Finding Subordinate Legislation
Delegated or subordinate legislation refers to laws made by persons
or authorities to whom Parliament has delegated law-making authority.
Included in this category are:
Rules: these are generally made by courts and refer to
the procedure for bringing claims to court. Parliament also uses
the term to refer to standing rules and orders of the Houses of
Parliament.
Regulations: the most favoured term for subordinate legislation.
By-Laws: This term is used for subordinate legislation
that operates within a limited area eg. a local government area,
or applies to a limited group of people eg. members of a university.
Ordinances: The preferred term for subordinate legislation
for the Territories (other than self-governing Territories).
Parliament delegates the authority through a statute. The Act authorising
the delegated legislation is known as the Enabling Act. The
Act sets out the broad principles while the delegated legislation
provides the level of detail necessary for the Act to operate successfully.
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