16.40   This chapter has highlighted some important concerns about laws in delegated legislation that might more properly belong in primary legislation. However, this was not a subject that attracted much comment in submissions to this ALRC Inquiry.

16.41   There are many processes in place to remind law makers about when laws should be in primary rather than delegated legislation. There is guidance in the Legislation Handbook and scrutiny by parliamentary committees. There are also procedures that enable either House of Parliament to ‘disallow’ (repeal) delegated legislation soon after it has passed.

16.42   These mechanisms may be used to consider whether particular laws should be provided for in primary or delegated legislation. Given the quantity of delegated law in Australia, careful and ongoing scrutiny—built into the process of making delegated legislation—may be the most suitable way to limit inappropriate delegations of legislative power. However, the ALRC invites comment on any particular laws in delegated legislation that would more appropriately belong in primary legislation.