6.1 What is subordinate legislation
This chapter (and this handbook generally) considers subordinate legislation within the framework established by the Statutory Instruments Act 1992, rather than from the point of view of the wider meaning the expression 'subordinate legislation' is sometimes given under the general law. Under the Statutory Instruments Act 1992 framework, all items of subordinate legislation are statutory instruments, but not all statutory instruments are subordinate legislation.
A statutory instrument is made by an entity other than the Parliament, usually under power delegated by the Parliament to the entity by a provision in an empowering Act.
Power is commonly delegated:
- to save pressure on parliamentary time
- when the legislation is too technical or detailed to be suitable for parliamentary consideration
- to deal with rapidly changing or uncertain situations
- to allow for swift action in the case of an emergency.
For Queensland legislative (and administrative) purposes, a statutory instrument is subordinate legislation if the Statutory Instruments Act 1992 causes it to be subordinate legislation, although sometimes another Act or some other instrument must be read in conjunction with the Statutory Instruments Act 1992 to establish its status as subordinate legislation.
Chapter 1.5.2 notes that the most familiar example of subordinate legislation is a regulation made by the Governor in Council, but there are many other types.
For example, an empowering Act sometimes provides for a statutory instrument to be made by an entity (for example, a board), but then requires the instrument to be approved by the Governor in Council. Under the Statutory Instruments Act 1992, the instrument is subordinate legislation. Rules and by-laws are sometimes instruments of this nature.
On the other hand, an empowering Act sometimes provides for a statutory instrument to be made by an entity (for example the Minister or the chief executive) without any subsequent Governor in Council involvement being required, but declares the instrument to be subordinate legislation. This instrument is also subordinate legislation under the Statutory Instruments Act 1992. Standards and notices are sometimes instruments of this nature.
Under the Statutory Instruments Act 1992, a proclamation of the Governor fixing the commencement day for an Act would always be subordinate legislation.
For a fuller understanding of what instruments are subordinate legislation, see the Statutory Instruments Act 1992, sections 6 to 9, and the Statutory Instruments Regulation 2002. Also, see the glossary for the meaning of 'significant subordinate legislation', both at law under the Legislative Standards Act 1992, and administratively under The Queensland Cabinet Handbook.
Last reviewed: 17 July, 2009
Last updated: 22 July, 2009
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