Statutory Instruments Regulation 2022 (Qld)

Statutory Instruments Regulation 2022

1   Short title

This regulation may be cited as the Statutory Instruments Regulation 2022.

2   Commencement

This regulation commences on 31 August 2022 at the end of the day.

3   Statutory instruments that are subordinate legislation—Act, s 9

(1)For section 9(1)(c) of the Act, a statutory instrument is declared to be 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 a statutory instrument that is declared by an Act to be, or not to be, subordinate legislation.

(3)A statutory instrument mentioned in schedule 1 is subordinate legislation.

4   Exemptions from expiry for uniform subordinate legislation—Act, s 56

(1)For section 56 of the Act, an instrument of uniform subordinate legislation mentioned in schedule 2, column 1 is exempt from expiry for the period ending at midnight on the expiry day mentioned in schedule 2, column 3 opposite the instrument (the expiry day).

(2)The ground for exempting an instrument mentioned in schedule 2, column 1 is stated in schedule 2, column 2 opposite the instrument.

(3)If an instrument of subordinate legislation mentioned in schedule 2 stops having effect before midnight on the expiry day for the instrument, the exemption ends.

(4)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.

5   Exemptions from expiry for other subordinate legislation—Act, s 56A

(1)For section 56A of the Act, an instrument of subordinate legislation mentioned in schedule 3, column 1 is exempt from expiry for the period ending at midnight on 31 August 2026 (the expiry day).

(2)The ground for exempting an instrument mentioned in schedule 3, column 1 is stated in schedule 3, column 2 opposite the instrument.

(3)If an instrument of subordinate legislation mentioned in schedule 3 stops having effect before midnight on the expiry day, the exemption ends.

(4)The following table explains the grounds for exemption mentioned in schedule 3—

Ground for exemption	Explanation
being replaced	Subordinate legislation to replace the instrument is being drafted and is proposed to be made before midnight on the expiry day. The instrument is exempted under section 56A(1)(a)(i) 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 Actand 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   Repeal

The Statutory Instruments Regulation 2012, SL No. 143 is repealed.

Schedule 1 Statutory instruments that are subordinate legislation

section 3

1a notice making a determination, other than an administrative determination, under the Explosives Regulation 2017, section 145B

2a notice making a determination, other than an administrative determination, under the Transport Infrastructure (Dangerous Goods by Rail) Regulation 2018, section 20 or 21

3a notice making a determination, other than an administrative determination, under the Transport Operations (Road Use Management—Dangerous Goods) Regulation 2018, section 23 or 24

Schedule 2 Exemptions from expiry for uniform subordinate legislation

section 4

Column 1 Instrument	Column 2 Ground for exemption	Column 3 Expiry day
Proclamations made under the Maintenance Act 1965, section 98	further exemption: uniform	30/06/27
Note— The proclamations make declarations for the purposes of particular countries becoming reciprocating countries.
Electricity—National Scheme (Queensland) Regulation 2014	uniform	31/08/30
Heavy Vehicle National Law Regulation 2014	further exemption: uniform	31/08/26
Maintenance Regulations 1967	further exemption: uniform	30/06/27
Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004	further exemption: uniform	31/08/30
Mutual Recognition (Queensland) Regulation 2009	further exemption: uniform	31/08/26
National Energy Retail Law (Queensland) Regulation 2014	uniform	31/08/26
National Gas (Queensland) Regulation 2014	uniform	31/08/30
Prisoners (Interstate Transfer) Regulation 1993	further exemption: uniform	31/08/2028
Transport Operations (Road Use Management—Road Rules) Regulation 2009	further exemption: uniform	31/08/30
Trans-Tasman Mutual Recognition (Endorsement) Notice 2012	uniform	31/08/2028
Trans-Tasman Mutual Recognition (Endorsement) Notice (No. 1) 2013	uniform	31/08/2028
Work Health and Safety Regulation 2011	uniform	31/08/27

Schedule 3 Exemptions from expiry for other subordinate legislation

section 5

Note—

An instrument mentioned in this schedule expires on 31 August 2026—see section 5(1).

Column 1 Instrument	Column 2 Ground for exemption
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 2008	further exemption: review
Aboriginal Land Regulation 2011	further exemption: review
Agents Financial Administration Regulation 2014	subject to review
Ambulance Service Regulation 2015	being replaced
Associations Incorporation Regulation 1999	further exemption: review
Body Corporate and Community Management Regulation 2008	further exemption: review
Body Corporate and Community Management (Specified Two-lot Schemes Module) Regulation 2011	further exemption: review
Brands Regulation 2012	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
City of Brisbane Regulation 2012	further exemption: review
Collections Regulation 2008	further exemption: review
Contract Cleaning Industry (Portable Long Service Leave) Regulation 2015	being replaced
Coroners Regulation 2015	subject to review
Crime and Corruption Regulation 2015	subject to review
Criminal Code (Animal Valuers) Regulation 2014	further exemption: review
Debt Collectors (Field Agents and Collection Agents) Regulation 2014	subject to review
Disaster Management Regulation 2014	subject to review
Education and Care Services Regulation 2013	further exemption: review
Electrical Safety Regulation 2013	further exemption: review
Electricity Regulation 2006	further exemption: review
Environmental Offsets Regulation 2014	further exemption: review
Fair Trading (Code of Practice—Fitness Industry) Regulation 2003	further exemption: review
Fair Trading (Safety Standards) Regulation 2011	further exemption: review
Family Responsibilities Commission Regulation 2014	subject to review
Fire Services Regulation 2011	further exemption: review
Food Production (Safety) Regulation 2014	further exemption: review
Funeral Benefit Business Regulation 2010	further exemption: review
Gaming Machine Regulation 2002	further exemption: review
Gas Supply Regulation 2007	further exemption: review
Housing Regulation 2015	subject to review
Interactive Gambling (Player Protection) Regulation 1998	further exemption: review
Justices Regulation 2014	further exemption: review
Keno Regulation 2007	further exemption: review
Liquor Regulation 2002	further exemption: review
Local Government Regulation 2012	further exemption: review
Lotteries Regulation 2007	further exemption: review
Major Events (Motor Racing Events) Regulation 2015	subject to review
Major Sports Facilities Regulation 2014	further exemption: review
Motor Dealers and Chattel Auctioneers Regulation 2014	subject to review
Partnership Regulation 2015	subject to review
Pastoral Workers’ Accommodation Regulation 2015	being replaced
Police Powers and Responsibilities Regulation 2012	further exemption: review
Private Employment Agents (Code of Conduct) Regulation 2015	being replaced
Property Occupations Regulation 2014	subject to review
Public Guardian Regulation 2014	further exemption: review
Queensland Heritage Regulation 2015	subject to review
Regional Planning Interests Regulation 2014	further exemption: review
Rural and Regional Adjustment Regulation 2011	further exemption: 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
South Bank Corporation By-law 2014	further exemption: review
South Bank Corporation (Modified Building Units and Group Titles) Regulation 2014	further exemption: review
South Bank Corporation Regulation 2014	further exemption: review
State Penalties Enforcement Regulation 2014	further exemption: review
Tattoo Industry Regulation 2013	further exemption: review
Torres Strait Islander Land Regulation 2011	further exemption: review
Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003	further exemption: review
Tourism Services Regulation 2003	further exemption: review
Transport Infrastructure (Waterways Management) Regulation 2012	further exemption: review
Transport Operations (Passenger Transport) Standard 2010	further exemption: review
Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015	subject to review
Trust Accounts Regulation 1999	further exemption: review
Wagering Regulation 1999	further exemption: review
Wine Industry Regulation 2009	further exemption: review