Chapter 9: working with statutes

Question 1

What is legislation?

Answer 1

Both statutes and delegated legislation

Question 2

Statutes

Answer 2

Acts made by parliament

Question 3

Bills

Answer 3

Acts before they are enacted to become law

Question 4

Subordinate acts

Answer 4

laws made by individuals or bodies, authorised to do so by parliament i.e rules and guidelines

Question 5

Constitution of Australia s1

Answer 5

Legislative power of commonwealth vested in a parliament which consists of queen, senate and House of Representatives

Question 6

How do the Australian and UK systems of government differ?

Answer 6

Australia is under a federal government where political power is shared between central government and six states and two territories (federal government overrides state rules)

UK is under a unitary government system where states have no authority to pass their own laws and instead the national government holds all power

Question 7

How does a bill become an act

Answer 7

lower house –> upper house –> royal assent

Question 8

Process of passing aa bill in the lower house

Answer 8

Initiation (formality)
First reading (formality)
Second reading (purpose, general principles, effect of bill)
Explanatory memorandum (reaasons for bill, provisions)
Second reading debate (merits of proposed law,)
Vote is made
Consideration in detail
Third reading
Bill is passed and sent to upper house

Question 9

Interpreting legislation Act s 10A (1)

Answer 9

IF an Act provides for act to come into operation, act confers power on Governor in Council to fix by proclamation published in Government Gazette a day for it to come in operation

Question 10

Interpreting legislation Act s 10A (3)

Answer 10

If an act makes no provision for the commencement of a particular provision, act must be taken to provide for the provision to come into operation on a day to be proclaimed or first anniversary of passing of act - whichever is earlier

Question 11

Interpreting legislation Act s 10A (4)

Answer 11

If an act makes no provision for commencement of act or of more than one provision for act, act must be taken to provide for the act or those provisions to come into operation on days to be proclaimed, first anniversary of act (whichever is earlier)