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The Legislative Process. Outline of Session Introduction Types of legislation Legislation of general application Process for making legislation Legislative resources. The Legislative Process. Types of Legislation Acts Statutory Rules Proclamations Orders in Council Court rules

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Presentation Transcript
The legislative process

The Legislative Process

Outline of Session

Introduction

Types of legislation

Legislation of general application

Process for making legislation

Legislative resources


The legislative process1
The Legislative Process

Types of Legislation

  • Acts

  • Statutory Rules

  • Proclamations

  • Orders in Council

  • Court rules

  • Local laws

  • Other


The legislative process2
The Legislative Process

Legislation of general application

  • Constitution Act 1975

  • Interpretation of Legislation Act 1984

  • Charter of Human Rights and Responsibilities Act 2006

  • Sentencing Act 1991

  • Financial Management Act 1994

  • Infringements Act 2006


The legislative process3
The Legislative Process

Authority to prepare legislation

  • Setting the Legislative Program

  • Approval in Principle Submissions

  • Drafting Instructions

  • Clearances with relevant Ministers

  • Cabinet committee consideration

  • Business impact assessment

  • Cabinet consideration of AIP

  • Sending Drafting Instructions


The legislative process4
The Legislative Process

Drafting Bills

  • Formal receipt of instructions

  • First draft of Bill

  • Further instructions and drafts

  • Supplementary AIP

  • Statute law revision


The legislative process5
The Legislative Process

Finalising the draft Bill

  • Drafter settles:

    • Explanatory memorandum prepared by instructor

    • Section 85 statement prepared by instructor

  • Finalising Bill for Cabinet

  • Statement of compatibility

  • Bill at Cabinet submission

  • Amendments after Cabinet


The legislative process6
The Legislative Process

Steps before introduction

  • Party clearance

  • Non-government parties

  • Exposure drafts

  • Introduction print

  • Minister’s book


The legislative process7
The Legislative Process

Introduction process

  • Notice

  • First reading

  • Second reading speech

  • Statement of compatibility

  • Adjournment of debate

  • Briefing non-government parties


The legislative process8
The Legislative Process

Scrutiny of Acts and Regulations Committee

  • Functions

  • How the committee operates

  • Alert digests (www.parliament.vic.gov.au/sarc)

  • Examples of provisions that may attract adverse comment


The legislative process9
The Legislative Process

Scrutiny of Acts and Regulations Committee-

Examples of provisions that may attract adverse comment:

  • Open commencement dates

  • Wide delegation powers

  • Subordinate legislation-making powers

  • Appointments not by Governor in Council

  • Retrospective legislation

  • Supreme Court limitations

  • Charter issues


The legislative process10
The Legislative Process

Passage of Bill

  • Government business program

  • Second reading debate

  • Governor’s message

  • Consideration in detail/Committee

  • Third reading


The legislative process11
The Legislative Process

Commencement of legislation

  • Royal Assent

  • Proclamation

    • Day or days to be proclaimed

    • Cannot be revoked

    • Cannot be retrospective

    • Settling form

    • Making and publishing


The legislative process12
The Legislative Process

Legislative resources

  • www.legislation.vic.gov.au

  • www.ocpc.vic.gov.au


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