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Vol 21 No 11 Nov/Dec 2016

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Delegated Legislation in Australia 4th ed isbn 9780409328257

Delegated Legislation in Australia 3rd ed

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ISBN13: 9780409321739
ISBN: 0409321737
New Edition ISBN: 9780409328257
Published: September 2005
Publisher: LexisNexis Australia
Country of Publication: Australia
Format: Paperback
Price: Out of print



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.

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Subjects:
Other Jurisdictions , Australia
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