Delegated law

What is delegated law?

Delegated law is a rule or regulation made by a minister, other office holder or government department using power given to them in an existing law. Delegated law has the same power as a law made by the Australian Parliament.

Delegated law is often called subordinate law or secondary legislation because it is made under the authority of a law made by the Australian Parliament. It can be made and changed without having to be debated and passed by the Parliament.

Purpose of delegated law

Laws made by the Australian Parliament are often about big, complex issues that affect many Australians. These laws provide a general framework and don’t include details about when, where and how the laws might be applied.

The Parliament gives the power to make decisions about the details of these complex laws to the person or group with expert knowledge of the area. For example, the Minister for the Environment might make regulations about accessing camping in national parks, and the Department of Home Affairs makes the rules for travel visas to Australia.

Delegated law can be made more quickly than passing a bill – proposed law – through Parliament. This means new rules can be made when they are needed, for example during an emergency.

How delegated law is made and disallowed in the Australian Parliament.

Parliamentary Education Office (peo.gov.au)

How delegated law is made and disallowed in the Australian Parliament.

Parliamentary Education Office (peo.gov.au)

Description

This diagram illustrates how delegated law is made and disallowed. After delegated law is made and registered it must be presented to the Australian Parliament within 6 sitting days. (If it is not presented, it ceases to have effect.) Members of parliament have 15 sitting days to propose to overrule the delegated law. The Senate and House of Representatives they have 15 more sitting days to make a decision. If no decision is made, the delegated law is overruled.

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Parliament can overrule delegated law

Each delegated law must be listed on a public register and presented to the Parliament within 6 sitting days of being made. After it has been published on the public register, it can be disallowed – overruled – by Parliament. To do this:

• Within 15 sitting days, a member of parliament must request the Senate or House of Representatives overrule the delegated law.
• The Senate or House of Representatives have 15 sitting days to discuss the delegated law and make a decision.
• If there is no discussion or no decision is made, the delegated law is overruled.

Checking delegated law

Just like bills, delegated law is scrutinised – closely examined – by the Parliament. The Senate Standing Committee for the Scrutiny of Delegated Legislation makes sure delegated law:

• is in agreement with the existing law
• respects citizens’ rights
• can be reviewed by a court
• does not contain content more appropriate for a new law.

The Committee can recommend the Senate overrule a delegated law.