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Statutory Instruments Regulation 2012

Part 1 Preliminary

1Short title

This regulation may be cited as the Statutory Instruments Regulation 2012 .

Part 2 Instruments that are subordinate legislation

2Statutory instruments that are subordinate legislation—Act, s 9(1)(c)

(1)A statutory instrument is subordinate legislation if—
(a)the statutory instrument is made under a provision of an Act that commenced before the commencement of the Statutory Instruments Act 1992 ; and

(b)had the statutory instrument been made immediately before the commencement of the Statutory Instruments Act 1992 —it would have been required to be tabled in, and subject to disallowance by, the Legislative Assembly.
Note—
The commencement of the Statutory Instruments Act 1992 is 1 June 1992.

(2) Subsection (1) does not apply to an instrument that, under a declaration made by an Act, is, or is not, subordinate legislation.
(3)A statutory instrument mentioned in schedule 1 is subordinate legislation.

Part 3 Exemptions from expiry

3Exemptions from expiry—Act, pt 7

(1)An instrument of uniform subordinate legislation mentioned in schedule 2, part 1, column 1 is exempt, under section 56 of the Act, from expiry for the period ending at midnight on the expiry date mentioned in schedule 2, part 1, column 3 opposite the instrument (the expiry date).
(2)An instrument of subordinate legislation mentioned in schedule 2, part 2, column 1 is exempt, under section 56A of the Act, from expiry for the period ending at midnight on 31 August 2015 (also the expiry date).
(3)A reference in schedule 2 to an instrument includes a reference to the instrument as amended from time to time.
(4)The ground for exempting an instrument referred to in schedule 2 is mentioned in schedule 2, column 2 opposite the instrument.
(5)The following table explains the grounds for exemption mentioned in schedule 2—

Ground for exemption
Explanation
uniform
The instrument is uniform subordinate legislation. The instrument is exempted under section 56 (1) of the Act.
further exemption: uniform
The instrument is uniform subordinate legislation and has previously been exempted from expiry under section 56 (1) of the Act. The instrument is further exempted under section 56 (2) of the Act.
being replaced
Subordinate legislation to replace the instrument is being drafted and is proposed to be made before midnight on the expiry date for the instrument. The instrument is exempted under section 56A (1) (a) (i) of the Act.
no replacement
The instrument is not proposed to be replaced by other subordinate legislation made under the Act under which or in relation to which it was made or preserved when it expires at midnight on the expiry date for the instrument. The instrument is exempted under section 56A (1) (a) (ii) of the Act.
subject to review
The Act or provision under which or in relation to which the instrument, or part of the instrument, is made or preserved is subject to review. The instrument is exempted under section 56A (1) (b) of the Act.
further exemption: review
The instrument has previously been exempted from expiry under section 56A (1) of the Act and the Act or provision under which or in relation to which the instrument, or part of the instrument, is made or preserved is subject to review. The instrument is further exempted under section 56A (2) of the Act.
(6)If an instrument of subordinate legislation mentioned in schedule 2 stops having effect before midnight on the expiry date for the instrument, the exemption ends.
s 3 amd 2013 SL No. 162 s 4; 2014 SL No. 186 s 4

Part 4 Repeal

4Repeal

The Statutory Instruments Regulation 2002, SL No. 218 is repealed.

Schedule 1 Statutory instruments that are subordinate legislation

section 2 (3)

1a notice declaring a harvest period under a conservation plan under the Nature Conservation Act 1992

2a notice making a determination, other than an administrative determination, under the Transport Infrastructure (Dangerous Goods by Rail) Regulation 2008 , section 21 or 22

3a notice making a determination, other than an administrative determination, under the Transport Operations (Road Use Management—Dangerous Goods) Regulation 2008 , section 24 or 25

Schedule 2 Exemptions from expiry under part 7 of the Act

section 3

Part 1 Uniform subordinate legislation

Column 1 Instrument	Column 2 Ground for exemption	Column 3 Expiry date
Classification of Publications (Approval of Codes of Conduct) Order 1992	further exemption: uniform	31/08/18
Note— The Classification of Publications (Approved Distributors) Code of Conduct 1992 and the Classification of Publications (Sellers) Code of Conduct 1992 are set out in the Classification of Publications (Approval of Codes of Conduct) Order 1992 , schedules 1 and 2, respectively.
Cooperatives Regulation 1997	uniform	31/08/17
Gene Technology Regulation 2002	uniform	31/08/17
Proclamations made under the Maintenance Act 1965 , section 98	further exemption: uniform	30/06/17
Note— The proclamations make declarations for the purposes of certain countries becoming reciprocating countries.
Maintenance Regulations 1967	further exemption: uniform	30/06/17
Prisoners (Interstate Transfer) Regulation 1993	further exemption: uniform	31/08/18

Part 2 Other subordinate legislation

Note—

An instrument mentioned in this part expires on 31 August 2015—see section 3 (2).

Column 1 Instrument	Column 2 Ground for exemption
Agricultural Chemicals Distribution Control Regulation 1998	further exemption: review
Agricultural Standards Regulation 1997	further exemption: review
Ambulance Service Regulation 2003	further exemption: review
Apiaries Regulation 1998	further exemption: review
Architects Regulation 2003	further exemption: review
Associations Incorporation Regulation 1999	further exemption: review
Births, Deaths and Marriages Registration Regulation 2003	subject to review
Building and Construction Industry Payments Regulation 2004	subject to review
Casino Control Regulation 1999	further exemption: review
Charitable and Non-Profit Gaming Regulation 1999	further exemption: review
Chemical Usage (Agricultural and Veterinary) Control Regulation 1999	further exemption: review
Coal Mining Safety and Health Regulation 2001	further exemption: review
Coastal Protection and Management Regulation 2003	subject to review
Coroners Regulation 2003	subject to review
Diseases in Timber Regulation 1997	further exemption: review
Education (Accreditation of Non-State Schools) Regulation 2001	further exemption: review
Exotic Diseases in Animals Regulation 1998	further exemption: review
Explosives Regulation 2003	further exemption: review
Fair Trading (Code of Practice—Fitness Industry) Regulation 2003	further exemption: review
Fisheries (Coral Reef Fin Fish) Management Plan 2003	being replaced
Forestry Regulation 1998	further exemption: review
Gaming Machine Regulation 2002	further exemption: review
Gladstone Power Station Agreement Regulation 2004	subject to review
Grammar Schools Regulation 2004	subject to review
Health (Drugs and Poisons) Regulation 1996	further exemption: review
Health Regulation 1996	further exemption: review
Housing Regulation 2003	subject to review
Interactive Gambling (Player Protection) Regulation 1998	further exemption: review
Introduction Agents Regulation 2002	further exemption: review
Land Protection (Pest and Stock Route Management) Regulation 2003	further exemption: review
Land Sales Regulation 2000	further exemption: review
Liquor (Approval of Adult Entertainment Code) Regulation 2002	further exemption: review
Liquor Regulation 2002	further exemption: review
Manufactured Homes (Residential Parks) Regulation 2003	subject to review
Mental Health Regulation 2002	further exemption: review
Mining and Quarrying Safety and Health Regulation 2001	further exemption: review
Motor Accident Insurance Regulation 2004	subject to review
Motor Racing Events Regulation 2003	further exemption: review
Pastoral Workers’ Accommodation Regulation 2003	further exemption: review
Pest Management Regulation 2003	subject to review
Plant Protection (Approved Sugarcane Varieties) Declaration 2003	further exemption: review
Plant Protection Regulation 2002	further exemption: review
Plumbing and Drainage Regulation 2003	subject to review
Police Service Administration Regulation 1990	further exemption: review
Police Service Administration (Review of Decisions) Regulation 1990	further exemption: review
Police Service (Discipline) Regulations 1990	further exemption: review
Police Service (Ranks) Regulation 1991	further exemption: review
Private Health Facilities Regulation 2000	further exemption: review
Private Health Facilities (Standards) Notice 2000	further exemption: review
Professional Engineers Regulation 2003	further exemption: review
Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001	further exemption: review
Property Agents and Motor Dealers (Commercial Agency Practice Code of Conduct) Regulation 2001	further exemption: review
Property Agents and Motor Dealers (Motor Dealing Practice Code of Conduct) Regulation 2001	further exemption: review
Property Agents and Motor Dealers (Property Developer Practice Code of Conduct) Regulation 2001	further exemption: review
Property Agents and Motor Dealers (Real Estate Agency Practice Code of Conduct) Regulation 2001	further exemption: review
Property Agents and Motor Dealers Regulation 2001	further exemption: review
Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001	further exemption: review
Public Health (Infection Control for Personal Appearance Services) Regulation 2003	subject to review
Queensland Building and Construction Commission Regulation 2003	further exemption: review
Queensland Heritage Regulation 2003	subject to review
Queensland University of Technology Statute No. 3 (Fees) 2003	further exemption: review
Research Involving Human Embryos and Prohibition of Human Cloning Regulation 2003	being replaced
Residential Services (Accreditation) Regulation 2002	further exemption: review
Second-hand Dealers and Pawnbrokers Regulation 2004	subject to review
Standard Plumbing and Drainage Regulation 2003	subject to review
Stock Regulation 1988	further exemption: review
Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003	subject to review
Tourism Services Regulation 2003	subject to review
Trading (Allowable Hours) Regulation 2004	being replaced
Transplantation and Anatomy Regulation 2004	subject to review
Transport Infrastructure (Busway) Regulation 2002	further exemption: review
Transport Operations (Marine Safety) Regulation 2004	subject to review
Trust Accounts Regulation 1999	further exemption: review
University of the Sunshine Coast Statute No. 1 (Making and Notifying University Rules) 2004	subject to review
University of the Sunshine Coast Statute No. 2 (Review of Payment Demand for the Removal and Detention of Vehicles) 2004	subject to review
Veterinary Surgeons Regulation 2002	further exemption: review
Wagering Regulation 1999	further exemption: review
Water Regulation 2002	further exemption: review
Weapons Regulation 1996	further exemption: review
Youth Justice Regulation 2003	further exemption: review

amd 2013 SL No. 61 s 34; 2013 SL No. 162 s 5; 2013 SL No. 172 s 4; 2013 SL No. 206 s 11; 2014 SL No. 186 s 5

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Ground for exemption	Explanation
uniform	The instrument is uniform subordinate legislation. The instrument is exempted under section 56 (1) of the Act.
further exemption: uniform	The instrument is uniform subordinate legislation and has previously been exempted from expiry under section 56 (1) of the Act. The instrument is further exempted under section 56 (2) of the Act.
being replaced	Subordinate legislation to replace the instrument is being drafted and is proposed to be made before midnight on the expiry date for the instrument. The instrument is exempted under section 56A (1) (a) (i) of the Act.
no replacement	The instrument is not proposed to be replaced by other subordinate legislation made under the Act under which or in relation to which it was made or preserved when it expires at midnight on the expiry date for the instrument. The instrument is exempted under section 56A (1) (a) (ii) of the Act.
subject to review	The Act or provision under which or in relation to which the instrument, or part of the instrument, is made or preserved is subject to review. The instrument is exempted under section 56A (1) (b) of the Act.
further exemption: review	The instrument has previously been exempted from expiry under section 56A (1) of the Act and the Act or provision under which or in relation to which the instrument, or part of the instrument, is made or preserved is subject to review. The instrument is further exempted under section 56A (2) of the Act.