Delegated Legislation Flashcards
What branch of the separation of powers are delegated bodies part of?
The executive
What is an example of delegated legislation?
Council regulations including the Dog and Cat Management Act
How does parliament delegate powers to the delegated body?
Enabling Acts
What are some types of delegated legislation?
Regulations, Statutory rules, By-laws, Notices, Ordinances
What are some consequences for breaking delegated legislation?
The consequences are less severe than breaking Acts of Parliament as they are fines as opposed to jail terms.
What are some delegated authorities?
Government departments, statutory authorities and professional and sporting bodies, local councils
What do government departments do?
Public servants administer the regulations.
What is an example of delegated legislation which government departments have passed?
South Australia’s Education and Children Services Act (2019)
What do statutory authorities do?
They are independent government agencies who provide delegated legislation.
What is an example of delegated legislation created by statutory authorities?
The Environmental Protection Authority
What do professional and sporting bodies do in relation to delegated legislation?
Bodies such as SACA and the SANFL give permission to develop regulations for their venues
What do local councils in SA do in relation to delegated legislation
They were given the power to make by-laws in areas such as traffic, building standards, rubbish collection and dog and cat regulations.
What is the name of the Enabling Act which delegates SA local councils to make by-laws?
Local Government Act (1999)
What are some limitations that local councils face in regard to delegated legislation?
Their power is limited to council areas and it is subject to ministerial approval and parliamentary review.
What is an enabling act?
an enabling act gives law making power to a delegated authority, providing them authority to create delegated legislation.
Is an enabling act necessary for each piece of legislation?
No, an enabling act is not necessary for each piece of legislation.
How are delegated authorities controlled within Enabling Acts?
These acts restrict the actions that can be taken or the regulations that can be made by the authority. This means that the delegated authority is constrained by the limits of the enabling act.
What are some examples of enabling acts?
The Local Government Act (1999), The Dog and Cat Management Act (1995), The Education Act (1972), The Fisheries Management Act (2007)
Within South Australia, what does an enabling act usually contain?
The delegated authority is listed in the act, and sub-sections may indicate the limits of the delegated authorities power.
Are regulations proclaimed in SA?
By convention, regulations are proclaimed at Executive Council by the Governor - based on the advice of their Ministers.
Are regulations proclaimed at a federal level?
At federal level, regulations are proclaimed by the Governor-General and by the Administrator in the Northern Territory.
What is involved in the parliamentary stage of making regulations?
Parliament passes an enabling act and guiding legislation.
What is involved in the executive stages of making regulations?
Community Consultation, drafting the regulation, executive approval, proclamation and gazettal, tabling regulation in parliament
What does community consultation involve?
the delegated authority consults with the ‘community’ the regulation will affect
what does drafting the regulation involve?
The Office of Parliamentary Counsel drafts the regulation in consultation with the delegated body
What does executive approval involve?
The minister and/or cabinet will approve draft regulation
What does proclamation and gazettal involve?
The regulation is proclaimed by the queen’s representative at executive council. the regulation’s proclamation is then published in government gazette
What does tabling regulation in parliament involve?
The regulation is tabled in parliament within 14 days.
What is an example of delegated legislation?
The trade sanctions against Russia imposed by the Department of Foreign Affairs in response to Russia’s invasion of Ukraine.
How are trade sanctions implemented?
An enabling act gives the minister and department of foreign affairs power to enact regulations that contain sanctions.
What must the Minister for Foreign Affairs be satisfied with in order to use his delegated powers?
The measure facilitates the conduct of Australia’s relations with other countries, entities or persons outside Australia.
What are two of the reasons for providing the Department or Minister for Foreign Affairs with the ability to impose sanctions?
Expertise and quick response to the emergency situation
What type of Act is the Autonomous Sanctions Act 2010?
Enabling Act
What type of body is the Department of Foreign Affairs?
Delegated Authority
What is another word for “regulations”?
Delegated legislation
What are some weaknesses of delegated legislation?
Does not go through rigorous debate or drafting, made by unelected officials
Why must delegated legislation be supervised?
To ensure that the delegated authority is using its powers within the Enabling Act and that regulations are appropriate.
How does the legislature supervise delegated legislation?
Parliament can withdraw power under an enabling act. Parliamentary committees review regulations and suggest amendments if required.
How does the Executive supervise delegated legislation?
The cabinet must approve regulations.
Committees and tribunals review regulations, listen to appeals and can alter regulations.
Ombudsman may identify weaknesses in regulations when investigating complaints against government departments.
How does the judiciary supervise delegated legislation?
Through judicial review a judge may declare a regulation outside of powers. Additionally, judges interpret regulations when resolving disputes.
