1.5 How Parliament makes legislation or authorises the making of legislation
1.5.1 Act of Parliament
The Parliament of Queensland makes legislation or authorises the making of legislation by enacting an Act. This means the Legislative Assembly passes a Bill for the Act and the Bill is given royal assent. On assent the Bill becomes an Act.
All persons are required to take note of and comply with an Act. If, according to its terms, a provision applies to a person, the person and all other persons may rely on, or are bound by, the provision.
An Act is essentially a sequence of provisions containing statements and rules.
1.5.2 Subordinate legislation
Generally speaking, subordinate or delegated legislation is legislation authorised by (made under) an Act of Parliament. This type of legislation can be made if the Parliament, by an Act, delegates the authority to make subordinate legislation to another body or person.
In Queensland, particular instruments made under Acts are ‘subordinate legislation’. If an Act gives an instrument this label, the instrument must be tabled in the Legislative Assembly and can be disallowed by it. Subordinate legislation is a special subcategory of statutory instruments.
The most familiar example of subordinate legislation is a regulation made by the Governor in Council.
Chapter 6.1 gives more information about types of subordinate legislation.
