You are here:

Subordinate legislation

The Parliament delegates aspects of its law-making function to other entities, in particular, the Governor in Council. The Governor in Council is the Governor acting with the advice of the Executive Council of Queensland (see section 27 of the Constitution of Queensland 2001). Laws made under this delegated power are called statutory instruments. Government Ministers, Directors-General of government departments or particular entities, such as the South Bank Corporation or the Workers' Compensation Regulator, may also be delegated the power to make statutory instruments.

Subordinate legislation is a category of statutory instrument that, in general, is an instrument of a legislative character made by an entity exercising a delegated law-making power under the authority of an Act. The most widely used and known type of subordinate legislation is the regulation. There are other forms of statutory instruments including, for example, proclamations that commence provisions of an Act, rules (most commonly, rules of court), standards and notices.

Subordinate legislation is drafted by OQPC (with the exception of a special category of subordinate legislation called exempt subordinate legislation).

The Statutory Instruments Act 1992 sets out procedures that must be followed after subordinate legislation is made for it to have effect as a law.  Subordinate legislation must be notified by publication on the Queensland legislation website and then tabled in the Legislative Assembly. All instruments of subordinate legislation are examined by a committee of members of Parliament, known as a portfolio committee, and the Legislative Assembly may vote to disallow any instrument.

Subordinate legislation, as it is made, is published on the Queensland Legislation website.

Each time an item of subordinate legislation is amended, OQPC produces a reprint of the subordinate legislation. A reprint is a version of legislation as it is in force on a particular date. Reprints of subordinate legislation are published on the Queensland Legislation website as in force legislation.

Read more about reprints of legislation.