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Legislative Standards Act 1992 – 23 September 2013

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Legislative Standards Act 1992 – 23 September 2013

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The Office of the Queensland Parliamentary Counsel (OQPC) is established to draft: government Bills, private members’ Bills; proposed subordinate legislation, and other instruments for use in or in connection with the Legislative Assembly; and to provide advice to Ministers, government entities and members of the Legislative Assembly on the application of fundamental legislative principles (among other functions). For the definition of ‘fundamental legislative principles’, refer to section 4 of this Act. For the definition of ‘Bill’, refer to the Schedule 1 dictionary.

  • Sections 2, 4, 5, 6, 7, 8, 10, Schedule 1

A person is not eligible for appointment as ‘parliamentary counsel’ unless the person is a barrister, solicitor, barrister and solicitor or legal practitioner of the High Court or the Supreme Court of the State, another State or a Territory of not less than 7 years standing.

  • Sections 5, 14

When introducing a Bill in the Legislative Assembly, a member must circulate to members an explanatory note for the Bill. The explanatory note must include (among other matters): a brief statement of the policy objectives of the Bill and the reasons for them; a brief statement of the way the policy objectives will be achieved by the Bill and why this way of achieving the objectives is reasonable and appropriate; a brief assessment of the consistency of the Bill with fundamental legislative principles and, if it is inconsistent with fundamental legislative principles, the reasons for the inconsistency; and a simple explanation of the purpose and intended operation of each clause of the Bill.

  • Sections 4, 22, 23, 25

When subordinate legislation is tabled in the Legislative Assembly, it must be accompanied by an explanatory note prepared under the authority of the responsible Minister. An explanatory note for subordinate legislation must include (among other matters): the provision of the Act or subordinate legislation under which the legislation was made; a brief statement of the policy objectives of the legislation and the reasons for them; a brief statement of the way the policy objectives will be achieved by the legislation and why this way of achieving them is reasonable and appropriate; a brief explanation of how the legislation is consistent with the policy objectives of the authorising law; and a brief assessment of the consistency of the legislation with fundamental legislative principles and, if it is inconsistent with fundamental legislative principles, the reasons for the inconsistency.

  • Sections 2, 4, 22, 24, 25, Schedule 1

For significant subordinate legislation, the explanatory note must be accompanied by the regulatory impact statement prepared for the subordinate legislation. For the definition of ‘significant subordinate legislation’, refer to the Schedule 1 dictionary.

  • Sections 2, 22, 24, 25, Schedule 1
Reason for law

To ensure Queensland legislation is of the highest standard. (Section 3)

Relevant links

Office of the Queensland Parliamentary Counsel

Current Legislation

Bills introduced into Parliament

Search Query

Publications

Regulatory impact statement guidelines [Queensland Treasury and Trade]

Regulatory impact statements [Department of Justice and Attorney-General]

Critique

N/A

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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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