What is a Regulation?

A regulation is a type of delegated legislation (also known as secondary legislation or subordinate legislation).

Delegated legislation is law made by a body other than the legislature but with the legislature’s authority, for the purpose of implementing and administering the requirements of primary legislation (also known as Acts or statutes). Delegated legislation can take the form of a Regulation, Rule, Orders, By-Law, Proclamation or anything else made under an Act.

Reported and Unreported Delegated Legislation

Delegated legislation can take the form of reported legislation or unreported legislation.

Regulations (usually numbered Regulations) are the most common type of reported delegated legislation but depending on the publisher other types of delegated legislation (such as Rules or By-Laws) may be reported too.

Sometimes, depending on jurisdiction, reported delegated legislation is notified and/or published in full in the Government Gazette (Government Notices or Special Gazette).

Reported delegated legislation may also be published on government department websites eg. FRLI on the ComLaw Website for Commonwealth. The Legislative Instruments Act 2003 (Cth) (or similar State Legislation) provides for uniformity in the making, notification, publishing and disallowance process for delegated legislation.

Unreported delegated legislation (e.g some ministerial directions) may not appear in official government publications.

All legislative instruments, including Regulations, must be tabled in Parliament and may be subject to disallowance. Each jurisdiction has their own procedure for disallowance of delegated legislation but is usually involves being tabled before Parliament for a certain number of sitting days.

Check TimeBase Coverage and Currency for other types of delegated legislation reported by TimeBase.

 

 

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