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Ch10 Legislation / DELEGATED LEGISLATION / Parliamentary scrutiny and control



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House of Representatives                                Ch 10                                                 p 400

 

Legislation / DELEGATED LEGISLATION

 

Parliamentary scrutiny and control

Delegated legislation is required to be laid before each House, th ereby becoming subject to parliamentary scrutiny and the Parliament’s ultimate power of veto.

Consultation of the relevant enabling Act in conjunction with the Legislative Instruments Act is necessary to ascertain the conditions operating in relation to any particular form of delegated legislation or type of instrument. The provisions of an existing enabling Act in respect of delegated legislation may be different from the provisions of the Legislative Instruments Act—for example, by replacing the tabling or disallowance periods with a different period. 1 However, it should be noted that in such cases the Legislative Instruments Act may now override the provisions of the enabling Act. 2



Telecommunications Act 1991 , ss. 408-9—changed to 5 days for regulations and instruments made during a restricted time, see S. Deb. (14.11.91) 3253-4. The Australian Capital Territory (Planning and Land Management) Act 1988 provided for 6 days; also no provision for deemed disallowance if motion not disposed of. Financial Management and Accountability Act 1997 , s. 22—to be effective a disallowance resolution must be passed within 5 sitting days of a determination being tabled.



Legislative Instruments Act 2003 , s. 57.