Chapter 1 Test Revision

Question 1

Subordinate authorities.

Answer 1

Authorities that have been given the power by an Enabling Act to make rules and regulations.

Question 2

Civil law.

Answer 2

A category of law regulating disputes between two parties where an individual’s rights have been infringed.

Question 3

Delegated legislation.

Answer 3

A collective term to refer to ‘by-laws’, ‘rules’ and ‘regulations’ passed by subordinate authorities.

Question 4

Social cohesion.

Answer 4

A cooperative and peaceful society where the legal system is recognized and accepted by the community.

Question 5

Enabling act.

Answer 5

An Act passed by the commonwealth parliament and/or a state parliament to give jurisdiction to subordinate authorities to legislate on particular areas in society.

Question 6

Concurrent powers.

Answer 6

Refer to powers where the commonwealth parliament and state parliament may both legislate.
(Eg. Taxation).

Question 7

Exclusive powers.

Answer 7

Powers that only federal parliament has to legislate in particular areas. (Eg. Defence and immigration).

Question 8

Legal rule.

Answer 8

Rules which are made by law-making bodies, such as courts and parliament, and are enforced by courts.

Question 8

Non-legal rules.

Answer 8

Rules which are made by and only affect private individuals or groups in society.

Question 9

Bicameral.

Answer 9

Two Houses of Parliament - at a federal level, the House of Reps and the Senate; in Victoria, Lehislative Assembly and Legislative Council.

Question 10

Residual powers.

Answer 10

Law-making powers left with the states at the time of federation. (Eg. Public transport).

Question 11

Sue.

Answer 11

Start civil proceedings against another person.

Question 12

Constitution.

Answer 12

A legal document that outlines the basic rules of government and the law-making powers of the elected government.

Question 13

Precedent.

Answer 13

A court decision that is followed by another court in the lower hierarchy (Eg. Stevenson v Donoghue).

Question 14

Common law.

Answer 14

Decisions made by judges that form part of the law.

Question 15

How long do MP’s in H/Reps and Senators serve for at a federal level?

Answer 15

H/Reps - 3 years.

Senators - 6 years.

Question 16

How long do members of the Legislative Assembly/Council serve for?

Answer 16

Assembly - 4 years.

Council - 4 years.

Question 17

Parliament.

Answer 17

Supreme law-making body elected by the people to pass laws.

Question 18

Outline the need for laws.

Answer 18

• To protect society and keep it functioning.
• To provide guidelines of acceptable behaviour.
• To prevent conflict.
• To outline how disputes will be resolved.
• To provide consequences for unacceptable behaviour.

Question 19

List the characteristics of an effective law.

Answer 19

1. Known to the public.
2. Acceptable to the community.
3. Able to be enforced/enforceable.
4. Stability.
5. Able to be changed/changeable.

Question 20

What are laws made by parliament called?

Answer 20

1. Acts of Parliament.
2. Statute law.
3. Legislation.

Question 21

Why make subordinate authorities?

Answer 21

Federal and state parliament don’t have time to deal with minor laws. These authorities are experts in their field and are more accessible to the public.

Question 22

List 4 types of subordinate authorities.

Answer 22

1. Government departments - general policies are administered in government departments.
2. Statutory authorities - Bodies made by an Act of parliament to make regulations on a specific range of issues (Eg. Environment protection agency deals with waste disposal etc.).
3. Executive councils - made up of GG/G and relevant ministers to make regulations.
4. Local councils - make local laws for their area.

Question 23

List and explain the three levels of law-making bodies in Australia.

Answer 23

1. Commonwealth Parliament: Pass laws of national interest (Eg. Immigration, defence, currency etc.).
2. State/territory parliament: Responsible for everything not listed as a federal responsibility (Eg. Schools, crime etc.).
3. Local councils: Address minor issues within each area of state (Eg. Rubbish, roads etc.).

Question 24

List the stages of a passage of a bill.

Answer 24

1. First reading.
2. Second reading.
3. Consideration in detail.
4. Third reading.
5. Goes to upper house.
6. Steps 1-4 are repeated in upper house.
7. Royal assent is given.
8. Proclamation - Act comes into operation.
9. Bill becomes a law.

Question 25

Explain 3 steps of the passage of a bill.

Consideration in detail, Royal assent, third reading

Answer 25

1. C in D - Bill is considered in detail, clause by clause, amendments are most likely to occur in this stage.
2. Royal Assent - GG or G signs the bill before it becomes a law.
3. Third reading - Bill is voted on in its final form.