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of the law drafters. Section 7 sets out the functions of that Office. In addition to the
obvious function of drafting legislation, the Office must advise Ministers,
government entities, and members of the Queensland Legislative Assembly on the
application of fundamental legislative principles. It is also required to ensure the
Queensland statute book is of the highest standard. The term “fundamental
legislative principles” is defined in section 4.
36
It is worth setting out the definition in full.
4
M eaning of “fun damental legislative principles”
(1)
For the purposes of this A ct, “fundamental legislative principles” are the principles
relating to legislation that underlie a parliamentary democracy based on the rule of law.
(2)
The principles include requiring that legislation has sufficient regard to—
(a)
rights and liberties of individuals; and
(b)
the institution of Pa rliament.
(3)
W hether legislation has sufficien t regard to rights and libe rties of ind ividuals depends on
whether, for example, the legislation—
(a)
makes rights and liberties, or obligations, dependent on ad ministrative 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 delegation of administrative power only in appropriate cases and to
appropriate persons; and
(d)
does not reverse the onus of proo f in criminal proceed ings without adeq uate
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 approp riate protection against self-incrimination; and
(g)
does not adversely affect rights and liberties, or impose obligations,
retrospectively; and
(h)
does not co nfer imm unity from proceed ing or p rosec ution without ad equate
justification; and
(i)
provides for the compulsory acquisition of property o nly with fair compensation;
and