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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ISBN/ISSN: 9780409347739
Release Date: August 01, 2017
AUD$ 259.00
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Product description

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

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

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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