Overview of Australian Law and Legislation

Introduction

• Law governs everyday life: posting letters, driving, renting, contracts, etc.
• Australian law based on English law since 1788.
• Indigenous Australian laws were not recognized.

Sources of Law

• Two main sources: Parliament and Courts.
• Parliament is the primary source.

Structure of Parliament

• Australia is a federation: federal and state/territory laws.
• Each state was independent until federation in 1900.
• Jurisdiction: scope of power and geographic coverage.

Federal Parliament

• Composed of the House of Representatives (lower house) and the Senate (upper house).

State Parliaments

• Example: New South Wales has the Legislative Assembly (lower house) and the Legislative Council (upper house).

Legislative Process

• Legislation starts as a bill.
• Introduced, typically in the lower house, by a member of parliament.
• Three readings: first is the title, second involves detailed explanation and debate.
• If passed by majority, moves to the other house.
• Becomes an act once passed by both houses and receives assent from the governor or governor-general.

Naming and Numbering

• Act receives a name and a date/year: e.g., Crimes Act 1900.
• Acts are numbered within the year of passage.

Amendments and Consolidation

• Acts change with time; amended to reflect societal changes.
• Current versions with amendments are Consolidated Acts.

Jurisdiction of Law

• Section 51 of the Constitution outlines federal laws.
• Non-listed items fall under state jurisdiction (e.g., pets, traffic fines).

Harmonization and Referral

• Harmonization: Uniform laws across states (e.g., Australian Consumer Law).
• Referral: States can delegate law-making to the federal government.

Delegated Legislation

• Delegated Authority: Parliament can authorize others to make laws (e.g., regulations).
• Regulations allow swift legal changes, like in Immigration Law.
• Regulations are reviewed but not debated like acts.

Conclusion

• Australian law is inherited from English law.
• Laws created by parliaments, influenced by Section 51.
• Harmonization/referral for uniform laws.
• Delegated legislation is a significant legal source.