6,7 summary

Question 1

delegated/subordinate legislative

Answer 1

• a range of legislative power is delegated by the parliament to the Executive
• Parliament passes an “Enabling Act” which gives the subordinate authority the power to make more detailed rules, regulations and by-laws within the powers of the Act. Examples of organisations given such authority include:
  
  • Local Councils, Shires, Municipalities.
  • Statutory Authorities such as Transperth, Western Power, Alinta Gas and Water Corporation.
  • Executive Council (the GG/Governor and some government ministers)
• Any attempts of these bodies to pass rules and regulations which are outside the powers given to them by the Act would be ruled as being ultra vires (beyond power) and, therefore, not legal.

Question 2

by-laws

Answer 2

Laws made by councils, shires and municipalities are called by-laws. The authority to make these by-laws is given to various bodies by the Local Government Act. New by-laws are to be published in the Government Gazette. This is the official notice to the public of the new by-law. All by-laws must be approved by the Governor (in the Executive Council) after being recommended by the Minister for Local government.

Question 3

regulations

Answer 3

Statutory Authorities create regulations and rules. Regulations are general laws made by the minister in charge of the authority (through the departmental head).

Question 4

rules

Answer 4

Statutory Authorities create regulations and rules. A rule deals with the administrative procedures of the authority.