This regulation may be cited as the Statutory Instruments Regulation 2022.
This regulation commences on 31 August 2022 at the end of the day.
3Statutory 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.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.
4Exemptions 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.
5Exemptions 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 2023 (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 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.
The Statutory Instruments Regulation 2012, SL No. 143 is repealed.
Schedule 4 amends the regulations it mentions.
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
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. | ||
further exemption: uniform | 30/06/27 | |
further exemption: uniform | 31/08/25 | |
further exemption: uniform | 31/08/26 | |
further exemption: uniform | 31/08/23 | |
Transport Operations (Road Use Management—Road Rules) Regulation 2009 | uniform | 01/09/25 |
uniform | 31/08/27 |
An instrument mentioned in this schedule expires on 31 August 2023—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 |
subject to review | |
subject to review | |
further exemption: review | |
further exemption: review | |
further exemption: review | |
Body Corporate and Community Management (Specified Two-lot Schemes Module) Regulation 2011 | subject to review |
subject to review | |
further exemption: review | |
further exemption: review | |
further exemption: review | |
further exemption: review | |
subject to review | |
being replaced | |
further exemption: review | |
further exemption: review | |
further exemption: review | |
Fair Trading (Code of Practice—Fitness Industry) Regulation 2003 | further exemption: review |
subject to review | |
further exemption: review | |
further exemption: review | |
further exemption: review | |
further exemption: review | |
being replaced | |
further exemption: review | |
subject to review | |
further exemption: review | |
further exemption: review | |
Liquor (Approval of Adult Entertainment Code) Regulation 2002 | further exemption: review |
further exemption: review | |
being replaced | |
further exemption: review | |
further exemption: review | |
being replaced | |
Residential Tenancies and Rooming Accommodation Regulation 2009 | further exemption: review |
further exemption: review | |
further exemption: review | |
being replaced | |
further exemption: review | |
Security Providers (Crowd Controller Code of Practice) Regulation 2008 | further exemption: review |
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 |
further exemption: review | |
further exemption: review | |
Survey and Mapping Infrastructure (Survey Standards—Requirements for Mining Tenures) Notice (No.1) 2011 | subject to review |
subject to review | |
Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003 | further exemption: review |
further exemption: review | |
further exemption: review | |
Transport Infrastructure (Public Marine Facilities) Regulation 2011 | further exemption: review |
further exemption: review | |
further exemption: review | |
subject to review | |
further exemption: review | |
subject to review | |
further exemption: review |
1Section 145B(2), note, ‘Statutory Instruments Regulation 2012, section 2(3)’—
omit, insert—Statutory Instruments Regulation 2022, section 3(3)
1Sections 20(3), note and 21(2), note, ‘Statutory Instruments Regulation 2012, section 2(3)’—
omit, insert—Statutory Instruments Regulation 2022, section 3(3)
1Sections 23(3)(b), note and 24(2)(b), note, ‘Statutory Instruments Regulation 2012, section 2(3)’—
omit, insert—Statutory Instruments Regulation 2022, section 3(3)