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Delegated Legislation in Australia 6th Edition

Delegated Legislation in Australia 6th Edition

作者： Dennis Pearce; Stephen Argument
出版商： LexisNexis Australia
ISBN: 9780409353716
出版时间 January 2023
规格： Hardback
适应领域： Australia ? 免责申明：
Countri(es) stated herein are used as reference only

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描述
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详细
Legislation made by various government and other bodies under the authority of an Act of Parliament far exceeds in volume the legislation made by Parliament in the form of statutes. Delegated Legislation in Australia includes a comprehensive overview of why and how delegated legislation is used to impose obligations on both citizens and business, and in what forms such legislation takes. Commentary is provided for each Australian jurisdiction as to the means used by Parliament to review the content of the legislation, and assess and compare the performance of each parliament.
Features
Chapter 1 Overview

Chapter 2 Making, Publication And Commencement

Chapter 3 Parliamentary Review

Chapter 4 Scrutiny Principles: ‘In Accordance With The Statute’

Chapter 5 Scrutiny Principles: ‘Trespass Unduly On Personal Rights And Liberties’

Chapter 6 Scrutiny Principles: ‘Does Not Unduly Make The Rights And Liberties Of Citizens Dependent Upon Administrative Decisions Which Are Not Subject To Review On Their Merits’

Chapter 7 Scrutiny Principles: ‘Does Not Contain Matter More Appropriate For Parliamentary Enactment’

Chapter 8 Other Scrutiny Principles

Chapter 9 Bills Scrutiny

Chapter 10 Human Rights Scrutiny

Chapter 11 Making, Publication, Commencement And Parliamentary Review: Concluding Comments

Chapter 12 Judicial Review Of Delegated Legislation: General

Chapter 13 Effect Of Non-Compliance With Formal Requirements

Chapter 14 Empowering Provisions: General

Chapter 15 Empowering Provisions: ‘Regulate’
‘Prohibit’

Chapter 16 Empowering Provisions: Penalties And Forfeitures

Chapter 17 Empowering Provisions: Licences And Fees

Chapter 18 Inclusion Of Discretions In Delegated Legislation

Chapter 19 Inconsistency

Chapter 20 Improper Purpose

Chapter 21 Unreasonableness: Proportionality

Chapter 22 Uncertainty

Chapter 23 Subdelegation Of Delegated Legislative Power

Chapter 24 Incorporation Of Material By Reference

Chapter 25 Effect Of Repeal — Empowering Provision
Regulations

Chapter 26 Procedure For Judicial Review Of Delegated Legislation

Chapter 27 Proof Of Delegated Legislation

Chapter 28 Ousting Of Judicial Review

Chapter 29 Severance

Chapter 30 Interpretation Of Delegated Legislation

Chapter 31 Retrospective Operation Of Delegated Legislation

Chapter 32 Judicial Review — Conclusion

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