Statutory Instruments Amendment Regulation (No. 1) 1998 (Qld)

Queensland Subordinate Legislation 1998 No. 119 Statutory Instruments Act 1992 STATUTORY INSTRUMENTS AMENDMENT REGULATION (No. 1) 1998 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Insertion of new ss 4–7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Exemptions from expiry—Act, s 56(1)(a) . . . . . . . . . . . . . . . . . . . . . 3 5 Exemptions from expiry—Act, s 56(1)(b) . . . . . . . . . . . . . . . . . . . . . 3 6 Exemptions from expiry—Act, s 56(1)(c) . . . . . . . . . . . . . . . . . . . . . 4 7 Exemptions from expiry—interpretation . . . . . . . . . . . . . . . . . . . . . . 4 5 Amendment of sch 1 (Statutory instruments that are subordinate legislation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Amendment of sch 2 (Statutory rules that are not subordinate legislation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Insertion of new schs 3–5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 SCHEDULE 3 EXEMPTIONS FROM EXPIRY—LEGISLATION FOR WHICH A REPLACEMENT IS BEING DRAFTED SCHEDULE 4 EXEMPTIONS FROM EXPIRY—LEGISLATION NOT PROPOSED TO BE REPLACED

2 Statutory Instruments Amendment (No. 1) No. 119, 1998 SCHEDULE 5 EXEMPTIONS FROM EXPIRY—LEGISLATION SUBSTANTIALLY UNIFORM OR COMPLEMENTARY WITH LEGISLATION OF THE COMMONWEALTH OR ANOTHER STATE

s1 3 s4 Statutory Instruments Amendment (No. 1) No. 119, 1998 ˙ Short title 1. This regulation may be cited as the Statutory Instruments Amendment Regulation (No. 1) 1998 . ˙ Commencement 2. This regulation commences on 1 July 1998. ˙ Regulation amended 3. This regulation amends the Statutory Instruments Regulation 1992 . ˙ Insertion of new ss 4–7 4. After section 3— insert— ˙ ‘ Exemptions from expiry—Act, s 56(1)(a) ‘ 4.(1) Replacement subordinate legislation is being drafted for the subordinate legislation mentioned in schedule 3 and is proposed to be made before the end of 30 June 1999. ‘ (2) Subordinate legislation mentioned in schedule 3, if not repealed on or before 1 July 1998, is exempt from expiry under part 7 of the Act for the period ending at midnight on 30 June 1999 (the “exemption period” ). ‘ (3) The exemption for an instrument of subordinate legislation ends if the instrument stops having effect during the exemption period. ˙ ‘ Exemptions from expiry—Act, s 56(1)(b) ‘ 5.(1) Subordinate legislation mentioned in schedule 4, if not repealed on or before 1 July 1998— (a) is exempt from expiry under part 7 of the Act for the period ending at midnight on 30 June 1999 (the “exemption period” ); and (b) is not proposed to be replaced at the end of the exemption period.

s4 4 s4 Statutory Instruments Amendment (No. 1) No. 119, 1998 ‘ (2) The exemption for an instrument of subordinate legislation ends if the subordinate legislation stops having effect during the exemption period. ˙ ‘ Exemptions from expiry—Act, s 56(1)(c) ‘ 6.(1) Subordinate legislation mentioned in schedule 5— (a) is substantially uniform or complementary with legislation of the Commonwealth or another State; and (b) is exempt from expiry under part 7 of the Actfor the period ending at midnight on 30 June 2003 (the “exemption period” ). ‘ (2) The exemption for an instrument of subordinate legislation ends if the subordinate legislation stops having effect during the exemption period. ˙ ‘ Exemptions from expiry—interpretation ‘ 7.(1) In schedules 3 and 4, a reference to subordinate legislation without expressly identifying it is a reference only to subordinate legislation of the type referred to that is not spent. (2) A reference to subordinate legislation in schedules 3 to 5 includes a reference to the subordinate legislation as amended from time to time. ‘ (3) For subsection (1), subordinate legislation is “spent” if— (a) all of its operative provisions— (i) have been expressly or impliedly repealed; or (ii) are no longer in force; or (iii) are incapable of operating; or (b) it would be repealed under the ActsInterpretationAct1954 , section 22C 1 had it been made after 30 June 1994; or (c) it is otherwise spent.’. 1 Section 22C (Automatic repeal of amending Act)

s5 5 s7 Statutory Instruments Amendment (No. 1) No. 119, 1998 ˙ Amendment of sch 1 (Statutory instruments that are subordinate legislation) 5.(1) Schedule 1, items 1, 2, 4 to 7, 9, 12 and 14— omit . (2) Schedule 1, items 3, 8, 10, 11, 13 and 15— renumber as items 4, 5, 2, 1, 3 and 6 respectively. (3) Schedule 1, item 4 as renumbered, ‘section 4.10’— omit, insert— ‘section 23’. ˙ Amendment of sch 2 (Statutory rules that are not subordinate legislation) 6.(1) Schedule 2, items 3 and 6— omit. (2) Schedule 2, items 2, 4, 5, 8 and 9— renumber as items 4, 5, 6, 2 and 3 respectively. (3) Schedule 2, item 6 as renumbered, ‘section 30(7), 37(1) or 46(2)’— omit, insert— ‘section 37(1) or 40(2)’. ˙ Insertion of new schs 3–5 7. After schedule 2— insert—

s7 6 s7 Statutory Instruments Amendment (No. 1) No. 119, 1998 ‘ SCHEDULE 3 ‘ EXEMPTIONS FROM EXPIRY—LEGISLATION FOR WHICH A REPLACEMENT IS BEING DRAFTED section 4 Animal Valuers Regulation 1987 Appeal Costs Fund Regulation 1974 Associations Incorporation Regulation 1982 Instruments made under the Auctioneers and Agents Act 1971 and gazetted on 13 July 1974 at pages 1598-9 and on 18 June 1977 at pages 1055–6 2 Auctioneers and Agents Regulation 1986 Instruments made as orders in council under the BeachProtectionAct1968 , section 3 or 36 3 Brisbane Forest Park By-law 1982 Casino Control Regulation 1984 Casino Gaming Rules 1985 City of Brisbane Market Regulation 1982 Coastal Management Control Districts (Requirements for Buildings or Other Structures) Regulation 1984 Coroners Rules 1959 Court Funds Regulation 1988 Farm Produce Marketing Regulation 1984 Fluoridation of Public Water Supplies Regulation 1964 2 The instruments approve codes of professional conduct. 3 Sections 3 (Meaning of terms) and 36 (Coastal management control districts)

s7 7 s7 Statutory Instruments Amendment (No. 1) No. 119, 1998 Instruments in force under the ForestryAct1959 setting apart land as timber reserves Forestry Regulation 1987 Fruit Marketing Organisation Regulation 1964 Land Tax Regulation 1936 By-law No. 3 (Trespass) of the Mount Isa Water Board gazetted on 14 January 1978 at page 99 Instruments made as orders in council and in force under the PrimaryProducers’ Organisation and Marketing Act 1926 establishing or making provision in relation to the Queensland Dairymen’s State Council Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Regulation 1987 Queensland Dairymen’s State Council Regulation 1947 Queensland Law Society (Indemnity) Rule 1987 Queensland Law Society Rule 1987 Pay-roll Tax Regulation 1971 Racing and Betting Regulation 1981 Sawmills Licensing Regulation 1965 Sewerage and Water Supply Regulation 1987 By-law No. 3 of the South Burdekin Water Board gazetted on 6 February 1982 at page 421 The following instruments made as orders in council under the Stamp Act1894 — • the instrument declaring Sepon (Australia) Pty Limited to be a prescribed corporation and gazetted on 19 April 1986 at page 1853 • the instrument prescribing Australian Stock Exchange (Brisbane) Limited to be a prescribed stock exchange and gazetted on 4 April 1987 at page 1642 Stamp Duties Regulation 1926 State Counter-Disaster Organisation Regulation 1975

s7 8 s7 Statutory Instruments Amendment (No. 1) No. 119, 1998 Stock Identification Regulation 1985 Stock Regulation 1988 Tow Truck Regulation 1988 Traffic Regulation 1962 Trust Accounts Regulation 1973 Instruments (other than by-laws) in force under the Water Resources Act1989 establishing, declaring or making provision about areas as defined in that Act

s7 9 s7 Statutory Instruments Amendment (No. 1) No. 119, 1998 ‘ SCHEDULE 4 ‘ EXEMPTIONS FROM EXPIRY—LEGISLATION NOT PROPOSED TO BE REPLACED section 5 Adoption of Children Regulation 1988 Barrier Reef Island Jetty Regulation 1971 Boat Ramp Regulation 1972 Bowen Harbour Board By-law 1977 Brisbane City Council Rules of Procedure Order 1939 The instruments made as orders in council under the CarriageofDangerousGoodsbyRoadAct1984 , section 16 or 28, and gazetted on 20 August 1988 at page 3523 4 Children’s Services Regulation 1966 Coal Mining Certificate and Winding License Rule 1988 Coal Mining (General Rules for Open-cut Coal Mines) Rule 1988 Coal Mining (Underground Coal Mines) General Rule 1983 Coal Mining (Underground Coal Mines) Special Rule 1983 Code of Symbols for Mine Plans Cremation Regulation 1987 Dental By-law 1988 Explosives Regulation 1955 Gold Coast Waterways Authority By-law 1980 4 Sections 16 (Unlicensed carriage an offence) and 28 (Recognition of inter-State authority)

s 7 10 s 7 Statutory Instruments Amendment (No. 1) No. 119, 1998 The following statutes made by the council of Griffith University— • Statute 2.3—Convocation gazetted on 13 February 1988 at page 758 • Statute 8.2—Student Good Order gazetted on 5 September 1981 at pages 73–5 • Statute 8.4—Appeals gazetted on 12 December 1987 at pages 1393–4 Harbours (Reclamation of Land) Regulation 1979 Health (Private Hospitals) Regulation 1978 Houseboats By-law 1978 Litter Regulation 1988 Marine Land Dredging By-law 1987 Medical Assessment Tribunal Regulation 1987 Medical Board of Queensland By-law 1987 Mental Health Regulation 1985 Metalliferous Mining Regulation 1985 Instruments made as orders in council under the MinesRegulationAct 1964 , section 6 5 Mooloolaba Boat Harbour By-law 1976 The instrument made as an order in council under the Motor Vehicles SafetyAct 1980 , section 37, 6 and published in the industrial gazette on 31 January 1981 at page 175 Northern Pig Marketing Board Exemption Regulation 1969 Petroleum Regulation 1966 Pharmacy By-law 1985 Physiotherapists Regulation 1965 Instruments made as orders in council and in force under the PrimaryProducers’ Organisation and Marketing Act 1926 establishing or making 5 Section 6 (Application of Act) 6 Section 37 (Application of ss 32-34)

s 7 11 s 7 Statutory Instruments Amendment (No. 1) No. 119, 1998 provision in relation to a board 7 within the meaning of that Act (other than instruments mentioned in schedule 3) Public Service Management and Employment Regulation 1988 The statute of the Queensland University of Technology made as By-law No. 9 of the Queensland Institute of Technology and gazetted on 23 September 1972 at pages 420 to 422 8 Radioactive Substances Regulation 1961 The instrument made as an order in council under the Registration of Plans(H.S.P. (Nominees) Pty. Limited) Enabling Act 1980 gazetted on 28 March 1981 at page 1184 Rosslyn Bay Boat Harbour By-law 1980 Snapper Creek and Urangan Boat Harbours By-law 1976 State Transport Regulation 1987 Underground Belt Conveyor Rule Underground Coal Mines Electrical Rule 1971 Underground Coal Mines Fire Precautions Rule 1978 7 “Board” includes the State council of each producer representative body and each marketing board. See the Act, section 2. 8 The by-law is taken to be a statute of the Queensland University of Technology under the Queensland University of Technology Act 1988 , section 86.

s 7 12 s 7 Statutory Instruments Amendment (No. 1) No. 119, 1998 ‘ SCHEDULE 5 ‘ EXEMPTIONS FROM EXPIRY—LEGISLATION SUBSTANTIALLY UNIFORM OR COMPLEMENTARY WITH LEGISLATION OF THE COMMONWEALTH OR ANOTHER STATE section 6 Credit (Australian Films Exemption) Order No. 4 1988 Credit (Continuing Credit Contract Interest Charges) Order No. 9 1988 Credit (Powers of Mortgagee) Order No. 1 1988 Credit (Recognised States) Order No. 5 1988 Credit Regulation 1988 Credit (Sydney Futures Exchange Ltd) Order No. 8 1988 Credit (Term Loans) Order No. 2 1988 Credit (Variation of Insurance) Order No. 6 1988 Proclamations made under the Maintenance Act 1965 , section 98 9 Maintenance Regulation 1967 The zoning plan for the Mackay/Capricorn Marine Park approved in the instrument— (a) made as an order in council under the MarineParksAct1982 ; and (b) gazetted on 27 August 1988 at pages 3657–8 The zoning plan for the Townsville-Whitsunday Marine Park approved in the instrument— 9 The proclamations make declarations for the purposes of certain countries becoming reciprocating countries.

s 7 13 s 7 Statutory Instruments Amendment (No. 1) No. 119, 1998 (a) made as an order in council under the MarineParksAct1982 ; and (b) gazetted on 3 October 1987 at page 395 National Crime Authority (State Provisions) Regulation 1986’. ENDNOTES 1. Made by the Governor in Council on 14 May 1998. 2. Notified in the gazette on 15 May 1998. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of the Premier and Cabinet. © State of Queensland 1998