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Statutory Instruments Act 1992 – 28 February 2015

Statutory Instruments Regulation 2012 – 31 August 2016

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A statutory instrument is an instrument (document) made under: (a) an Act; or (b) another statutory instrument; or (c) power conferred by an Act or statutory instrument and also under power conferred otherwise by law. To be valid, it must also fall within a category set out in subsection 7(3) of the Act e.g. it must be a regulation, an order in council, a rule, a local law, a by-law, an ordinance, a subordinate local law, a statute, a proclamation, etc.

  • Sections 6, 7, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 30A, 30B

If an Act or statutory instrument authorises or requires a matter to be done and the matter is capable of being done by instrument, the Act or statutory instrument authorises the matter to be done by instrument.

  • Sections 13, 20A

The provisions of the Acts Interpretation Act 1954 mentioned in Schedule 1 of this Act apply to a statutory instrument.

  • Sections 14, 14A, 14B, 15, 15A, 16, 17, 18, 19, Schedules 1, 2

All conditions and preliminary steps required for the making of a statutory instrument are presumed to have been satisfied and performed (in the absence of evidence to the contrary).

  • Section 20

A statutory instrument may commence on the day on which it is notified or published; or on the day on which it is made, or on the day or time fixed in the statutory instrument. For full details, refer to section 32 of this Act.

  • Sections 32, 33, 34, 35, 47

Words and expressions used in a statutory instrument have the same meanings as they have, from time to time, in the Act.

  • Section 37

Subordinate legislation must be tabled in the Legislative Assembly within 14 sitting days after it is published. Within 14 sitting days after subordinate legislation is tabled, a member of the Legislative Assembly may give notice of a disallowance motion. Acting on this motion, the Legislative Assembly may pass a resolution disallowing subordinate legislation.

  • Sections 9, 47, 49, 50, 51, Schedule 1A; Regulation 2, Schedule 1

Subordinate legislation expires on 1 September first occurring after the 10th anniversary of the day of its making unless: (a) it is sooner repealed or expires; or (b) a regulation is made exempting it from expiry.

  • Sections 5, 53, 54, 56, 56A, 57, Schedules 2A, 3; Regulation 3, Schedule 2
Reason for law

To facilitate the interpretation of statutory instruments. (Section 2)

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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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