Legislative Standards Act 1992 (Qld)

Legislative Standards Act 1992

An Act relating to the standards of legislation, the drafting of legislation and for other purposes related to legislation

Part 1 Preliminary

1 Short title This Act may be cited as the Legislative Standards Act 1992.

2 Definitions Schedule 1 defines particular words used in this Act.

Part 2 Legislative standards

3 Purposes of Act (1) The purposes of this Act include ensuring that— (a) Queensland legislation is of the highest standard; and (b) an effective and efficient legislative drafting service is provided for Queensland legislation; and (c) Queensland legislation, and information relating to Queensland legislation, is readily available. (2) The purposes are primarily to be achieved by establishing the Office of the Queensland Parliamentary Counsel with the functions set out in section 7.

4 Meaning of fundamental legislative principles (1) For the purposes of this Act, fundamental legislative principles are the principles relating to legislation that underlie a parliamentary democracy based on the rule of law. Note— Under section 7, a function of the Office of the Queensland Parliamentary Counsel is to advise on the application of fundamental legislative principles to proposed legislation. (2) The principles include requiring that legislation has sufficient regard to— (a) rights and liberties of individuals; and (b) the institution of Parliament. (3) Whether legislation has sufficient regard to rights and liberties of individuals depends on whether, for example, the legislation— (a) makes rights and liberties, or obligations, dependent on administrative power only if the power is sufficiently defined and subject to appropriate review; and (b) is consistent with principles of natural justice; and (c) allows the delegation of administrative power only in appropriate cases and to appropriate persons; and (d) does not reverse the onus of proof in criminal proceedings without adequate justification; and (e) confers power to enter premises, and search for or seize documents or other property, only with a warrant issued by a judge or other judicial officer; and (f) provides appropriate protection against self-incrimination; and (g) does not adversely affect rights and liberties, or impose obligations, retrospectively; and (h) does not confer immunity from proceeding or prosecution without adequate justification; and (i) provides for the compulsory acquisition of property only with fair compensation; and (j) has sufficient regard to Aboriginal tradition and Island custom; and (k) is unambiguous and drafted in a sufficiently clear and precise way. (4) Whether a Bill has sufficient regard to the institution of Parliament depends on whether, for example, the Bill— (a) allows the delegation of legislative power only in appropriate cases and to appropriate persons; and (b) sufficiently subjects the exercise of a delegated legislative power to the scrutiny of the Legislative Assembly; and (c) authorises the amendment of an Act only by another Act. (5) Whether subordinate legislation has sufficient regard to the institution of Parliament depends on whether, for example, the subordinate legislation— (a) is within the power that, under an Act or subordinate legislation (the authorising law), allows the subordinate legislation to be made; and (b) is consistent with the policy objectives of the authorising law; and (c) contains only matter appropriate to subordinate legislation; and (d) amends statutory instruments only; and (e) allows the subdelegation of a power delegated by an Act only— (i) in appropriate cases and to appropriate persons; and (ii) if authorised by an Act.