LAW1LIM Lecture Notes - Lecture 7: Primary And Secondary Legislation
LIM Lecture 7 – Parliament and Legislation
Part 1 – Legislation Process
Bill – Parliament Victoria – Act of Parliament
Starting Point – Parliament as Legislature
-‘The legislative power of the Commonwealth shall be vested in a Federal Parliament, which shall consist
of the Queen, a Senate, and a House of Representatives and which is hereinafter called “the Parliament”
or “The Parliament of the Commonwealth”’
-Commonwealth of Australia Constitution Act 1900 (Cth) section 1
-‘The Parliament shall have power to make laws in and for Victoria in all cases whatsoever’
-Constitution Act 1975 (Vic) section 16
Proposal
• Government e.g. election promise
• Private member’s Bill e.g. Marriage Amendment (Definition and Religious Freedoms) Bill 2017 (Cth)
• Government Department e.g. Graffiti Prevention Bill 2007 (Vic)
• Parliamentary Committee inquiries
• Independent reviews
• Law Reform Commissions
• Lobby groups
What gets introduced into Parliament
1. Bill – drafted by specialist drafters in the Office of the Chief Parliamentary Counsel, starts out as proposal
draft, has to be turned into readable document.
2. Explanatory Memorandum – drafted by the policy experts in the Department
3. Statement of Compatibility (required by the Charter of Human Rights and Responsibilities Act 2006 (Vic)) –
Designed so that members of public and Parliament understand rights of new proposals and content of bills.
Legislation Process
1. Draft Bill (Bills may be introduced into either the upper or lower House, but they must be considered by
each in turn).
2. House of Representatives – Bill Represented – First Reading – Second Reading – Consideration in Detail –
Third Reading (Possible Reference to – House of Representatives Standing)
(Amendments must be agreed to by both Houses)
3. Senate – Governor General Assent – On the Books – Commencement (Senate Committee may consider
the bill) Textbook p99
EX - Section 25(1) of the charter provides that a person charged with a criminal offence has the right to be
presumed innocent until proved guilty according to law. Clause 7 of the Graffiti Prevention. Bill interferes with
the right in section 25(1) of the charter because the clause places on the accused an evidential burden to
demonstrate the existence of a lawful excuse for carrying a spray paint can in a designated geographical area.
However, the right is not absolute and is subject to a reasonable limitation pursuant to section 7 of the
charter, as discussed in part 2.
Part 2 – Working with an Act of Parliament
Overview of Main parts of an act
• Purpose / objects
• Commencement provisions
• Definitions
• Operative provisions – in criminal law this will include offences – Can and Can’t do
• Authorisation of delegated legislation – Regulations and Rules Legislative Scheme
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Bill parliament victoria act of parliament. The legislative power of the commonwealth shall be vested in a federal parliament, which shall consist of the queen, a senate, and a house of representatives and which is hereinafter called the parliament or the parliament of the commonwealth ". Commonwealth of australia constitution act 1900 (cth) section 1. The parliament shall have power to make laws in and for victoria in all cases whatsoever". Proposal: government e. g. election promise, private member"s bill e. g. marriage amendment (definition and religious freedoms) bill 2017 (cth, government department e. g. graffiti prevention bill 2007 (vic, parliamentary committee inquiries, independent reviews, law reform commissions, lobby groups. Designed so that members of public and parliament understand rights of new proposals and content of bills. Third reading (possible reference to house of representatives standing) (amendments must be agreed to by both houses) Senate governor general assent on the books commencement (senate committee may consider the bill) textbook p99.
