Statutory Instruments Act 1992

The purposes of this Act are to—

facilitate the interpretation of statutory instruments; and

facilitate improvement in the presentation of statutory instruments; and

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

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

This Act applies to all statutory instruments.

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

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

This Act binds the State.

An instrument is any document.

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

The instrument must be made under—

an Act; or

another statutory instrument; or

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

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.

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

A statutory rule is a statutory instrument—

that is made by the Governor or the Governor in Council; or

that is made by another person or body, but—

is required by law to be approved, confirmed or otherwise consented to by the Governor or Governor in Council; or

is subject to being disapproved or otherwise disallowed by the Governor or Governor in Council.

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

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

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

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;

any other statutory instrument that fixes or otherwise determines the commencement of—

an Act or a provision of an Act; or

an instrument, or a provision of an instrument, mentioned in paragraph (a), (b) or (c).

The following instruments are not subordinate legislation—

a local law or other statutory instrument made by a local government;

a rule, order, direction or practice of the Legislative Assembly;

a statutory rule (other than a regulation) that is mentioned in schedule 1A or declared not to be subordinate legislation by—

an Act; or

in the case of a statutory rule made under a provision commencing before the commencement of this Act—a regulation made under this Act.

An order in council is an order made by the Governor in Council and—

in the case of an order that is subordinate legislation—notified under section 47; or

in any other case—published in the gazette.

A proclamation is a proclamation made by the Governor and—

in the case of a proclamation that is subordinate legislation—notified under section 47; or

in any other case—published in the gazette.