Ans 2. Common law is a source of law which consists of legal rules that are made while deciding a case. It is also known as judge-made law because it is made by judges or case law as it is made from the cases. Court decides cases based on the interpretation of the law made by the Parliament. The court has made various rules to help them in deciding common law cases. This is known as the law of precedent. Australia and all its states follow the common law legal system. The idea of common law has been taken from the British legal system.
i) law-Cunningham v Commonwealth (2016) 90 ALJR 1138
Legislation- Parliamentary Contributory Superannuation Act 1984 (Cth)
The relevant court that will hear the offence is the High Court of Australia.
Ans 8. Victorian Parliament is a bicameral legislature. It has two houses, the legislative Council also known as the upper house and the legislative assembly which is also known as the lower house. The lower house has 88 members and the upper house has 40 members. The governor of Victoria represents the crown. The party which has the support of the majority in Parliament forms the government. It is also known as responsible government as the government is responsible to the Parliament. Similarly, Commonwealth structure includes the Queen who is represented by the Governor-General, and two houses the Senate and the House of Representatives.
The bicameral system of government consists of two houses. The lower house and the upper house. The reason behind having a bicameral form of government is to reduce the concentration of power. Queen Elizabeth is the head of the state. She is represented by Governor-General. The governor is the head of the state of Victoria.
Ans 10. The role of the senate is to give equal representation to the state with less population. It has also been recognized that checks and balances are necessary for the system so that the power is not abused. The senate checks government policy by scrutinizing the bills, delegated legislation, and government policy. Senate has the power to initiate any bill except money bill. The power to make delegated legislation is with the Governor-General. These legislative instruments must be tabled in the senate until it is specifically exempted from presenting it. As a lot of ministers are sitting in the senate, thus the senators can ask a question to those senators on their department. The senator reviews government policies through its standing committees
Ans 12. There is a process to create legislation that starts through a bill. The bill is introduced with the minister presenting a bill and a written explanation of the bill. It also mentions the compatibility of the bill with Human rights. The date for the second reading of a bill is sent. The purpose of the first reading of the bill is to know that what topic they have to debate so they can be prepared for the debate after the first reading. A parliamentary committee is nominated. The purpose of reviewing the bill by a committee is to ensure that whether any changes are to be made to the bill. After the committee report the bill is placed for second reading.
Ans 13. During the first reading of the bill, the date of the second reading is given. In the second reading of the bill, the member gives a detailed explanation of the bill. This is important because it shows the intention of the government regarding a particular bill that has to be introduced. After the explanation is given the bill is debated in the house of the parliament where the bill was introduced. Thus the second reading of the bill is important because the parliamentarians debate on the bill and changes can be suggested based on the reading of the bill. Then the members vote for the bill. After that the bill is passed in one house the same steps are repeated in the other house of Parliament.
Ans 15. The Act selected is the Crimes Act, 1958
Section 63A deals with Kidnaping under the Crimes Act, 1958. The section states whoever detains any person to demand ransom in return for that person to gain for himself or anyone else is said to commit the offence of kidnapping. The maximum punishment for this offence is 25 years and liable for Level 2 imprisonment.
Section 38 of the Crimes Act, 1958 deals with rape. According to this section if any person intentionally penetrates another person. Such penetration is without the consent of another person and he should not believe that the consent was given by the other person. Then such a person is guilty of committing rape. In this case, the maximum punishment is for 25 years
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