A motion will then be put for the third reading of the bill Debate in general

A motion will then be put for the third reading of

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A motion will then be put for the third reading of the bill. Debate in general terms may again be conducted if the members desire this. The bill is not subjected to detailed amendment at this stage. If this is desired it must be referred back to the committee. If the motion for the third reading is approved, the bill is regarded as having been approved by the house. In a bi- cameral legislature, it will go to the other house for passage or rejection. Otherwise it will go to the Governor or Governor General for the Royal Assent. Today, Acts are referred to by their name (or such abbreviated name as may be spelt out in the Act), followed by the year and then, in brackets, the name of the jurisdiction - for example, the Customs Act 1901 (Cth). They may also be referred to by number for example, Act No 23 of 1981, with the jurisdiction being identified. 2.3.2 Subordinate or delegated legislation Subordinate legislation is known also as delegated legislation, regulations, rules, orders, by-laws (usually in the local government context) and so on. It is legislation made under the authority of an Act of Parliament by an authorised person or body. The role of subordinate lvii
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CO5119:03 Business Law SUBJECT MATERIALS >> SCHOOL OF LAW JAMES COOK UNIVERSITY legislation is to fill in the details of the relevant Act. Its role recognises that it may not always be practicable to draft a wholly detailed Act that never needs supplementing by ‘fine grain’ legislation. Other considerations are relevant to, in particular, the need to routinely change provisions in a statutory scheme because of circumstances that change in detail but not in basic principle. Changing money values provide an illustration - regulations may provide for relatively straightforward amendments to financial jurisdictional limits imposed on courts or tribunals. The person or bodies authorised to create or at least to initiate delegated legislation vary widely. It may be a government department (acting under the name of the minister) or a statutory authority such as an electricity commission or a local government body or the Governor in Council or Governor-General in Council. The procedure for the creation of delegated legislation will be as prescribed in legislation, most obviously, by the statute to which it relates (although more general provisions are found in certain statutes). These procedures mostly fall into some standard patterns. It may be required, for example, that the proposed regulations shall lie before each house of parliament for 15 days after making, thus affording the parliament a supervisory role (see s 48(3) of the Acts Interpretation Act 1901 (Cth)) or the Governor (General) in Council may be granted this power. Usually, it will be required that the regulation be published in the Government Gazette. Obviously it must he published in some form. The subordinate legislation must be within the scope of the law-making authority conferred by the Act concerned. If it goes beyond this it will be ultra vires (beyond scope) and void; otherwise it will be said to be intra vires and valid. It is for the court to rule on such a challenge to delegated legislation.
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