6.14 Parliamentary scrutiny
Under the Parliament of Queensland Act 2001, section 103(1), the Scrutiny of Legislation Committee has responsibility to consider for subordinate legislation:
- the application of fundamental legislative principles to the subordinate legislation
- the lawfulness of the subordinate legislation.
The Scrutiny Committee approaches its responsibilities to subordinate legislation in much the same way as it does with Bills, with one notable exception: the Scrutiny Committee can directly oppose an objectionable provision in subordinate legislation by asking the Legislative Assembly to support a motion to disallow the provision ( Statutory Instruments Act 1992, s. 50).
If subordinate legislation is the subject of a motion of disallowance moved by any member, the subordinate legislation can be expected to be the subject of a separate report by the Scrutiny Committee. However, ordinarily the Scrutiny Committee reports to the Legislative Assembly only on subordinate legislation with which it has concerns, and its reporting consists of:
- a listing of the subordinate legislation in the Alert Digest as subordinate legislation with which the Scrutiny Committee has concerns
- on the completion of the Scrutiny Committee's inquiries, an incorporation in the Alert Digest of correspondence recording the Scrutiny Committee's exploration of those concerns with the relevant Minister.
Last reviewed: 17 July, 2009
Last updated: 22 July, 2009
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