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, until recently, was increasing.[3] The table below sets down details of the numbers in recent years:
Year
| Disallowable Instruments
| | Year
| Disallowable Instruments
|
1985 - 1986
| 855
| | 1998 - 1999
| 1672
|
1986 - 1987
| 832
| | 1999 - 2000
| 1655
|
1987 - 1988
| 1035
| | 2000 - 2001
| 1859
|
1988 - 1989
| 1352
| | 2001 - 2002
| 1546
|
1989 - 1990
| 1258
| | 2002 - 2003
| 1661
|
1990 - 1991
| 1645
| | 2003 - 2004
| 1561
|
1991 - 1992
| 1562
| | 2004 - 2005
| 2432
|
1992 - 1993
| 1652
| | 2005 - 2006
| 2449
|
1993 - 1994
| 1803
| | 2006 - 2007
| 2349
|
1994 - 1995
| 2087
| | 2007 - 2008
| 2982
|
1995 - 1996
| 1900
| | 2008 - 2009
| 3004
|
1996 - 1997
| 1791
| | 2009 - 2010
| 2468
|
1997 - 1998
| 1888
| | 2010 - 2011
| 1809
|
Generally speaking, about half of the law of the Commonwealth by volume consists of delegated legislation rather than acts of Parliament.