrument","content":"### sec.6 Meaning of instrument\n\nAn instrument is any document.","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Meaning of statutory instrument","content":"### sec.7 Meaning of statutory instrument\n\nA statutory instrument is an instrument that satisfies subsections (2) and (3) .\nThe instrument must be made under—\nan Act; or\nanother statutory instrument; or\npower conferred by an Act or statutory instrument and also under power conferred otherwise by law.\nan instrument made partly under an express or implied statutory power and partly under the Royal Prerogative\nThe instrument must be of 1 of the following types—\na regulation\nan order in council\na rule\na local law\na by-law\nan ordinance\na subordinate local law\na statute\na proclamation\na notification of a public nature\na standard of a public nature\na guideline of a public nature\nanother instrument of a public nature by which the entity making the instrument unilaterally affects a right or liability of another entity.\nHowever, to remove doubt, an Executive Council minute is not itself a statutory instrument.\ns 7 amd 1992 No. 68 s 3 sch 1\nsub 1993 No. 76 s 3 sch 1\namd 1993 No. 70 s 804 sch ; 1999 No. 30 s 98 sch 3\n(sec.7-ssec.1) A statutory instrument is an instrument that satisfies subsections (2) and (3) .\n(sec.7-ssec.2) The instrument must be made under— an Act; or another statutory instrument; or power conferred by an Act or statutory instrument and also under power conferred otherwise by law. an instrument made partly under an express or implied statutory power and partly under the Royal Prerogative\n(sec.7-ssec.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.\n(sec.7-ssec.4) However, to remove doubt, an Executive Council minute is not itself a statutory instrument.\n- (a) an Act; or\n- (b) another statutory instrument; or\n- (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\n- • a regulation\n- • an order in council\n- • a rule\n- • a local law\n- • a by-law\n- • an ordinance\n- • a subordinate local law\n- • a statute\n- • a proclamation\n- • a notification of a public nature\n- • a standard of a public nature\n- • a guideline of a public nature\n- • another instrument of a public nature by which the entity making the instrument unilaterally affects a right or liability of another entity.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Meaning of statutory rule","content":"### sec.8 Meaning of statutory rule\n\nA statutory rule is a statutory instrument—\nthat is made by the Governor or the Governor in Council; or\nthat is made by another person or body, but—\nis required by law to be approved, confirmed or otherwise consented to by the Governor or Governor in Council; or\nis subject to being disapproved or otherwise disallowed by the Governor or Governor in Council.\n- (a) that is made by the Governor or the Governor in Council; or\n- (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.\n- (i) is required by law to be approved, confirmed or otherwise consented to by the Governor or Governor in Council; or\n- (ii) is subject to being disapproved or otherwise disallowed by the Governor or Governor in Council.\n- (i) is required by law to be approved, confirmed or otherwise consented to by the Governor or Governor in Council; or\n- (ii) is subject to being disapproved or otherwise disallowed by the Governor or Governor in Council.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Meaning of subordinate legislation","content":"### sec.9 Meaning of subordinate legislation\n\nSubject to subsection (2) , the following instruments are subordinate legislation —\na statutory rule that is a regulation, rule, by-law, ordinance or statute;\na statutory rule that is an order in council or proclamation of a legislative character;\nany 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;\nany other statutory instrument that fixes or otherwise determines the commencement of—\nan Act or a provision of an Act; or\nan instrument, or a provision of an instrument, mentioned in paragraph (a) , (b) or (c) .\nThe following instruments are not subordinate legislation—\na local law or other statutory instrument made by a local government;\na rule, order, direction or practice of the Legislative Assembly;\na statutory rule (other than a regulation) that is mentioned in schedule 1A or declared not to be subordinate legislation by—\nan Act; or\nin the case of a statutory rule made under a provision commencing before the commencement of this Act—a regulation made under this Act.\ns 9 amd 1993 No. 70 s 804 sch ; 1998 No. 42 s 4\n(sec.9-ssec.1) Subject to subsection (2) , the following instruments are subordinate legislation — a statutory rule that is a regulation, rule, by-law, ordinance or statute; a statutory rule that is an order in council or proclamation of a legislative character; 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; any other statutory instrument that fixes or otherwise determines the commencement of— an Act or a provision of an Act; or an instrument, or a provision of an instrument, mentioned in paragraph (a) , (b) or (c) .\n(sec.9-ssec.2) The following instruments are not subordinate legislation— a local law or other statutory instrument made by a local government; a rule, order, direction or practice of the Legislative Assembly; a statutory rule (other than a regulation) that is mentioned in schedule 1A or declared not to be subordinate legislation by— an Act; or in the case of a statutory rule made under a provision commencing before the commencement of this Act—a regulation made under this Act.\n- (a) a statutory rule that is a regulation, rule, by-law, ordinance or statute;\n- (b) a statutory rule that is an order in council or proclamation of a legislative character;\n- (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;\n- (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) .\n- (i) an Act or a provision of an Act; or\n- (ii) an instrument, or a provision of an instrument, mentioned in paragraph (a) , (b) or (c) .\n- (i) an Act or a provision of an Act; or\n- (ii) an instrument, or a provision of an instrument, mentioned in paragraph (a) , (b) or (c) .\n- (a) a local law or other statutory instrument made by a local government;\n- (b) a rule, order, direction or practice of the Legislative Assembly;\n- (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.\n- (i) an Act; or\n- (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.\n- (i) an Act; or\n- (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.","sortOrder":12},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Orders in council, proclamations and rules of court","content":"## Orders in council, proclamations and rules of court","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Meaning of order in council","content":"### sec.10 Meaning of order in council\n\nAn order in council is an order made by the Governor in Council and—\nin the case of an order that is subordinate legislation—notified under section 47 ; or\nin any other case—published in the gazette.\ns 10 amd 2013 No. 39 s 88\n- (a) in the case of an order that is subordinate legislation—notified under section 47 ; or\n- (b) in any other case—published in the gazette.","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Meaning of proclamation","content":"### sec.11 Meaning of proclamation\n\nA proclamation is a proclamation made by the Governor and—\nin the case of a proclamation that is subordinate legislation—notified under section 47 ; or\nin any other case—published in the gazette.\ns 11 amd 2013 No. 39 s 89\n- (a) in the case of a proclamation that is subordinate legislation—notified under section 47 ; or\n- (b) in any other case—published in the gazette.","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Meaning of rules of court","content":"### sec.12 Meaning of rules of court\n\nRules 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.","sortOrder":16},{"sectionNumber":"pt.3","sectionType":"part","heading":"Provision relating to instruments","content":"# Provision relating to instruments","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Power to do matter by instrument","content":"### sec.13 Power to do matter by instrument\n\nIf—\nan Act or statutory instrument (the authorising law ) authorises or requires a matter to be done; and\nthe matter is capable of being done by instrument;\nthe authorising law authorises the matter to be done by instrument.\n- (a) an Act or statutory instrument (the authorising law ) authorises or requires a matter to be done; and\n- (b) the matter is capable of being done by instrument;","sortOrder":18},{"sectionNumber":"pt.4","sectionType":"part","heading":"Provisions relating to statutory instruments","content":"# Provisions relating to statutory instruments","sortOrder":19},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Provisions of Acts Interpretation Act 1954 that apply to statutory instruments","content":"## Provisions of Acts Interpretation Act 1954 that apply to statutory instruments","sortOrder":20},{"sectionNumber":"sec.14","sectionType":"section","heading":"Applicable provisions","content":"### sec.14 Applicable provisions\n\nSubject 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—\na reference to an Act included a reference to a statutory instrument; and\na reference to enactment or passage included a reference to making.\nA 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.\nIf a copy mentioned in subsection (2) is authorised under that subsection, the copy—\nis to indicate that fact in a suitable place; and\nis a reprint authorised by the parliamentary counsel under the Legislative Standards Act 1992 , section 10A .\ns 14 amd 2013 No. 39 s 90\n(sec.14-ssec.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 reference to an Act included a reference to a statutory instrument; and a reference to enactment or passage included a reference to making.\n(sec.14-ssec.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.\n(sec.14-ssec.3) If a copy mentioned in subsection (2) is authorised under that subsection, the copy— is to indicate that fact in a suitable place; and is a reprint authorised by the parliamentary counsel under the Legislative Standards Act 1992 , section 10A .\n- (a) a reference to an Act included a reference to a statutory instrument; and\n- (b) a reference to enactment or passage included a reference to making.\n- (a) is to indicate that fact in a suitable place; and\n- (b) is a reprint authorised by the parliamentary counsel under the Legislative Standards Act 1992 , section 10A .","sortOrder":21},{"sectionNumber":"sec.14A","sectionType":"section","heading":"Modified application— s 6","content":"### sec.14A Modified application— s 6\n\nFor the purposes of applying the Acts Interpretation Act 1954 , section 6 (1) , after ‘In an Act’, insert ‘or statutory instrument’.\ns 14A ins 2005 No. 70 s 154","sortOrder":22},{"sectionNumber":"sec.14B","sectionType":"section","heading":"Modified application— s 14","content":"### sec.14B Modified application— s 14\n\nFor the purposes of applying section 14 (7) of the Acts Interpretation Act 1954 , add the following example—\nENDNOTES\nMade by the Governor in Council on 9 December 2004.\nNotified in the gazette on 10 December 2004.\nLaid before the Legislative Assembly on 22 February 2005.\nThe administering agency is the Department of Education and the Arts.’.\ns 14B ins 2005 No. 70 s 154\n- 1 Made by the Governor in Council on 9 December 2004.\n- 2 Notified in the gazette on 10 December 2004.\n- 3 Laid before the Legislative Assembly on 22 February 2005.\n- 4 The administering agency is the Department of Education and the Arts.’.","sortOrder":23},{"sectionNumber":"sec.15","sectionType":"section","heading":"Modified application— s 14B","content":"### sec.15 Modified application— s 14B\n\nFor the purposes of applying section 14B of the Acts Interpretation Act 1954 —\nextrinsic material means relevant material not forming part of the statutory instrument or the Act under which the statutory instrument was made, including, for example—\nmaterial that is extrinsic material, within the meaning of that section, in relation to the Act under which the statutory instrument was made; and\nmaterial set out in—\nif the statutory instrument is subordinate legislation—an official copy of the subordinate legislation; or\notherwise—a document containing the text of the statutory instrument as printed by or under the authority of the government printer; and\na report of a Royal Commission, Law Reform Commission, commission or committee of inquiry, or a similar body, that was laid before the Legislative Assembly—\nif the statutory instrument is subordinate legislation—before the end of 14 sitting days after the statutory instrument was laid before the Legislative Assembly; or\nin any other case—before the statutory instrument was made; and\na report of a committee of the Legislative Assembly that was made to the Legislative Assembly—\nif the statutory instrument is subordinate legislation—before the end of 14 sitting days after the statutory instrument was laid before the Legislative Assembly; or\nin any other case—before the statutory instrument was made; and\na treaty or other international agreement that is mentioned in the statutory instrument; and\nif 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—\nbefore the end of 14 sitting days after the statutory instrument was laid before the Legislative Assembly; and\nby the clerk of the Parliament or the member who laid the statutory instrument before the Legislative Assembly; and\nmaterial in an official record of proceedings in the Legislative Assembly; and\na document that is declared by an Act or statutory instrument to be a relevant document for the purposes of this section; and\nif 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.\ns 15 amd 1993 No. 32 s 3 sch 1 ; 2013 No. 39 s 91\n- (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\n- (b) material set out in— (i) if the statutory instrument is subordinate legislation—an official copy of the subordinate legislation; or (ii) otherwise—a document containing the text of the statutory instrument as printed by or under the authority of the government printer; and\n- (i) if the statutory instrument is subordinate legislation—an official copy of the subordinate legislation; or\n- (ii) otherwise—a document containing the text of the statutory instrument as printed by or under the authority of the government printer; and\n- (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\n- (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\n- (ii) in any other case—before the statutory instrument was made; and\n- (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\n- (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\n- (ii) in any other case—before the statutory instrument was made; and\n- (e) a treaty or other international agreement that is mentioned in the statutory instrument; and\n- (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\n- (i) before the end of 14 sitting days after the statutory instrument was laid before the Legislative Assembly; and\n- (ii) by the clerk of the Parliament or the member who laid the statutory instrument before the Legislative Assembly; and\n- (g) material in an official record of proceedings in the Legislative Assembly; and\n- (h) a document that is declared by an Act or statutory instrument to be a relevant document for the purposes of this section; and\n- (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.\n- (i) if the statutory instrument is subordinate legislation—an official copy of the subordinate legislation; or\n- (ii) otherwise—a document containing the text of the statutory instrument as printed by or under the authority of the government printer; and\n- (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\n- (ii) in any other case—before the statutory instrument was made; and\n- (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\n- (ii) in any other case—before the statutory instrument was made; and\n- (i) before the end of 14 sitting days after the statutory instrument was laid before the Legislative Assembly; and\n- (ii) by the clerk of the Parliament or the member who laid the statutory instrument before the Legislative Assembly; and","sortOrder":24},{"sectionNumber":"sec.15A","sectionType":"section","heading":"Modified application— section 14F","content":"### sec.15A Modified application— section 14F\n\nFor the purposes of applying section 14F (1) of the Acts Interpretation Act 1954 , omit the examples and insert—\nStatutory Instruments Regulation 2002\nStatutory Instruments Regulation 2002 , SL No. 218\nSL No. 218 of 2002\n2002 SL No. 208 ’.\ns 15A ins 2005 No. 70 s 155\n- 1 Statutory Instruments Regulation 2002\n- 2 Statutory Instruments Regulation 2002 , SL No. 218\n- 3 SL No. 218 of 2002\n- 4 2002 SL No. 208 ’.","sortOrder":25},{"sectionNumber":"sec.16","sectionType":"section","heading":"Modified application— s 27A","content":"### sec.16 Modified application— s 27A\n\nFor the purposes of applying section 27A of the Acts Interpretation Act 1954 , omit subsection (12) and insert—\nIf 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.’.\n(sec.16-ssec) For the purposes of applying section 27A of the Acts Interpretation Act 1954 , omit subsection (12) and insert—\n(sec.16-ssec.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.’.","sortOrder":26},{"sectionNumber":"sec.17","sectionType":"section","heading":"Modified application— s 36 and sch 1 (definition provision )","content":"### sec.17 Modified application— s 36 and sch 1 (definition provision )\n\nFor the purposes of applying section 36 and schedule 1 of the Acts Interpretation Act 1954 , insert after paragraph (c) of the definition provision in schedule 1 —\n‘(d) any words of notification.’.\ns 17 sub 2013 No. 39 s 92","sortOrder":27},{"sectionNumber":"sec.18","sectionType":"section","heading":"Modified application— s 49A","content":"### sec.18 Modified application— s 49A\n\nFor 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.\ns 18 amd 2000 No. 46 s 3 sch","sortOrder":28},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Provisions of Acts Interpretation Act 1954 that do not apply to statutory instruments","content":"## Provisions of Acts Interpretation Act 1954 that do not apply to statutory instruments","sortOrder":29},{"sectionNumber":"sec.19","sectionType":"section","heading":"Non-applicable provisions","content":"### sec.19 Non-applicable provisions\n\nA provision of the Acts Interpretation Act 1954 mentioned in schedule 2 does not apply to a statutory instrument.","sortOrder":30},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Other provisions applying to statutory instruments","content":"## Other provisions applying to statutory instruments","sortOrder":31},{"sectionNumber":"sec.20","sectionType":"section","heading":"Presumption of validity","content":"### sec.20 Presumption of validity\n\nAll 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.","sortOrder":32},{"sectionNumber":"sec.20A","sectionType":"section","heading":"Regulation may be used instead of another type of subordinate legislation","content":"### sec.20A Regulation may be used instead of another type of subordinate legislation\n\nIf—\nan 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\nthe Act or another Act—\ndoes not specify the type of subordinate legislation to be used; or\nspecifies that a type of subordinate legislation other than a regulation is to be used;\nthe Governor in Council may make provision with respect to the matter by regulation made under the Act .\nSubsection (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 .\nIf an Act provides that provision may be made with respect to a matter by order in council, provision may now be made by regulation.\nIf 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.\nIf 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.\nIf 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 .\ns 20A ins 1992 No. 68 s 3 sch 1\namd 1993 No. 32 s 3 sch 1\n(sec.20A-ssec.1) If— 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 the Act or another Act— does not specify the type of subordinate legislation to be used; or 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 .\n(sec.20A-ssec.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 . 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. 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.\n(sec.20A-ssec.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. 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 .\n- (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\n- (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;\n- (i) does not specify the type of subordinate legislation to be used; or\n- (ii) specifies that a type of subordinate legislation other than a regulation is to be used;\n- (i) does not specify the type of subordinate legislation to be used; or\n- (ii) specifies that a type of subordinate legislation other than a regulation is to be used;","sortOrder":33},{"sectionNumber":"sec.20B","sectionType":"section","heading":"Correct year in statutory instrument’s short title etc.","content":"### sec.20B Correct year in statutory instrument’s short title etc.\n\nIf—\na statutory instrument is made in a particular year (the year of making ); and\napart from this section, the statutory instrument’s citation would include a single year other than the year of making;\nthe citation of, and a reference to, the statutory instrument may be given by omitting the other year and inserting the year of making.\ns 20B ins 1993 No. 32 s 3 sch 1\n- (a) a statutory instrument is made in a particular year (the year of making ); and\n- (b) apart from this section, the statutory instrument’s citation would include a single year other than the year of making;","sortOrder":34},{"sectionNumber":"sec.20C","sectionType":"section","heading":"Continuance etc. of statutory instruments made under amended provisions","content":"### sec.20C Continuance etc. of statutory instruments made under amended provisions\n\nThis section applies if—\na provision of a law expressly or impliedly authorises or requires a statutory instrument to be made for a purpose; and\nthe provision is amended; and\nunder the amended provision—\na type of instrument is no longer specified for the purpose; or\nanother type of instrument is specified for the purpose; or\nthe same type of instrument is specified for the purpose.\nIf subsection (1) (c) (i) applies, a statutory instrument that was in force immediately before the commencement of the amendment—\ncontinues to have effect after the commencement; and\nmay be amended or repealed by an instrument of the type specified in the provision before the amendment.\nIf subsection (1) (c) (ii) applies, a statutory instrument that was in force immediately before the commencement of the amendment—\ncontinues to have effect after the commencement; and\nis taken to be an instrument of the type specified in the amended provision.\nIf 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.\nIn this section—\namend includes omit and re-enact in the same law (with or without modification), but does not include omit and re-enact in another law.\ns 20C ins 1993 No. 32 s 3 sch 1\n(sec.20C-ssec.1) This section applies if— a provision of a law expressly or impliedly authorises or requires a statutory instrument to be made for a purpose; and the provision is amended; and under the amended provision— a type of instrument is no longer specified for the purpose; or another type of instrument is specified for the purpose; or the same type of instrument is specified for the purpose.\n(sec.20C-ssec.2) If subsection (1) (c) (i) applies, a statutory instrument that was in force immediately before the commencement of the amendment— continues to have effect after the commencement; and may be amended or repealed by an instrument of the type specified in the provision before the amendment.\n(sec.20C-ssec.3) If subsection (1) (c) (ii) applies, a statutory instrument that was in force immediately before the commencement of the amendment— continues to have effect after the commencement; and is taken to be an instrument of the type specified in the amended provision.\n(sec.20C-ssec.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.\n(sec.20C-ssec.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.\n- (a) a provision of a law expressly or impliedly authorises or requires a statutory instrument to be made for a purpose; and\n- (b) the provision is amended; and\n- (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.\n- (i) a type of instrument is no longer specified for the purpose; or\n- (ii) another type of instrument is specified for the purpose; or\n- (iii) the same type of instrument is specified for the purpose.\n- (i) a type of instrument is no longer specified for the purpose; or\n- (ii) another type of instrument is specified for the purpose; or\n- (iii) the same type of instrument is specified for the purpose.\n- (a) continues to have effect after the commencement; and\n- (b) may be amended or repealed by an instrument of the type specified in the provision before the amendment.\n- (a) continues to have effect after the commencement; and\n- (b) is taken to be an instrument of the type specified in the amended provision.","sortOrder":35},{"sectionNumber":"sec.21","sectionType":"section","heading":"Statutory instrument to be interpreted not to exceed powers conferred by authorising law","content":"### sec.21 Statutory instrument to be interpreted not to exceed powers conferred by authorising law\n\nA statutory instrument is to be interpreted as operating—\nto the full extent of, but not to exceed, the power conferred by the law under which it is made (the authorising law ); and\ndistributively.\nWithout limiting subsection (1) , if a provision of a statutory instrument would, apart from this section, be interpreted as exceeding power—\nthe provision is valid to the extent to which it does not exceed power; and\nthe remainder of the statutory instrument is not affected.\nWithout 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.\nThis section applies to a statutory instrument in addition to, and without limiting, any provision of the statutory instrument or authorising law.\ns 21 amd 1992 No. 68 s 3 sch 1\nsub 1993 No. 32 s 3 sch 1\n(sec.21-ssec.1) A statutory instrument is to be interpreted as operating— to the full extent of, but not to exceed, the power conferred by the law under which it is made (the authorising law ); and distributively.\n(sec.21-ssec.2) Without limiting subsection (1) , if a provision of a statutory instrument would, apart from this section, be interpreted as exceeding power— the provision is valid to the extent to which it does not exceed power; and the remainder of the statutory instrument is not affected.\n(sec.21-ssec.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.\n(sec.21-ssec.4) This section applies to a statutory instrument in addition to, and without limiting, any provision of the statutory instrument or authorising law.\n- (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\n- (b) distributively.\n- (a) the provision is valid to the extent to which it does not exceed power; and\n- (b) the remainder of the statutory instrument is not affected.","sortOrder":36},{"sectionNumber":"sec.22","sectionType":"section","heading":"Power to make statutory instrument under Act etc.","content":"### sec.22 Power to make statutory instrument under Act etc.\n\nIf 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—\nis required or permitted to be prescribed by the authorising law or other law; or\nis necessary or convenient to be prescribed for carrying out or giving effect to the authorising law or other law.\nSubsection (1) applies to the authorising law even though the authorising law also authorises the making of a statutory instrument for a particular purpose.\nPower 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.\ns 22 amd 1993 No. 76 s 3 sch 1\n(sec.22-ssec.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— is required or permitted to be prescribed by the authorising law or other law; or is necessary or convenient to be prescribed for carrying out or giving effect to the authorising law or other law.\n(sec.22-ssec.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.\n(sec.22-ssec.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.\n- (a) is required or permitted to be prescribed by the authorising law or other law; or\n- (b) is necessary or convenient to be prescribed for carrying out or giving effect to the authorising law or other law.","sortOrder":37},{"sectionNumber":"sec.23","sectionType":"section","heading":"Statutory instrument may make provision by applying another document","content":"### sec.23 Statutory instrument may make provision by applying another document\n\nIf 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—\nan Act, statutory instrument or other law; or\nanother document (whether of the same or a different kind);\nas in force at a particular time or from time to time.\nIf 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.\nIn this section—\nlaw includes a law of the Commonwealth, another State, a Territory or a foreign country.\n(sec.23-ssec.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— an Act, statutory instrument or other law; or another document (whether of the same or a different kind); as in force at a particular time or from time to time.\n(sec.23-ssec.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.\n(sec.23-ssec.3) In this section— law includes a law of the Commonwealth, another State, a Territory or a foreign country.\n- (a) an Act, statutory instrument or other law; or\n- (b) another document (whether of the same or a different kind);","sortOrder":38},{"sectionNumber":"sec.23A","sectionType":"section","heading":"Statutory instrument may make provision in relation to land by reference to map, plan or register","content":"### sec.23A Statutory instrument may make provision in relation to land by reference to map, plan or register\n\nThis 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.\nProvision may be made by reference to—\na map or plan held by a person, department or body; or\na particular entry in a register kept by a person, department or body;\nif the map, plan or register is available for inspection by members of the public.\nIn this section—\nland includes Queensland waters.\ns 23A ins 1992 No. 68 s 3 sch 1\n(sec.23A-ssec.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.\n(sec.23A-ssec.2) Provision may be made by reference to— a map or plan held by a person, department or body; or 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.\n(sec.23A-ssec.3) In this section— land includes Queensland waters.\n- (a) a map or plan held by a person, department or body; or\n- (b) a particular entry in a register kept by a person, department or body;","sortOrder":39},{"sectionNumber":"sec.24","sectionType":"section","heading":"Statutory instrument may be of general or limited application","content":"### sec.24 Statutory instrument may be of general or limited application\n\nA statutory instrument may—\napply generally throughout the State or be limited in its application to a particular part of the State; or\napply generally to all persons and matters or be limited in its application to—\nparticular persons or matters; or\nparticular classes of persons or matters; or\notherwise apply generally or be limited in its application by reference to specified exceptions or factors.\n- (a) apply generally throughout the State or be limited in its application to a particular part of the State; or\n- (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\n- (i) particular persons or matters; or\n- (ii) particular classes of persons or matters; or\n- (c) otherwise apply generally or be limited in its application by reference to specified exceptions or factors.\n- (i) particular persons or matters; or\n- (ii) particular classes of persons or matters; or","sortOrder":40},{"sectionNumber":"sec.25","sectionType":"section","heading":"Statutory instrument may make different provision for different categories","content":"### sec.25 Statutory instrument may make different provision for different categories\n\nA statutory instrument may—\nmake different provision in relation to—\ndifferent persons or matters; or\ndifferent classes of persons or matters; or\napply differently by reference to specified exceptions or factors.\n- (a) make different provision in relation to— (i) different persons or matters; or (ii) different classes of persons or matters; or\n- (i) different persons or matters; or\n- (ii) different classes of persons or matters; or\n- (b) apply differently by reference to specified exceptions or factors.\n- (i) different persons or matters; or\n- (ii) different classes of persons or matters; or","sortOrder":41},{"sectionNumber":"sec.26","sectionType":"section","heading":"Statutory instrument may authorise determination etc. by specified person etc.","content":"### sec.26 Statutory instrument may authorise determination etc. by specified person etc.\n\nA statutory instrument may authorise any matter to be determined, applied or regulated, from time to time, by any specified person or body.\nIf 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.","sortOrder":42},{"sectionNumber":"sec.27","sectionType":"section","heading":"Statutory instrument may prohibit","content":"### sec.27 Statutory instrument may prohibit\n\nIf 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.","sortOrder":43},{"sectionNumber":"sec.28","sectionType":"section","heading":"Relationship between authorising law and statutory instrument concerning the same matter","content":"### sec.28 Relationship between authorising law and statutory instrument concerning the same matter\n\nIf 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.","sortOrder":44},{"sectionNumber":"sec.29","sectionType":"section","heading":"Statutory instrument may provide review","content":"### sec.29 Statutory instrument may provide review\n\nA statutory instrument may provide for the review of, or a right of appeal against, a decision made under—\nthe statutory instrument; or\nthe Act or other statutory instrument under which the statutory instrument is made or in force.\nA statutory instrument that is a statutory rule may, for the purpose of subsection (1) , confer jurisdiction on any court, tribunal, person or body.\n(sec.29-ssec.1) A statutory instrument may provide for the review of, or a right of appeal against, a decision made under— the statutory instrument; or the Act or other statutory instrument under which the statutory instrument is made or in force.\n(sec.29-ssec.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.\n- (a) the statutory instrument; or\n- (b) the Act or other statutory instrument under which the statutory instrument is made or in force.","sortOrder":45},{"sectionNumber":"sec.30","sectionType":"section","heading":"Statutory instrument may require verification of form etc.","content":"### sec.30 Statutory instrument may require verification of form etc.\n\nA 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.","sortOrder":46},{"sectionNumber":"sec.30A","sectionType":"section","heading":"Reasonable cost etc. may be prescribed as fee","content":"### sec.30A Reasonable cost etc. may be prescribed as fee\n\nIf 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—\nthat a specified person or body considers to be reasonable; and\nthat is not more than the reasonable cost of doing the thing.\ns 30A ins 1993 No. 32 s 3 sch 1\n- (a) that a specified person or body considers to be reasonable; and\n- (b) that is not more than the reasonable cost of doing the thing.","sortOrder":47},{"sectionNumber":"sec.30B","sectionType":"section","heading":"Statutory instrument may exempt from fee","content":"### sec.30B Statutory instrument may exempt from fee\n\nIf a power is conferred under a law for a statutory instrument to prescribe a fee, the power includes a power to—\nexempt any person or matter from payment of all or part of the fee; or\nwaive payment of all or part of the fee for any person or matter; or\nrefund all or part of an amount of the fee paid by a person; or\nprovide for a stated person to grant an exemption, or make a waiver or refund, mentioned in paragraph (a) , (b) or (c) .\nIf—\na law requires payment of a fee prescribed under a statutory instrument by a person or for a matter; and\neither—\nthe person or matter is exempted under the statutory instrument from payment of all or part of the fee; or\nall or part of the fee is waived for the person or matter under the statutory instrument;\nthe requirement to pay the fee is taken to have been satisfied to the extent of the exemption or waiver.\nA provision of a statutory instrument under which a fee is refunded, or a person may refund a fee, does not authorise the payment of an amount from the consolidated fund.\ns 30B ins 1993 No. 76 s 3 sch 1\nsub 2023 No. 23 s 207\n(sec.30B-ssec.1) If a power is conferred under a law for a statutory instrument to prescribe a fee, the power includes a power to— exempt any person or matter from payment of all or part of the fee; or waive payment of all or part of the fee for any person or matter; or refund all or part of an amount of the fee paid by a person; or provide for a stated person to grant an exemption, or make a waiver or refund, mentioned in paragraph (a) , (b) or (c) .\n(sec.30B-ssec.2) If— a law requires payment of a fee prescribed under a statutory instrument by a person or for a matter; and either— the person or matter is exempted under the statutory instrument from payment of all or part of the fee; or all or part of 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 to the extent of the exemption or waiver.\n(sec.30B-ssec.3) A provision of a statutory instrument under which a fee is refunded, or a person may refund a fee, does not authorise the payment of an amount from the consolidated fund.\n- (a) exempt any person or matter from payment of all or part of the fee; or\n- (b) waive payment of all or part of the fee for any person or matter; or\n- (c) refund all or part of an amount of the fee paid by a person; or\n- (d) provide for a stated person to grant an exemption, or make a waiver or refund, mentioned in paragraph (a) , (b) or (c) .\n- (a) a law requires payment of a fee prescribed under a statutory instrument by a person or for a matter; and\n- (b) either— (i) the person or matter is exempted under the statutory instrument from payment of all or part of the fee; or (ii) all or part of 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 to the extent of the exemption or waiver.\n- (i) the person or matter is exempted under the statutory instrument from payment of all or part of the fee; or\n- (ii) all or part of the fee is waived for the person or matter under the statutory instrument;\n- (i) the person or matter is exempted under the statutory instrument from payment of all or part of the fee; or\n- (ii) all or part of the fee is waived for the person or matter under the statutory instrument;","sortOrder":48},{"sectionNumber":"sec.31","sectionType":"section","heading":"Statutory instruments purporting to be made under a particular power","content":"### sec.31 Statutory instruments purporting to be made under a particular power\n\nA 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.","sortOrder":49},{"sectionNumber":"sec.32","sectionType":"section","heading":"Prospective commencement","content":"### sec.32 Prospective commencement\n\nSubject to section 34 , a statutory instrument commences—\nif it is required to be notified under section 47 or published in the gazette—on the day on which it is notified or published; or\nif it is not required to be notified under section 47 or published in the gazette—on the day on which it is made; or\nif a later day or time is fixed in the statutory instrument—on that day or at that time.\nIf a statutory instrument that is required to be notified under section 47 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.\ns 32 amd 2013 No. 39 s 93\n(sec.32-ssec.1) Subject to section 34 , a statutory instrument commences— if it is required to be notified under section 47 or published in the gazette—on the day on which it is notified or published; or if it is not required to be notified under section 47 or published in the gazette—on the day on which it is made; or if a later day or time is fixed in the statutory instrument—on that day or at that time.\n(sec.32-ssec.2) If a statutory instrument that is required to be notified under section 47 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.\n- (a) if it is required to be notified under section 47 or published in the gazette—on the day on which it is notified or published; or\n- (b) if it is not required to be notified under section 47 or published in the gazette—on the day on which it is made; or\n- (c) if a later day or time is fixed in the statutory instrument—on that day or at that time.","sortOrder":50},{"sectionNumber":"sec.33","sectionType":"section","heading":"Commencement of citation and commencement provisions","content":"### sec.33 Commencement of citation and commencement provisions\n\nThe provisions of a statutory instrument providing for its citation and commencement commence, by force of this subsection—\nif the statutory instrument is required to be notified under section 47 or published in the gazette—on the day on which it is notified or published; or\nif it is not required to be notified under section 47 or published in the gazette—on the day on which it is made.\nA reference—\nin an Act to the commencement of a statutory instrument (the law concerned ); or\nin a statutory instrument to the commencement of an Act, the statutory instrument, or another statutory instrument, (also the law concerned );\nis a reference to—\nif 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\nif paragraph (a) does not apply and the reference is in a provision of the law concerned—the commencement of the provision; or\nin any other case—the commencement of the relevant provision of the law concerned.\nSubsection (1) applies to a statutory instrument despite anything in the statutory instrument unless the statutory instrument expressly provides that it does not apply.\ns 33 amd 2013 No. 39 s 94\n(sec.33-ssec.1) The provisions of a statutory instrument providing for its citation and commencement commence, by force of this subsection— if the statutory instrument is required to be notified under section 47 or published in the gazette—on the day on which it is notified or published; or if it is not required to be notified under section 47 or published in the gazette—on the day on which it is made.\n(sec.33-ssec.2) A reference— in an Act to the commencement of a statutory instrument (the law concerned ); or 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— 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 if paragraph (a) does not apply and the reference is in a provision of the law concerned—the commencement of the provision; or in any other case—the commencement of the relevant provision of the law concerned.\n(sec.33-ssec.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.\n- (a) if the statutory instrument is required to be notified under section 47 or published in the gazette—on the day on which it is notified or published; or\n- (b) if it is not required to be notified under section 47 or published in the gazette—on the day on which it is made.\n- (a) in an Act to the commencement of a statutory instrument (the law concerned ); or\n- (b) in a statutory instrument to the commencement of an Act, the statutory instrument, or another statutory instrument, (also the law concerned );\n- (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\n- (d) if paragraph (a) does not apply and the reference is in a provision of the law concerned—the commencement of the provision; or\n- (e) in any other case—the commencement of the relevant provision of the law concerned.","sortOrder":51},{"sectionNumber":"sec.34","sectionType":"section","heading":"Beneficial retrospective commencement","content":"### sec.34 Beneficial retrospective commencement\n\nA beneficial provision of a statutory instrument may be given retrospective operation if the statutory instrument expressly provides for that operation.\nIn this section—\nbeneficial 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—\ndecreasing the person’s rights; or\nimposing liabilities on the person.\ns 34 amd 1992 No. 68 s 3 sch 1\n(sec.34-ssec.1) A beneficial provision of a statutory instrument may be given retrospective operation if the statutory instrument expressly provides for that operation.\n(sec.34-ssec.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— decreasing the person’s rights; or imposing liabilities on the person.\n- (a) decreasing the person’s rights; or\n- (b) imposing liabilities on the person.","sortOrder":52},{"sectionNumber":"sec.35","sectionType":"section","heading":"Subdivision does not apply until necessary Governor or Governor in Council action taken","content":"### sec.35 Subdivision does not apply until necessary Governor or Governor in Council action taken\n\nIf—\nan 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\nthe instrument is required by law to be approved, confirmed or otherwise consented to by the Governor or Governor in Council;\nthis subdivision does not apply to the instrument until the approval, confirmation or consent has been given.\n- (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\n- (b) the instrument is required by law to be approved, confirmed or otherwise consented to by the Governor or Governor in Council;","sortOrder":53},{"sectionNumber":"sec.36","sectionType":"section","heading":null,"content":"### Section sec.36\n\ns 36 om 2013 No. 39 s 95","sortOrder":54},{"sectionNumber":"sec.37","sectionType":"section","heading":"Words and expressions","content":"### sec.37 Words and expressions\n\nWords 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.","sortOrder":55},{"sectionNumber":"sec.38","sectionType":"section","heading":"References to certain instruments","content":"### sec.38 References to certain instruments\n\nIn a statutory instrument—\nAct or the Act , without mentioning a particular Act, means the Act under which the statutory instrument is made or in force.\ns 38 def Act or the Act ins 1994 No. 87 s 3 sch 1\nthe Act ...\ns 38 def the Act om 1994 No. 87 s 3 sch 1\nthese rules of court includes any statutory instrument made under the rules.\nthis by-law includes any statutory instrument made under the by-law.\nthis order in council includes any statutory instrument made under the order.\nthis ordinance includes any statutory instrument made under the ordinance.\nthis regulation includes any statutory instrument made under the regulation.\nthis rule includes any statutory instrument made under the rule.\ns 38 amd 1994 No. 87 s 3 sch 1","sortOrder":56},{"sectionNumber":"sec.39","sectionType":"section","heading":"Reference to enactment etc. of Acts","content":"### sec.39 Reference to enactment etc. of Acts\n\nIn 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.","sortOrder":57},{"sectionNumber":"sec.39A","sectionType":"section","heading":"Automatic repeal of commencement instrument","content":"### sec.39A Automatic repeal of commencement instrument\n\nA 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.\ns 39A ins 1994 No. 87 s 3 sch 1","sortOrder":58},{"sectionNumber":"pt.5","sectionType":"part","heading":null,"content":"","sortOrder":59},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":null,"content":"","sortOrder":60},{"sectionNumber":"sec.40","sectionType":"section","heading":null,"content":"### Section sec.40\n\ns 40 amd 1993 No. 32 s 3 sch 1\nsub 1994 No. 83 s 4\nom 2012 No. 25 s 177","sortOrder":61},{"sectionNumber":"sec.41","sectionType":"section","heading":null,"content":"### Section sec.41\n\ns 41 sub 1994 No. 83 s 4\nom 2012 No. 25 s 177","sortOrder":62},{"sectionNumber":"sec.42","sectionType":"section","heading":null,"content":"### Section sec.42\n\ns 42 sub 1994 No. 83 s 4\nom 2012 No. 25 s 177","sortOrder":63},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":null,"content":"","sortOrder":64},{"sectionNumber":"sec.43","sectionType":"section","heading":null,"content":"### Section sec.43\n\ns 43 amd 1993 No. 76 s 3 sch 1\nsub 1994 No. 83 s 4\nom 2012 No. 25 s 177","sortOrder":65},{"sectionNumber":"sec.44","sectionType":"section","heading":null,"content":"### Section sec.44\n\ns 44 sub 1993 No. 76 s 3 sch 1\namd 1994 No. 15 s 3 sch 1\nsub 1994 No. 83 s 4\nom 2012 No. 25 s 177","sortOrder":66},{"sectionNumber":"sec.45","sectionType":"section","heading":null,"content":"### Section sec.45\n\ns 45 sub 1994 No. 83 s 4\nom 2012 No. 25 s 177","sortOrder":67},{"sectionNumber":"sec.46","sectionType":"section","heading":null,"content":"### Section sec.46\n\ns 46 sub 1994 No. 83 s 4\namd 1995 No. 51 s 4 sch ; 2004 No. 45 s 136\n(3)–(4) exp 31 December 1996 (see s 46(4))\namd 2011 No. 18 s 404 sch 4 pt 1 ; 2012 No. 17 s 49\nom 2012 No. 25 s 177","sortOrder":68},{"sectionNumber":"pt.6","sectionType":"part","heading":"Procedures after making of subordinate legislation","content":"# Procedures after making of subordinate legislation","sortOrder":69},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Notification","content":"## Notification","sortOrder":70},{"sectionNumber":"sec.47","sectionType":"section","heading":"Notification","content":"### sec.47 Notification\n\nSubordinate legislation other than exempt subordinate legislation must be notified by publication on the Queensland legislation website ( normal publication ) of—\nthe subordinate legislation; and\nthe date of publication.\nHowever, if subordinate legislation can not for technical or other reasons be conveniently notified by normal publication, it may be notified ( alternative publication ) by—\npublishing it and the date of publication in another way decided by the parliamentary counsel; and\nnormal publication as soon as practicable.\nNotification of subordinate legislation by alternative publication happens on publication under subsection (2) (a) .\nExempt subordinate legislation must be notified by publication of the subordinate legislation in the gazette.\nExempt subordinate legislation is subordinate legislation that is not drafted by the Office of the Queensland Parliamentary Counsel. See the Legislative Standards Act 1992 , section 7 (e) and schedule 1 , definition exempt subordinate legislation .\ns 47 ins 1994 No. 15 s 3 sch 1\nsub 1994 No. 83 s 4 ; 2013 No. 39 s 99\n(sec.47-ssec.1) Subordinate legislation other than exempt subordinate legislation must be notified by publication on the Queensland legislation website ( normal publication ) of— the subordinate legislation; and the date of publication.\n(sec.47-ssec.2) However, if subordinate legislation can not for technical or other reasons be conveniently notified by normal publication, it may be notified ( alternative publication ) by— publishing it and the date of publication in another way decided by the parliamentary counsel; and normal publication as soon as practicable.\n(sec.47-ssec.3) Notification of subordinate legislation by alternative publication happens on publication under subsection (2) (a) .\n(sec.47-ssec.4) Exempt subordinate legislation must be notified by publication of the subordinate legislation in the gazette. Exempt subordinate legislation is subordinate legislation that is not drafted by the Office of the Queensland Parliamentary Counsel. See the Legislative Standards Act 1992 , section 7 (e) and schedule 1 , definition exempt subordinate legislation .\n- (a) the subordinate legislation; and\n- (b) the date of publication.\n- (a) publishing it and the date of publication in another way decided by the parliamentary counsel; and\n- (b) normal publication as soon as practicable.","sortOrder":71},{"sectionNumber":"sec.48","sectionType":"section","heading":null,"content":"### Section sec.48\n\ns 48 renum 1994 No. 15 s 3 sch 1\nsub 1994 No. 83 s 4\nom 2013 No. 39 s 100","sortOrder":72},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Tabling in Legislative Assembly","content":"## Tabling in Legislative Assembly","sortOrder":73},{"sectionNumber":"sec.49","sectionType":"section","heading":"Subordinate legislation must be tabled","content":"### sec.49 Subordinate legislation must be tabled\n\nSubordinate legislation must be tabled in the Legislative Assembly within 14 sitting days after it is notified under section 47 .\nUnder the Legislative Standards Act 1992 , section 22 , explanatory notes must be tabled with subordinate legislation.\nUnder the Human Rights Act 2019 , section 41 , a human rights certificate must be tabled with subordinate legislation.\nIf subordinate legislation is not tabled under subsection (1) , it ceases to have effect.\nIn this section—\nsubordinate legislation includes a form required, under an Act or a regulation under this Act, to be tabled in the Legislative Assembly.\ns 49 ins 1994 No. 83 s 4\namd 2013 No. 39 s 101 ; 2019 No. 5 s 181\n(sec.49-ssec.1) Subordinate legislation must be tabled in the Legislative Assembly within 14 sitting days after it is notified under section 47 . Under the Legislative Standards Act 1992 , section 22 , explanatory notes must be tabled with subordinate legislation. Under the Human Rights Act 2019 , section 41 , a human rights certificate must be tabled with subordinate legislation.\n(sec.49-ssec.2) If subordinate legislation is not tabled under subsection (1) , it ceases to have effect.\n(sec.49-ssec.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.\n- 1 Under the Legislative Standards Act 1992 , section 22 , explanatory notes must be tabled with subordinate legislation.\n- 2 Under the Human Rights Act 2019 , section 41 , a human rights certificate must be tabled with subordinate legislation.","sortOrder":74},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Disallowance procedures","content":"## Disallowance procedures","sortOrder":75},{"sectionNumber":"sec.50","sectionType":"section","heading":"Disallowance","content":"### sec.50 Disallowance\n\nThe 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.\nIf the disallowance motion is not moved on the day for its consideration, the motion lapses.\nIf the resolution is passed, the subordinate legislation ceases to have effect.\nAlso, 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.\nIn this section—\nsubordinate legislation includes—\na provision of subordinate legislation; and\na form required, under an Act or a regulation under this Act, to be tabled in the Legislative Assembly.\ns 50 ins 1994 No. 83 s 4\n(sec.50-ssec.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.\n(sec.50-ssec.2) If the disallowance motion is not moved on the day for its consideration, the motion lapses.\n(sec.50-ssec.3) If the resolution is passed, the subordinate legislation ceases to have effect.\n(sec.50-ssec.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.\n(sec.50-ssec.5) In this section— subordinate legislation includes— a provision of subordinate legislation; and a form required, under an Act or a regulation under this Act, to be tabled in the Legislative Assembly.\n- (a) a provision of subordinate legislation; and\n- (b) a form required, under an Act or a regulation under this Act, to be tabled in the Legislative Assembly.","sortOrder":76},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"General","content":"## General","sortOrder":77},{"sectionNumber":"sec.51","sectionType":"section","heading":"Limited saving of operation of subordinate legislation that ceases to have effect","content":"### sec.51 Limited saving of operation of subordinate legislation that ceases to have effect\n\nThis section applies if subordinate legislation ceases to have effect because it is not tabled or is disallowed.\nSection 49 deals with tabling of subordinate legislation and section 50 deals with disallowance of subordinate legislation.\nThe 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.\nHowever, subsection (2) does not affect anything done or suffered under the legislation before it ceased to have effect.\nIn this section—\nsubordinate legislation includes—\na provision of subordinate legislation; and\na form required, under an Act or a regulation under this Act, to be tabled in the Legislative Assembly.\ns 51 ins 1994 No. 83 s 4\namd 2013 No. 39 s 111 sch 4\n(sec.51-ssec.1) This section applies if subordinate legislation ceases to have effect because it is not tabled or is disallowed. Section 49 deals with tabling of subordinate legislation and section 50 deals with disallowance of subordinate legislation.\n(sec.51-ssec.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.\n(sec.51-ssec.3) However, subsection (2) does not affect anything done or suffered under the legislation before it ceased to have effect.\n(sec.51-ssec.4) In this section— subordinate legislation includes— a provision of subordinate legislation; and a form required, under an Act or a regulation under this Act, to be tabled in the Legislative Assembly.\n- (a) a provision of subordinate legislation; and\n- (b) a form required, under an Act or a regulation under this Act, to be tabled in the Legislative Assembly.","sortOrder":78},{"sectionNumber":"sec.52","sectionType":"section","heading":"Other notification, gazettal, tabling or disallowance provisions of no effect","content":"### sec.52 Other notification, gazettal, tabling or disallowance provisions of no effect\n\nA 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.\ns 52 ins 1994 No. 83 s 4","sortOrder":79},{"sectionNumber":"pt.7","sectionType":"part","heading":"Staged automatic expiry of subordinate legislation","content":"# Staged automatic expiry of subordinate legislation","sortOrder":80},{"sectionNumber":"sec.53","sectionType":"section","heading":"Purposes of part","content":"### sec.53 Purposes of part\n\nThe purposes of this part are to—\nreduce substantially the regulatory burden on the people of Queensland without compromising law and order and essential economic, environmental and social objectives; and\nensure subordinate legislation is relevant to the economic, social and general wellbeing of the people of Queensland; and\notherwise ensure the part of the Queensland statute book consisting of subordinate legislation is of the highest standard.\ns 53 ins 1994 No. 83 s 4\n- (a) reduce substantially the regulatory burden on the people of Queensland without compromising law and order and essential economic, environmental and social objectives; and\n- (b) ensure subordinate legislation is relevant to the economic, social and general wellbeing of the people of Queensland; and\n- (c) otherwise ensure the part of the Queensland statute book consisting of subordinate legislation is of the highest standard.","sortOrder":81},{"sectionNumber":"sec.54","sectionType":"section","heading":"When subordinate legislation expires","content":"### sec.54 When subordinate legislation expires\n\nSubordinate legislation expires on 1 September first occurring after the 10th anniversary of the day of its making unless—\nit is sooner repealed or expires; or\na regulation is made exempting it from expiry.\nSections 56 and 56A specify the subordinate legislation that may be exempted from expiry, and how long the exemption lasts.\nSubordinate legislation exempted from expiry under a regulation under this Act expires when the exemption ends.\ns 54 ins 1994 No. 83 s 4\namd 1998 No. 42 s 5 ; 2013 No. 39 s 111 sch 4\n(sec.54-ssec.1) Subordinate legislation expires on 1 September first occurring after the 10th anniversary of the day of its making unless— it is sooner repealed or expires; or a regulation is made exempting it from expiry. Sections 56 and 56A specify the subordinate legislation that may be exempted from expiry, and how long the exemption lasts.\n(sec.54-ssec.2) Subordinate legislation exempted from expiry under a regulation under this Act expires when the exemption ends.\n- (a) it is sooner repealed or expires; or\n- (b) a regulation is made exempting it from expiry. Note— Sections 56 and 56A specify the subordinate legislation that may be exempted from expiry, and how long the exemption lasts.","sortOrder":82},{"sectionNumber":"sec.55","sectionType":"section","heading":"Notice by parliamentary counsel of impending expiry","content":"### sec.55 Notice by parliamentary counsel of impending expiry\n\nThe parliamentary counsel must notify administering departments and agencies of when the following subordinate legislation will expire under this Act—\nsubordinate legislation, other than exempt subordinate legislation, published on the Queensland legislation website;\nsubordinate legislation prescribed by regulation.\nThe notice must be given at least 1 year before the expiry.\nFailure to give the notice does not affect the expiry.\ns 55 ins 1994 No. 83 s 4\namd 2013 No. 39 s 102\n(sec.55-ssec.1) The parliamentary counsel must notify administering departments and agencies of when the following subordinate legislation will expire under this Act— subordinate legislation, other than exempt subordinate legislation, published on the Queensland legislation website; subordinate legislation prescribed by regulation.\n(sec.55-ssec.2) The notice must be given at least 1 year before the expiry.\n(sec.55-ssec.3) Failure to give the notice does not affect the expiry.\n- (a) subordinate legislation, other than exempt subordinate legislation, published on the Queensland legislation website;\n- (b) subordinate legislation prescribed by regulation.","sortOrder":83},{"sectionNumber":"sec.56","sectionType":"section","heading":"Exemptions from expiry—uniform subordinate legislation","content":"### sec.56 Exemptions from expiry—uniform subordinate legislation\n\nA 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.\nIf 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.\ns 56 ins 1994 No. 83 s 4\nsub 1998 No. 42 s 6 ; 1999 No. 24 s 3\n(sec.56-ssec.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.\n(sec.56-ssec.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.","sortOrder":84},{"sectionNumber":"sec.56A","sectionType":"section","heading":"Exemptions from expiry—other subordinate legislation","content":"### sec.56A Exemptions from expiry—other subordinate legislation\n\nA 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—\nfor either of the following reasons—\nreplacement subordinate legislation is being drafted and is proposed to be made before the stated period ends;\nthe 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\nfor 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.\nIf 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.\nHowever, an extension regulation—\nmust be made before the subordinate legislation expires; and\nmay be made only for the stated reason under subsection (1) (b) .\nWithin 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—\nhow the Act or provision is subject to review; and\nif subsection (6) (a) applies—\nthe extent to which the Act or provision is being reviewed; and\nwhen the Minister expects the review to end.\nHowever, failure to comply with subsection (4) does not affect the validity of the extension regulation.\nFor this section, an Act or provision is subject to review if—\nthe Act or provision is being reviewed by any Minister; or\nbecause 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\nan 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.\nIn this section—\nresponsible 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.\ns 56A ins 1999 No. 24 s 3\n(sec.56A-ssec.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— for either of the following reasons— replacement subordinate legislation is being drafted and is proposed to be made before the stated period ends; 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 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.\n(sec.56A-ssec.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.\n(sec.56A-ssec.3) However, an extension regulation— must be made before the subordinate legislation expires; and may be made only for the stated reason under subsection (1) (b) .\n(sec.56A-ssec.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— how the Act or provision is subject to review; and if subsection (6) (a) applies— the extent to which the Act or provision is being reviewed; and when the Minister expects the review to end.\n(sec.56A-ssec.5) However, failure to comply with subsection (4) does not affect the validity of the extension regulation.\n(sec.56A-ssec.6) For this section, an Act or provision is subject to review if— the Act or provision is being reviewed by any Minister; or 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 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.\n(sec.56A-ssec.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.\n- (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\n- (i) replacement subordinate legislation is being drafted and is proposed to be made before the stated period ends;\n- (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\n- (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.\n- (i) replacement subordinate legislation is being drafted and is proposed to be made before the stated period ends;\n- (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\n- (a) must be made before the subordinate legislation expires; and\n- (b) may be made only for the stated reason under subsection (1) (b) .\n- (a) how the Act or provision is subject to review; and\n- (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.\n- (i) the extent to which the Act or provision is being reviewed; and\n- (ii) when the Minister expects the review to end.\n- (i) the extent to which the Act or provision is being reviewed; and\n- (ii) when the Minister expects the review to end.\n- (a) the Act or provision is being reviewed by any Minister; or\n- (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\n- (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.","sortOrder":85},{"sectionNumber":"sec.56B","sectionType":"section","heading":null,"content":"### Section sec.56B\n\ns 56B ins 2020 No. 13 s 36\nexp 31 December 2020 (see s 56B(6))","sortOrder":86},{"sectionNumber":"sec.57","sectionType":"section","heading":"Part does not apply to some subordinate legislation","content":"### sec.57 Part does not apply to some subordinate legislation\n\nThis 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.\nUnder 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.\nAlso, this part does not apply to subordinate legislation mentioned in schedule 2A .\nA regulation may list subordinate legislation to which subsection (1) applies.\nHowever, the application of subsection (1) to subordinate legislation is not affected by whether or not it is listed in a regulation under subsection (3) .\ns 57 ins 1994 No. 83 s 4\namd 1997 No. 48 s 55 ; 2013 No. 39 s 103\n(sec.57-ssec.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. 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.\n(sec.57-ssec.2) Also, this part does not apply to subordinate legislation mentioned in schedule 2A .\n(sec.57-ssec.3) A regulation may list subordinate legislation to which subsection (1) applies.\n(sec.57-ssec.4) However, the application of subsection (1) to subordinate legislation is not affected by whether or not it is listed in a regulation under subsection (3) .","sortOrder":87},{"sectionNumber":"pt.8","sectionType":"part","heading":null,"content":"","sortOrder":88},{"sectionNumber":"sec.58","sectionType":"section","heading":null,"content":"### Section sec.58\n\ns 58 ins 1994 No. 83 s 4\namd 2013 No. 39 s 105 (1) – (2)\nreloc as 1954 3 Eliz 2 No. 3 s 48","sortOrder":89},{"sectionNumber":"pt.9","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":90},{"sectionNumber":"sec.59","sectionType":"section","heading":"Regulation-making power","content":"### sec.59 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nWithout 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.\ns 59 ins 1994 No. 83 s 4\namd 1999 No. 24 s 4\n(sec.59-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.59-ssec.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.","sortOrder":91},{"sectionNumber":"pt.10","sectionType":"part","heading":"Transitional","content":"# Transitional","sortOrder":92},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"Transitional provision for Act No. 83 of 1994","content":"## Transitional provision for Act No. 83 of 1994","sortOrder":93},{"sectionNumber":"sec.60","sectionType":"section","heading":null,"content":"### Section sec.60\n\ns 60 ins 1994 No. 83 s 4\nexp 1 July 1995 (see s 60(3))","sortOrder":94},{"sectionNumber":"sec.61","sectionType":"section","heading":null,"content":"### Section sec.61\n\ns 61 ins 1994 No. 83 s 4\namd 1997 No. 9 s 74\nexp 1 July 1998 (see s 61(2))","sortOrder":95},{"sectionNumber":"sec.62","sectionType":"section","heading":"Transitional provisions about expiry of amending subordinate legislation","content":"### sec.62 Transitional provisions about expiry of amending subordinate legislation\n\nIf 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—\nwords of notification;\na provision about the amending legislation’s citation;\na provision about the amending legislation’s commencement;\na provision providing for the amendment or repeal of an Act, subordinate legislation or other instrument (including a provision identifying the amended or repealed instrument);\na 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;\na provision that is spent, has expired or otherwise ceased to have effect;\na savings, transitional or validating provision relating only to—\nthe expired legislation or an instrument amending the expired legislation; or\na time or event that has passed.\nUnder the Acts Interpretation Act 1954 , section 22C 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.\nIf 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.\ns 62 ins 1994 No. 83 s 4\namd 1999 No. 24 s 6\n(sec.62-ssec.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— words of notification; a provision about the amending legislation’s citation; a provision about the amending legislation’s commencement; 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); 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; a provision that is spent, has expired or otherwise ceased to have effect; a savings, transitional or validating provision relating only to— the expired legislation or an instrument amending the expired legislation; or a time or event that has passed. Under the Acts Interpretation Act 1954 , section 22C 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.\n(sec.62-ssec.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.\n- (a) words of notification;\n- (b) a provision about the amending legislation’s citation;\n- (c) a provision about the amending legislation’s commencement;\n- (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);\n- (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;\n- (f) a provision that is spent, has expired or otherwise ceased to have effect;\n- (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.\n- (i) the expired legislation or an instrument amending the expired legislation; or\n- (ii) a time or event that has passed.\n- (i) the expired legislation or an instrument amending the expired legislation; or\n- (ii) a time or event that has passed.","sortOrder":96},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"Transitional provision for Statutory Instruments and Another Act Amendment Act 1999","content":"## Transitional provision for Statutory Instruments and Another Act Amendment Act 1999","sortOrder":97},{"sectionNumber":"sec.62A","sectionType":"section","heading":"Transitional provisions for exemptions","content":"### sec.62A Transitional provisions for exemptions\n\nSection 56A(6)(b) and (c) apply even though the review mentioned in the provisions started or happened before the commencement of the provisions.\nFor the period from the commencement of this section—\nfor 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\nfor 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).\ns 62A ins 1999 No. 24 s 7\namd 2000 No. 46 s 3 sch\n(sec.62A-ssec.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.\n(sec.62A-ssec.2) For the period from the commencement of this section— 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 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).\n- (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\n- (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).","sortOrder":98},{"sectionNumber":"pt.10-div.3","sectionType":"division","heading":"Transitional provisions for Treasury and Trade and Other Legislation Amendment Act 2013","content":"## Transitional provisions for Treasury and Trade and Other Legislation Amendment Act 2013","sortOrder":99},{"sectionNumber":"sec.63","sectionType":"section","heading":"Tabling of subordinate legislation","content":"### sec.63 Tabling of subordinate legislation\n\nThis section applies to subordinate legislation, other than exempt subordinate legislation, that—\nwas notified or published in the gazette before the commencement of this section; and\nat the commencement, has not been tabled under section 49.\nSection 49 applies in relation to the subordinate legislation as if the reference to notified under section 47 were a reference to notified or published in the gazette.\nSee also the Acts Interpretation Act 1954 , section 57 in relation to references to subordinate legislation notified in the gazette.\ns 63 orig s 63 ins 1994 No. 83 s 4\nexp 1 December 1995 (see orig s 63(2)(a))\nAIA s 20A applies (see orig s 63(2)(b))\nprev s 63 ins 1998 No. 42 s 7\namd 2000 No. 46 s 3 sch\nexp 1 July 2003 (see s 63(5))\npres s 63 ins 2009 No. 50 s 18 sch\nsub 2013 No. 39 s 106\n(sec.63-ssec.1) This section applies to subordinate legislation, other than exempt subordinate legislation, that— was notified or published in the gazette before the commencement of this section; and at the commencement, has not been tabled under section 49.\n(sec.63-ssec.2) Section 49 applies in relation to the subordinate legislation as if the reference to notified under section 47 were a reference to notified or published in the gazette. See also the Acts Interpretation Act 1954 , section 57 in relation to references to subordinate legislation notified in the gazette.\n- (a) was notified or published in the gazette before the commencement of this section; and\n- (b) at the commencement, has not been tabled under section 49.","sortOrder":100},{"sectionNumber":"sec.64","sectionType":"section","heading":"Notice of impending expiry","content":"### sec.64 Notice of impending expiry\n\nSection 55 as in force before the commencement of this section continues to apply to subordinate legislation expiring, under this Act, on 1 September first occurring after the commencement.\ns 64 ins 2013 No. 39 s 106","sortOrder":101},{"sectionNumber":"pt.11","sectionType":"part","heading":null,"content":"","sortOrder":102}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The version of the Act presented includes multiple insertions and amendments that altered its practical scope and machinery after the original enactment. Examples in the text show provisions added or modified (for example, s 5A was inserted to bind the State (s 5A ins 1994 No. 83 s 3); application of Acts Interpretation Act provisions was modified by insertions such as s 14A (ins 2005 No. 70 s 154); the notification regime now requires publication on the Queensland legislation website with provisions for alternative publication decided by parliamentary counsel (sec 47, ins/amd notes); and the staged automatic expiry regime and its exemption/extension mechanics were introduced and expanded (secs 53–56A, with s 56A ins 1999 No. 24 s 3). Those textual amendment markers indicate the Act’s scope and administrative mechanisms have been changed since original enactment."},"complexity_factors":["Extensive cross-references to other statutes (Acts Interpretation Act 1954, Legislative Standards Act 1992, Human Rights Act 2019) increasing interpretive complexity (sec 14, sec 49).","Multiple definitions and categories (statutory instrument, statutory rule, subordinate legislation) with exceptions that change which procedures apply (secs 7–9).","Procedural deadlines and binary sanctions (tabling within 14 sitting days causes cessation if missed) that create sharp compliance risks (sec 49, sec 51).","Automatic staged expiry regime with class-based exemptions and multiple extension mechanisms (secs 54–56A) requiring administrative monitoring and regulatory action.","Discretionary powers given to several actors (Governor in Council, parliamentary counsel, Ministers) for publication methods, exemptions, and declarations, requiring judgment calls (secs 47, 56, 56A, 59).","Detailed delegation and subdelegation rules interacting with the Acts Interpretation Act (sec 16, sec 26).","Procedural rules about commencement, retrospective beneficial provisions, and incorporation of external documents that affect how and when instruments operate (secs 32–34, sec 23).","Transitional provisions and historical amendments noted in the text create multiple temporal layers practitioners must track (pt 10 and amendment notes)."],"plain_english_summary":"# What this Act does (mechanics)\n\n- The Statutory Instruments Act 1992 sets the rules for making, publishing, tabling, reviewing and expiring subordinate legislation (rules, regulations, proclamations, by‑laws and similar instruments) in Queensland. (see secs 3, 7, 9)\n\n- It defines which documents count as statutory instruments and subordinate legislation, and which do not. That determines which publication, tabling and disallowance procedures apply. (secs 7–9)\n\n- It requires most subordinate legislation to be published on the Queensland legislation website (normal publication) and to include the date of publication; exempt subordinate legislation must be published in the gazette. The parliamentary counsel may decide an alternative publication method where necessary. (sec 47)\n\n- After publication, subordinate legislation must be tabled in the Legislative Assembly within 14 sitting days. Explanatory notes and a human rights certificate must be tabled with subordinate legislation where required by other Acts. If the required tabling does not happen, the subordinate legislation ceases to have effect. (sec 49; Legislative Standards Act s 22; Human Rights Act s 41)\n\n- Members of the Legislative Assembly can give notice of a motion to disallow subordinate legislation within 14 sitting days after it is tabled; if a disallowance resolution passes (or the motion is not disposed of within 14 sitting days after notice), the subordinate legislation ceases to have effect. (sec 50)\n\n- Subordinate legislation generally expires automatically 10 years after it is made (on the first 1 September after the tenth anniversary) unless it is repealed sooner or exempted from expiry by regulation. The Act provides mechanisms for temporary or repeated exemptions for particular classes of subordinate legislation. (secs 54–56A)\n\n- The Act carries a number of detailed rules about how statutory instruments operate and interact with authorising laws: instruments cannot be read to exceed the authority granted by their authorising law (partial validity is preserved); instruments may adopt other documents, reference maps/plans or registers; they can apply generally or be limited geographically or by class; they may delegate decisions to specified persons or bodies (and subdelegation is allowed only if expressly authorised). (secs 21, 23, 23A, 24–26; see also sec 16 on subdelegation)\n\n- The Acts Interpretation Act 1954 applies to statutory instruments in many respects (as modified by this Act). Which provisions of that Act apply and which do not is set out here and in schedules referred to by this Act. (sec 14 and related sections)\n\n# Who this affects and who decides\n\n- Who makes and publishes instruments: Governor, Governor in Council, Ministers, public service officers, local governments and other authorised bodies (secs 7, 10–12, 20A). Those bodies (and their drafting offices) bear the drafting and publication tasks and any compliance costs (e.g. preparing explanatory notes and human rights certificates where required) (secs 47, 49; Legislative Standards Act s 22; Human Rights Act s 41).\n\n- Who polices instruments: the parliamentary counsel (decides alternative publication methods; must notify administering departments of impending expiry) and the Legislative Assembly (receives tabling, may disallow instruments). The Governor in Council may make regulations under this Act, including exemptions from expiry. (secs 47, 49–50, 55, 56, 59)\n\n- Who pays / bears costs: administering departments and agencies incur drafting, review, publication and replacement costs (sec 55 on notice of expiry). Persons and entities regulated by subordinate legislation may bear fees, prohibitions or other obligations set by instruments; the Act allows instruments to prescribe fees (including fees tied to reasonable cost) and to grant exemptions or refunds, but refunds cannot be funded from the consolidated fund unless another law authorises it. (secs 30A, 30B)\n\n# Why it matters (purpose claims and testing them against mechanics)\n\n- The Act states its purposes are to facilitate interpretation and improve presentation of statutory instruments, rationalise notification/publication/tabling/disallowance requirements, and ensure a high standard of subordinate legislation. (sec 2).\n\n- How the text implements those purposes and what trade‑offs arise:\n  - Standardised publication and tabling (secs 47, 49) centralise access and create a clear judicial and parliamentary record, which supports interpretation and scrutiny. The cost is administrative work for departments and the Parliamentary Counsel’s Office (drafting, web publication, tabling materials) and a hard sanction (cessation of effect) if tabling fails. (secs 47, 49, 51)\n  - The 10‑year automatic expiry regime (secs 53–56A) forces periodic review and replacement of subordinate legislation, which aims to keep instruments up to date. That produces ongoing workload for agencies and the Parliamentary Counsel’s Office (notification of impending expiry; drafting replacements) and creates short, administrable deadlines for Ministers to seek exemptions or extensions by regulation where appropriate. (secs 54–56A, 55)\n  - Parliamentary oversight mechanisms (tabling, explanatory notes, human rights certificates, member disallowance) embed legislative scrutiny at the expense of possible legal uncertainty if an instrument is not tabled or is disallowed — though the Act preserves acts done under an instrument before it ceased to have effect. (secs 49–51)\n  - The Act grants discretion to executive actors (Governor in Council, Minister, parliamentary counsel) in multiple places — to make regulations declaring uniformity or exemptions (secs 56, 59), to decide alternative publication (sec 47), and to extend exemptions (sec 56A). Those discretionary powers centralise decision authority and require administrative judgments about when to use exemptions or extensions.\n\n# Direct effects on regulated parties and markets (mechanisms, not judgments)\n\n- Instruments made under authorising laws can unilaterally affect rights or liabilities (sec 7 list includes instruments that “unilaterally affect a right or liability of another entity”), may prohibit activities (sec 27), and may fix fees (secs 30A–30B). Those are direct costs or constraints on individuals and businesses when exercised.\n\n- Instruments can adopt or incorporate other documents (sec 23), including laws of other jurisdictions, which can transfer external content or standards into Queensland instruments without reproducing them in full.\n\n- Subdelegation and authorisation provisions (secs 16, 26) allow decision‑making to be shifted to specified persons or bodies, moving regulatory choice from legislators to administrative actors; the Act limits subdelegation unless expressly authorised. (sec 16)\n\n# Implementation risks and compliance traps highlighted in the Act\n\n- Failure to table subordinate legislation within the strict 14‑sitting‑day window causes the instrument to cease to have effect (sec 49). That is a binary sanction that agencies must manage.\n\n- Instruments that are not within the power conferred by their authorising law are valid only to the extent they do not exceed power; the rest is severed (sec 21). That produces legal risk if drafters overreach.\n\n- The automatic expiry regime requires active monitoring: parliamentary counsel must notify departments at least one year before expiry (sec 55), but failure to give notice does not prevent expiry (sec 55(3)).\n\n# Key cross-references to watch when using this Act\n\n- Acts Interpretation Act 1954 provisions are applied or excluded in specified ways (sec 14 and schedules referenced). The Legislative Standards Act 1992 and the Human Rights Act 2019 impose additional tabling/documentary obligations that interact with this Act (sec 49).\n\n(Primary sections referenced above: secs 2–3, 7–9, 14, 16, 20–23, 23A, 24–27, 30A–30B, 32–34, 47–51, 54–56A, 55, 59.)"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1992 scope. The original Act focused primarily on interpretation and presentation of statutory instruments. The 1994 amendments (Act No. 83) introduced a comprehensive 'sunset' regime (Part 7) with automatic 10-year expiry, notification requirements, and tabling/disallowance procedures — effectively transforming it into a major regulatory management and reduction tool. Further amendments added human rights certificate requirements (2019), refined exemption mechanisms for uniform legislation, and added complex transitional provisions. The Act now functions as both an interpretation statute and a legislative lifecycle management system."},"complexity_factors":["Extensive cross-referencing to the Acts Interpretation Act 1954 (modifying which provisions apply and how)","Multiple defined terms with layered definitions (e.g., 'statutory instrument' → 'subordinate legislation' → 'statutory rule' with various exceptions)","Nested conditional logic in Part 7 regarding automatic expiry and exemptions (sections 54-57 with multiple exemption pathways)","Transitional provisions spanning multiple amendment Acts (1994, 1999, 2013) with overlapping and expired sections","Modified application provisions (sections 14A-18) that surgically alter external legislation's text when applied to statutory instruments","Multiple schedules referenced but not included in the extract (Schedules 1, 1A, 2, 2A, 3) containing critical definitional and exemption content","Complex commencement rules (sections 32-35) with multiple triggers and retrospective operation safeguards"],"plain_english_summary":"**What this law does:**\n\nThis is Queensland's **Statutory Instruments Act 1992** — essentially the \"rulebook for making rules.\" It governs how regulations, by-laws, proclamations, and other subordinate legislation (laws made by government bodies under powers given by Acts of Parliament) are created, interpreted, published, and managed.\n\n**Who it affects:**\n\n*   **Government agencies and departments** — anyone drafting regulations or other statutory instruments\n*   **The Queensland Parliament** — controls how subordinate legislation is tabled and can be disallowed\n*   **The public** — determines when laws take effect, how they're published, and ensures old regulations automatically expire unless renewed\n*   **Courts and lawyers** — provides rules for interpreting regulations and other instruments\n\n**Why it matters:**\n\nThis Act ensures **transparency and accountability** in law-making below the level of Acts of Parliament. Key features include:\n\n*   **Automatic expiry:** Most subordinate legislation \"sunsets\" after 10 years unless specifically renewed, preventing outdated rules from lingering\n*   **Parliamentary oversight:** Subordinate legislation must be tabled in Parliament and can be disallowed by resolution\n*   **Publication requirements:** Laws must be published on the Queensland legislation website (or gazette) so people can actually find them\n*   **Interpretation rules:** Adapts the *Acts Interpretation Act 1954* to apply to regulations and other instruments, ensuring consistent legal interpretation\n*   **Regulatory reduction:** Explicitly aims to reduce \"regulatory burden\" by culling old subordinate legislation\n\nThink of it as the machinery that keeps Queensland's secondary laws clean, current, and accountable to Parliament and the public."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's original four stated purposes (interpretation, presentation, rationalising notification/tabling/disallowance, and quality of subordinate legislation) have been substantially expanded in practice through successive amendments. Most significantly, the 1994 amendments added an entirely new regime — the staged automatic 10-year expiry of subordinate legislation (Part 7) — which goes well beyond the original rationalisation purpose and represents a significant regulatory reform mechanism not contemplated in the original Act. The Act also grew to absorb human rights compliance requirements (via the Human Rights Act 2019 amendments to section 49) and digital publication requirements replacing gazette publication."},"complexity_factors":["Multiple layered definitions with cross-references (statutory instrument → statutory rule → subordinate legislation), each with inclusions and exclusions that must be read together","Extensive interaction with another Act (Acts Interpretation Act 1954), selectively applying, modifying, and excluding its provisions via schedules","Multiple procedural timelines with distinct consequences (14 sitting days for tabling, 14 sitting days for disallowance notice, 14 sitting days to resolve motion)","Complex expiry regime with different rules for uniform subordinate legislation vs. other subordinate legislation, and different exemption periods (up to 5 years vs. up to 1 year)","Multiple transitional provisions for different amendment Acts, some of which have already expired, making it difficult to read the current operative state","The Act has been substantially amended multiple times (1992, 1993, 1994, 1998, 1999, 2005, 2012, 2013, 2019, 2023), with numerous sections omitted, substituted, or relocated","Retrospectivity rules require careful analysis — distinguishing beneficial from harmful provisions and applying them differently","References to schedules (Schedule 1, 1A, 2, 2A, 3) that are not included in the provided text, creating gaps in comprehension"],"plain_english_summary":"## What is this law?\n\nThe *Statutory Instruments Act 1992* (Qld) is the foundational law governing how Queensland's **subordinate legislation** (laws made by the executive government — not by Parliament directly, but *under* authority granted by Parliament) is created, interpreted, published, scrutinised, and eventually retired.\n\n## What is \"subordinate legislation\"?\n\nWhen Parliament passes a law (an Act), it often gives government ministers, the Governor-in-Council (Cabinet + the Governor), or other bodies the power to fill in the details by making rules, regulations, and orders. These are called **statutory instruments** — things like regulations, by-laws, local laws, proclamations, and guidelines. This Act sets the rules for all of them.\n\n## Who does this affect?\n\n- **Everyone in Queensland**: Subordinate legislation governs everyday life — from vehicle standards to planning rules to professional licensing fees. This Act determines how those rules are made and whether they're valid.\n- **Government agencies and departments**: They must follow strict procedures when making subordinate legislation.\n- **Lawyers and courts**: The Act provides interpretation rules that apply to all subordinate legislation.\n- **Parliament and its members**: The Act gives Parliament the power to **disallow** (cancel) regulations it disagrees with.\n\n## Key things this law does\n\n### 1. Defines the legal landscape\nIt defines what counts as a \"statutory instrument,\" a \"statutory rule,\" and \"subordinate legislation\" — drawing clear distinctions between different types of government-made law (regulations, orders, by-laws, guidelines, etc.).\n\n### 2. Applies interpretation rules\nIt imports many of the same interpretation rules that apply to Acts of Parliament (from the *Acts Interpretation Act 1954*) and applies them to subordinate legislation too. This means courts and agencies use consistent rules when working out what a regulation means.\n\n### 3. Sets powers for making subordinate legislation\nIt clarifies that when an Act gives power to make subordinate legislation, that power is broad — covering anything \"necessary or convenient\" to give effect to the Act. It also allows regulations to incorporate other documents (like national standards) by reference.\n\n### 4. Controls commencement (when laws kick in)\nSubordinate legislation generally starts operating on the day it is officially published. It **cannot** be made to apply *retrospectively* (back in time) unless the change benefits people rather than harming them.\n\n### 5. Requires publication and transparency\nMost subordinate legislation must be published on the Queensland legislation website. This is how the public is formally notified it exists and is legally effective.\n\n### 6. Requires tabling before Parliament\nWithin **14 sitting days** of being published, subordinate legislation must be **tabled** (formally presented) in the Legislative Assembly. If it isn't tabled in time, it automatically ceases to have effect — as if it was never made.\n\n### 7. Allows Parliament to cancel regulations (disallowance)\nWithin 14 sitting days of tabling, any member of Parliament can give notice of a motion to **disallow** (cancel) the legislation. If such a motion is unresolved after 14 sitting days, the legislation is automatically cancelled — a key accountability mechanism.\n\n### 8. Automatic 10-year expiry\nAll subordinate legislation automatically expires **10 years after it was made** (on 1 September following the 10th anniversary). This forces governments to actively review and renew rules rather than letting outdated regulations pile up. Exemptions can be granted by regulation, but only for limited periods and for stated reasons (such as a review being underway).\n\n## Why does this matter to you?\n\nIf a government regulation affects your business, property, rights, or obligations, this Act determines:\n- Whether that regulation was lawfully made\n- How it should be interpreted\n- Whether Parliament had a chance to scrutinise and reject it\n- Whether it has already expired without replacement"},"issue_detection":{"absurdities":[{"type":"other","section":"sec.6","severity":"medium","reasoning":"While courts would likely apply a purposive construction, the literal definition of 'instrument' as 'any document' with no qualification whatsoever creates an absurdly wide definitional base. The Act applies to all statutory instruments (s.3), and a statutory instrument must be an 'instrument' (s.7), so the threshold question of what constitutes an 'instrument' is critical. The definition does no work in limiting scope.","confidence":0.65,"description":"The definition of 'instrument' as 'any document' is extraordinarily overbroad. Under this definition, a shopping list, a birthday card, or a Post-it note would qualify as an 'instrument', creating the potential foundation for almost anything to become a statutory instrument if it satisfies s.7."},{"type":"circular_definition","section":"sec.7","severity":"medium","reasoning":"The term 'statute' in s.7(3) appears to refer to a particular type of subordinate instrument (e.g., university statutes), not Acts of Parliament. However, the Act provides no definition distinguishing a 'statute' as subordinate legislation from an 'Act', and the word 'statute' in ordinary legal usage means primary legislation. This risks genuine confusion about which regime applies.","confidence":0.7,"description":"Section 7 defines a 'statutory instrument' as including a 'statute', meaning a statute can be a statutory instrument made under an Act. This creates a recursive conceptual absurdity: a 'statute' (typically understood as primary legislation) is listed as a type of subordinate instrument made under an Act, conflating two fundamentally different categories of law."},{"type":"self_contradicting","section":"sec.4","severity":"medium","reasoning":"The Act is meant to govern all statutory instruments (s.3), but s.4 allows any instrument to displace this Act. Since a statutory instrument made under this Act is itself subject to this Act, an instrument could potentially displace its own governing legislation, including the tabling and disallowance requirements the Act is designed to 'rationalise' (s.2(c)).","confidence":0.6,"description":"Section 4 allows any instrument (including a statutory instrument made under this Act) to displace the application of this Act by contrary intention. Since s.6 defines 'instrument' as 'any document', almost any document could theoretically displace this Act's operation, potentially including the very instruments this Act is designed to regulate."},{"type":"self_contradicting","section":"sec.51","severity":"high","reasoning":"The legal fiction in s.51(2) that disallowed or non-tabled subordinate legislation is 'taken never to have been made' is directly undermined by s.51(3) which saves things done under it. You cannot simultaneously hold that legislation never existed while also recognising rights and obligations that arose under it. This creates an impossible legal state where courts must treat the instrument as both non-existent and operative.","confidence":0.85,"description":"Section 51(2) deems subordinate legislation that ceases to have effect as having 'never been made', yet s.51(3) simultaneously preserves the legal effect of 'anything done or suffered under the legislation'. This is internally contradictory: if the legislation never existed, the legal basis for actions taken under it also never existed, making the saving provision logically incoherent."},{"type":"self_contradicting","section":"sec.50","severity":"high","reasoning":"The plain reading of s.50(4) is that if a disallowance motion is given but then withdrawn or lapses without being moved (s.50(2)), the subordinate legislation still ceases to have effect. This means that the mere giving of a notice of disallowance motion, regardless of Parliament's actual view, triggers automatic disallowance. Parliament is effectively penalised for its own procedural flexibility. This appears to be an unintended consequence that could invalidate significant subordinate legislation through procedural accident.","confidence":0.8,"description":"Section 50(4) provides that subordinate legislation ceases to have effect if a disallowance resolution 'has not been disposed of' at the end of 14 sitting days after notice is given, including where the motion has 'lapsed' or been 'withdrawn'. This means that where Parliament actively decides NOT to disallow legislation (by withdrawing the motion or allowing it to lapse), the legislation is automatically disallowed anyway — punishing legislative inaction or deliberate restraint with the same consequence as a successful disallowance."},{"type":"impossible_compliance","section":"sec.55","severity":"medium","reasoning":"A mandatory duty with no consequence for breach is a logical absurdity in legislative drafting. The combination of 'must' in s.55(2) and the express nullification of consequences in s.55(3) means departments may lose subordinate legislation without any warning, defeating the stated purpose of giving at least 1 year's notice. The section simultaneously mandates and renders optional the same obligation.","confidence":0.9,"description":"Section 55(3) provides that failure to give the mandatory notice of impending expiry 'does not affect the expiry'. The parliamentary counsel is under a mandatory duty ('must notify') but the consequence of breach is expressly stated to be nothing. This renders the duty purely aspirational and unenforceable, making the 'must' meaningless."},{"type":"other","section":"sec.56A","severity":"medium","reasoning":"The exemption ground in s.56A(1)(a)(ii) is self-defeating: subordinate legislation that has run its 10-year course and is not being replaced can be granted an additional year of life precisely because it is not being replaced. This allows the executive to effectively nullify the automatic expiry mechanism by cycling through 1-year exemptions on the basis that no replacement is coming.","confidence":0.7,"description":"Section 56A(1)(a)(ii) permits exemption from expiry on the basis that the subordinate legislation 'is not proposed to be replaced' — meaning the government can indefinitely defer the expiry of legislation it has decided is no longer needed, simply by stating it won't replace it. This undermines the entire purpose of the staged expiry regime in Part 7."},{"type":"impossible_compliance","section":"sec.56A-ssec.4 and sec.56A-ssec.5","severity":"medium","reasoning":"The same drafting flaw as s.55 reappears: a mandatory duty ('must table') is expressly stripped of any legal consequence. The accountability mechanism requiring the Minister to explain to Parliament why an exemption is being extended has no teeth. This is particularly concerning given that the purpose of the extension regime is parliamentary oversight of executive regulatory power.","confidence":0.9,"description":"Section 56A(4) imposes a mandatory tabling obligation on the responsible Minister within 7 sitting days of an extension regulation, yet s.56A(5) expressly provides that failure to comply 'does not affect the validity of the extension regulation'. Again, a mandatory obligation is rendered entirely toothless, making the parliamentary accountability mechanism purely ceremonial."},{"type":"other","section":"sec.39A","severity":"low","reasoning":"While largely harmless, the automatic repeal of a spent commencement instrument creates minor conceptual issues. The repeal does not undo the commencement already effected, but the provision's utility is nil since the instrument was already spent before the repeal takes effect. The provision creates unnecessary legal noise.","confidence":0.55,"description":"Section 39A provides that a statutory instrument that 'merely provides for the commencement of a law' is automatically repealed the day after commencement. However, by the time the automatic repeal occurs, the instrument has already fulfilled its only function. The 'repeal' of an already-spent commencement instrument is legally meaningless and adds no value, while also raising the theoretical question of whether the commencement it effected remains valid if the instrument is retrospectively treated as repealed."},{"type":"circular_definition","section":"sec.7 (definition of statutory instrument) read with sec.3","severity":"low","reasoning":"While in practice instruments trace back to an Act, s.7(2)(b) permits a statutory instrument to be authorised solely by another statutory instrument, which is itself authorised by another statutory instrument, ad infinitum. The Act does not require that the chain of authority ultimately terminate in an Act. This creates a theoretical bootstrapping problem where subordinate legislation could authorise itself through circular chains.","confidence":0.5,"description":"Section 7(2)(b) provides that a statutory instrument may be made under 'another statutory instrument'. Since a statutory instrument must itself be made under an Act or another statutory instrument, this creates a potential infinite regress where each instrument in a chain of authority is itself a statutory instrument requiring its own authorising instrument, with no guaranteed terminus in primary legislation."}],"contradictions":[{"severity":"medium","section_a":"sec.3","section_b":"sec.4","confidence":0.75,"description":"Section 3 declares that 'This Act applies to all statutory instruments' as an absolute proposition. Section 4 immediately qualifies this by allowing any instrument to displace the Act by contrary intention. Together these provisions are contradictory: the Act cannot simultaneously apply to 'all' statutory instruments and also be displaceable by any instrument."},{"severity":"high","section_a":"sec.51-ssec.2","section_b":"sec.51-ssec.3","confidence":0.9,"description":"Section 51(2) deems disallowed or non-tabled subordinate legislation as having 'never been made'. Section 51(3) saves the legal effect of 'anything done or suffered under the legislation before it ceased to have effect'. These subsections are logically contradictory: if the legislation never existed (s.51(2)), nothing could legally have been 'done under' it, yet s.51(3) presupposes a period of valid operation."},{"severity":"high","section_a":"sec.50-ssec.2","section_b":"sec.50-ssec.4","confidence":0.8,"description":"Section 50(2) provides that if a disallowance motion 'is not moved on the day for its consideration, the motion lapses'. Section 50(4) then provides that 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. This means a lapsed motion (which under s.50(2) would seem to end the disallowance process) nevertheless triggers automatic disallowance under s.50(4), creating contradictory outcomes for the same event."},{"severity":"low","section_a":"sec.32-ssec.1(c)","section_b":"sec.32-ssec.2","confidence":0.65,"description":"Section 32(1)(c) provides that a statutory instrument commences on 'a later day or time fixed in the statutory instrument'. Section 32(2) provides that if the instrument is notified after the fixed commencement day, it 'commences on the day on which it is notified'. The 'later day' provision in s.32(1)(c) is not limited to days later than notification, so a fixed commencement date that precedes notification is overridden by s.32(2), creating a conflict about which commencement date prevails."},{"severity":"medium","section_a":"sec.9-ssec.1(a)","section_b":"sec.9-ssec.2(a)","confidence":0.7,"description":"Section 9(1)(a) defines as 'subordinate legislation' a statutory rule that is (among other things) a 'by-law'. Section 9(2)(a) excludes from 'subordinate legislation' 'a local law or other statutory instrument made by a local government'. Local governments routinely make by-laws. A by-law made by a local government would simultaneously satisfy s.9(1)(a) (a statutory rule that is a by-law) and be excluded by s.9(2)(a) (a statutory instrument made by a local government). The interaction creates ambiguity about the status of local government by-laws."},{"severity":"low","section_a":"sec.54-ssec.1","section_b":"sec.57-ssec.1 and sec.57-ssec.4","confidence":0.6,"description":"Section 54(1) establishes that subordinate legislation expires 10 years after making. Section 57(1) exempts subordinate legislation requiring a Legislative Assembly resolution before repeal. Section 57(4) states that whether or not exempt legislation is listed in a regulation 'does not affect' the exemption. This means the executive (via regulation under s.57(3)) has no actual control over which legislation is listed, yet the regulation-making power is granted — a power with no legal consequence contradicts the principle that Parliament does not legislate in vain."},{"severity":"low","section_a":"sec.20A-ssec.1","section_b":"sec.9-ssec.2(a)","confidence":0.45,"description":"Section 20A allows the Governor in Council to make provision by regulation even where the Act specifies a different type of subordinate legislation. Section 9(2)(a) excludes local government instruments from subordinate legislation. However, s.20A(1) refers to 'an officer of the public service or the holder of a prescribed office' being authorised to make subordinate legislation, which could theoretically include officers administering local government functions, creating ambiguity about whether s.20A can override the local government exclusion in s.9(2)(a)."}]}},"importantCases":[],"_links":{"self":"/api/acts/statutory-instruments-act-1992","history":"/api/acts/statutory-instruments-act-1992/history","analysis":"/api/acts/statutory-instruments-act-1992/analysis","conflicts":"/api/acts/statutory-instruments-act-1992/conflicts","importantCases":"/api/acts/statutory-instruments-act-1992/important-cases","documents":"/api/acts/statutory-instruments-act-1992/documents"}}