Law Making - Legislature Flashcards
What are the functions of parliament?
Democratic Function (Representative Government)
Legislative Function
Supplying Function
Scrutinising Function
What are the two types of bills?
Public Bills
Private Members’ Bills
What are the three stages of making a parliamentary Act?
Pre-Parliament Stage
Parliament Stage
Post Parliament Stage
What is a public bill?
Bills initiated by ministers as a part of the Government’s legislative program. They form the overwhelming number of Bills debated and passed in parliament.
What is a private members’ bill?
Bills initiated by members of parliament who are not ministers.
What is a supply bill?
These are Bills drafted on instructions of the Federal Treasurer and originated in the lower house by constitutional rule. They must be passed by parliament before the Government can collect income taxes and incur expenditure on government services. Supply Bills must originate in the lower house and the upper house cannot amend them.
What is an ordinary bill?
Any Bill that is not a supply Bill. They commence as original Bills but once enacted can be altered by the passage of an amending Bill.
What is the pre-parliament stage?
This is the stage where the idea for a new law evolves and it is drafted into legislative form, called a Bill.
What is the parliament stage?
The Bill must pass through three formal reading stages in the same form in both houses before being submitted to the Queen’s representative for the royal assent, at which stage it becomes an Act.
What is the post parliament stage?
When the Minister for portfolio is ready for the Act to be implemented it is proclaimed at Executive Council for the commencement date to be published in the Government Gazette.
What is a deadlock?
These occur when an upper house rejects a public Bill but a compromise is not usually possible.
How are deadlocks resolved at the federal level?
Section 57
Senate twice rejects the same Bill,
twice passed in the House of Representative with a
lapse of three months between each rejection.
Once a deadlock exists (called a ‘constitutional trigger’)
prime minister can advise the governor-general to dissolve both Houses of the Commonwealth Parliament for a general election to be conducted (Double Dissolution).
If the Government returns to office, and the same Bill is rejected again in the Senate, the prime minister can advise the governor-general to call a joint sitting in the House of Representatives where both Houses sit to debate the Bill.
Obviously, if the opposition gains Government the disputed Bill will lapse.
How are deadlocks resolved at the state level?
In SA, disagreements and deadlocks are usually resolved at a Managers’ Conference. These Conferences are comprised of members from both Houses of the Parliament and the major political groups, who meet outside of parliament to reach a compromise.
How is legislation and the Legislative Process Supervised?
Legislative
- Bicameral Review
- Sunset Provision
- Parliamentary Committee System
Executive
- Ministerial Review
- Government Inquiries
- Office of the Ombudsman and the Auditor-General
Judicial
Judicial Review
Statutory Interpretation
