Ch. 4 - Initiation Of Legislation

Question 0

Government Bills

Answer 0

Bill that has been approved by cabinet.

Includes Financial bills.

Question 1

Bill

Answer 1

Proposed law.

Question 2

Private Members Bills

Answer 2

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

Question 3

Private Bills

Answer 3

Affects small proportion of the community.

Question 4

Drafting legislation

Answer 4

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

Question 5

Parliamentary Council

Answer 5

Responsible for drafting legislation

Question 6

Problems in drafting legislation

Answer 6

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 Quickly become out of date.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.

Question 7

Passing an Act of Parliament

Answer 7

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.

Question 8

Stages in the Legislative Process

Answer 8

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

Question 9

Lower house - Introduction + First reading:

Answer 9

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

Question 10

Lower house: Statement of Compatability:

Answer 10

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.

Question 11

Lower house - Second reading:

Answer 11

Explain purpose of the bill.

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

Question 12

Lower house: Consideration in Detail

Answer 12

Allows for detailed discussion for the clauses of the bill.

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

Question 13

Lower House: Third Reading

Answer 13

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

Question 14

Upper house

Answer 14

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.

Question 15

Royal assent

Answer 15

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.

Question 16

Proclamation

Answer 16

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

Question 17

Delegated Legislation

Answer 17

Delegate: give someone the power to act on your behalf

Question 18

How make delegated legislation

Answer 18

Parliament can give law making power to subordinate bodies.

Make laws in specialised area.

Question 19

Enforcing Delegated Legislation

Answer 19

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