Delegated Legislation Flashcards
(40 cards)
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
