sec.4Meaning of fundamental legislative principles

### sec.4 Meaning of fundamental legislative principles For the purposes of this Act, fundamental legislative principles are the principles relating to legislation that underlie a parliamentary democracy based on the rule of law. Under section 7 , a function of the Office of the Queensland Parliamentary Counsel is to advise on the application of fundamental legislative principles to proposed legislation. The principles include requiring that legislation has sufficient regard to— rights and liberties of individuals; and the institution of Parliament. Whether legislation has sufficient regard to rights and liberties of individuals depends on whether, for example, the legislation— makes rights and liberties, or obligations, dependent on administrative power only if the power is sufficiently defined and subject to appropriate review; and is consistent with principles of natural justice; and allows the delegation of administrative power only in appropriate cases and to appropriate persons; and does not reverse the onus of proof in criminal proceedings without adequate justification; and confers power to enter premises, and search for or seize documents or other property, only with a warrant issued by a judge or other judicial officer; and provides appropriate protection against self-incrimination; and does not adversely affect rights and liberties, or impose obligations, retrospectively; and does not confer immunity from proceeding or prosecution without adequate justification; and provides for the compulsory acquisition of property only with fair compensation; and has sufficient regard to Aboriginal tradition and Island custom; and is unambiguous and drafted in a sufficiently clear and precise way. Whether a Bill has sufficient regard to the institution of Parliament depends on whether, for example, the Bill— allows the delegation of legislative power only in appropriate cases and to appropriate persons; and sufficiently subjects the exercise of a delegated legislative power to the scrutiny of the Legislative Assembly; and authorises the amendment of an Act only by another Act. Whether subordinate legislation has sufficient regard to the institution of Parliament depends on whether, for example, the subordinate legislation— is within the power that, under an Act or subordinate legislation (the authorising law ), allows the subordinate legislation to be made; and is consistent with the policy objectives of the authorising law; and contains only matter appropriate to subordinate legislation; and amends statutory instruments only; and allows the subdelegation of a power delegated by an Act only— in appropriate cases and to appropriate persons; and if authorised by an Act. s 4 amd 1992 No. 68 s 3 sch 1 ; 1994 No. 83 s 8 ; 2013 No. 39 s 111 sch 4 (sec.4-ssec.1) For the purposes of this Act, fundamental legislative principles are the principles relating to legislation that underlie a parliamentary democracy based on the rule of law. Under section 7 , a function of the Office of the Queensland Parliamentary Counsel is to advise on the application of fundamental legislative principles to proposed legislation. (sec.4-ssec.2) The principles include requiring that legislation has sufficient regard to— rights and liberties of individuals; and the institution of Parliament. (sec.4-ssec.3) Whether legislation has sufficient regard to rights and liberties of individuals depends on whether, for example, the legislation— makes rights and liberties, or obligations, dependent on administrative power only if the power is sufficiently defined and subject to appropriate review; and is consistent with principles of natural justice; and allows the delegation of administrative power only in appropriate cases and to appropriate persons; and does not reverse the onus of proof in criminal proceedings without adequate justification; and confers power to enter premises, and search for or seize documents or other property, only with a warrant issued by a judge or other judicial officer; and provides appropriate protection against self-incrimination; and does not adversely affect rights and liberties, or impose obligations, retrospectively; and does not confer immunity from proceeding or prosecution without adequate justification; and provides for the compulsory acquisition of property only with fair compensation; and has sufficient regard to Aboriginal tradition and Island custom; and is unambiguous and drafted in a sufficiently clear and precise way. (sec.4-ssec.4) Whether a Bill has sufficient regard to the institution of Parliament depends on whether, for example, the Bill— allows the delegation of legislative power only in appropriate cases and to appropriate persons; and sufficiently subjects the exercise of a delegated legislative power to the scrutiny of the Legislative Assembly; and authorises the amendment of an Act only by another Act. (sec.4-ssec.5) Whether subordinate legislation has sufficient regard to the institution of Parliament depends on whether, for example, the subordinate legislation— is within the power that, under an Act or subordinate legislation (the authorising law ), allows the subordinate legislation to be made; and is consistent with the policy objectives of the authorising law; and contains only matter appropriate to subordinate legislation; and amends statutory instruments only; and allows the subdelegation of a power delegated by an Act only— in appropriate cases and to appropriate persons; and if authorised by an Act. - (a) rights and liberties of individuals; and - (b) the institution of Parliament. - (a) makes rights and liberties, or obligations, dependent on administrative power only if the power is sufficiently defined and subject to appropriate review; and - (b) is consistent with principles of natural justice; and - (c) allows the delegation of administrative power only in appropriate cases and to appropriate persons; and - (d) does not reverse the onus of proof in criminal proceedings without adequate justification; and - (e) confers power to enter premises, and search for or seize documents or other property, only with a warrant issued by a judge or other judicial officer; and - (f) provides appropriate protection against self-incrimination; and - (g) does not adversely affect rights and liberties, or impose obligations, retrospectively; and - (h) does not confer immunity from proceeding or prosecution without adequate justification; and - (i) provides for the compulsory acquisition of property only with fair compensation; and - (j) has sufficient regard to Aboriginal tradition and Island custom; and - (k) is unambiguous and drafted in a sufficiently clear and precise way. - (a) allows the delegation of legislative power only in appropriate cases and to appropriate persons; and - (b) sufficiently subjects the exercise of a delegated legislative power to the scrutiny of the Legislative Assembly; and - (c) authorises the amendment of an Act only by another Act. - (a) is within the power that, under an Act or subordinate legislation (the authorising law ), allows the subordinate legislation to be made; and - (b) is consistent with the policy objectives of the authorising law; and - (c) contains only matter appropriate to subordinate legislation; and - (d) amends statutory instruments only; and - (e) allows the subdelegation of a power delegated by an Act only— (i) in appropriate cases and to appropriate persons; and (ii) if authorised by an Act. - (i) in appropriate cases and to appropriate persons; and - (ii) if authorised by an Act. - (i) in appropriate cases and to appropriate persons; and - (ii) if authorised by an Act.