Ch. 4 - Initiation Of Legislation Flashcards

0
Q

Government Bills

A

Bill that has been approved by cabinet.

Includes Financial bills.

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1
Q

Bill

A

Proposed law.

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2
Q

Private Members Bills

A

Any member of parliament can introduce a bill without Cabinets support.
Usually unsuccessful.

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3
Q

Private Bills

A

Affects small proportion of the community.

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4
Q

Drafting legislation

A

Process of framing the words of a proposed law in the form of a bill.

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5
Q

Parliamentary Council

A

Responsible for drafting legislation

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6
Q

Problems in drafting legislation

A

Time: heavy workload, leads to working quickly = poorly drafted.

Legal Terms: words with specific meanings may differ in everyday terms.

Possible interpretations: be aware how courts interpret words. Can impact on range of circumstances to which the law applies.

Clear advice: Minster gives poor advice. Poor communication with parliamentary council may lead to loopholes.

Future Circumstances: cannot be expected to anticipate future circumstances. Quickly become out of date.

Complexity of the Law: need to be aware of existing Common & Statute law.

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7
Q

Passing an Act of Parliament

A

Law passed by parliament is known as an “ACT” “LEGISLATION” or “STATUTE”.

Process used by parliament to make laws is known as the Legislative Process.

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8
Q

Stages in the Legislative Process

A

The legislative process consists of a number of readings that aim to provide for full debate & consideration of a bill.

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9
Q

Lower house - Introduction + First reading:

A

Title of bill read out. Date for second reading set. There is no debate.

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10
Q

Lower house: Statement of Compatability:

A

Ensures minsters take responsibility for the human rights impact on proposed laws.
Provides info that can be debated in future stages in the legislative process.

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11
Q

Lower house - Second reading:

A

Explain purpose of the bill.

Explanatory memorandum: Reasons why the bill is needed are debated.

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12
Q

Lower house: Consideration in Detail

A

Allows for detailed discussion for the clauses of the bill.

Senate & Legislative council refer to this stage as “Commitee of the Whole”

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13
Q

Lower House: Third Reading

A

Will accept OR reject the report of the Consideration in Detail.
Further amendments may be made to the bill.

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14
Q

Upper house

A

The 3 reading stages are repeated in the upper house.
Can reject a bill.
If no agreement reached, the bill may be laid aside & no further action taken.

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15
Q

Royal assent

A

Final stage in the legislative process.
Passed both houses, presented to the Crown.
The Crown will act on advice of the executive council to give royal assent.
Once a bill receives royal assent it becomes an act.

The bill will receive royal assent & come into force on a date proclaimed by the Crown.

16
Q

Proclamation

A

Date for the commencement of the act by the Crown in the Government Gazette.

17
Q

Delegated Legislation

A

Delegate: give someone the power to act on your behalf

18
Q

How make delegated legislation

A

Parliament can give law making power to subordinate bodies.

Make laws in specialised area.

19
Q

Enforcing Delegated Legislation

A

Laws made by subordinate authorities include rules, regulations by-laws & local laws.