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Odgers' Australian Senate Practice Thirteenth Edition

Chapter 15 - Delegated legislation and disallowance

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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.


3. Recent declines can be attributed in large part to a change in the treatment of certain airworthiness instruments previously made under the Civil Aviation Act 1988 in large numbers and no longer disallowable if made in respect of an individual person, aircraft or aeronautical product.