Queensland Legislation Handbook
The Queensland Legislation Handbook is part of the Governing Queensland suite of handbooks.
It outlines legislative processes managed by the Office of the Queensland Parliamentary Counsel (OQPC) and explains what is needed in drafting instructions for Acts of Parliament and subordinate legislation. The handbook is designed primarily for use by policy or instructing officers to help them work effectively with OQPC.
OQPC is responsible for the drafting of government bills and most subordinate legislation in Queensland.
Outlines Queensland legislative processes, how Parliament makes or authorises the making of legislation, the policy context, drafting a government bill, the parliamentary process, drafting and making subordinate legislation, and fundamental legislative principles.
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Table of contents
- 1.0 Context of legislation
- 2.0 Policy development of a government Bill
- 2.1 The nature of policy
- 2.2 Is a new law needed?
- 2.3 Does the State have power to make the law?
- 2.4 Bill or subordinate legislation?
- 2.5 Portfolio Bills
- 2.6 Sponsoring a Bill
- 2.7 Role of policy or instructing officers
- 2.8 Establishing a practical timetable
- 2.9 Obtaining appropriate advice
- 2.10 Considering fundamental legislative principles
- 2.11 Other matters needing consideration for thorough policy development
- 3.0 The drafting process
- 4.0 The parliamentary process
- 4.1 Parliament of Queensland
- 4.2 Timing of the introduction of a Bill
- 4.3 Explanatory notes
- 4.4 Messages from the Governor
- 4.5 Presentation and first reading
- 4.6 Bills referred to portfolio committees
- 4.7 Amendments during consideration in detail
- 4.8 Second reading
- 4.9 Consideration in detail stage
- 5.0 Royal assent
- 6.0 Subordinate legislation
- 6.1 What is subordinate legislation?
- 6.2 Drafting subordinate legislation
- 6.3 Subordinate legislation must be within power
- 6.4 Unauthorised subdelegation
- 6.5 General presumption that legislation will be prospective
- 6.6 Retrospective operation of a beneficial provision
- 6.7 Power to make instruments
- 6.8 Certification
- 6.9 Penalties
- 6.10 Infringement notice offences
- 6.11 Explanatory notes
- 6.12 Notification
- 6.13 Tabling and disallowance
- 6.14 Parliamentary scrutiny
- 6.15 Interpretation
- 6.16 Expiry of subordinate legislation
- 6.17 Printing, notification and tabling processes
- 7.0 Fundamental legislative principles