Queensland Legislation Handbook

The Queensland Legislation Handbook is part of the Governing Queensland suite of handbooks.

It outlines 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 work effectively with the Office of the Queensland Parliamentary Counsel (OQPC).

OQPC is responsible for the drafting of government bills and most subordinate legislation in Queensland.

Summary

Details the legislation context and steps, how Parliament makes or authorises the making of legislation, the policy context, drafting a government bill, the parliamentary process, subordinate legislation and fundamental legislative principles.

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Table of contents

• Introduction
• 1.0 Context of legislation
  • 1.1 Legislation and the general law
  • 1.2 Why legislation is needed
  • 1.3 How legislation operates on a matter
  • 1.4 The power of the Parliament of Queensland
  • 1.5 How Parliament makes legislation or authorises the making of legislation
  • 1.6 Information about the following chapters
  • 1.7 Departments and agencies
  • 1.8 Glossary
• 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 Statute Law (Miscellaneous Provisions) Bills
  • 2.7 Sponsoring a Bill
  • 2.8 Role of policy or instructing officers
  • 2.9 Establishing a practical timetable
  • 2.10 Obtaining appropriate advice
  • 2.11 Considering fundamental legislative principles
  • 2.12 Other matters needing consideration for thorough policy development
• 3.0 The drafting process
  • 3.1 OQPC's involvement before Authority to Prepare a Bill approval
  • 3.2 Authority to Prepare a Bill approval
  • 3.3 Drafting process
  • 3.4 Role of instructing officer in providing effective drafting instructions
  • 3.5 Role of drafter
  • 3.6 Authority to Introduce a Bill approval
  • 3.7 Other relevant matters
• 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 debate
  • 4.9 Consideration in detail stage
  • 4.10 Third reading and long title
  • 4.11 Cognate debates
  • 4.12 Record of Proceedings
  • 4.13 Attendance by departmental officers and OQPC drafter (other than for portfolio committee)
  • 4.14 Private members' Bills and amendments during consideration in detail
• 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 Regulatory impact statements and 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
  • 7.1 Considering fundamental legislative principles
  • 7.2 The rights and liberties of individuals
  • 7.3 The institution of Parliament
  • 7.4 An example of the application of fundamental legislative principles - inspectorial powers
• Appendix
• Glossary

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