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Statutory Instruments Regulation 2012

Part 1 Preliminary

1Short title

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

Part 2 Instruments that are subordinate legislation

2Statutory 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

3Exemptions 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 20172022 (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.
s 3 amd 2013 SL No. 162s 4; 2014 SL No. 186s 4; 2015 SL No. 102s 4; 2016 SL No. 134s 4; 2016 SL No. 134 2017 SL No. 146 s 4; 2018 SL No. 123 s 4; 2019 SL No. 160 s 4; 2020 SL No. 160 s 4; 2021 SL No. 122s 4

Part 4 Repeal

4Repeal

The Statutory Instruments Regulation 2002, SL No. 218 is repealed.

Schedule 1 Statutory instruments that are subordinate legislation

section 2(3)

1a notice declaring a harvest period under a conservation plan under the Nature Conservation Act 1992

2a notice making a determination, other than an administrative determination, under the Transport Infrastructure (Dangerous Goods by Rail) Regulation 2008Transport Infrastructure (Dangerous Goods by Rail) Regulation 2018, section 21section 20 or 2221

3a notice making a determination, other than an administrative determination, under the Transport Operations (Road Use Management—Dangerous Goods) Regulation 2008Transport Operations (Road Use Management—Dangerous Goods) Regulation 2018, section 24section 23 or 2524

4a notice making a determination, other than an administrative determination, under the Explosives Regulation 2017, section 145B

sch 1 amd 2018 SL No. 105 s 204; 2018 SL No. 107 s 284; 2019 Act No. 7 s 311 sch 1pt 3

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
Classification of Publications (Approval of Codes of Conduct) Order 1992	further exemption: uniform	31/08/18
Note— The Classification of Publications (Approved Distributors) Code of Conduct 1992 and the Classification of Publications (Sellers) Code of Conduct 1992 are set out in the Classification of Publications (Approval of Codes of Conduct) Order 1992, schedules 1 and 2, respectively.
Cooperatives Regulation 1997	uniform	31/08/17
Gene Technology Regulation 2002	uniform	31/08/17
Proclamations made under the Maintenance Act 1965, section 98	further exemption: uniform	30/06/2227
Note— The proclamations make declarations for the purposes of certain countries becoming reciprocating countries.
Maintenance Regulations 1967	further exemption: uniform	30/06/2227
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
Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004	uniform	31/08/20
Prisoners (Interstate Transfer) Regulation 1993	further exemption: uniform	31/08/1823
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

Part 2 Other subordinate legislation

Note—

An instrument mentioned in this part expires on 31 August 2017—see section 3(2).

Column 1 Instrument	Column 2 Ground for exemption
Agricultural Chemicals Distribution Control Regulation 1998	further exemption: review
Architects Regulation 2003	further exemption: review
Associations Incorporation Regulation 1999	further exemption: review
Building and Construction Industry Payments Regulation 2004	further exemption: review
Building Regulation 2006	subject to review
Casino Control Regulation 1999	further exemption: review
Charitable and Non-Profit Gaming Regulation 1999	further exemption: review
Chemical Usage (Agricultural and Veterinary) Control Regulation 1999	further exemption: review
Coal Mining Safety and Health Regulation 2001	further exemption: review
Coastal Protection and Management Regulation 2003	further exemption: review
Corrective Services Regulation 2006	subject to review
Disability Services Regulation 2006	subject to review
Education (Accreditation of Non-State Schools) Regulation 2001	further exemption: review
Electricity Regulation 2006	subject to review
Explosives Regulation 2003	further exemption: review
Fair Trading (Code of Practice—Fitness Industry) Regulation 2003	further exemption: review
Gaming Machine Regulation 2002	further exemption: review
Grammar Schools Regulation 2004	further exemption: review
Health (Drugs and Poisons) Regulation 1996	further exemption: review
Health Regulation 1996	further exemption: review
Housing (Freeholding of Land) Regulation 2006	subject to review
Interactive Gambling (Player Protection) Regulation 1998	further exemption: review
Introduction Agents Regulation 2002	further exemption: review
Liquor (Approval of Adult Entertainment Code) Regulation 2002	further exemption: review
Liquor Regulation 2002	further exemption: review
Manufactured Homes (Residential Parks) Regulation 2003	further exemption: review
Marine Parks (Declaration) Regulation 2006	being replaced
Marine Parks (Great Sandy) Zoning Plan 2006	being replaced
Marine Parks Regulation 2006	being replaced
Mental Health Regulation 2002	further exemption: review
Mining and Quarrying Safety and Health Regulation 2001	further exemption: review
Motor Accident Insurance Regulation 2004	further exemption: review
Nature Conservation (Administration) Regulation 2006	being replaced
Nature Conservation (Koala) Conservation Plan 2006	being replaced
Nature Conservation (Macropod) Conservation Plan 2005	further exemption: review
Nature Conservation (Protected Areas Management) Regulation 2006	being replaced
Nature Conservation (Wildlife Management) Regulation 2006	being replaced
Nature Conservation (Wildlife) Regulation 2006	being replaced
Pest Management Regulation 2003	further exemption: review
Petroleum and Gas (Production and Safety) Regulation 2004	further exemption: review
Petroleum Regulation 2004	further exemption: review
Plumbing and Drainage Regulation 2003	further exemption: review
Police Service (Discipline) Regulations 1990	further exemption: review
Professional Engineers Regulation 2003	further exemption: review
Public Health Regulation 2005	being replaced
Queensland Building and Construction Commission Regulation 2003	further exemption: review
Residential Services (Accreditation) Regulation 2002	further exemption: review
Retail Shop Leases Regulation 2006	being replaced
Second-hand Dealers and Pawnbrokers Regulation 2004	further exemption: review
Standard Plumbing and Drainage Regulation 2003	further exemption: review
Stock Route Management Regulation 2003	further exemption: review
Superannuation (State Public Sector) Regulation 2006	being replaced
Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003	further exemption: review
Tourism Services Regulation 2003	further exemption: review
Transplantation and Anatomy Regulation 2004	further exemption: review
Transport Infrastructure (State-controlled Roads) Regulation 2006	subject to review
Transport Operations (Marine Safety—Recreational Ships Miscellaneous Equipment) Standard 2006	subject to review
Transport Operations (Passenger Transport) Regulation 2005	subject to review
Transport Planning and Coordination Regulation 2005	further exemption: review
Trust Accounts Regulation 1999	further exemption: review
University of the Sunshine Coast Statute No. 1 (Making and Notifying University Rules) 2004	further exemption: review
University of the Sunshine Coast Statute No. 2 (Review of Payment Demand for the Removal and Detention of Vehicles) 2004	further exemption: review
Wagering Regulation 1999	further exemption: review
Water Regulation 2002	further exemption: review

sch 2 amd 2013 SL No. 61s 34; 2013 SL No. 162s 5; 2013 SL No. 172s 4; 2013 SL No. 206s 11; 2014 SL No. 186 s 5; 2015 SL No. 102s 5; 2015 SL No. 172s 21(2); 2016 SL No. 75 s 129 sch 12; 2016 SL No. 134 s 5; 2016 SL No. 199 s 38s 38; 2017 SL No. 146 s 5; 2017 SL No. 160 s 17 sch 2 (amdt could not be given effect); 2018 SL No. 123 s 5; 2019 SL No. 160 s 5; 2020 SL No. 160 s 5; 2021 SL No. 122s 5

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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.