Legislation and Subordinate Legislation

What happens to Bills before the House when the Legislative Assembly is dissolved?

All Bills that have been introduced in the Legislative Assembly but are yet to be passed, automatically lapse when the Legislative Assembly is dissolved. Bills may be reintroduced in the next parliament.

What happens to subordinate legislation that has been notified in the Gazette prior to the dissolution of parliament and which has not yet been tabled in the Legislative Assembly?

Subordinate legislation is tabled by the Clerk of the Parliament on the first sitting day on which the new parliament meets to conduct business (i.e. not on the day of the formal opening of parliament).

What happens to motions for disallowance of subordinate legislation?

The power of the Legislative Assembly to pass a resolution disallowing subordinate legislation is not affected by the dissolution of the Legislative Assembly. (See s50 Statutory Instruments Act 1992.) Accordingly, the calculation of sitting days upon which the motion for disallowance must be moved continues on through the dissolution period. For example, if when the Legislative Assembly was dissolved three sitting days had passed after Notice of Motion was given, then in the new Parliament there would be 11 sitting days left in which the motion must be moved.

What happens to Bills passed by the House but not assented to when the Legislative Assembly was dissolved?

Bills that have already been passed by the Legislative Assembly will be presented by the Clerk of the Parliament for Assent.
The Clerk of the Parliament is required by s 2A(2) of the Constitution Act 1867 ("the 1867 Act") and Standing Order 167(1) to present the Bills passed to the Governor for Royal Assent:

2A The Parliament

  1. The Parliament of Queensland consists of the Queen and the Legislative Assembly referred to in sections 1 and 2.
  2. (2) Every Bill, after its passage through the Legislative Assembly, shall be presented to the Governor for assent by or in the name of the Queen and shall be of no effect unless it has been duly assented to by or in the name of the Queen.