U4 AoS1a Flashcards
(27 cards)
Parliament structure
(Lesson 1)
Commonwealth parliament is bicameral, there are two houses that participate in law making, the house of representatives and the senate.
In total, parliament consists of elected officials making up the two houses, and the king, represented by the governor general.
Parliament
(Lesson 1)
a body that consists of democratically elected members, chosen by the people to pass federal laws, and the governor general and the king
Government
(Lesson 1)
Government is formed by the political party holding over half the seats (76) in the lower house. The party’s leader becomes prime minister.
Hung Parliament
(Lesson 1)
A ‘hung Parliament’ is said to exist when no single party or coalition of parties has a majority of seats in the House of Representatives.
Bill
(Lesson 1)
In Australia, a bill is a proposal for a new law or a change to an existing law. It’s essentially a draft Act of Parliament that needs to be passed by both houses of the Australian Parliament and receive assent from the Governor-General before it becomes an official law.
Cross Bench
(Lesson 1)
Members of parliament who do not belong to major political parties. They are either independents or members of minor parties.
House of representatives Roles
(Lesson 1)
introduce bills/make laws - most bills are introduced by ministers to reflect needs of society/for laws
Scrutinize legislation - Less commonly, the lower house may review bills introduced in the senate, debating and amending the bill before passing it to the governor general
Form government - The party with the most seats forms government. In a hung parliament, assistance from independents or other parties may be acquired.
Senate Roles
(Lesson 1)
Act as a house of review - Debates and amends bills introduced in the HoR to reflect states interests
Ensure equal representation for the states - While the HoR has a seat to represent each electoral division, the senate has seats to represent the states so that smaller states are not overpowered in votes
Initiate bills - sometimes occurs, uncommon
Governor General Roles
(Lesson 1)
Grant royal assent - signs a bill on behalf of the king so it can enter action as a law
Suggest amendments to legislation - granted in s. 58 of the constitution but rarely used unless error was made in a bill
Summon the executive council - appointed by the GG and advise the GG on government matters
Victorian parliament structure
(Lesson 2)
bicameral - comprised of two houses
legislative assembly (lower house)
legislative council (upper house)
and the crown, represented by the governor
Governor of Victoria
(Lesson 2)
Margaret Gardner
- grants royal assent to bills and chairs executive councils
Legislative assembly structure
(Lesson 2)
88 seats, one member for each district
- initiates new legislation
- represents the people in lawmaking
- review legislation and propose amendments
Legislative council structure
(Lesson 2)
40 seats, 5 for each of 8 regions
- scrutinize legislation
- initiate legislation
Constitution
(Lesson 3)
the constitution came into action on January first, 1901, and is the founding document of Australia. It outlines the structure of parliament, how the constitution can be changed, the rights of people, and the role of the high court.
Specific powers
(Lesson 3)
specific powers are any areas of lawmaking given to commonwealth parliament by the constitution, that the colonies either gave up or elected to share.
Exclusive powers
(Lesson 3)
Areas that only the commonwealth can legislate on, for example currency, Medicare, and defense.
Concurrent powers
(Lesson 3)
Areas both the commonwealth and the states can legislate on, shared powers. For example, taxation, marriage and divorce, and railway.
Residual powers
(Lesson 3)
S109 of the constitution
(Lesson 4)
section of the commonwealth used to resolve inconsistencies in areas of lawmaking between the states and commonwealth. Basically, if both state and commonwealth have made legislation that contradicts in the same area, then state law is moot.
Inconsistencies between state and commonwealth law
(Lesson 4)
inconsistencies occur when either Cth and States attempt to legislate in concurrent areas, such as taxation or marriage, or when the Cth and states attempt to legislate in their own areas of lawmaking, a conflict still arises.
How S109 resolves inconsistencies
(Lesson 4)
The commonwealth law will prevail, rendering state legislation null and void, only to the extent of the inconsistency. Laws may still be made in that area.
McBain’s case
(Lesson 4)
Heard in the federal court. Mcbain, a doctor, noticed an inconsistency between S8 of the infertility Treatment Act 1995 (Vic) stating only married women or women in a de facto relationship with a man could receive treatment and S22 of the Sex Discrimination Act 1984 (Cth) stating it is unlawful to deny service based on a person’s gender, sex or relationship status. The court ruled in favour of the Cth.
Impacts of S109
(Lesson 4)
- only comes into effect when inconsistency is challenged by a party with standing in an appropriate court.
- Can act as a restriction on States lawmaking powers, as States cannot overrule Cth legislation
- If previously conflicting commonwealth law is changed or removed, the inconsistent part of the state’s legislation may come into effect again.
Section 51 (v)
(Lesson 5)
states that parliament has the power to make legislation pertaining to postal, telegraphic, telephonic, and other like services.
