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Committee Secretariat Contact
Parliament House
George Street
BRISBANE QLD 4000
Email: committeeoffice@parliament.qld.gov.au
Committee Membership
Mr L W Stephan MLA, Deputy Chair, Member for Gympie
Mr D E Beanland MLA, Member for Indooroopilly
Mr G R Nuttall MLA, Member for Sandgate
Mr P M Pyke MLA, Member for Mount Ommaney
Mr S Robertson MLA, Member for Sunnybank
Miss F S Simpson MLA, Member for Maroochydore
Functions of the Committee
The information on this page relates to the committee of the 46th and 47th Parliament, which ended with the dissolution of the Parliament in June 1995.
The Committee of Subordinate Legislation was established in 1975 and was responsible for scrutinising all subordinate legislation. This committee was replaced by the Scrutiny of Legislation Committee which was established on 15 September 1995.
Resolution appointing the committee
The Committee, with respect to subordinate legislation, is to consider each instrument to ensure—
- that it is in accordance with the general objects of the act under which it is made;
- that it does not unduly trespass on rights previously established by law;
- that it does not contain any matter which in the opinion of the Committee should properly be dealt with in an act of the Parliament;
- that its meaning is clearly understood and does not require clarification;
- that it does not unduly make the rights of persons dependent upon administrative decisions which are not subject to review by a judicial or other independent tribunal; and
- that any requirement of the Statutory Instruments Act 1992 and the Legislative Standards Act 1992 relating to subordinate legislation have been complied with.
Role of the Committee
The Committee was first established by resolution of the Legislative Assembly on 26 November 1975, and re-established by subsequent resolution, the most recent of which was passed on 6 March 1990.
Each resolution was couched in similar terms and requires the Committee, with respect to Regulations (expressed to include Rules, By-laws, Ordinances, Orders in Council and Proclamations), to consider—
- whether the Regulations are in accord with the general objects of the Act pursuant to which they are made;
- whether the Regulations trespass unduly on rights previously established by law;
- whether the Regulations contain matter which in the opinion of the Committee should properly be dealt with in an Act of Parliament;
- whether for any special reason the form or purport of the Regulations calls for elucidation; and
- whether the Regulations unduly make rights dependent upon administrative and not upon judicial decisions.
The resolution also empowers the Committee to report to the House on any other matter relating to the Regulations which the Committee considers should be brought to the attention of the House.