Delegated Legislation in Australia 6th Edition

Law

Delegated Legislation in Australia 6th Edition

Edited by Dennis Pearce · Stephen Argument
LexisNexis Australia January 2023

Specifications

ISBN-13
9780409353716
Publisher
LexisNexis Australia
Publication
January 2023
Format
Hardback
Jurisdiction
Australia ? Countri(es) for reference only

Details

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

Table of Contents

Chapter 1 Overview
Chapter 2 Making, Publication And Commencement
Chapter 3 Parliamentary Review
Chapter 4 Scrutiny Principles: ‘In Accordance With The Statute’
Chapter 5 Scrutiny Principles: ‘Trespass Unduly On Personal Rights And Liberties’
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’
Chapter 7 Scrutiny Principles: ‘Does Not Contain Matter More Appropriate For Parliamentary Enactment’
Chapter 8 Other Scrutiny Principles
Chapter 9 Bills Scrutiny
Chapter 10 Human Rights Scrutiny
Chapter 11 Making, Publication, Commencement And Parliamentary Review: Concluding Comments
Chapter 12 Judicial Review Of Delegated Legislation: General
Chapter 13 Effect Of Non-Compliance With Formal Requirements
Chapter 14 Empowering Provisions: General
Chapter 15 Empowering Provisions: ‘Regulate’
‘Prohibit’
Chapter 16 Empowering Provisions: Penalties And Forfeitures
Chapter 17 Empowering Provisions: Licences And Fees
Chapter 18 Inclusion Of Discretions In Delegated Legislation
Chapter 19 Inconsistency
Chapter 20 Improper Purpose
Chapter 21 Unreasonableness: Proportionality
Chapter 22 Uncertainty
Chapter 23 Subdelegation Of Delegated Legislative Power
Chapter 24 Incorporation Of Material By Reference
Chapter 25 Effect Of Repeal — Empowering Provision
Regulations
Chapter 26 Procedure For Judicial Review Of Delegated Legislation
Chapter 27 Proof Of Delegated Legislation
Chapter 28 Ousting Of Judicial Review
Chapter 29 Severance
Chapter 30 Interpretation Of Delegated Legislation
Chapter 31 Retrospective Operation Of Delegated Legislation
Chapter 32 Judicial Review — Conclusion
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