Statutory authority
Encyclopedia
A statutory authority is a body set up by law
which is authorised to enforce legislation on behalf of the relevant country or state. They are typically found in countries which are governed by a British style of parliamentary democracy. They are common in the UK, Australia
, New Zealand
etc but are also found elsewhere . In Britain, many such bodies are termed QUANGO
s because of their some-autonomous nature
Laws made by statutory authorities are usually referred to as regulations. They are not cited in the same fashion as an act of parliament, but usually with specific initials (depending on the authority) and a number.
Just as Laws enacted by Parliament, all laws made by a statutory authority must be published in the Government Gazette.
, or a constituent State Parliament
, will delegate its Authority to a statutory authority for several reasons;
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
which is authorised to enforce legislation on behalf of the relevant country or state. They are typically found in countries which are governed by a British style of parliamentary democracy. They are common in the UK, Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
etc but are also found elsewhere . In Britain, many such bodies are termed QUANGO
Quango
Quango or qango is an acronym used notably in the United Kingdom, Ireland and elsewhere to label an organisation to which government has devolved power...
s because of their some-autonomous nature
Characteristics
A goals and objectives of a statutory authority are typically set out in the originating act or in subsequent governmental guidance or instruction. Its senior management are chosen by the relevant government (State or Federal) and will work closely with its associated ministry or ministries.In Australia
Federal statutory authorities are typically established under the Commonwealth Authorities and Companies Act 1997. Statutory authorities at the State or Territory level are established under corresponding State or Territory laws. Each statutory authority tends to have its own enabling legislation, or originating act, even if it was established before the relevant over-riding legislation, For example, the Commonwealth Scientific and Industrial Research Organisation (CSIRO) was established in 1949 by the Science and Industry Research Act, but it has since come under the jurisdiction of the Commonwealth Authorities and Companies Act 1997 as legislation covering statutory authorities has evolved.Laws made by statutory authorities are usually referred to as regulations. They are not cited in the same fashion as an act of parliament, but usually with specific initials (depending on the authority) and a number.
Just as Laws enacted by Parliament, all laws made by a statutory authority must be published in the Government Gazette.
Rationale
The Parliament of AustraliaParliament of Australia
The Parliament of Australia, also known as the Commonwealth Parliament or Federal Parliament, is the legislative branch of the government of Australia. It is bicameral, largely modelled in the Westminster tradition, but with some influences from the United States Congress...
, or a constituent State Parliament
Parliaments of the Australian states and territories
The Parliaments of the Australian states and territories are legislative bodies within the federal framework of the Commonwealth of Australia. Before the formation of the Commonwealth in 1901, the six Australian colonies were self-governing, with parliaments which had come into existence at various...
, will delegate its Authority to a statutory authority for several reasons;
- Efficiency - State and Federal Parliaments do not have the time nor resources to investigate, analyse, draft, enact and monitor laws for every area of our increasingly complex society. By delegation of legislative power to a statutory authority, a specialist body may subrogate parliament and use its authority in a more efficient manner
- Bipartisanship - Statutory authorities are usually responsible for areas of legislation where there is a common goal or direction desirable within the community. Delegation of authority away from parliament prevents these areas of law from becoming partisan issues.
- Transparency - The disclosure requirements placed upon statutory authorities are generally stricter than that of State and Federal Parliaments; statutory authorities cannot rely upon the same government secrets provisions as can State and Federal governments.
- Accountability - The jurisdiction of a statutory authority is expressly set out in its corresponding act (i.e. the Act of Parliament which created the statutory authority). This, therefore, makes switching, sharing or evasion of responsibility in the instance of a scandal more difficult for officers of the statutory authority.
Statutory Authorities in Australia
The power to enact legislation has been delegated by Australian Parliaments (State and/or Federal) in the following areas;- Consumer affairs - Where authority is delegated to the Australian Competition and Consumer CommissionAustralian Competition and Consumer CommissionThe Australian Competition and Consumer Commission is an independent authority of the Australia government. It was established in 1995 with the amalgamation of the Australian Trade Practices Commission and the Prices Surveillance Authority to administer the Trade Practices Act 1974...
- Road and traffic safety - Where authority is delegated to various bodies by state, for example, VicRoadsVicRoadsVicRoads or the Roads Corporation of Victoria is a statutory corporation which is the state road and traffic authority in the state of Victoria, Australia. It is responsible for maintenance and construction of the state arterial road network, as well as driver licensing and vehicle registration. ...
in Victoria - Collection of taxes - Where authority is delegated to the Australian Taxation OfficeAustralian Taxation OfficeThe Australian Taxation Office is an Australian Government statutory agency and the principal revenue collection body for the Australian Government. The ATO has responsibility for administering the Australian federal taxation system and superannuation legislation...
- Corporate law - Where authority is delegated to the Australian Securities and Investments CommissionAustralian Securities and Investments CommissionThe Australian Securities & Investments Commission is an independent Australian government body that acts as Australia's corporate regulator...
- Prudential regulation - Where authority is delegated to the Australian Prudential Regulation AuthorityAustralian Prudential Regulation AuthorityThe Australian Prudential Regulation Authority is a statutory authority and the prudential regulator of the Australian financial services industry.-Regulatory scope:...
- Monetary Policy - Where authority is delegated to the Reserve Bank of AustraliaReserve Bank of AustraliaThe Reserve Bank of Australia came into being on 14 January 1960 as Australia's central bank and banknote issuing authority, when the Reserve Bank Act 1959 removed the central banking functions from the Commonwealth Bank to it....
established by an Act of Parliament, the Reserve Bank Act 1959, which gives it specific powers and obligations. - Workplace Health and Safety - Where authority is delegated to various bodies by state, for example, WorkSafeWorkSafe VictoriaWorkSafe Victoria is the trading name of the Victorian Workcover Authority, a statutory authority of the state government of Victoria, Australia....
in Victoria and subsidiaries such as the Accident Compensation Conciliation Service - Communications and Media - For example, ACMAAustralian Communications and Media AuthorityThe Australian Communications and Media Authority is an Australian government statutory authority within the Department of Broadband, Communications and the Digital Economy portfolio...
is responsible for the regulation of broadcasting, the internet, radiocommunications and telecommunications.
See also
- Regulatory agency
- Government-owned corporationGovernment-owned corporationA government-owned corporation, state-owned company, state-owned entity, state enterprise, publicly owned corporation, government business enterprise, or parastatal is a legal entity created by a government to undertake commercial activities on behalf of an owner government...
- Public administrationPublic administrationPublic Administration houses the implementation of government policy and an academic discipline that studies this implementation and that prepares civil servants for this work. As a "field of inquiry with a diverse scope" its "fundamental goal.....
- DeregulationDeregulationDeregulation is the removal or simplification of government rules and regulations that constrain the operation of market forces.Deregulation is the removal or simplification of government rules and regulations that constrain the operation of market forces.Deregulation is the removal or...
- Statutory corporationStatutory CorporationA statutory corporation or public body is a corporation created by statute. While artificial legal personality is almost always the result of statutory intervention, a statutory corporation does not include corporations owned by shareholders whose legal personality derives from being registered...
External links
- http://www.accc.gov.au
- VicRoads
- http://www.ato.gov.au
- http://www.asic.gov.au
- http://www.apra.gov.au
- http://www.rba.gov.au