Chapter 15 - Delegated legislation and disallowance

Types and volume of delegated legislation

The types of legislative instruments are extremely diverse. In 1970 there were only three different kinds; by the 1990s this had increased to over 100. They include:

  • regulations
  • determinations
  • ordinances of territories
  • plans of management, for example, for fisheries
  • declarations, approvals, principles and notices
  • by-laws of statutory authorities
  • navigation and aviation orders
  • notices, such as broadcasting service notices
  • standards, such as accounting standards
  • declarations, such as health legislation declarations
  • directives, such as airworthiness directives
  • guidelines, such as aged care and child care guidelines.

The volume of instruments is considerable and increasing in the long term. The table below sets down details of the numbers in recent years:

Year Disallowable Instruments

1985-1986 855

1986-1987 832

1987-1988 1035

1988-1989 1352

1989-1990 1258

1990-1991 1645

1991-1992 1562

1992-1993 1652

1993-1994 1803

1994-1995 2087

1995-1996 1900

1996-1997 1791

1997-1998 1888

1998-1999 1672

1999-2000 1655

2000-2001 1859

2001-2002 1546

2002-2003 1661

2003-2004 1561

2004-2005 2432

2005-2006 2449

2006-2007 2349

2007-2008 2982

(See Supplement)

Generally speaking, about half of the law of the Commonwealth by volume consists of delegated legislation rather than acts of Parliament.

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