What is the difference between a law and a regulation?

The difference between a law and a regulation in Australia is the source of the rule and the process by which it is made. A law (also called primary legislation or an Act of Parliament) is made by Parliament directly. A regulation (also called delegated legislation, subordinate legislation, or a legislative instrument) is made under the authority of a law by the executive government, usually by the Governor-General on the advice of the Federal Executive Council, or by a Minister.

Laws are made by Parliament through the formal bill process: first reading, second reading, consideration in detail or committee of the whole, third reading, transmission to the other House, agreement (with any amendments), and royal assent by the Governor-General. Laws establish the basic legal framework: rights, duties, criminal offences, government powers, and the structures for delivering programmes. Most laws set out general principles and delegate the detail to regulations.

Regulations are made under the authority of laws. The enabling Act gives the Governor-General (on Cabinet advice) or a Minister the power to make regulations on specified matters. Regulations cover practical detail: forms to be used, amounts of fees, technical standards, classifications, specific procedures, and definitions. Regulations are made through the executive process rather than parliamentary process, but must be tabled in Parliament under the Legislation Act 2003 (Cth) within six sitting days and can be disallowed by either House of Parliament within 15 sitting days of being tabled. The Senate Standing Committee for the Scrutiny of Delegated Legislation reviews regulations for technical and democratic issues.

Each form of law has advantages and limits. Laws have the highest democratic legitimacy because they go through full parliamentary scrutiny, but the process is slow and inflexible. Regulations are faster to make and easier to amend, allowing government to respond quickly to changing circumstances, but raise concerns about democratic accountability when significant detail is moved out of Parliament. The High Court has occasionally struck down regulations that go beyond what the enabling Act authorises (the ultra vires principle) or that subdelegate decision-making to inappropriate bodies. Some other related instruments include rules, orders, by-laws, proclamations, and standards, with their treatment varying under specific legislation.