Overview
This lecture outlines the parliamentary procedures a bill follows to become law in Australia, including each legislative step and the structural components of a bill.
Legislative Process Overview
- A bill is a draft law that must pass both houses of Parliament (except in Queensland) and receive royal assent to become law.
- Most bills are introduced by a government minister, but private member's bills are also possible.
- Bills are usually accompanied by an explanatory memorandum explaining the bill's purpose and content.
Origin and Drafting of Bills
- Ideas for bills can originate from government agendas, election promises, departments, committees, or public pressure.
- Explanatory memoranda provide the background, objectives, and explanation for the bill's provisions.
Parliamentary Procedure for Passing a Bill
- Notice of intention to introduce a bill is given, usually by a minister.
- Most bills start in the House of Representatives; financial bills cannot start in the Senate.
- The first reading involves reading the bill’s short and long titles and distributing copies.
- The second reading includes a minister's speech explaining the bill and is followed by debate and possible amendments.
- A vote occurs after the debate, and detailed examination may follow if required.
- The third reading is usually a formality and signals passage through the originating house.
- The bill then proceeds to the other house (usually the Senate) for a similar process.
Upper House Consideration and Disagreements
- The Senate reviews the bill; disagreements between houses can lead to a double dissolution of Parliament.
- Once both houses agree on the bill, it is presented to the Governor-General for royal assent.
Commencement of an Act
- An act usually contains a commencement provision specifying when it comes into effect.
- If unspecified, acts commence 28 days after assent based on the Acts Interpretation Act 1901 (Cth).
Structure and Components of a Bill
- Short title: brief label for identification and citation.
- Long title: sets out the bill’s purpose and scope.
- Commencement clause: details when the act takes effect.
- Enacting words: formal statement of Parliamentary authority.
- Clauses and sections: set out substantive provisions, definitions, and other details.
- Schedules: include complex amendments or detailed provisions.
- Marginal notes, headings, and schedules are now considered part of the act.
Key Terms & Definitions
- Bill — A draft law proposed to Parliament.
- Explanatory Memorandum — Document explaining the purpose and details of a bill.
- Royal Assent — Governor-General's formal approval for a bill to become law.
- Short Title — Brief label for a bill or act.
- Long Title — Detailed statement of the bill’s purpose and scope.
- Commencement Provision — Section specifying when an act takes effect.
- Double Dissolution — Dissolution of both houses of Parliament due to legislative deadlock.
Action Items / Next Steps
- Review statutory interpretation and the significance of a bill’s structure in future classes (weeks 6 and 7).
- Note the importance of extrinsic and intrinsic materials for interpreting legislation.