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Legislation Handbook
Introduction
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
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
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
3.5 Role of drafter
3.6 Authority to Introduce a Bill approval
3.7 Other relevant matters
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 in committee
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
4.15 Private members' Bills and amendments during consideration in detail
Royal assent
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
Fundamental legislative principles
7.1 Introduction
7.2 Rights and liberties of individuals
7.3 The institution of Parliament
7.4 Example of FLPs - inspectoral powers
Human rights
8.1 Human rights protected under the Act
Appendix
Glossary
Index
Endnotes
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Governing Queensland—government handbooks
Legislation Handbook
Context of legislation
1.0 Context of legislation
This chapter considers legislation in its broadest context.
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
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Last updated:
13 November, 2013
Last reviewed:
13 November, 2013
