The Mechanisms For Making Statute Law and Subsidiary Legislation

Question 1

How many principal legislatures enact statutes in Australia?

Answer 1

9;

1. The Commonwealth Parliament
   2-7. The Parliaments of the 6 states
2. Legislative Assembly of ACT
3. Legislative Assembly of Northern Territory

Question 2

All Australian states, with the exception of _________, have bicameral Parliaments.

Answer 2

Queensland

Question 3

______ ______ is a document to assist members of Parliament, officials and the public by setting out the objectives of the Bill and outlining its provisions.

Answer 3

explanatory memorandum

Question 4

A _____ _____ _____ contains an explanation of the purpose or rationale of the Bill rather than the details of each provision.

Answer 4

second reading speech

Question 5

When do Commonwealth Acts/statutes come into ‘force’?

Answer 5

Unless it states otherwise, the default is 28 days after Governor General’s assent (formal approval)

Question 6

What kind of Acts come into force on the date of the Governor General’s assent?

Answer 6

Acts that change the constitution

Question 7

What are the first steps in enacting legislation, up to and including the second reading debate?

Answer 7

1. Proposal for Bill
2. Bill is drafted by Parliamentary counsel
3. Bill is placed on the Notice Paper or agenda of business of Parliament
4. First reading: Clerk of relevant House introduces Bill by reading the short title of Bill. The responsible Minister then formally presents signed copy of Bill and explanatory memorandum to the Clerk.
5. Second reading: Minister responsible for Bill reads the second reading speech. Time is given for reflection.
6. Second reading debate generally occurs several days after reading and involved substantial debate on principles of Bill.

Question 8

What are the last steps that follow the second reading debate in the legislative process?

Answer 8

7. Detailed consideration of the text/clauses of the Bill. Amendments can be made and once all clauses have been agreed upon, the Bill is approved.
8. Final/third reading: considered a formality, responsible Minister reads the Bill.
9. Entire process is repeated for other chamber of Parliament. If there are disagreements, houses will pass messages to come to agreement. Bill may be laid aside if disagreement cannot be resolved.
10. One Bill passes both houses, the Governor General approves it and Bill is said to have received ‘Royal Assent’.

Question 9

What is the distinction between enactment and commencement?

Answer 9

Generally an Act will commence operation at, or some set time after, enactment. However, some legislation may be enacted but never commence operation.

Question 10

Since 1986, no Bills of the Commonwealth or the states require _______ for commencement.

Answer 10

the Queen’s signature

Question 11

In _____ & _____, statutes commence 28 days after the date of assent unless another date is specified.

Answer 11

NSW and Western Australia (statutes assented to after July 1, 1984)

Question 12

In _____, _____ and _____, statutes commence on the day of Assent unless specified otherwise.

Answer 12

Queensland, South Australia and Western Australia (statutes assented to before July 1, 1984)

Question 13

In ______, statutes assented to before 1 January 1982 commenced on the date of assent. Acts assented to or after 1 Jan 1982 come into effect 14 days after assent.

Answer 13

Tasmania

Question 14

In _____, an Act commences on the day specified either in the Act or in a proclamation.

Answer 14

Victoria

Question 15

Statutes made for the territories before self-government were called _____. They commenced on the date specified or if unspecified, _______.

Answer 15

Ordinances; on the date of notification

Question 16

A _____ states that an Act is to cease operation after a fixed period.

Answer 16

sunset clause

Question 17

True/False: When statutes are revived, a special kind of commencement date occurs.

Answer 17

True

Question 18

Can legislation operate retrospectively? If yes, how?

Answer 18

Yes, if parliament specifies that a statute is to operate retrospectively then it can also apply to events which occurred before commencement.

Question 19

How are Amendments made?

Answer 19

They are made when substituting, inserting, omitting or repealing words or provisions. Amendments can be made through Act of same title + word “Amendment”.

Question 20

What is ‘omnibus’ legislation?

Answer 20

The name given to an Act which amends a number of other Acts

Question 21

______ is a document comprising the Act as originally passed together with the text of any later amendments. It saves a person needing to look up each of the statutes which has amended the Act

Answer 21

reprint

Question 22

What is the term for an amending statute that states it repeals a named Act/Acts or parts thereof?

Answer 22

Express repeal

Question 23

In what circumstance would an implied repeal occur?

Answer 23

When the court finds that there is an undeniable inconsistency between an earlier Act and a later Act. Consequences of the operation of the two would lead to ‘wholly absurd consequences’ or ‘if the entire subject-matter was taken away by the subsequent statute’.

Question 24

True/False:
Where an Act repeals another Act, interpretation legislation in all jurisdictions do not preserve rights and liabilities which arose under the repealed Act.

Answer 24

False. In such cases, interpretation legislation in all jurisdictions PRESERVE rights and liabilities which arose under the repealed Act.

Question 25

In regards to Acts, what is the consequence of the subordinate status of territories?

Answer 25

Their Acts can ben disallowed by the Governor-General.

Question 26

What does the long title of a statute commonly state?

Answer 26

The purpose of the statute

Question 27

When used, what is the function of a preamble?

Answer 27

To state the reason the statute has been enacted.

Question 28

In what type(s) of legislation are preambles most commonly used?

Answer 28

For legislation with social purpose.

Question 29

A statute is commonly divided in ______.

Answer 29

sections

Question 30

True/False:

It is increasingly common to statutes to contain a purpose or objects section.

Answer 30

True.

Question 31

In modern statutes there is a heading/short note above each section. What is the purpose of these notes?

Answer 31

The notes are intended to provide some guide to the contents or the legislative history of the section.

Question 32

Why make amendments to legislation?

Answer 32

1. Changing social or technological circumstances e.g. Internet gambling, more single-parent families
2. To avoid unintended consequences of original legislation

Question 33

True/False:

The more general a statute is, the more likely it will require frequent amendment.

Answer 33

False. The more DETAILED a statute is, the more likely it will need to be frequently amended.