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Delegated Legislation in Australia, 5th edition provides updated and detailed coverage of all aspects of subordinate legislation, and is an essential reference for legislators, public officials at all levels of government, judicial officers and lawyers. It is the latest addition to the LexisNexis Black and Silver series. Legislation made by various government and other bodies under the authority of an Act of Parliament far exceeds in volume the legislation made by Parliament in the form of statutes. Delegated Legislation in Australia includes a comprehensive overview of why and how delegated legislation is used to impose obligations on both citizens and business, and in what forms such legislation takes. Commentary is provided for each Australian jurisdiction as to the means used by Parliament to review the content of the legislation, and assess and compare the performance of each parliament. Updated material in this edition includes discussion of parliamentary committees, including the effect of the abolition of the Scrutiny of Legislation Committee in Queensland, and the effect of the operation of the new Parliamentary Joint Committee on Human Rights. There is also updated discussion in relation to judicial review, including analysis of a number of new court decisions and the element of proportionality as a ground of review.
Judicial Review The Laws of Australia acquaints practitioners and students with the principles of Judicial Review in Australia. It is an encyclopaedic and practical work whichcovers judicial review of administrative decisions at the state, territory and federal levels.
Introduces students to key principles, concepts, institutions in Australian Public Law, provides solid foundation for study of constitutional & administrative law. Explained through analysis of mechanisms of power & control, including discussions of functioning of institutions of government & contemporary issues. Authors at Uni of Adelaide.
Resolving Conflicts of Laws was cited 6 times by the High Court in Momcilovic v The Queen (2011) 2451 CLR 1; [2011] HCA 34. It has also been cited in the Same-Sex Marriage Case (Commonwealth of Australia v Australian Capital Territory) (2013) 250 CLR 441; [2013] HCA 55 at [61], in Plaintiff M47-2012 v Director General of Security (2012) 251 CLR 1; [2012] HCA 46 at [54] and [136], in Sportsbet Pty Ltd v New South Wales (2012) 249 CLR 298; [2012] HCA 13 at [10], in CFMEU v Director of the Fair Work Building Industry Inspectorate (No 2) (2013) 209 FCR 464; [2013] FCAFC 25 at [61]; in Wreck Bay Aboriginal Community Council v Williams [2017] ACTCA 46 at [45] and [47] and in a large number of other appellate and first instance decisions. An important feature in all legal systems, but especially in federations whose polities have overlapping legislative powers, is that those laws regularly conflict - or at least are claimed to conflict. Any coherent legal system must have principles for resolving such conflicts. Those principles are of immense practical as well as theoretical importance. This book, which straddles constitutional law and statutory interpretation, describes and analyses those principles.This book does not merely address the conflicts between Commonwealth and State laws resolved by the Constitution (although it does that and in detail). It analyses the resolution of all of the conflicts of laws that occur in the Australian legal system: conflicts between laws enacted by the same Parliament and indeed within the same statute, conflicts between Commonwealth, State, Territory, Imperial laws and delegated legislation.After identifying the laws in force in Australia, the chapters deal with:conflicts in laws made by the same legislature, focussing on the interpretative process of statutory construction;repugnancy, a doctrine with continuing vitality in the areas of s79 of the Judiciary Act, delegated legislation and Territory laws;conflicts between laws of the Commonwealth and State laws, proposing that the categories of inconsistency (commonly three: direct, indirect and "covering the field") are best seen aspects of a single constitutional concept;conflicts between the laws of two States, andconflicts involving the laws of the self-governing Territories
A New Tax System (Goods and Services Tax) Act 1999 Act No. 55 of 1999 as amended This compilation was prepared on 4 July 2011 taking into account amendments up to Act No. 61 of 2011 As of 15/11/2011 Australia
The growth of administrative law in Australia has continued in an unabated form since the introduction of innovative reforms in the mid-seventies. The centre plank of these reforms was the establishment of the Administrative Appeals Tribunal with follow-on reforms relating to the Ombudsman, judicial review and freedom of information legislation. The impact of these reforms has been vast and significant. This 2007 book seeks to take stock of the growth and development of administrative law principles. Particular attention is paid to the important cases and key doctrines which provide the theoretical underpinnings of these principles. In this book a team of highly respected administrative law scholars and jurists aim to provide a lucid exposition of the relevant case law, principles and doctrines. The book should illuminate the fundamental features of Australian administrative law and should prove useful to students and practitioners interested in this field.