Statutory Instruments Act 1992 (Qld)

Statutory Instruments Act 1992

An Act relating to statutory instruments and for other purposes related to legislation

Part 1    Preliminary

1   Short title

This Act may be cited as the Statutory Instruments Act 1992.

2   Purposes of Act

The purposes of this Act are to—

(a)facilitate the interpretation of statutory instruments; and

(b)facilitate improvement in the presentation of statutory instruments; and

(c)rationalise notification, publication, tabling and disallowance requirements for subordinate legislation; and

(d)generally ensure that Queensland subordinate legislation is of the highest standard.

3   Act applies to all statutory instruments

This Act applies to all statutory instruments.

4   Displacement of Act by contrary intention

The application of this Act may be displaced, wholly or partly, by a contrary intention appearing in any instrument.

5   Dictionary

The dictionary in schedule 3 defines particular words used in this Act.

5A   Act binds the State

This Act binds the State.

Part 2    Types of statutory instruments

6   Meaning of instrument

An instrument is any document.

7   Meaning of statutory instrument

(1)A statutory instrument is an instrument that satisfies subsections (2) and (3).

(2)The instrument must be made under—

(a)an Act; or

(b)another statutory instrument; or

(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

(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.

(4)However, to remove doubt, an Executive Council minute is not itself a statutory instrument.

8   Meaning of statutory rule

A statutory rule is a statutory instrument—

(a)that is made by the Governor or the Governor in Council; or

(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.

9   Meaning of subordinate legislation

(1)Subject to subsection (2), the following instruments are subordinate legislation—

(a)a statutory rule that is a regulation, rule, by-law, ordinance or statute;

(b)a statutory rule that is an order in council or proclamation of a legislative character;

(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;

(d)any other statutory instrument that fixes or otherwise determines…