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Chapter 15 - Delegated
legislation and disallowance
Types
and volume of delegated legislation
The types of legislative instruments
are extremely diverse. In 1970 there were only three different kinds; by the
1990s this had increased to over 100. They include:
-
regulations
- determinations
- ordinances
of territories
- plans
of management, for example, for fisheries
- declarations,
approvals, principles and notices
-
by-laws
of statutory authorities
- navigation
and aviation orders
-
notices,
such as broadcasting service notices
- standards,
such as accounting standards
- declarations,
such as health legislation declarations
- directives,
such as airworthiness directives
- guidelines,
such as aged care and child care guidelines.
The volume of
instruments is considerable and increasing in the long term. The table below
sets down details of the numbers in recent years:
Year Disallowable Instruments
1985-1986 855
1986-1987 832
1987-1988 1035
1988-1989 1352
1989-1990 1258
1990-1991 1645
1991-1992 1562
1992-1993 1652
1993-1994 1803
1994-1995 2087
1995-1996 1900
1996-1997 1791
1997-1998 1888
1998-1999 1672
1999-2000 1655
2000-2001 1859
2001-2002 1546
2002-2003 1661
2003-2004 1561
2004-2005 2432
2005-2006 2449
2006-2007 2349
2007-2008 2982
(See Supplement)
Generally speaking,
about half of the law of the Commonwealth by volume consists of delegated
legislation rather than acts of Parliament.
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