Chapter 15 - Delegated legislation and disallowance

National uniform legislation

National schemes of legislation, also known as uniform legislation, have always presented difficulties for Senate scrutiny of legislation because they are framed by agreement between the Commonwealth and state and territory executive governments and then presented to the respective parliaments as unchangeable because the parliaments cannot change the intergovernmental agreements. The two legislative scrutiny committees, the Regulations and Ordinances Committee and the Scrutiny of Bills Committee, combined to present on 16 October 1996 a position paper on this subject. The position paper suggested two possible solutions: a national committee for the scrutiny of such legislation and the adoption of parliamentary procedures so that legislation commented on by a scrutiny committee would not proceed until the government reported on the matters raised. No action has yet been taken on these suggestions. (See also statement by the committee, SD, 12/3/1998, p. 892-4.)

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