LEGT1710, Week 1 Lecture

Where there is only one house legislation must pass

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Unformatted text preview: arliament) is the supreme law-maker in reality there is no separation between the legislature (Parliament) and the executive (government) 65 66 Parliament THE FEDERAL PARLIAMENT • In all Australian Parliaments there are Houses of Parliament THE HOUSE OF REPRESENTATIVES THE SENATE upper and lower (except Queensland, where there is only one House) legislation must pass both Houses of Parliament 67 Elected representatives are called Members Elected representatives are called Senators 68 1st Reading 2nd Reading 3rd Reading Parliamentary Draftsman How laws are made? Parliamentary Draftsman draft a Bill. It is then put forward to Parliament by the party/person who wants to see it become law Cabinet Political Party Ministers Department Heads Backbench House of Representatives (Lower House) 1st Reading 2nd Reading 3rd Reading Senate (Upper House) On Proclamation Date the Bill (now called an Act) becomes LAW Voters 69 ‘Typical’ Act Committees Governor General’s consent 70 Delegated Legislation Short title Commencement Objects clause Long title Definitions section: • Delegated or subordinate legislation consists of rules, regulations, bylaws, orders and administrative guides • Does not need to be passed by both houses of parliament • Made by the Governor General on the advice of the Executive • also throughout Act • see also Acts Interpretation Act 1901 (Cth) and of Acts Interpretation Act of various states Headings for each section: • headings don’t form part of the Act but can be used to assist interpretation Sections of the act • can be divided into subsections, paragraphs and subparagraphs 71 72 THE EXECUTIVE Governor General Acts on advice of Prime Minister & Cabinet Prime Minister & Cabinet Government Departments 73 Important Government Agencies for Business 74 Review of Administrative Decisions • Some key examples • • • • Australian Taxation Office (ATO) Australian Securities and Investments Commission (ASIC) Australian Prudential Regulatory Authority (APRA) Australian Competition and Consumer Commission (ACCC) • Judicial Review Administrative Decisions (Judicial Review) Act 1977 (ADJR) Administrative Review Tribunals Administrative Appeals Tribunal or AAT (Commonwealth) Administrative Decisions Tribunal or ADT (State) Their roles • Each agency administers a particular Act(s) • Each agency is responsible/accountable to a particular government Minister • Freedom of Information (FOI) Right to access certain information held by government and semi-government agencies • The Ombudsman 75 76 Next week Next week’s lecture: • The Judiciary the court system the role of the courts the police vs the courts Federal/State courts Court hierarchy Alternative methods to courts • Legal Reasoning • Doctrine of Precedent • Statutory Interpretation • Solving a Legal Problem • Legal Research • TUTORIALS START NEXT WEEK (Week 2) 77 78...
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