Statutory Instruments Act 1992Reprint noteThe 2023 SL No. 125 amendments commenced 31 August 2023 at the end of the day.Statutory Instruments Regulation 20221Short titleThis regulation may be cited as the Statutory Instruments Regulation 2022.2CommencementThis 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 exemptionExplanationuniformThe instrument is uniform subordinate legislation. The instrument is exempted under section 56(1) of the Act.further exemption: uniformThe 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 exemptionExplanationbeing replacedSubordinate 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 reviewThe 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: reviewThe 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    6RepealThe Statutory Instruments Regulation 2012, SL No. 143 is repealed.    Schedule 1Statutory instruments that are subordinate legislationsection 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 2Exemptions from expiry for uniform subordinate legislationsection 4Column 1InstrumentColumn 2Ground for exemptionColumn 3 Expiry dayProclamations made under the Maintenance Act 1965, section 98further exemption: uniform30/06/27Note—The proclamations make declarations for the purposes of particular countries becoming reciprocating countries.Maintenance Regulations 1967further exemption: uniform30/06/27Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004further exemption: uniform31/08/25Mutual Recognition (Queensland) Regulation 2009further exemption: uniform31/08/26Prisoners (Interstate Transfer) Regulation 1993further exemption: uniform31/08/2028Transport Operations (Road Use Management—Road Rules) Regulation 2009uniform01/09/25Trans-Tasman Mutual Recognition (Endorsement) Notice 2012uniform31/08/2028Trans-Tasman Mutual Recognition (Endorsement) Notice (No. 1) 2013uniform31/08/2028Work Health and Safety Regulation 2011uniform31/08/27
    sch 2 amd 2023 SL No. 125 s 5    Schedule 3Exemptions from expiry for other subordinate legislationsection 5Note—An instrument mentioned in this schedule expires on 31 August 2024—see section 5(1).Column 1InstrumentColumn 2Ground for exemptionAboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 2008further exemption: reviewAboriginal Land Regulation 2011further exemption: reviewAppeal Costs Fund Regulation 2010further exemption: reviewAssociations Incorporation Regulation 1999further exemption: reviewBody Corporate and Community Management Regulation 2008further exemption: reviewBody Corporate and Community Management (Specified Two-lot Schemes Module) Regulation 2011further exemption: reviewBrands Regulation 2012further exemption: reviewBuilding and Construction Industry (Portable Long Service Leave) Regulation 2013being replacedBuilding Fire Safety Regulation 2008further exemption: reviewBuilding Units and Group Titles Regulation 2008further exemption: reviewCasino Control Regulation 1999further exemption: reviewCharitable and Non-Profit Gaming Regulation 1999further exemption: reviewCity of Brisbane Regulation 2012subject to reviewCollections Regulation 2008further exemption: reviewCourt Funds Regulation 2009further exemption: reviewElectoral Regulation 2013being replacedElectricity Regulation 2006further exemption: reviewFair Trading (Code of Practice—Fitness Industry) Regulation 2003further exemption: reviewFair Trading (Safety Standards) Regulation 2011further exemption: reviewFire and Emergency Services Regulation 2011further exemption: reviewFuneral Benefit Business Regulation 2010further exemption: reviewGaming Machine Regulation 2002further exemption: reviewGas Supply Regulation 2007further exemption: reviewInformation Privacy Regulation 2009further exemption: reviewIntegrity Regulation 2011further exemption: reviewInteractive Gambling (Player Protection) Regulation 1998further exemption: reviewKeno Regulation 2007further exemption: reviewLiquor (Approval of Adult Entertainment Code) Regulation 2002further exemption: reviewLiquor Regulation 2002further exemption: reviewLocal Government Regulation 2012subject to reviewLotteries Regulation 2007further exemption: reviewMineral Resources Regulation 2013subject to reviewPolice Powers and Responsibilities Regulation 2012being replacedProperty Law Regulation 2013subject to reviewResidential Tenancies and Rooming Accommodation Regulation 2009further exemption: reviewRight to Information Regulation 2009further exemption: reviewRural and Regional Adjustment Regulation 2011further exemption: reviewSafety in Recreational Water Activities Regulation 2011further exemption: reviewSecond-hand Dealers and Pawnbrokers Regulation 2004further exemption: reviewSecurity Providers (Crowd Controller Code of Practice) Regulation 2008further exemption: reviewSecurity Providers Regulation 2008further exemption: reviewSecurity Providers (Security Firm Code of Practice) Regulation 2008further exemption: reviewSecurity Providers (Security Officer—Licensed Premises—Code of Practice) Regulation 2008further exemption: reviewTAFE Queensland Regulation 2013subject to reviewTorres Strait Islander Land Regulation 2011further exemption: reviewTourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003further exemption: reviewTourism Services Regulation 2003further exemption: reviewTow Truck Regulation 2009further exemption: reviewTransport Infrastructure (Waterways Management) Regulation 2012subject to reviewTransport Operations (Passenger Transport) Standard 2010further exemption: reviewTrust Accounts Regulation 1999further exemption: reviewValuers Registration Regulation 2013being replacedVegetation Management Regulation 2012further exemption: reviewWagering Regulation 1999further exemption: reviewWine Industry Regulation 2009further exemption: review
    sch 3 sub 2023 SL No. 125 s 6