LA1102 Synth/Online tute week 7 - 2025

1. Which of the following is another name for legislation? (you can select more than one answer)

• Statute

• Case Law

• Act

• Act of Parliament

2. Which of the following statements is correct? (you can select more than one answer)

• An advantage of a Parliament is that it may legislate on an area of law at any time

• An advantage of legislation is that it has the ability to prevent future problems

• Legislation can be retrospective in operation

• Legislative bodies are not proactive in making new laws

3. Section 109 of the Australian Constitution provides:

• that if a statute made by a state legislature is inconsistent with a statute made by the federal legislature the federal legislation shall prevail to the extent of the inconsistency

• that if a statute made by a state legislature is inconsistent with a statute made by the federal legislature the state legislation shall prevail to the extent of the inconsistency

• for the operation of delegated legislation in the states

• for the operation of subordinate legislation in the states

4. Legislation:

• cannot be interpreted by courts

• is subordinate to common law

• can never be changed

• takes precedence over common law

5. A ‘sunset clause’:

• is also called a 'set and forget' clause

• can only be included in federal legislation

• provides that an Act will cease operation after a fixed date

• is the name given to any type of legislation or clause which deals with the environment

6. Which of the following CAN make delegated legislation? (you can select more than one answer)

• A Governor

• The Chief of Staff to the Prime Minister

• A local council

• The Governor-General

7. Delegated legislation:

• is not subject to scrutiny

• is made by a parliamentary enactment process

• is also known as ‘by-laws’

• may not be amended by later statutes

8. Which of the following statements regarding amending legislation is correct? (you can select more than one)

• Amendments can be by substituting, inserting or omitting words or sections within an Act rather than repealing the entire Act

• Legislation can be amended by the judiciary when deciding upon a matter in court

• Complexity of the legislation may require amendment to avoid unintended consequences of the legislation as originally drafted

• Changes in society or technology may require the legislation to be amended to cover the change

9. Where a Commonwealth Act does not explicitly provide for its own commencement, when do Commonwealth statutes come into force?

• 14 days after the date of the Governor-General’s assent

• 21 days after the date of the Governor-General’s assent

• 28 days after the date of the Governor-General’s assent

• 30 days after the date of the Governor-General’s assent

 

10. David sells orchids. The NSW parliament makes a statute which makes it illegal to sell orchids. When David hears of this he immediately stops selling orchids. The statute will operate retrospectively for a period of one year before David stopped selling orchids. Which of the following statements about this scenario is correct?

• David cannot be punished for breaching the law because he stopped when he heard about it

• he statute will not be valid as a referendum was not held to gain its approval

• The statute will not be valid as retrospective legislation has been invalid since the decision in Australian Education Union v General Manager of Fair Work Australia (2012) 246 CLR 117

• David can be punished for breaching the law because of the law's retrospective nature