The statute law is on another view less flexible than

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The statute law is on another view less flexible than the judge-made law. To create it, a stipulated and reasonably involved procedure centring on parliament must be followed. (Delegated legislation can be created more readily, provided there is an appropriate statutory authority in the first place.) Moreover, once an Act is on the statute book (to use the commonplace phrase), it can be repealed or amended only by another Act of Parliament. lvi
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CO5119:03 Business Law SUBJECT MATERIALS >> SCHOOL OF LAW JAMES COOK UNIVERSITY The courts cannot change it, even if it proves to be unsound in some respect, because of the primacy of statute law over the courts. (The courts can, however, blunt the effect of legislation by a process of statutory interpretation. The topic of statutory interpretation is dealt with below.) Today, it is regarded as inappropriate for the common law courts to create quite new heads of liability, in particular crimes or, for that matter, to make other sweeping changes to the common law. This is regarded as being the province of parliament alone. Once drafted, the proposed statute is presented to parliament (introduced into parliament), usually by the government, but exceptionally, by a private member (thus the distinction between government and private members’ bills). The proposed law is referred to as a ‘bill’ until it is passed by both houses of parliament (assuming there are two: although there is only one in Queensland) and receives the Royal Assent. It is then known as an ‘Act’. The new Act operates from the time fixed within it, if one is fixed - it is not unknown for the Act to contain a clause to the effect that it shall operate from a date to be proclaimed. Otherwise more general principles or legislative provisions will operate. At the Commonwealth level legislation operates from the day 28 days after Royal Assent has been given. In the States the operative date is the date of assent. The Act takes a distinct form. The substance of it is found in numbered rules termed sections. Sometimes these sections will be divided into subsections, sub-subsections and so on. The sections may be divided into parts and divisions (a sub-part). When a bill is introduced into a house of parliament it goes through what are called three readings. The first reading is a formality - the clerk of the house reads the name of the bill, it then being moved that it be read a first time and printed. If this motion is passed, the second reading eventually takes place. The bill may be debated at this time, although such debate will deal with general aspects rather than the fine detail of the document. If the house approves a motion for a second reading, the bill then goes to the committee stage. The committee may be a select or standing committee of the house or the whole house sitting as a committee (in which capacity it is presided over by the chairman of committees). The bill is then, if the committee desires it, subject to detailed consideration and amendment. After this process, the bill, if approved, or in the form approved, is reported to the house. The house may accept the report as it is or amend it.
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