Delegated Legislation in Australia

Author: Pearce, D; Argument, S
Publisher: LexisNexis Australia
ISBN: 9780409321739
Published In: September 2005
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

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Written by well-respected authors, Delegated Legislation in Australia provides a comprehensive discussion of the principles and current thought on delegated legislation. This pertinent book, with detailed and scholarly coverage, incorporates a large number of key developments arising from case law and legislative amendments in this area.

This book contains a thorough overview of delegated legislation and the manner in which it is used to impose obligations on citizens and business, and explores the various forms this legislation takes. In particular, it looks at the effect on Commonwealth delegated legislation of the Legislative Instruments Act 2003, which took effect on 1 January 2005. For each Australian jurisdiction, the book also describes the means used by the parliament to review the content of the legislation and the performance of each parliament is assessed and compared. It further examines the grounds for judicial review and the procedures that the courts have followed. This highly regarded book is an essential resource to legislators, public officials at all levels of government, judicial officers, barristers and lawyers.

* Making, Publication, Commencement and Parliamentary Review
* 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
* Proof of Delegated Legislation
* Ousting of Judicial Review
* Severance
* Interpretation of Delegated Legislation
* Retrospective Operation of Delegated Legislation
* Judicial Review

Emeritus Professor Dennis Pearce AO is currently appointed as Visiting Fellow, ANU College of Law, Australian National University and Special Counsel, DLA Phillips Fox.