Delegated Legislation in Australia, 5th edition
An essential guide to delegated legislation, including coverage of how delegated legislation is made and published, overseen by Parliament, and reviewed by the Courts.
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Now in its fifth edition, Delegated Legislation in Australia 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.
- Updates on key developments arising from case law and legislative amendments
- Comprehensive and detailed coverage
- Highly esteemed and authoritative authors
- >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
Table of contents
- Making, Publication and Commencement
- Parliamentary Review
- Scrutiny Principles: Introduction – ‘In Accordance with the Statute’
- Scrutiny Principles: ‘Trespass Unduly on Personal Rights and Liberties’
- 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’
- Scrutiny Principles: ‘Does not contain matter more appropriate for Parliamentary Enactment’
- Other Scrutiny Principles
- Bills Scrutiny
- Human Rights Scrutiny
- Making, Publication, Commencement and Parliamentary Review: Concluding Comments
- Judicial Review of Delegated Legislation: General
- Effect of Non-Compliance with Formal Requirements
- Empowering Provisions: General
- Empowering Provisions: ‘Regulate’; ‘Prohibit’
- Empowering Provisions: Penalties and Forfeitures
- Empowering Provisions: Licences and Fees
- Inclusion of Discretions in Delegated Legislation
- Repugnancy or Inconsistency
- Improper Purpose
- Unreasonableness: Proportionality
- Subdelegation of Delegated Legislative Power
- Incorporation of Material by Reference
- Effect of Repeal – Empowering Provision; Regulations
- Procedure for Judicial Review of Delegated Legislation
- Proof of Delegated Legislation
- Ousting of Judicial Review
- Interpretation of Delegated Legislation
- Retrospective Operation of Delegated Legislation
- Judicial Review - Conclusion