Delegated Legislation can apply to many areas of the law:
Here are some examples:
The Copyright Act 1968 (Cth) Part XII Regulations – authorises the Copyright (International Protection) Regulations 1969 (Cth) and the Copyright Regulations 1969 (Cth).
The Supreme Court Act 1935 (WA) Part X Rules of Court - includes authorisation of the Rules of the Supreme Court 1971 (WA).
The Fisheries Department is responsible for writing fisheries Regulations that contain details of any Notices, Orders and Penalties in relation to the types of fish that can be caught, the licence requirements, opening seasons for different types of fishing licences and so on.
Delegated Legislation is a term which covers the vast amount of Legislation made by Government Agencies and the Governor-General under authority of Acts of Parliaments, which delegate this power to agencies. This type of Legislation is also known as Subordinate Legislation or, since 2005, Legislative Instruments. Within the broad area of Delegated Legislation the following more specific terms are sometimes used:
Regulation
The most common form of delegated legislation. Used for legislation of general application emanating from a government department. Published in the Statutory Rules series until 2004 and in the Select Legislative Instrument series from 2005
Rule
Legislation specifying procedural formalities, eg court procedures such as the High Court Rules. Published in the Statutory Rules series until 2004
Ordinance
Primary legislation of non self governing territories, made by a federal government department to apply to a particular territory. Also used for the legislation of some State local government bodies.
By-law
Made by a statutory corporation having effect only within the area of responsibility of the authority. Also used for the legislation of some State local government bodies
There is also a range of other delegated legislation which includes: Decisions, Declarations, Determinations, Directions, Orders, etc.
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