This regulation may be cited as the Statutory Instruments Regulation 2012.
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.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.
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 2019 (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; 2015 SL No. 102 s 4; 2016 SL No. 134 s 4; 2017 SL No. 146 s 4; 2018 SL No. 123 s 4
The Statutory Instruments Regulation 2002, SL No. 218 is repealed.
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 2018, section 20 or 21
3a notice making a determination, other than an administrative determination, under the Transport Operations (Road Use Management—Dangerous Goods) Regulation 2018, section 23 or 24
sch 1 amd 2018 SL No. 105 s 204; 2018 SL No. 107 s 284
Column 1 Instrument | Column 2 Ground for exemption | Column 3 Expiry date |
Cooperatives Regulation 1997 | further exemption: uniform | 31/08/22 |
Proclamations made under the Maintenance Act 1965, section 98 | further exemption: uniform | 30/06/22 |
Note— The proclamations make declarations for the purposes of certain countries becoming reciprocating countries. | ||
further exemption: uniform | 30/06/22 | |
Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004 | uniform | 31/08/20 |
further exemption: uniform | 31/08/23 | |
An instrument mentioned in this part expires on 31 August 2019—see section 3(2).
Column 1 Instrument | Column 2 Ground for exemption |
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 2008 | being replaced |
Agricultural Chemicals Distribution Control Regulation 1998 | further exemption: review |
Architects Regulation 2003 | further exemption: review |
Associations Incorporation Regulation 1999 | further exemption: review |
Body Corporate and Community Management (Accommodation Module) Regulation 2008 | subject to review |
Body Corporate and Community Management (Commercial Module) Regulation 2008 | subject to review |
Body Corporate and Community Management Regulation 2008 | subject to review |
Body Corporate and Community Management (Small Schemes Module) Regulation 2008 | subject to review |
Body Corporate and Community Management (Standard Module) Regulation 2008 | subject to review |
Building and Construction Industry Payments Regulation 2004 | further exemption: review |
Building Fire Safety Regulation 2008 | being replaced |
Building Regulation 2006 | further exemption: review |
Building Units and Group Titles Regulation 2008 | subject to review |
Casino Control Regulation 1999 | further exemption: review |
Charitable and Non-Profit Gaming Regulation 1999 | further exemption: review |
Collections Regulation 2008 | subject to review |
Electricity Regulation 2006 | further exemption: review |
Energy and Water Ombudsman Regulation 2007 | further exemption: review |
Fair Trading (Code of Practice—Fitness Industry) Regulation 2003 | further exemption: review |
Fisheries Regulation 2008 | subject to review |
Gaming Machine Regulation 2002 | further exemption: review |
Gas Supply Regulation 2007 | further exemption: review |
Health (Drugs and Poisons) Regulation 1996 | further exemption: review |
Health Regulation 1996 | further exemption: review |
Interactive Gambling (Player Protection) Regulation 1998 | further exemption: review |
Introduction Agents Regulation 2002 | further exemption: review |
Keno Regulation 2007 | further exemption: review |
Liquor (Approval of Adult Entertainment Code) Regulation 2002 | further exemption: review |
Liquor Regulation 2002 | further exemption: review |
Lotteries Regulation 2007 | further exemption: review |
Nature Conservation (Estuarine Crocodile) Conservation Plan 2007 | being replaced |
Nature Conservation (Wildlife Management) Regulation 2006 | further exemption: review |
Nature Conservation (Wildlife) Regulation 2006 | further exemption: review |
Pest Management Regulation 2003 | further exemption: review |
Petroleum and Gas (Production and Safety) Regulation 2004 | further exemption: review |
Plumbing and Drainage Regulation 2003 | further exemption: review |
Police Service (Discipline) Regulations 1990 | further exemption: review |
Professional Engineers Regulation 2003 | further exemption: review |
Second-hand Dealers and Pawnbrokers Regulation 2004 | further exemption: review |
Security Providers (Crowd Controller Code of Practice) Regulation 2008 | subject to review |
Security Providers Regulation 2008 | subject to review |
Security Providers (Security Firm Code of Practice) Regulation 2008 | subject to review |
Security Providers (Security Officer—Licensed Premises—Code of Practice) Regulation 2008 | subject to review |
Standard Plumbing and Drainage Regulation 2003 | further exemption: review |
State Buildings Protective Security Regulation 2008 | subject to review |
Statutory Bodies Financial Arrangements Regulation 2007 | further exemption: review |
Stock Route Management Regulation 2003 | further exemption: review |
Storage Liens Regulation 2008 | being replaced |
Superannuation (Public Employees Portability) Notice 2008 | being replaced |
Superannuation (Public Employees Portability) Regulation 2008 | being replaced |
Tourism Services (Code of Conduct for Inbound Tour Operators) Regulation 2003 | further exemption: review |
Tourism Services Regulation 2003 | further exemption: review |
Trust Accounts Regulation 1999 | further exemption: review |
Wagering Regulation 1999 | further exemption: review |
sch 2 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; 2015 SL No. 102s 5; 2015 SL No. 172 s 21(2); 2016 SL No. 75 s 129 sch 12; 2016 SL No. 134 s 5; 2016 SL No. 199 s 38; 2017 SL No. 146 s 5; 2017 SL No. 160 s 17 sch 2 (amdt could not be given effect); 2018 SL No. 123 s 5