Statute law
Laws created by parliament (statute law) have the highest status and must be obeyed by all people.
Federal Parliament makes laws that affect all of Australia.
Each state makes laws that are applicable only in their state. E.g NSW Parliament makes laws for NSW. States can delegate some of their powers to the local councils to make laws that only affect particular suburbs.
The High Court can overturn statute law but only if it is unconstitutional. a constitution is a document that outlines the powers of the parliament.
Federal Parliament makes laws that affect all of Australia.
Each state makes laws that are applicable only in their state. E.g NSW Parliament makes laws for NSW. States can delegate some of their powers to the local councils to make laws that only affect particular suburbs.
The High Court can overturn statute law but only if it is unconstitutional. a constitution is a document that outlines the powers of the parliament.
Role and Structure of parliament
Watch: What is Parliament?
Watch: The Senate
Watch: The House of Representatives
Read: Hot Topics: Government in Australia
Watch: The Senate
Watch: The House of Representatives
Read: Hot Topics: Government in Australia
Legislative process
- All states parliaments (except QLD and the territories) are bicameral.
- Bicameral - containing 2 Houses of Parliament - an upper and lower house.
- ACT - unicameral (one house) it has a lower house called the legislative assembly.
- NSW - lower house is known as the Legislative Assembly. Upper house is known as the Legislative Council.
In Federal Parliament:
- Senate (upper house)
- House of Representatives (lower house)
- The government is formed by the political party that wins the most seats in the lower house.
- Ministers each have a special responsibility.
- Ministers form the Cabinet.
- Cabinet makes decisions on policies and laws to be considered by parliament.
- The Executive Council is made up of the Governor General and selected ministers.
- The Queen must assent (approve or agree to) to laws.
Who represents the Queen in Australia?
Read: Hot Topics - How a law is made.
Read: Hot Topics: Legislature
Read: Hot Topics: The Executive
Watch: Making a Law
Read: Hot Topics: Legislature
Read: Hot Topics: The Executive
Watch: Making a Law
- Most laws are introduced by the party that is in government.
- Bill: a proposed new law.
- Bills are introduced by ministers who are responsible for preparing them.
Delegated legislation
Delegated legislation is legislation made by non-parliamentary bodies.
They are less important laws that the parliament does not have time to draft and pass so it is delegated to 'subordinate' bodies
Types:
They are less important laws that the parliament does not have time to draft and pass so it is delegated to 'subordinate' bodies
Types:
- Regulations - made by Governor General, state governors or members of the Executive Council
- Ordinances - laws made for Australian territories (Norfolk Island)
- Rules - legislation made for government departments
- By-laws - laws made by local councils for that particular area
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