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Chapter 15 - Delegated
legislation and disallowance
Making of delegated legislation
The procedures for making delegated legislation are markedly different
from those used in enactment of a statute. There are no stages for legislative
passage or opportunity for amendment, and there are no procedural restraints
upon rushed legislation.
The
LIA:
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defines a legislative
instrument as an instrument that is of legislative character, and that is made
in the exercise of a power delegated by the Parliament (s. 5)
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establishes the Federal Register of Legislative
Instruments, an authoritative source for all delegated legislation accessible
in, and maintained in, electronic form (ss 20-22)
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requires that (unless
specifically exempted) all legislative instruments be registered (s. 24),
and provides that no legislative instrument will be enforceable unless it is
registered (s. 31)
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requires the
provision of an explanatory statement to accompany each instrument (s. 26)
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encourages
rule-makers to undertake appropriate consultation, and to report on that
consultation in the explanatory statement (ss 17-19).
There is a
prohibition on retrospectivity of delegated legislation where the rights of a
person are affected to the disadvantage of that person, or where liabilities
are imposed on a person. These limits do not, however, apply to the rights of
the Commonwealth or a Commonwealth authority (LIA, s. 12(2)).
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