Week 3 passing of a bill in parliament

Question 1

Legislation -
statues -
bill-

Answer 1

Legislation - statutes & delegated legislative acts
statues - acts made by parliament
bills - acts before they are embedded into law

Question 2

Subordinate acts-
code -
consolidations-

Answer 2

Subordinate acts- laws made by individuals or bodies authorized to do so by parliament
code - is a statute that draws together both statute and case law on a topic.
consolidations- brings together the original statute law on a topic and the subsequent amendments. This is done by Parliament repealing the initial and amending Acts and re-enacting their provisions in a single statute

Question 3

authority to make law in…

Answer 3

federal- s1 of Australian constitution
state - s16 of Victorian constitution

Question 4

Pal made up of ..

Answer 4

crown - kings representative governor and gov general
2 houses of pal
lower-> house of reps and leg assembly
upper-> senate and leg council

Question 5

Government

Answer 5

the parties or parties in collation which hold the majority of seats in the lower house

Question 6

Cabinet

Answer 6

core decision making body of parliament made up of senior ministers and the prime minister eg minister for health

Question 7

Opposition role

Answer 7

to scrutinise the conduct of government made up of shadow ministers

Question 8

delegated legislation is made by

Answer 8

the executive

Question 9

Private members bills

Answer 9

proposed bill made by an individual member of pal rather then the government
rare normally controversial

Question 10

Differences btw court and statue made law

Answer 10

stat law can be proactive to stop a problem before it occurs
stat law in fixed form whereas case law expressed in many ways inn the case judgement

Question 11

Creating delegated leg

Answer 11

Eg council by laws
1. drafting and consultation;
Office of pal council may draft

2. explanatory statement;
3. tabling and review; and
4. registration
   has to registered to federal register of legislation enabling public acess
   5. Pal tabling and review
      all del leg must be tabled in pal
      can disallow leg

Question 12

Section 51 of const

Answer 12

concurrent powers
international and interstate trade;
* taxation;
* post and telecommunications;
* foreign affairs;
* defence;
* immigration;
* banking (other than State banking);
* insurance (other than State insurance);
* marriage and divorce;
* currency and weights and measures; and
* invalid and old age pensions

Question 13

section 109

Answer 13

ensures commonwealth law invalidates state law in areas of conflict

Question 14

Passing a bill

Answer 14

1st reading

copies are handed to each member of pal

2nd reading
minister delivers a speech
2nd reading debate stage -> after ministers have read bill
consideration in detail -> can be bypassed if no opposition members offer changes
Opposition minister gives opposition speech
then they vote

3rd reading (formality ) if bill has passed lower house

Then is handed to upper house for same process

If passes both houses then it is handed to the crown to give royal assent -> act

Question 15

commencement of an act

Answer 15

interpretation of legislation act 1984 (Vic)

s 10 A (1)
if act provides for proclamation power conferred on the governor in council to fix date via gov gazette

s 10 A (3)
if no provision for commencement for a particular provision comes into operation on the day proclaimed or the anniversary of passing whichever is earlier

s 10 A (2)
if the act confers power on the governor to proclaim then does not commence till proclaimed

Question 16

Express repeal

Answer 16

by amending act due to major issue

or sunset clause - self repealing

Question 17

implied reappeal.

Answer 17

later act repeals earlier act if inconstant

Question 18

amending an act

Answer 18

minor changes in words clauses phrasing.

Question 19

Generalia specialibus non derogant

Answer 19

“The general does not detract from the specific.”

eg
if border collies are allowed in parks
then act passed to ban dogs

border collies are still allowed.

Question 20

rules of reappeal.

Answer 20

repeal of repealing legislation does not revive initial legislation

substantive rights under initial act preserved.

Question 21

acts are divided into …
bills are divided into …

Answer 21

sections
clauses