6.8 Certification

Ordinarily, OQPC certifies subordinate legislation drafted by it, and supplies the subordinate legislation to the relevant department. OQPC will certify subordinate legislation only if it is satisfied that the proposed subordinate legislation:

• is lawful
• has sufficient regard to fundamental legislative principles.

If the subordinate legislation is to be made by the Governor or Governor in Council, OQPC supplies one blue copy and one white copy, and certifies each copy by placing a special stamp bearing a signed authority on the first page.

If the subordinate legislation is to be made by an entity other than the Governor or Governor in Council, but must subsequently be approved by the Governor or Governor in Council:

• OQPC firstly supplies one white copy, which is not certified.
• After the subordinate legislation has been made by the entity, OQPC supplies one blue copy and one white copy, both certified.

If the subordinate legislation is to be made by an entity other than the Governor or Governor in Council and there will be no subsequent Governor or Governor in Council involvement before notification, OQPC supplies one white copy, which is certified.

All copies are supplied on archival paper. The Executive Council Secretariat retains white certified copies it receives from a department. Blue certified copies eventually form part of the administering department’s records. Under The Queensland Cabinet Handbook, proposed subordinate legislation that has not been certified by OQPC must be submitted to Cabinet.