QLDIn ForceAct
Statutory Instruments Act 1992
sec.20ARegulation may be used instead of another type of subordinate legislation
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### sec.20A Regulation may be used instead of another type of subordinate legislation
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 .
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If provision has already been made with respect to a matter by order in council, the order in council may be repealed or amended by a regulation.
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 .
s 20A ins 1992 No. 68 s 3 sch 1
amd 1993 No. 32 s 3 sch 1
(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 .
(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.
(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 .
- (a) an Act authorises or requires the Governor, the Governor in Council, a Minister, an officer of the public service or the holder of a prescribed office established by or under an Act to make provision with respect to a matter by subordinate legislation; and
- (b) the Act or another Act— (i) does not specify the type of subordinate legislation to be used; or (ii) specifies that a type of subordinate legislation other than a regulation is to be used;
- (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;
- (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;