Parliament Made Law Flashcards
(20 cards)
Distinguish between an ordinary public bill and a supply bill or budget bill?
Public bill: A public is proposed and drafted by the government as part of its legislative agenda
. They are introduced into the parliament by the relevant minister.
. Most bills put to the parliament are public bills.
Public bills can be further categorised as being either an ordinary public bill or a money bill.
Ordinary public bill - ordinary public bills can be further classified as: original, amending, repealing and consolidating.
Money bill - also known as supply, budget, or appropriation bills.
The only difference is that a money bill can only be originated in the lower house.
What is a private members bill?
A private members bill is any bill that is introduced into the parliament by an elected member who is not acting on behalf of the government.
. They are usually introduced by opposition MPS, from smaller parties (greens) or independents.
Distinguish between an original bill and an amending bill?
Original bill: A bill that proposes a new law
Amending bill: A bill to change/alter an existing law
What is the purpose of a repealing bill?
Repealing bill: A bill that terminates an existing law
What is a consolidating bill?
Consolidating bill: A bill that repeals several laws and combines them into the statue.
What is the role of the Office of Parliamentary Counsel?
The office of parliamentary counsel drafts the bill into its correct legal form.
. These lawyers are experts at using legal language and constructing laws consistent with accepted practice and standards.
Why are most bills introduced into the lower of a parliament?
Most bills introdiced in the lower house because that’s were the government is based.
Its easier to pass laws there, and its main house responsible for financial decision.
What happens in the first reading? (1)
The long title of the bill is read by the clerk of the house or (senate)
What happens in the second reading? (2)
The broad principle and intentions of the bill are outlined by the minister responsible. This can include potential costs and benefits, both financial and otherwise.
What happens in commitee of the whole stage? (3)
The bill is debated clause by clause and in detail by the whole house.
. Amendments are put and voted opon but are usually defeated by the government?
What happens in the third reading? (4)
Usually only a formal vote (division) on the bill at this stage - debate is unlikely.
Why is scrutiny of a bill more likely in the upper house of parliament?
This is because governments have rarely had the numbers to control the upper house.
. Negotiation and deals with the cross bench is needed for many bills and they can exert power and influence over the elected government.
What happens if a change is made to a bill by a reviewing house?
Any amendments made to the bill by a reviewing house house must go back to the originating house for its approval of the changes.
. The bill does not need to go through the whole process again, just possibly debate and a vote as in the 3rd reading stage.
Distinguish between royal assent and proclamation
Royal assent - the governor (state) or governor-general (federal) gives approval on behalf of the monacrh.
This occurs at a meeting of the executive council on the advice of the responsible minister or their delegate.
Proclamation: The act now becomes a law and is published in the government gazette.
. This is considered an official notification of the public.
Distinguish between a disagreement and a deadlock?
Disagreement - usually resolved by negotiation and compromise.
. This can take time though and involved costly concessions.
Deadlock: no compromise is possible. An upper house that is constantly blocking bills is usually labelled as hostile.
What is a double dissolution trigger?
If the house of reps passes a bill twice, and it is rejected twice by the senate with atleasr a 3-month gap, the Prime minister can advise the governor-general to dissolve the parliament and call an election.
How does the double dissolution process resolve a deadlock?
A double dissolution resolves a deadlock by dissolving both houses and forcing a new election. If the deadlock continues, a joint sitting of both houses can be held to pass the blocked bill.
What is a joint sitting and when is it used?
If the status quo is the result, the constitution allows for a joint sitting of all members of parliament.
. All members sit in the house of representatives chambers and vote on the bill.
. This can only happen if the bills have again been passed by the reps but rejected by the new senate.
What is a referendum and what is the process that needs to be followed?
In order to change the wording of the Australian constitution, a special process needs to occur.
. This is called a referendum and the procedure is outlined in s128 of the Commonwealth Constitution
. Only the Australian public can change the words of the constitution, although the High COurt can give meaning to the words.
Referendum progress?
- Any proposal change of the wording of the constitution must first be outlined in a constitutionally alteration bill.
. Must pass through federal parliament although only the approval of the lower house. - Needs to be held within 2-6 month window from the passage of the bill.
. allowing time for public education and debate - On the day, all eligible votes are required to vote either yes or no on the proposed change
- Referendum criteria: dual criteria must be satisfied for a referendum to be successful.
. Majority of yes voters
. 4/6 states must have majority yes votes. - If the dual criteria are met, the bill is assented, and the change made.
. If the criteria is not met, the bill lapses and the referendum fails.
