Chapter 15 - Delegated
legislation and disallowance
National uniform
legislation
National schemes
of legislation, also known as uniform legislation, have always presented
difficulties for Senate scrutiny of legislation because they are framed by
agreement between the Commonwealth and state and territory executive
governments and then presented to the respective parliaments as unchangeable
because the parliaments cannot change the intergovernmental agreements. The two
legislative scrutiny committees, the Regulations and Ordinances Committee and
the Scrutiny of Bills Committee, combined to
present on 16 October 1996 a position paper on this subject. The position
paper suggested two possible solutions: a national committee for the scrutiny
of such legislation and the adoption of parliamentary procedures so that
legislation commented on by a scrutiny committee would not proceed until the government
reported on the matters raised. No action has yet been taken on these
suggestions. (See also statement by the committee, SD, 12/3/1998, p. 892-4.)
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