Subordinate legislation (sometimes called ‘delegated’ legislation) is a category of statutory instrument made by an entity acting under the authority of an Act.
Subordinate legislation includes:
- regulations (the majority of instruments of subordinate legislation are regulations)
- proclamations (these instruments are mainly used to fix the commencement of provisions of an Act)
- rules (the most common examples are the rules of court)
With the exception of a special category of subordinate legislation (called exempt subordinate legislation)
A Bill that has been passed by the Legislative Assembly and presented to the Governor for royal assent becomes an Act on receiving that assent.
At that point, the Act becomes a law of the State but whether or not its provisions start to operate depends on whether they have ‘commenced’.
Acts are sometimes called primary or principal legislation.
Each Act of the Queensland Parliament can be uniquely identified by its short title and number
The Record of Proceedings—commonly referred to as Hansard—is the official record of the Legislative Assembly. Among other things, it includes details of the:
- sponsoring Minister’s or member’s explanatory speech when introducing a Bill
- debate about a Bill
- stage of progression a Bill has reached in the Legislative Assembly
- text of all amendments to a Bill and whether they were agreed to
- date of assent of a Bill.
Hansard is published daily on Parliament’s website www.parliament.qld.gov.au when Parliament is sitting
Bills are proposed laws introduced into the Legislative Assembly. If agreed to by the Parliament, they become Acts. In Queensland all Government Bills are drafted by the Office of the Queensland Parliamentary Counsel (OQPC) on receipt of a specific Cabinet authority which justifies the need for legislation. This is an important step in the process as not everything the Government seeks to achieve needs to be implemented by legislation.
Most Bills are Government Bills and are introduced into Parliament by the Minister whose responsibilities cover the Bill’s subject matter. However, OQPC also drafts Bills for private members at their request. These are called private members’ Bills.
Laws are the formal rules that regulate our behaviour. The law in Queensland is made by or under the authority of our Parliament or the Parliament of the Commonwealth (statute law) and by the courts (common law).
Queensland’s principal law-making body is the Parliament of Queensland. The Parliament comprises the Queen (whose representative in Queensland is the Governor) and the Legislative Assembly which consists of our elected Members of the Parliament.
Unlike other Australian States, Queensland has a unicameral (or single chamber) Parliament. Other States have both a Lower House and an Upper House. Queensland’s Upper House, called the Legislative Council, and was abolished in 1922.
The Members of the Legislative Assembly propose laws (in the form of a Bill for an Act) for consideration by the Parliament. If agreed to, those Bills become Acts and form part of Queensland’s law. The Parliament also delegates aspects of its law-making function to other entities, particularly the Governor in Council. Laws made under this delegated power are called statutory instruments. The form of statutory instrument most widely recognised is the regulation, but there are many other forms of statutory instruments.
More information on this topic and links to current legislation can be found online at https://www.legislation.qld.gov.au/Leg_Info/flp.htm
Latin for “we shall no longer prosecute”
A deed by which one person appoints another to act for him or her for certain purposes
A document by which one person is authorized to vote for another
An officer of the Supreme Court who performs functions similar to a bailiff
A written statement made about facts which a person conscientiously believes to be true
A writ requiring someone to appear in court to give testimony, or to present documents to court
Evidence given orally by a witness in court
A written authority to do an act such as to carry out a search or to make an arrest
Withdrawal by the prosecution in a District or Supreme court (before an indictment has been lodged)
A formal written accusation charging a person with one or more offences
The confession of a person or the finding of the jury after trial that the person committed the crime with which they are charged
A document served on a defendant containing written details of an alleged criminal offence in order to initiate a case in a magistrates court
A document that shows legal ownership of a piece of land
A warrant issued by a court when a party to a case has not appeared, requiring that party to appear
Permission given for a defendant to remain at liberty pending an appearance in court (conditions may be set, including the deposit of a security or a requirement to report to police at specified intervals)
Solemn confirmation or assertion to the truth
Latin for “he has declared upon oath”. A written statement signed and sworn on oath, or affirmed as being true
About the only real difference is the name.
On an Equifax (Formerly Veda Advantage) credit file ordered directly by a consumer, you might see the heading “Overdue Account(s)” but the same listing from a business subscriber, you might see it called a “Default”.
Otherwise, you could say it is an overdue account for at least 60 days before it can be listed as a default.
A Clear Out is also known as a Serious Credit Infringement and will remain on your credit rating for 7 years.
See Serious Credit Infringement for further details.
A Judgment relates to court proceedings filed against you and the subsequent order made by a court that you owe a debt.
The order becomes public record and the credit reporting bureaus upload the data directly from the courts onto their credit reporting databases.
You may also have other public record listings on your credit files including court actions and court writs.
Judgments and court actions stay listed on your report for 5 years while court writs are listed for 4 years.
A default may be listed on your credit file when you fail to meet your repayment obligations under your credit contract.
A default will stay on your credit file for up to 5 years, but if you have a serious credit infringement, this may stay listed for up to 7 years.
At the time of writing, MyCRA Lawyers work on removing any bad credit listing or enquiry other than
- Part IX,
- Part X, or
- Section 73 of the Bankruptcy Act or
- judgments listed by the Australian Taxation Office.
If you need assistance with having a bankruptcy annulled or other help with your small business, we will happily refer you on to another Law Firm that can help you. Please call 1300-667-218 for more details.
Credit files (also known as credit ratings or credit reports) are created for every person18 years and over who has been credit active, or that has now or has had, an open credit account or loan.
Your credit report can indicate the potential success or failure of future loan, credit card and mortgage applications.
Basically a credit file or credit rating records information for the past 5 – 7 years such as repayment history, the size of debt and the forms of credit applied for.
From a consumer perspective, your credit report is possibly the most important part of your financial life when it comes to getting approved for loans or almost any other form of credit.
Your credit file is the single most important part of your mortgage application, as it is used to provide evidence of your credit history and how you manage your debt and repayments.
If you have Bad Credit on your credit rating, and if you were lucky enough to find a home loan lender to help you, you could pay as much as $17,000 in extra interest Every Year because of the bad credit.
When MyCRA Lawyers fixes your credit, you might save $17,000 or more a year in interest charges. Call MyCRA Lawyers Today!
We aim to remove your default or bad credit listing in 30 days or less – and with that said, while some files may take longer, our fastest ever removal was completed in only 18 minutes.
We work to remove every default in the shortest possible time.
Every file and situation is as unique as you are and we’ll do everything we can to help you as quickly as possible.
If you have bad credit, history says Mycra Lawyers can fix it for you in up-to 9 out of 10 cases
MyCRA Lawyers cleans your credit files or credit rating to remove any unjust or unlawful black marks or blemishes.
There are approximately 3 million people just like you with mistakes on their Australian credit reports. We help our clients by removing the contestable bad credit listings from their credit ratings.
We do this by conducting a high level investigation and audit of your creditors files to identify legislative and or compliance breaches that may deem your bad credit listing unlawful.
No, paying the debt will not remove the bad credit listing from your credit file.
Your listing will ONLY be updated to “Paid” to show that you paid the overdue amount.
If you have a Serious Credit Infringement (7 years), this listing will be downgraded to a default when paid.
This then reduces the time listed to just 5 years from the original date the listing was reported.
Your Bad Credit Default Listing can ONLY be removed when MyCRA Lawyers audits your creditor and proves they did NOT afford you your consumer rights – making the default listing UNLAWFUL… (Historically, MyCRA Lawyers have removed up-to 91.7% [more than 9 in 10] defaults we’ve worked on)
Here’s Three Simple Steps To Get Started With MyCRA Lawyers To A Clean Credit Rating:
Firstly we need a copy of your Equifax (Formerly Veda Advantage) and Illion (Formerly Dun and Bradstreet) credit reports (We can get them for you with either a simple form, or while you’re on the phone with us), so we can see exactly how many Bad Credit listings you may have, who listed them, and identify those you might be able to handle yourself if you wanted to.
You can either get your credit reports yourself through the Credit Reporting Bodies or call 1300 667 218 and we can arrange a copy for you.
Tell us everything you can remember about the listing and the events that led up to the Bad Credit listing. (It’s okay if you can’t remember much – the more you tell us the faster the process can be.)
Look around and send through any and all documents you might still have, including emails, statements, and letters from this creditor.
We’ll send you a few forms so we can take over the whole process (and all the stress) to make it very easy for you.
From there, the negotiations and investigations begin and we work on your behalf to remove the black marks from your credit files as quickly as possible.
No, paying the Judgment will not remove the bad Credit listing from your credit file.
Your listing will ONLY be updated to “Paid” to show that you paid the overdue amount, and ONLY if your creditor advises the credit reporting bureau.
In fact, we do quote a fixed fee.
To ensure you personally save as much money as possible, everything that is normally required to repair your credit is included in our fixed fee guarantee option when you choose MyCRA Lawyers for credit repair.
Please see Get Started Now for details and savings