‘Delegated legislation’ is legislation made by a body or person to whom the Parliament has delegated its power to legislate. This is an important point of distinction with ‘primary’ legislation, which is passed by both Houses of the Commonwealth Parliament and assented to by the Governor-General. Delegated legislation (for example, regulations) is often made by the Governor-General, acting on the advice of the Federal Executive Council.

Delegated legislation tends to provide detail to a legislative scheme, setting out matters that are regarded as not necessary for Parliament itself to approve by passage of primary legislation. For a more precise exposition of what delegated legislation covers, however, it is more a case of referring to what should not be provided for by delegated legislation. The Department of the Prime Minister and Cabinet's Legislation Handbook provides that the following matters should only be implemented through primary legislation:

1. a appropriations of money;

2. b significant questions of policy including significant new policy or fundamental changes to existing policy;

3. c rules which have a significant impact on individual rights and liberties;

4. d provisions imposing obligations on citizens or organisations to undertake certain activities (for example, to provide information or submit documentation, noting that the detail of the information or documents required should be included in subordinate legislation) or desist from activities (for example, to prohibit an activity and impose penalties or sanctions for engaging in an activity);

5. e provisions conferring enforceable rights on citizens or organisations;

6. f […]