Legal Foundations - L4 How Laws are Made

Question 1

What are the four main functions of parliament?

Answer 1

1. To legislate (make and amend laws)
2. To represent/act on behalf of voters
3. To scrutinise/examine the work of government
4. The formation of government

Question 2

Which section of the Constitution gives the Commonwealth parliament the power to make laws in relation to certain matters?

Answer 2

Section 51

Question 3

Identify 4 ways that ideas for Bills can be developed

Answer 3

1. A government department may advise a minister of a problem.
2. A parliamentary committee may propose a Bill.
3. Political parties may introduce a Bill to put their ideas into action.
4. Community groups, businesses or lobby groups can approach MPs with suggestions.

Question 4

What is a Bill?

Answer 4

A proposal to introduce a new law or amend an existing law

Question 5

Identify the 7 steps involved in making a new law.

Answer 5

1. First Reading
2. Second reading
3. Debate
4. Bill passed by both houses of parliament
5. Act given Royal Assent (formal approval)
6. Commencement

Question 6

What does the term ‘jurisdiction’ mean as it relates to parliament?

Answer 6

The power parliaments have to make certain laws as determined by Sec 51 of the Constitution.

Question 7

What happens when Federal / Commonwealth laws are in conflict?

Answer 7

Commonwealth law prevails.

Question 8

How is government formed?

Answer 8

The political party (Eg. Australian Labor Party) or parties in coalition (Eg. Liberal National Party) that wins an election and has the majority of members in the House of Representatives forms government.

Eg. Currently there are 151 electorates in Australia, which means there are 151 seats in the House of Representatives. A political party or parties in coalition wins the election and forms government by winning at least 76 of the 151 seats. These seats are won by gaining the most votes out of all candidates who run for election in each electorate which contains approx 110,000 voters.