Statute Law and its Operation (topic 5)

How many parliaments are there? What are they?

9 parliaments

6 state, 2 territory and 1 commonwealth.

Where does the authority for each parliament to pass legislation come from?

• respective constitutions

• Self-governing legislation

• Commonwealth constitution

What is the preferred source of law?

Legislation (parliamentary sovereignty;

Functions of legislation

• make new law

• amend existing law

• repeal old law

• codify existing law

Which state/territory parliaments are unicameral?

• ACT

• NT

• QLD

Process for bill to become legislation

• presented to the lower house, read twice and voted on

• If passed, goes to upper house and is voted on

• If passed, goes to lower house and is voted on again

• Goes to the relevant governor/administrator/governor general for assent

After how long does federal legislation come into force after assent?

28 days

What is delegated legislation?

Legislation created by people or groups other than parliament. Takes the form of regulations, rules and by-laws.

Reasons for delegated legislation

• Saves parliamentary time

• Allows for technical expertise

• Allows parliament to focus on important matters (rather than council matters)

Amendment titles

Amendments will typically have the same name as the og act + “amendment”

Sunset clause

A set date the act will be repealed automatically written in the act itself.

Main approaches to statutory interpretation

• modern approach

• Common law approach

Tools used in modern approach

• Interpretation acts (Acts Interpretation Act 1901 for federal legislation; depends on jurisdiction)

• Intrinsic materials (long title, objects clause, definition sections, headings and schedules)

• Extrinsic materials (explanatory memoranda, second reading speeches, records of parliamentary debates and more)

Common law approaches

• Literal approach (apply the ordinary meaning of words)

• Golden rule (modify ordinary meaning of words if it creates an absurd outcome)

• Mischief rule (to fix inconsistencies that come from applying the literal rule)