Delegated legislation is invalid if it is inconsistent with the statute under which it is made12. As the court explained (at [118-123]), inconsistency may involve direct collision between the two, or may arise where the statute is ‘plainly intended’ to ‘cover the field’13 – that is, where the statute is objectively intended as a complete statement of the law.
Applying this, the court held (at ) that s 60 of the Safety Act14 involved an ‘exhaustive statement’ of situations where a youth court may make an order for costs against the Crown. Various factors showed that the provision conferred only a limited discretion that could not be extended by delegated legislation.
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13 Cullis (1914) 18 CLR 540 (at 543), Pearce & Argument (at [19.23]).
14 s 60 of the Children and Young People (Safety) Act 2017 (SA).