Subjects:

Australia, Other Jurisdictions

Contents:

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

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.