BLAW10001 Study Guide - Final Guide: Royal Assent, Golden Rule, Bicameralism
BLAW CH 2 – SOURCES OF LAW: LEGISLATION
LEGISLATION:
• La eated legislature (legislature ko as At or statute)
• There are 9 governments in Australia with law-making powers (9 different legislatures)
• Eer legislature is iaeral eept for: QLD + self-governing territories (legislative
assembly only)
o STATES: Legislative Assembly & Legislative Council
• Cooealth goeret has soe elusie poers + shared legislatie poers
• Proposed legislatio is alled a Bill
LAW-MAKING POWERS OF LOCAL GOVERNMENTS:
• Local governments established by state & territory governments
• Ca ake -las
• By-laws are invalid if inconsistent with state/federal law & exceed the powers of local
government
THE LEGISLATIVE PROCESS IN OUTLINE:
PROPOSALS FOR NEW LEGISLATION
• Development of policy
• Decision to legislate
• Bill drafted by parliamentary draftpersons
PROCEDURE IN THE HOUSE OF ORIGIN (REPS)
INITIATION:
• Clerk of the House lists the Bill for its 1st reading
1ST READING:
• Bill is introduced (no debate)
2ND READING:
• Debate, motion is then voted on
COMMITTEE:
• House members form a committee to consider Bill
3RD READING:
• House votes on the motion to read the Bill a 3rd time
PROCEDURE IN THE HOUSE OF REVIEW (SENATE)
• Same process as above
• If the Bill passes Senate w/o amendments → Bill is
sent to REPS then Quees represetatie for ‘oal
Assent
• If the Bill passes w/ amendments → sent back to
REPS to see if amendments are agreed to
ROYAL ASSENT
• Bill set to Quees representative for royal assent
PUBLICATION
• The Bill becomes an Act & is published in the
Government Gazette
COMMENCEMENT
• The Act commences operation as law (28d after royal
assent in NSW, 1yr in VIC)
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Document Summary
Law-making powers of local governments: local governments established by state & territory governments, ca(cid:374) (cid:373)ake (cid:858)(cid:271)(cid:455)-la(cid:449)s(cid:859, by-laws are invalid if inconsistent with state/federal law & exceed the powers of local government. Procedure in the house of origin (reps: development of policy, decision to legislate, bill drafted by parliamentary draftpersons. Initiation: clerk of the house lists the bill for its 1st reading. 1st reading: bill is introduced (no debate) 2nd reading: debate, motion is then voted on. Committee: house members form a committee to consider bill. 3rd reading: house votes on the motion to read the bill a 3rd time, same process as above. If the bill passes senate w/o amendments bill is sent to reps then quee(cid:374)(cid:859)s represe(cid:374)tati(cid:448)e for o(cid:455)al. If the bill passes w/ amendments sent back to. Reps to see if amendments are agreed to. Publication: bill se(cid:374)t to quee(cid:374)(cid:859)s representative for royal assent, the bill becomes an act & is published in the.
