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Ch10 Legislation / DELEGATED LEGISLATION / Regulations and Ordinances Committee



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House of Representatives                                Ch 10                                                 p 404

 

Legislation / DELEGATED LEGISLATION

 

Regulations and Ordinances Committee

The Senate, in 1932, established by standing order a Standing Committee on Regulations and Ordinances to be appointed at the commencement of each Parliament, to which all regulations, ordinances and other instruments made under the authority of Acts of the Parliament, which are subject to disallowance or disapproval by the Senate, and which are of a legislative character, stand referred for consideration and, if necessary, report. The committee scrutinises delegated legislation to ensure:

  • that it is in accordance with the statute;
  • that it does not trespass unduly on personal rights and liberties;
  • that it does not unduly make the rights and liberties of citizens dependent upon administrative decisions which are not subject to review of their merits by a judicial or other independent tribunal; and
  • that it does not contain matter more appropriate for parliamentary enactment. 1
  • The committee traditionally operates on a non-partisan basis and refrains from considering the policy of delegated legislation. The committee’s reports usually consist of accounts of amendments made to legislation to accommodate the committee’s objections. Notices of disallowance are given on occasion, but these are often withdrawn after undertakings are received from Ministers, for example, to have provisions changed. 2



    Senate S.O. 23.



    For the history and operations of the committee see Odgers , 11th edn, pp. 340-42.