Delegated Legislation in Australia, 6th edition

An authoritative guide to subordinate legislation, parliamentary review and judicial review

by Dennis Pearce (Author) , Stephen Argument (Author)

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Book:Hardback
ISBN/ISSN: 9780409353716
Release Date: January 04, 2023
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eBook:ePub
ISBN/ISSN: 9780409353730
Release Date: January 04, 2023
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Product description

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.

Features

• Frequently cited in court judgments
• Highly regarded authors

Related Titles

• Pearce, Statutory Interpretation in Australia, 9th edition
• Pearce, Interpretation Acts in Australia 2nd edition
• Pearce, Administrative Appeals Tribunal, 5th edition

 

Featured Authors

Dennis Pearce
Stephen Argument

Emeritus Professor Dennis Pearce

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.

View all books by Dennis Pearce (6)

Stephen Argument

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.

View all books by Stephen Argument (2)

Table of contents


     
  • Chapter 1 Overview 

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  • Chapter 2 Making, Publication And Commencement

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  • Chapter 3 Parliamentary Review

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  • Chapter 4 Scrutiny Principles: ‘In Accordance With The Statute’

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  • Chapter 5 Scrutiny Principles: ‘Trespass Unduly On Personal Rights And Liberties’

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  • Chapter 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’

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  • Chapter 7 Scrutiny Principles: ‘Does Not Contain Matter More Appropriate For Parliamentary Enactment’

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  • Chapter 8 Other Scrutiny Principles 

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  • Chapter 9 Bills Scrutiny

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  • Chapter 10 Human Rights Scrutiny

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  • Chapter 11 Making, Publication, Commencement And Parliamentary Review: Concluding Comments

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  • Chapter 12 Judicial Review Of Delegated Legislation: General

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  • Chapter 13 Effect Of Non-Compliance With Formal Requirements

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  • Chapter 14 Empowering Provisions: General

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  • Chapter 15 Empowering Provisions: ‘Regulate’; ‘Prohibit’

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  • Chapter 16 Empowering Provisions: Penalties And Forfeitures

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  • Chapter 17 Empowering Provisions: Licences And Fees

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  • Chapter 18 Inclusion Of Discretions In Delegated Legislation

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  • Chapter 19 Inconsistency

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  • Chapter 20 Improper Purpose

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  • Chapter 21 Unreasonableness: Proportionality

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  • Chapter 22 Uncertainty

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  • Chapter 23 Subdelegation Of Delegated Legislative Power

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  • Chapter 24 Incorporation Of Material By Reference

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  • Chapter 25 Effect Of Repeal — Empowering Provision; Regulations

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  • Chapter 26 Procedure For Judicial Review Of Delegated Legislation

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  • Chapter 27 Proof Of Delegated Legislation

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  • Chapter 28 Ousting Of Judicial Review

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  • Chapter 29 Severance

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  • Chapter 30 Interpretation Of Delegated Legislation

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  • Chapter 31 Retrospective Operation Of Delegated Legislation

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  • Chapter 32 Judicial Review — Conclusion

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