What Is Statute Law in Australia? The foundation of legal governing principles in Australia lies within the statue law, otherwise referred to as legislation or Acts of Parliament.
This statute law provides a broad scope of regulations from criminal offenses to commercial ones, forming the basis of the country’s legal structure.
This blog post offers a comprehensive look into Australian statute law – what it means, how it’s created, and its relevance in the legal system.
Whether you’re a law student, a member of the public interested in learning more, or someone seeking to gain a fuller understanding of Australia’s laws, this article provides the foundational knowledge you’ll need.
Let’s delve deep into this critical aspect of legislation in Australia, uncovering its complexities and examining its ramifications for society at large.
Introduction to Statute Law
In Australia, statute law, crafted by parliament, is the highest form of law that applies to all citizens. Statute law is necessary for ensuring people abide by the rules.
A notable example of this is in Australia, where it is unlawful to take another person’s life or possessions. Should anyone violate this law, they will be met with government sanctions.
Though a law may be deemed unfair, people are still obligated to comply with it as it reflects the will of the Australian public – Parliament being democratically elected by the nation.
If you find a law that doesn’t suit your views, your best option is to get involved in the political process and try to alter it.
Make sure your voice is heard by voting for candidates who share your opinion on the legislation, or even lead the charge yourself.
Different Types of Statute Law in Australia
The Australian federal government is responsible for creating statute law, more commonly known as legislation or an act.
The process starts with introducing a bill into parliament; this is a suggestion for a new law or modifying an existing one.
The Governor-General grants approval to the bill, thus making it a statute law. This statute takes effect either on the specified date in the act or within 30 days of its assent, whichever comes first.
In Australia, two types of legislation exist: primary and subordinate laws.
Primary legislation involves acts passed by the federal government and State/Territory parliaments.
Meanwhile, subordinate legislation comprises regulations, by-laws and ordinances issued by ministers under delegated powers from primary acts.
Others include. federal and state. Federal laws stem from the constitution, while other legislations are created by the states and territories.
Laws and Regulations Enforced Through Statute Law
Australian law is comprised of statute laws passed by both the federal and state legislatures. The phrase “statute” may also refer to an individual piece of legislation, for instance, the Commonwealth Criminal Code.
In Australia, the Parliament is responsible for generating and enacting statutes.
They form bills which are discussed and voted on by parliamentarians; if approved, they are established as Acts (also known as an Act of Parliament). A similar procedure is followed in State and Territory parliaments.
The day that an Act starts being enforced is known as the “commencement date” and can be determined in the Act itself or declared by the Governor-General or applicable governor.
In some cases, Acts are not brought into effect immediately, but rather have a “delayed commencement”. This means that they only take effect at a later time or under particular conditions.
As an example, the Act in question may not be valid until it has been passed by both the Houses of Parliament and granted due Royal Assent from the Governor-General (also termed “double assent”).
Moreover, if the Act is limited to one state or Territory, it will come into force only when that particular state or Territory endorses it.
Limitations of Statute Law in Australia
There are a number of limitations on statute law in Australia. These limitations include:
The Australian Constitution ensures that the legislative, executive, and judicial branches of government are completely autonomous of each other.
Statute law is solely created by the legislature, while the executive and judicial branches have no authority or power to alter it.
The doctrine of implied limitations is a key principle of constitutional law, asserting that legislative action inconsistent with the fundamental principles of the Constitution are void.
This has resulted in the invalidation of many statutes, such as those that are prejudicial or infringe on personal freedoms.
The common law is an accumulation of judicial decisions, which can both interpret and supplement statuary laws. It may also be employed to countermand or restrict certain statutes.
Australia is a signatory to a range of international agreements, and these can restrict the ability of Commonwealth legislature to pass laws.
Indeed, the Constitution explicitly states that Commonwealth legislation cannot be inconsistent with Australia’s commitment to its international obligations.
What Are the Consequences for Breaking a Statutory Law?
The effects of disregarding Australian statutory law can range, but usually involve one or more of the following: fines, prison sentences and community service.
- The usual consequence for contravening a statutory law is typically a fine, which can range in size depending on the gravity of the offence.
- Breaking a statutory law can lead to imprisonment, with the length of sentence dependent upon the seriousness of the infraction.
- Community service may be imposed as a punishment for minor offences instead of being jailed. The offender is required to work for a specified number of hours in the local community.
- Breaking a law can led to disqualification from certain activities. For example, after being convicted of drink driving, the offender may be prevented from operating a vehicle for a set period.
Benefits of Knowledgeable Person Having About Statute Law
There are many benefits to being knowledgeable about statute law. Here are some of the most important ones:
- You can gain a greater knowledge of your rights and obligations by becoming familiar with statute law. This is the law adopted by legislative bodies, and it functions as the highest authority within a given nation. A thorough comprehension of this type of law will improve your understanding of your responsibilities as an individual in society.
- Understanding statute law can be beneficial when making decisions about your life. It affects various parts of your life, like your job and property rights. Doing so will prevent any potential legal consequences that come with making the wrong choice.
- You can safeguard yourself from legal issues by being acquainted with statute law. It can allow you to dodge discrimination, harassment, and unfairness. Knowing it makes sure your rights are taken into account and safeguards you from injury.
- You can use your knowledge of statute law to help out those around you. You can explain people’s rights and duties to friends and family, or volunteer your time to assist those dealing with legal matters.
Gaining knowledge about statute law has plenty of advantages. You can gain insight into your rights and duties, make wiser decisions for yourself and others, and keep yourself clear of legal issues.
Conclusion
Australian statute law is integral to the country’s legal structure. It informs citizens about their rights and duties, and renders a platform for the building of legislation.
Having knowledge on how this system functions and being adept in its interpretation are significant attributes in understanding the Australian judiciary.
This article will ascertain as a fundamental resource from which to build an understanding of this captivating element of law.
FAQs
1. What is statute law in Australia?
Australian statute law is comprised of laws created by the Parliament, such as legislation, regulations and rules.
2. How is statute law created?
The process of creating statute law in Australia begins with the introduction of a bill into Parliament.
This document then undergoes multiple rounds of discussion and changes before it is approved, constituting an Act of Parliament and becoming part of the country’s legal system.
3. What types of things are covered by statute law?
Statute law is far reaching, covering everything from criminal affairs to consumer rights. It also encompasses civil wrongs, taxation, state benefits, job requirements and duties and environmental protection.
4. How does statute law differ from common law?
The main distinction between statute law and common law is that while the former is established through the legislative process by Parliament, the latter stems from judges’ decisions in court cases.
Furthermore, common law has the potential to be altered or reversed by future court decisions, whereas statute law can only be adjusted via Parliament’s amendment or repeal procedure.
5. What resources can I use to learn more about Australian statute law?
In order to better understand Australian statute law, there are many resources available.
These include books on legal history and theory, online databases of Acts and other legislation, official government websites with information on relevant topics, as well as hotlines for legal advice.