Statutory Instruments Regulation 2022


Queensland Crest
Statutory Instruments Regulation 2022

1Short title

This regulation may be cited as the Statutory Instruments Regulation 2022.

2Commencement

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.

Note—

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 2024 (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.

s 5 amd 2023 SL No. 125 s 4

6Repeal

The Statutory Instruments Regulation 2012, SL No. 143 is repealed.

Schedule 1 Statutory instruments that are subordinate legislation

section 3

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

Schedule 2 Exemptions from expiry for uniform subordinate legislation

section 4

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.

Maintenance Regulations 1967

further exemption: uniform

30/06/27

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

Prisoners (Interstate Transfer) Regulation 1993

further exemption: uniform

31/08/2028

Transport Operations (Road Use Management—Road Rules) Regulation 2009

uniform

01/09/25

Trans-Tasman Mutual Recognition (Endorsement) Notice 2012

uniform

31/08/2028

Trans-Tasman Mutual Recognition (Endorsement) Notice (No. 1) 2013

uniform

31/08/2028

Work Health and Safety Regulation 2011

uniform

31/08/27

sch 2 amd 2023 SL No. 125 s 5

Schedule 3 Exemptions from expiry for other subordinate legislation

section 5

Note—

An instrument mentioned in this schedule expires on 31 August 2024—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

Aboriginal Land Regulation 2011

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

Body Corporate and Community Management (Specified Two-lot Schemes Module) Regulation 2011

further exemption: review

Brands Regulation 2012

further exemption: review

Building and Construction Industry (Portable Long Service Leave) Regulation 2013

being replaced

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

City of Brisbane Regulation 2012

subject to review

Collections Regulation 2008

further exemption: review

Court Funds Regulation 2009

further exemption: review

Electoral Regulation 2013

being replaced

Electricity Regulation 2006

further exemption: review

Fair Trading (Code of Practice—Fitness Industry) Regulation 2003

further exemption: review

Fair Trading (Safety Standards) Regulation 2011

further exemption: review

Fire and Emergency Services Regulation 2011

further exemption: review

Funeral Benefit Business Regulation 2010

further exemption: review

Gaming Machine Regulation 2002

further exemption: review

Gas Supply Regulation 2007

further exemption: review

Information Privacy Regulation 2009

further exemption: review

Integrity Regulation 2011

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

Local Government Regulation 2012

subject to review

Lotteries Regulation 2007

further exemption: review

Mineral Resources Regulation 2013

subject to review

Police Powers and Responsibilities Regulation 2012

being replaced

Property Law Regulation 2013

subject to review

Residential Tenancies and Rooming Accommodation Regulation 2009

further exemption: review

Right to Information Regulation 2009

further exemption: review

Rural and Regional Adjustment Regulation 2011

further exemption: review

Safety in Recreational Water Activities Regulation 2011

further exemption: 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

TAFE Queensland Regulation 2013

subject to review

Torres Strait Islander Land Regulation 2011

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 (Waterways Management) Regulation 2012

subject to review

Transport Operations (Passenger Transport) Standard 2010

further exemption: review

Trust Accounts Regulation 1999

further exemption: review

Valuers Registration Regulation 2013

being replaced

Vegetation Management Regulation 2012

further exemption: review

Wagering Regulation 1999

further exemption: review

Wine Industry Regulation 2009

further exemption: review

sch 3 sub 2023 SL No. 125 s 6