An essential guide to delegated legislation, including coverage of how delegated legislation is made and published, overseen by Parliament, and reviewed by the Courts.
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.
Features
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
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
Uncertainty
Subdelegation of Delegated Legislative Power
Incorporation of Material by Reference
Effect of Repeal – Empowering Provision; Regulations
Procedure for Judicial Review of Delegated Legislation
Stephen Argument has been the Legal Adviser (Subordinate Legislation) to the Australian Capital Territory Legislative Assembly Standing Committee on Justice and Community Safety (Legislative Scrutiny Role) since 2005. In 2013, Stephen was also appointed 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.
Dennis C Pearce, AO, FAAL, is Emeritus Professor at the Australian National University College of Law and is Australia’s leading authority on statutory interpretation. His other books include Delegated Legislation in Australia (with Stephen Argument) and Interpretation Acts in Australia. Professor Pearce has provided legal advice to the Commonwealth and State and Territory governments over many years and has conducted many reviews on their behalf.
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