Chapter 2- Sources of Law: Legislation Flashcards
Mention all the self-governing states and territory in Australia.
ACT, NT, Queensland, Victoria, NSW, Tasmania, Western Australia, South Australia
Out of the nine legislatures which has constitutional power to make law in Australia, which are not bicameral? Explain the concept of bicameral legislature.
Queensland, ACT, NT only have a Legislative Assembly (UNICAMERAL LEGISLATURE).
Bicameral legis lature consists of an ‘upper’ and ‘lower’ House.
The upper House of the Commonwealth legislature is called the ______ and the lower House is called the ____________.
Senate, House of Representatives
The upper House of the state parliaments is called the ______ and the lower House is called the ____________, with the exception of SA and Tasmania which are called ________.
Legislative Councils, Legislative Assembly, House of Assembly.
LAW MADE BY A LEGISLATURE IS CALLED ______.
statutory law
Describe the legislative powers of state and territory and the Commonwealth. Explain their differences.
Each state and territory has a broad and general legislative power to make laws, but limited to their particular territory. The Commonwealth government has less general legislative power that the state/territory, with only having power to make law in relation to specified matters only (specified in s51). Some of these powers are exclusive to the Commonwealth (s52) while others are shared with the states (s51).
Local governments are established by ___________ government, They have specified power to make laws called ____.
state/territory, bylaws
Define House of Origin and the House of Review.
House of Origin is the house where legislation is first introduced in. The other house becomes the House of Review.
Outline the steps of the legislative process.
- Proposals for new legislation
- Procedure in the House of Origin
- Procedure in the House of Review
- Final stages before the Bill becomes operational as law
What is a Bill?
Bill is a proposed (draft) legislation drafted by parliamentary draftspersons
Outline the steps of the procedure in the House of Origin.
- Initiation: clerk of the house lists the Bill for its first reading (title being read)
- First Reading: House grants permission to introduce and read the bill
- Second Reading: the relevant minister makes a explanatory speech regarding the Bill. Debate occurs and the motion is voted on. If agreed, title of Bill is read for a second time.
- Committee: Members of the house form a committee to consider the Bill in detail
- Third Reading: It is moved, if agreed, the title will be read a third time.
Outline the steps of the procedure in the House of Review.
- Initiation, First, Second, Committee, and Third Reading (same as House of Origin)
- In the case of un-amended bills, the Bill is returned to the House of Origin and then proceeds to the next stage.
- In the House Review passes the Bill with amendments, the Bill is returned to the House of Origin which may accept or reject the amendments. If agreement can’t be reached, the Government can be dissolved and a general election called.
What is the Royal Assent?
The approval of the Queen’s representative to the Bill (State-level: Governor, Commonwealth: Governor-General).
If commencement date of the law is not specified, what is the default date for the Commonwealth and each state/territory.
NSW and Commonwealth: 28 days after Royal Assent.
Victoria: 1 Year after assent
Other states/territories: the day that Royal Assent is received
Describe the methods of law interpretation.
- The literal approach: give the words their ordinary, natural meaning
- The ‘golden rule’: if the literal approach gives an absurd result, or one that is repugnant, or which is inconsistent with the overall act, modify the literal meaning to the extent necessary to avoid the absurdity or inconsistency
- The ‘purpose’ approach:
- Intrinsic evidence
- Extrinsic evidence
