legislation Flashcards
explain one difference between a public bill and a private member’s bill
a public bill is introduced by the responsible minister on behalf of the government.
a private member’s bill is introduced by an MP, who is not a minister, is this case a backbencher.
private member’s bills usually relate to more controversial topics, they are harder to pass and do not necessarily have the support of the government.
explain one role of the cabinet minister in making legislation.
the cabinet minister will formally introduce the bill into parliament and oversee it’s passage through the three readings.
the minister will formally speak on behalf of the proposed bill during the second reading stage, with a prepared speech outlining the purpose of the bill.
what does ‘sovereignty of the legislation’ mean
the sovereignty of the legislature means that laws made by the legislature override laws made by other arms of government.
- parliament’s power to override case law and create remedial legislation.
- either house of the parliament to pass a disallowance motion
state two factors that lead to the initiation of legislation.
- pressure groups: pressure of lobby groups with common interest put pressure on the parliament to create law reform (ie, cancer council and extinction rebellion).
- court decisions: parliament enacts new legislation in response to court decisions. which create sadness or anger within the community.
explain the circumstances that lead to a double dissolution.
when the house of representatives passes a bill twice and it is rejected by the senate twice, with a lapse of three months between each rejection.
- this is called a parliamentary deadlock and gives rise to a ‘constitutional trigger’. The PM can ask the governor general to dissolve both house of Parliament, leading to a double dissolution election .
which body drafts new legislation?
the office of parliamentary counsel, take ideas for the new law and transform it into a bill using the correct legal language and format.
what happens during the second reading stage of a bill?
the second bill reading stage occurs in two phases. The minister presents a prepared speech outlining the purpose of the bill, and the general principles of the bill are debated, however, no amendments are made.
outline two ways voting occurs in parliament.
on the voices: the speaker says ‘all in favour say aye”, and no record is kept.
division: MP’s move either to the left or the right of the speaker’s chair indicating if they are for or against the motion. These votes are recorded.
explain two methods used by parliament to supervise legislation.
bicameral scrutiny: both houses of the parliament must approve any bill made by the legislative arm, which allows for checks and balances.
sunset provision: a clause inserted into legislation which guarantees the review of the law after a particular period of time, which ensures scrutiny.
outline two roles of the governor general in the making legislation.
the governor general will assent a Bill on the advice of the presiding officers of Parliament and on behalf of the queen.
the governor general proclaims the act to become an enforceable law on the advice of the minister at Federal Executive Council.
what is compromise?
a compromise is when the government negotiates with minor parties and independents to get their bill through both houses of parliament.
e.g. the government negotiated with the Greens in the senate to pass legislation relating to a new tax on mining companies.
outline the difference between a disagreement and deadlock.
a disagreement is when the two houses disagree over aspects of the bill but usually a resolution is possible.
a deadlock is when a bill is passed through the house of representatives twice and rejected by the senate twice.
what is abandonment?
abandonment is when the government will consider abandoning legislation if it is unpopular with the general community.
explain a key difference in the lawmaking process that occurs in the senate compared to the house of representatives.
the senate committee stage:
the senate has a system of permanent and temporary committees which scrutinise bills.
These committees usually seek expert advice and create a report to put before the senate on the amendments they believe should be made to the bill.
how does parliament supervise law?
parliament supervises law through bicameral scrutiny. Both houses of parliament must approve the bill, the upper house will review the bill closely.
