Ch. 4 - Initiation Of Legislation Flashcards
Government Bills
Bill that has been approved by cabinet.
Includes Financial bills.
Bill
Proposed law.
Private Members Bills
Any member of parliament can introduce a bill without Cabinets support.
Usually unsuccessful.
Private Bills
Affects small proportion of the community.
Drafting legislation
Process of framing the words of a proposed law in the form of a bill.
Parliamentary Council
Responsible for drafting legislation
Problems in drafting legislation
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 Quickly become out of date.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.
Passing an Act of Parliament
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.
Stages in the Legislative Process
The legislative process consists of a number of readings that aim to provide for full debate & consideration of a bill.
Lower house - Introduction + First reading:
Title of bill read out. Date for second reading set. There is no debate.
Lower house: Statement of Compatability:
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.
Lower house - Second reading:
Explain purpose of the bill.
Explanatory memorandum: Reasons why the bill is needed are debated.
Lower house: Consideration in Detail
Allows for detailed discussion for the clauses of the bill.
Senate & Legislative council refer to this stage as “Commitee of the Whole”
Lower House: Third Reading
Will accept OR reject the report of the Consideration in Detail.
Further amendments may be made to the bill.
Upper house
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.