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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 Process. Types of Legislation Acts Statutory Rules Proclamations Orders in Council Court rules

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The Legislative Process

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  1. The Legislative Process Outline of Session Introduction Types of legislation Legislation of general application Process for making legislation Legislative resources

  2. The Legislative Process Types of Legislation • Acts • Statutory Rules • Proclamations • Orders in Council • Court rules • Local laws • Other

  3. 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

  4. 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

  5. The Legislative Process Drafting Bills • Formal receipt of instructions • First draft of Bill • Further instructions and drafts • Supplementary AIP • Statute law revision

  6. 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

  7. The Legislative Process Steps before introduction • Party clearance • Non-government parties • Exposure drafts • Introduction print • Minister’s book

  8. The Legislative Process Introduction process • Notice • First reading • Second reading speech • Statement of compatibility • Adjournment of debate • Briefing non-government parties

  9. 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

  10. 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

  11. The Legislative Process Passage of Bill • Government business program • Second reading debate • Governor’s message • Consideration in detail/Committee • Third reading

  12. 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

  13. The Legislative Process Legislative resources • www.legislation.vic.gov.au • www.ocpc.vic.gov.au

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