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Delegated Legislation in Australia, 5th edition (Cased)

Delegated Legislation in Australia, 5th edition (Cased)

Pearce, D; Argument, S, 2017

Available Formats

Format ISBN Price
Book 9780409345841 $262.00
eBook 9780409345858 $262.00
Book 9780409347739 $221.00

Delegated Legislation in Australia, 5th edition is an essential guide to delegated legislation, including coverage of how delegated legislation is made and published, overseen by Parliament, and reviewed by the Courts.


Format: Hardback


Delegated Legislation in Australia, 5th edition provides updated and detailed coverage of all aspects of subordinate legislation, and is an essential reference for legislators, public officials at all levels of government, judicial officers and lawyers. It is the latest addition to the LexisNexis Black and Silver series.


Legislation made by various government and other bodies under the authority of an Act of Parliament far exceeds in volume the legislation made by Parliament in the form of statutes. Delegated Legislation in Australia includes a comprehensive overview of why and how delegated legislation is used to impose obligations on both citizens and business, and in what forms such legislation takes. Commentary is provided for each Australian jurisdiction as to the means used by Parliament to review the content of the legislation, and assess and compare the performance of each parliament.


Updated material in this edition includes discussion of parliamentary committees, including the effect of the abolition of the Scrutiny of Legislation Committee in Queensland, and the effect of the operation of the new Parliamentary Joint Committee on Human Rights. There is also updated discussion in relation to judicial review, including analysis of a number of new court decisions and the element of proportionality as a ground of review.


Book Review - Law Institute Journal March 2018

Book Review - The Law Society of Tasmania



• Updates on key developments arising from case law and legislative amendments
• Comprehensive and detailed coverage
• Highly esteemed and authoritative authors


Related Titles

Creyke, McMillan & Smyth, Control of Government Action, 4th edition, 2015
Pearce, Administrative Appeals Tribunal, 4th edition, 2015
Pearce & Geddes, Statutory Interpretation in Australia 8th edition, 2014



Emeritus Professor Dennis Pearce AO, FAAL is an Emeritus Professor at the College of Law, Australian National University, and a consultant at HWL Ebsworth Lawyers. Dennis is also the author of LexisNexis titles Statutory Interpretation 8th edition (with R S Geddes) and Administrative Appeals Tribunal 4th edition. He edits the LexisNexis looseleaf service Australian Adminstrative Law.

Stephen Argument is the Legal Adviser (Subordinate Legislation) to the Australian Capital Territory Legislative Assembly Standing Committee on Justice and Community Safety (Legislative Scrutiny Role), a role that he has fulfilled since 2005. Since 2013, Stephen has also been the Legal Adviser to the Senate Standing Committee on Regulations and Ordinances. Stephen worked for the Commonwealth Office of Legislative Drafting and Publishing (later a part of the Office of Parliamentary Counsel) from 2007 to 2013. Prior to that, he worked in Canberra for 25 years, for parliamentary committees, executive departments and national law firms. Stephen was the (honorary) Secretary of the Australian Institute of Administrative Law for 20 years.

Table of Contents

1.     Overview
2.     Making, Publication and Commencement
3.     Parliamentary Review
4.     Scrutiny Principles: Introduction – ‘In Accordance with the Statute’
5.     Scrutiny Principles: ‘Trespass Unduly on Personal Rights and Liberties’
6.     Scrutiny Principles: ‘Does Not Unduly Make the Rights and Liberties of Citizens dependent upon Administrative Decisions which are not subject to Review on their Merits’
7.     Scrutiny Principles: ‘Does not contain matter more appropriate for Parliamentary Enactment’
8.     Other Scrutiny Principles
9.     Bills Scrutiny
10.     Human Rights Scrutiny
11.     Making, Publication, Commencement and Parliamentary Review: Concluding Comments
12.     Judicial Review of Delegated Legislation: General
13.     Effect of Non-Compliance with Formal Requirements
14.     Empowering Provisions: General
15.     Empowering Provisions: ‘Regulate’; ‘Prohibit’
16.     Empowering Provisions: Penalties and Forfeitures
17.     Empowering Provisions: Licences and Fees
18.     Inclusion of Discretions in Delegated Legislation
19.     Repugnancy or Inconsistency
20.     Improper Purpose
21.     Unreasonableness: Proportionality
22.     Uncertainty
23.     Subdelegation of Delegated Legislative Power
24.     Incorporation of Material by Reference
25.     Effect of Repeal – Empowering Provision; Regulations
26.     Procedure for Judicial Review of Delegated Legislation
27.     Proof of Delegated Legislation
28.     Ousting of Judicial Review
29.     Severance
30.     Interpretation of Delegated Legislation
31.     Retrospective Operation of Delegated Legislation
32.     Judicial Review - Conclusion

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