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LEGISLATIVE STANDARDS ACT 1992 - SECT 4
Meaning of fundamental legislative principles
(1) For the purposes of this Act,
"fundamental legislative principles" are the principles relating to
legislation that underlie a parliamentary democracy based on the rule of law.
Note— Under section 7 , a function of the Office of the Queensland
Parliamentary Counsel is to advise on the application of
fundamental legislative principles to proposed legislation.
(2) The
principles include requiring that legislation has sufficient regard to— (a)
rights and liberties of individuals; and
(b) the institution of Parliament.
(3) Whether legislation has sufficient regard to rights and liberties of
individuals depends on whether, for example, the legislation— (a) makes
rights and liberties, or obligations, dependent on administrative power only
if the power is sufficiently defined and subject to appropriate review; and
(b) is consistent with principles of natural justice; and
(c) allows the
delegation of administrative power only in appropriate cases and to
appropriate persons; and
(d) does not reverse the onus of proof in criminal
proceedings without adequate justification; and
(e) confers power to enter
premises, and search for or seize documents or other property, only with a
warrant issued by a judge or other judicial officer; and
(f) provides
appropriate protection against self-incrimination; and
(g) does not adversely
affect rights and liberties, or impose obligations, retrospectively; and
(h)
does not confer immunity from proceeding or prosecution without adequate
justification; and
(i) provides for the compulsory acquisition of property
only with fair compensation; and
(j) has sufficient regard to Aboriginal
tradition and Island custom; and
(k) is unambiguous and drafted in a
sufficiently clear and precise way.
(4) Whether a Bill has sufficient regard
to the institution of Parliament depends on whether, for example, the Bill—
(a) allows the delegation of legislative power only in appropriate cases and
to appropriate persons; and
(b) sufficiently subjects the exercise of a
delegated legislative power to the scrutiny of the Legislative Assembly; and
(c) authorises the amendment of an Act only by another Act.
(5) Whether
subordinate legislation has sufficient regard to the institution of Parliament
depends on whether, for example, the subordinate legislation— (a) is within
the power that, under an Act or subordinate legislation (the
"authorising law" ), allows the subordinate legislation to be made; and
(b)
is consistent with the policy objectives of the authorising law; and
(c)
contains only matter appropriate to subordinate legislation; and
(d) amends
statutory instruments only; and
(e) allows the subdelegation of a power
delegated by an Act only— (i) in appropriate cases and to appropriate
persons; and
(ii) if authorised by an Act.
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