Statutory Instruments Regulation 2012 (QLD)

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Statutory Instruments Regulation 2012

Part 1 Preliminary

1 Short title

This regulation may be cited as the Statutory Instruments Regulation 2012.

Part 2 Instruments that are subordinate legislation

2 Statutory instruments that are subordinate legislation—Act, s 9(1)(c)

(1)A statutory instrument is subordinate legislation if—
(a)the statutory instrument is made under a provision of an Act that commenced before the commencement of the Statutory Instruments Act 1992; and
(b)had the statutory instrument been made immediately before the commencement of the Statutory Instruments Act 1992—it would have been required to be tabled in, and subject to disallowance by, the Legislative Assembly.
Note—
The commencement of the Statutory Instruments Act 1992 is 1 June 1992.
(2)Subsection (1) does not apply to an instrument that, under a declaration made by an Act, is, or is not, subordinate legislation.
(3)A statutory instrument mentioned in schedule 1 is subordinate legislation.

Part 3 Exemptions from expiry

3 Exemptions from expiry—Act, pt 7

(1)An instrument of uniform subordinate legislation mentioned in schedule 2, part 1, column 1 is exempt, under section 56 of the Act, from expiry for the period ending at midnight on the expiry date mentioned in schedule 2, part 1, column 3 opposite the instrument (the expiry date).
(2)An instrument of subordinate legislation mentioned in schedule 2, part 2, column 1 is exempt, under section 56A of the Act, from expiry for the period ending at midnight on 31 August 2022 (also the expiry date).
(3)A reference in schedule 2 to an instrument includes a reference to the instrument as amended from time to time.
(4)The ground for exempting an instrument referred to in schedule 2 is mentioned in schedule 2, column 2 opposite the instrument.
(5)The following table explains the grounds for exemption mentioned in schedule 2—

Ground for exemption
Explanation
uniform
The instrument is uniform subordinate legislation. The instrument is exempted under section 56(1) of the Act.
further exemption: uniform
The instrument is uniform subordinate legislation and has previously been exempted from expiry under section 56(1) of the Act. The instrument is further exempted under section 56(2) of the Act.
being replaced
Subordinate legislation to replace the instrument is being drafted and is proposed to be made before midnight on the expiry date for the instrument. The instrument is exempted under section 56A(1)(a)(i) of the Act.
no replacement
The instrument 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 midnight on the expiry date for the instrument. The instrument is exempted under section 56A(1)(a)(ii) of the Act.
subject to review
The Act or provision under which or in relation to which the instrument, or part of the instrument, is made or preserved is subject to review. The instrument is exempted under section 56A(1)(b) of the Act.
further exemption: review
The instrument has previously been exempted from expiry under section 56A(1) of the Act and the Act or provision under which or in relation to which the instrument, or part of the instrument, is made or preserved is subject to review. The instrument is further exempted under section 56A(2) of the Act.
(6)If an instrument of subordinate legislation mentioned in schedule 2 stops having effect before midnight on the expiry date for the instrument, the exemption ends.

Part 4 Repeal

4 Repeal

The Statutory Instruments Regulation 2002, SL No. 218 is repealed.

Schedule 1 Statutory instruments that are subordinate legislation

section 2(3)

1a notice making a determination, other than an administrative determination, under the Transport Infrastructure (Dangerous Goods by Rail) Regulation 2018, section 20 or 21

2a notice making a determination, other than an administrative determination, under the Transport Operations (Road Use Management—Dangerous Goods) Regulation 2018, section 23 or 24

3a notice making a determination, other than an administrative determination, under the Explosives Regulation 2017, section 145B

Schedule 2 Exemptions from expiry under part 7 of the Act

section 3

Part 1 Uniform subordinate legislation

Column 1 Instrument	Column 2 Ground for exemption	Column 3 Expiry date
Cooperatives Regulation 1997	further exemption: uniform	31/08/22
Proclamations made under the Maintenance Act 1965, section 98	further exemption: uniform	30/06/27
Note— The proclamations make declarations for the purposes of certain countries becoming reciprocating countries.
Maintenance Regulations 1967	further exemption: uniform	30/06/27
Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004	further exemption: uniform	31/08/25
Mutual Recognition (Queensland) Regulation 2009	further exemption: uniform	31/08/26
Prisoners (Interstate Transfer) Regulation 1993	further exemption: uniform	31/08/23
Transport Operations (Road Use Management—Road Rules) Regulation 2009	uniform	01/09/25

Part 2 Other subordinate legislation

Note—

An instrument mentioned in this part expires on 31 August 2022—see section 3(2).

Column 1 Instrument	Column 2 Ground for exemption
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 2008	further exemption: review
Appeal Costs Fund Regulation 2010	further exemption: review
Associations Incorporation Regulation 1999	further exemption: review
Body Corporate and Community Management Regulation 2008	further exemption: review
Building Fire Safety Regulation 2008	further exemption: review
Building Units and Group Titles Regulation 2008	further exemption: review
Casino Control Regulation 1999	further exemption: review
Charitable and Non-Profit Gaming Regulation 1999	further exemption: review
Collections Regulation 2008	further exemption: review
Court Funds Regulation 2009	further exemption: review
Electricity Regulation 2006	further exemption: review
Energy and Water Ombudsman Regulation 2007	further exemption: review
Fair Trading (Code of Practice—Fitness Industry) Regulation 2003	further exemption: review
Fire and Emergency Services Regulation 2011	subject to review
Forensic Disability Regulation 2011	subject to review
Funeral Benefit Business Regulation 2010	subject to review
Gaming Machine Regulation 2002	further exemption: review
Gas Supply Regulation 2007	further exemption: review
Health (Drugs and Poisons) Regulation 1996	further exemption: review
Health Regulation 1996	further exemption: review
Information Privacy Regulation 2009	further exemption: review
Interactive Gambling (Player Protection) Regulation 1998	further exemption: review
Keno Regulation 2007	further exemption: review
Liquor (Approval of Adult Entertainment Code) Regulation 2002	further exemption: review
Liquor Regulation 2002	further exemption: review
Lotteries Regulation 2007	further exemption: review
Pest Management Regulation 2003	further exemption: review
Public Sector Ethics Regulation 2010	subject to review
Residential Tenancies and Rooming Accommodation Regulation 2009	further exemption: review
Right to Information Regulation 2009	further exemption: review
Royal National Agricultural and Industrial Association of Queensland Regulation 2010	subject to review
Rural and Regional Adjustment Regulation 2011	subject to review
Second-hand Dealers and Pawnbrokers Regulation 2004	further exemption: review
Security Providers (Crowd Controller Code of Practice) Regulation 2008	further exemption: review
Security Providers Regulation 2008	further exemption: review
Security Providers (Security Firm Code of Practice) Regulation 2008	further exemption: review
Security Providers (Security Officer—Licensed Premises—Code of Practice) Regulation 2008	further exemption: review
State Buildings Protective Security Regulation 2008	further exemption: review
Stock Route Management Regulation 2003	further exemption: review
Sugar Industry Regulation 2010	further exemption: review
Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003	further exemption: review
Tourism Services Regulation 2003	further exemption: review
Tow Truck Regulation 2009	further exemption: review
Transport Infrastructure (Public Marine Facilities) Regulation 2011	subject to review
Transport Operations (Passenger Transport) Standard 2010	further exemption: review
Trust Accounts Regulation 1999	further exemption: review
Wagering Regulation 1999	further exemption: review
Wine Industry Regulation 2009	further exemption: review

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Ground for exemption	Explanation
uniform	The instrument is uniform subordinate legislation. The instrument is exempted under section 56(1) of the Act.
further exemption: uniform	The instrument is uniform subordinate legislation and has previously been exempted from expiry under section 56(1) of the Act. The instrument is further exempted under section 56(2) of the Act.
being replaced	Subordinate legislation to replace the instrument is being drafted and is proposed to be made before midnight on the expiry date for the instrument. The instrument is exempted under section 56A(1)(a)(i) of the Act.
no replacement	The instrument 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 midnight on the expiry date for the instrument. The instrument is exempted under section 56A(1)(a)(ii) of the Act.
subject to review	The Act or provision under which or in relation to which the instrument, or part of the instrument, is made or preserved is subject to review. The instrument is exempted under section 56A(1)(b) of the Act.
further exemption: review	The instrument has previously been exempted from expiry under section 56A(1) of the Act and the Act or provision under which or in relation to which the instrument, or part of the instrument, is made or preserved is subject to review. The instrument is further exempted under section 56A(2) of the Act.