The power to enact laws is a primary power of Parliament. Parliament, however, frequently enacts legislation containing provisions which empower the executive government, or specified bodies or office-holders, or the judiciary, to make regulations or other forms of instruments which, provided that they are properly made, have the effect of law. This form of law is referred to as “delegated legislation”, “subordinate legislation” or “legislative instruments”. The last is the statutorily-established term. This is law made by the executive government, by ministers and other executive office-holders, without parliamentary enactment. This situation has the appearance of a considerable violation of the principle of the separation of powers, the principle that laws should be made by the elected representatives of the people in Parliament and not by the executive government. The principle has been largely preserved, however, by a system for the parliamentary control of executive law-making. This system, which has been built up over many years, principally by the efforts of the Senate, is founded on the ability of either House of the Parliament to disallow, that is, to veto, such laws made by executive office-holders.
Executive law-making
Types and volume of delegated legislation
Parliamentary control: historical background
Making of delegated legislation
Tabling
Remaking instruments subject to tabling and disallowance
Disallowance
Disallowance motion without notice
Precedence of disallowance motion
Tabling as a condition of disallowance
Amendment of disallowance motion
Consideration in committee of the whole
Withdrawal of notice of motion
Effect of end of a Parliament or session
Ministerial undertakings
Remaking of instruments following disallowance
Disallowance of a repealing instrument
“Sunsetting” of instruments
Consultation
National uniform legislation and state referrals of power
Regulations and Ordinances Committee
Scrutiny of Delegated Legislation