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Sources of Law: Legislation

Autor:   •  June 30, 2019  •  Course Note  •  2,725 Words (11 Pages)  •  212 Views

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Sources of Law: Legislation

[2.1] Introduction

2.1.1 What is Legislation?

  • Law that is enacted by a legislature
  • Refer to an Act/Statute
  • Commonwealth, States, Territories all have legislatures that are capable of    making law

[2.2] The Legislative Powers of the Australian Legislatures

2.2.1 The legislative powers of state governments

  • Limitation: Legislation enacted by a state or territory only operates within its particular borders.
  • They share some legislative power with commonwealth parliament

2.2.2 The legislative powers of the territories

  • Self-governing territories has broad power to legislate.
  • Limitation: Cannot validly enact laws that are contrary to Commonwealth Law

2.2.3 The legislative powers of the Commonwealth government

  • Applies throughout the Australia
  • More limited in their scope than the state and territory government
  • Powers are specified in the 09s
  • Some powers are exclusive to Commonwealth parliament while others are shared with the states 
  • Various section lay down a limited number of matter that only the Commonwealth government has the power to legislate (EXCLUSIVE POWER) E.g. S52, 90,114,115,121,122
  • S51 lists a lot of matter which commonwealth shares legislative power with the state government
  • This is because that Commonwealth can override any contrary state or territory legislation.

[2.3] The Legislative Process in Outline (make By-Law)

2.3.1 Understanding the legislative process

  • Bill vs. Act
  • House of Origin & House of Review
  • Distinguish between first, second, third ‘reading’ of a bill
  • Second reading speech
  • Explain Royal Assent
  • Royal Assent vs. Commencement

2.3.2 Bills

(a) Drafting a new law

  • First considered by the cabinet (PM, top-ranking government minister) to settle any political issues
  • Then legal drafting by experts employed by the government as parliament counsel
  • Prepare a draft of proposed law with all provisions needed to give effect to the government policy (?)
  • Completed draft of proposed legislation is called a ‘BILL’

(b) The explanatory memorandum

  • Parliament counsel summaries the bill and explain the effect of each provision

(c) Review of the bill

  • Reviewed by relevant minister, government party committee and relevant government department.
  • Then Bill is ready to introduce to the legislature

2.3.3 Procedure in the legislature

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