Queensland Legislation Handbook

The Queensland Legislation Handbook is part of the Governing Queensland suite of handbooks.

It outlines legislative processes managed by the Office of the Queensland Parliamentary Counsel (OQPC) and explains what is needed in drafting instructions for Acts of Parliament and subordinate legislation. The handbook is designed primarily for use by policy or instructing officers to help them work effectively with OQPC.

OQPC is responsible for the drafting of government bills and most subordinate legislation in Queensland.

Summary

Outlines Queensland legislative processes, how Parliament makes or authorises the making of legislation, the policy context, drafting a government bill, the parliamentary process, drafting and making subordinate legislation, and fundamental legislative principles.

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Table of contents

• Introduction
• 1.0 Context of legislation
  • 1.1 Legislation and the general law
  • 1.2 Why legislation is needed
  • 1.3 How legislation operates on a matter
  • 1.4 The power of the Parliament of Queensland
  • 1.5 How Parliament makes legislation or authorises the making of legislation
  • 1.6 Information about the following chapters
  • 1.7 Glossary
• 2.0 Policy development of a government Bill
  • 2.1 The nature of policy
  • 2.2 Is a new law needed?
  • 2.3 Does the State have power to make the law?
  • 2.4 Bill or subordinate legislation?
  • 2.5 Portfolio Bills
  • 2.6 Sponsoring a Bill
  • 2.7 Role of policy or instructing officers
  • 2.8 Establishing a practical timetable
  • 2.9 Obtaining appropriate advice
  • 2.10 Considering fundamental legislative principles
  • 2.11 Considering human rights
  • 2.12 Other matters needing consideration for thorough policy development
• 3.0 The drafting process
  • 3.1 OQPC’s involvement before Authority to Prepare a Bill approval
  • 3.2 Authority to Prepare a Bill approval
  • 3.3 Drafting process
  • 3.4 Role of instructing officer in providing effective drafting instructions
  • 3.5 Role of drafter
  • 3.6 Authority to Introduce a Bill approval
  • 3.7 Other relevant matters
• 4.0 The parliamentary process
  • 4.1 Parliament of Queensland
  • 4.2 Timing of the introduction of a Bill
  • 4.3 Explanatory notes
  • 4.4 Messages from the Governor
  • 4.5 Human rights – Statements of Compatibility
  • 4.6 Presentation and first reading
  • 4.7 Bills referred to portfolio committees
  • 4.8 Amendments during consideration in detail
  • 4.9 Second reading
  • 4.10 Consideration in detail stage
  • 4.11 Third reading and long title
  • 4.12 Cognate debates
  • 4.13 Record of Proceedings
  • 4.14 Attendance by departmental officers and OQPC drafter (other than for portfolio committee)
  • 4.15 Private members' Bills and amendments during consideration in detail
• 5.0 Royal assent
• 6.0 Subordinate legislation
  • 6.1 What is subordinate legislation?
  • 6.2 Drafting subordinate legislation
  • 6.3 Subordinate legislation must be within power
  • 6.4 Unauthorised subdelegation
  • 6.5 General presumption that legislation will be prospective
  • 6.6 Retrospective operation of a beneficial provision
  • 6.7 Power to make instruments
  • 6.8 Certification
  • 6.9 Penalties
  • 6.10 Infringement notice offences
  • 6.11 Explanatory notes
  • 6.12 Human rights and subordinate legislation
  • 6.13 Notification
  • 6.14 Tabling and disallowance
  • 6.15 Parliamentary scrutiny
  • 6.16 Interpretation
  • 6.17 Expiry of subordinate legislation
  • 6.18 Printing, notification and tabling processes
• 7.0 Fundamental legislative principles
  • 7.1 Introduction
  • 7.2 The rights and liberties of individuals
  • 7.3 The institution of Parliament
  • 7.4 An example of the application of fundamental legislative principles - inspectorial powers
• 8.0 Human rights
  • 8.1 Human rights protected under the Act
• Appendix
• Glossary
• Index
• Endnotes

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