22
(j)
has sufficient regard to Aboriginal tradition and Island custom; and
(k)
is unam biguo us and drafted in a sufficiently clear and precise way.
(4)
W hether a Bill has sufficient regard to the institution of Parliament depends on whether, for
exam ple, the Bill—
(a)
allows the delegation of legislative power only in ap propriate cases 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 amendme nt of an A ct only by another Ac t.
(5)
W hether 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 the 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 subdeleg ation o f a power delegated by an Ac t only—
(i)
in appropriate cases and to appropriate persons; and
(ii)
if authorised by an Ac t.
37
The other statute is the Parliament of Queensland Act 2001. Section 80 of the Act
establishes a parliamentary committee called the Scrutiny of Legislation Committee.
Section 103 defines the Committee’s responsibilities as including considering the
application of fundamental legislative principles stated in the Legislative Standards
Act to Bills and subordinate legislation and the lawfulness of subordinate
legislation. The Committee reports weekly to the Legislative Assembly, by way of
an Alert Digest in relation to Bills introduced into the Assembly, as to whether a Bill
conforms with the principles and also on other matters not included in the
principles.
38
The Queensland system relies on internal self-assessment of both primary and
delegated legislation by government agencies and the Cabinet in a process that is