L3 - Statute Law and Regulations Flashcards
What is the doctrine of Parliamentary supremacy?
– Parliament is a supreme law making body.
– Courts interpret laws reactively but parliament is proactive
– Laws made by parliament are called statutes
Define statutory laws
– Statutes are laws made by parliament. They were originally royal decrees.
– Example: Victorian law has about 530 principal public acts.
– Statutory interpretation is crucial for Legal practice.
What is legislation?
Also laws made by Parliament.
What is a Pearce and Geddes definition of legislation?
– Legislation is the creation of a general rule of conduct.
– Includes delegated legislation (regulations, rules, bylaws, etc.)
What are the different types of legislation?
– Bills: draft form of act introduced into parliament
– Sessional acts: original version of an act passed in a session
– Consolidated acts: the latest version of an act incorporating amendments
– Delegated legislation: made by other bodies under authority from parliament (examples: regulations, court rules)
What are the four stages of our legislation is created?
1– introduction of bill into parliament
2– debate and possible amendments
3– committee stage: detailed examination
4– Royal assent: the act is passed
What is the purpose of the first reading speech?
Provides brief information about the title and purposes of the proposed bill. Bill is formally introduced in the house as approval to proceed, authority to print the bill and the date of the second is sought.
What is the purpose of the second reading speech?
Member of Parliament responsible for introducing the bill (typically the relevant minister) also introduced its accompanying explanatory memorandum which, close by clause, outlines and describes the purpose of the bill
Can a bill proceed without unanimous agreement in the house?
No, unless there is unanimous agreement in the house the bill proceeds to the committee stage.
Where are reading speeches recorded?
Reading speeches are recorded in Hansard.
– Printed transcripts of Parliamentary debates in the Westminster system of government.
– Hansard also refers to the unit of the department of Parliamentary services that publishes the printed record.
When does an act commence?
– Determined by section 11 of the interpretation of legislation act.
– Could start on a specific date, through proclamation or 28 days post Royal assent.
What are the key components of an act?
– coat of arms and regnal year.
– Title (long and short): used for interpreting acts.
– Sections and subsections: provide detailed law and it’s structure.
What phrase indicates that an act has received Royal assent?
The phrase: be it enacted.
Why are there short and long titles of act?
– long titles help with understanding the purpose of an act.
– Short titles are used for identification but less useful for interpretation.
What is retrospective legislation?
Legislation that takes effect before the royal assent date.
What are regulations?
Laws made under an act to provide more specific rules (example: road rules 2017)
What is delegated legislation?
Legislation empowered by an active parliament, used for detailed, technical rules.
What is a sunset clause?
Automatic repeal or review of some regulations after a set period.
Who can make or change delegated law?
Parliament gives power to make or change delegated law to a minister or government department
What is another name for delegated legislation?
Regulations
How do regulations function?
They are subsidiary to an act and provide administrative details that will operate under it.
Example: the road safety act outlines are requirements for a learner driver permit and the regulations provide specific details like the dimensions and colours of learner plates.
True or false: Regulations need to receive Royal assent the same way that acts do.
False, regulations do not need to be passed by parliament in the same way as acts.
Fill in the blanks.
Legislation is the _______ of a general _______ of __________.
Legislation is the creation of a general rule of conduct.
Name the types of legislation
Bills, Sessional Acts, Consolidated Acts, Delegated Legislation
