Monday, June 30, 2014

How To Beat Regulation Convictions

Laws versus Regulations

Here is an email from the Legislative Council, it states quite clearly that the regulations mentioned are NOT acts of Parliament.

Another point is laws are drafted as Bills and read in Parliament but Regulations are not...
 
Laws are also given Royal Assent but regulation are not...
A law is a law and a regulation is a regulation that carries the force of law...
Laws are Acts of Parliament and Regulations are made by the Governor in Council...
another point to make is laws are in concrete but regulations usually have a sunset clause and end on a certain date usually 10 years...
The following is an email from Juliana.Duan@parliament.vic.gov.au

May 21

Hi Darren,
Thanks for your email. I've been away the last two days so I apologise for the delay.
The Road Safety Road Rules 2009 are actually not an Act of Parliament.
Section 95D of the Road Safety Act 1986 authorise the Governor in Council to make the Rules.
Effectively this means that the Department of Transport or the relevant agency came up with the Rules.
As Parliament did not participate in the Rule making process, there will be no reference in Hansard on it.
Hope this clears it up!
Kind Regards
Juliana Duan
Acting Senior Chamber Support Officer
Department of the Legislative Council
Parliament House | Spring Street | East Melbourne | 3002
T (03) 9651 8674 | F (03) 9651 8565 | E Juliana.Duan@parliament.vic.gov.au
http://www.parliament.vic.gov.au | @VicParliament | ParliamentofVictoria Channel

End of email
Comments:
• Laws have Royal Assent, Regulations do not!!!
• Acts are laws,
• Regulations are subordinate instruments that have the force of law... (Similar or identical punishment or penalty)...
Legal dictionary
Regulation
A rule of order having the force of law, prescribed by a superior or competent authority, relating to the actions of those under the authority's control.

This is how laws are made! how-a-law-is-made

Source: Supplied

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