so welcome to the final video of our second topic so in this video we'll look at the parliamentary procedures uh that the bill goes through in order to become law so the conventional flow of leads were processed in australia is that the bill so that's what we call a draft act or a proposed law in the terminology of the constitution must pass through both houses of parliament or one house in a unicameral system and be presented to the government general for royal assent so the bill is introduced into the house of parliament by a member of parliament however individual members may also introduce a private member's bill so and these bills are commonly all of the bills are commonly accompanied by explanatory memorandum which are produced by the minister or the minister's department uh which provides an explanation of the policy reasons for the bill and the summary of its contents at this stage relevant stakeholders like community groups business or lobby groups affected by the bill may be interested in suggesting changes to the bill and they can approach the members of parliament with these suggestions the commonwealth entered in most states other than queensland have an upper house of review now the process for the passage of a bill in the commonwealth parliament involves reforming processes and we'll look at them in pretty much like quite substantial detail in this video so there's a drafting and the introduction of the bill in parliament accompanying bill is an explanatory memorandum the bill is read and subsequently debated the second reading speech contains an explanation of the purpose of rationality the bill the process of debate may result in amendments at the stage uh after the final reading or the third reading of the bill it's a formality um the bill is passed to the government general foreign sent and so we'll have a look at these um in turn more specifically so how now let's have a look at the exact steps required for the bill to become law let's start from the backstage so ideas for new laws can originate from many different places government but governments can develop ideas for laws as part of its national agenda or its election agenda uh or to enact its election promises some proposals originate to the government departments and relate to administrative matters ideas from new laws may also come from representative groups public opinions polls committees media the individuals advisers and public services for example recently the case of the murder so the quadruple murder of hannah clark and her family by her husband has called for law reform to include restraining facebook as part of of um coercive actions um that should be criminally criminalized under domestic violence legislation so right now a domestic violence bill is underway to propose criminalizing criminalizing other forms of coercive control so that's a good example or a recent example of how a bill ideas for bills can occur at the backstage or preliminary stages an explanatory memorandum is a document that accompanies the bill and this is an important document because it's relevant to your consultation of extrinsic materials later in this course um so there these are prepared at the time bill is written that accompanies its submission through parliament so it's kind of like an attachment um an explanatory memorandum basically provides background as to why a law is needed what is what it is meant to achieve and what different parts of the bill are intended to these should be usually precise but also quite informative so let's have a look at the steps now of um how the process of well-becoming law and these steps have to be followed by convention so it's parliamentary convention and that is a formality that has to be adhered to or observed in autophobia to become law so giving notice of the bill in the first stage for government bills the minister introduces the bill into parliament gives written notice of her intentions to do introduce the bill uh into parliament for the next sitting day so these notices are written in advance or notifications of bills or motions may be presented to parliament and need to be signed and lodged during proceedings so nearly all bills will start in the house of representatives so 95 rather than the senate uh some bills can start in the senate um but are rare and however there is an exception to even this um so there's an exception to a bill originating in senate and those bills are related to finances and budgetary concerns that fund the government so things like appropriation bills or taxation bills cannot originate in the senate as we shall soon see the bill has a short title and a long title and we'll look at this we'll discuss this um at the end of this video when we look at the form of the bills and each has intrinsic significance to statutory interpretation and that will be discussed in week six so that's important to note in advance so the first reading is where the short title of the bill is read out in the house by the clerk and the clerk then stands and read out the long title of the bill um copies of the bill with explanatory memorandum are then handed to all members of the parliament and the bill is also made available to the public on its official parliamentary website so www.aph.gov dot a u slash bills the second reading speech is where and then takes place is where the minister makes a second reading speech and in the speech the minister explains the purpose of the bill and the provisions within it and after the second reading speech occurs discussion of the bill is adjourned for another city of parliament allowing title members of the house and the public to consider the terms of the bill and explain to a memorandum the second reading of the second reading debate is what follows the second reading of the bill where the subject matter of the bill is discussed by the lower house and during this debate arguments foreign against the bill are patrolled and the opposition at the stage may explain its reason for opposing the bill um like the the moving of the bill forward during this time the votes then takes place which refers to where the bill after the bill is debated the minister will move a motion um that a vote be taken for or against the bill in the house so once voted in the bill then moves to the next stage which involves detail examination of its provisions at this time multiple three millions are discussed and um may be discussed at the same time sometimes if the bill need not be examined and detailed by the house the bill may be agreed to wholly and this is usually a case where the bill is technical limited in scope or whether the members of the parliaments agree that the bill does not require debating it's more rare the third reading of the bill for parliament is usually just a matter of formality so there is generally no debate at this stage of the bill and once the motion is agreed to the clerk will read out the long title bill signifying the conclusion of the bill's passage through the house at this point the bill is passed on to the senate and at this point the clerk of the house signs a certificate and attaches it to bill and the bill is then printed for the members of the senate now sometimes bills are referred to for detailed consideration outside the house of parliament and this is typically the case where there is a need for detailed or technical consideration of the bill and this may become a useful extrinsic material um later in the process statutory interpretation so now that the bill has passed through the house the lower house it will go through the upper house to the senate bill's passage through the senate now let's have a look at what occurs at this stage now this is very similar the process is very similar to what occurs at the house of representative state so the bill um where the disagreement occurs between the house of representatives and the senate on a bill it can lead to a double distribution of parliament in such cases though they have been rare in australian history they have occurred um a good example is vergos woodland um and his leading officer so in that case and where this occurs the governor general dissolves both houses of representatives and the senate and then the bill is laid aside so that's basically um the upper house um and the lower house is saying so after all these processes have been adhered to the royal ascent occurs and this is the final step in the legislative process and one that marks the bill becoming officially law and it is known as sent this step only occurs after the bill has passed both houses in identical form and has been checked and certified by the clerk of the house at that point the bill is presented to the governor general who's to state and they always do by convention that they sent to the act it is at that point that the bill becomes an official act of parliament so then when does the act come into effect most acts contain a commencement provision which states the date to which the act comes into effect the provision may specify that the commencement is the date on which the act receives a sent or it could be the date fixed by proclamation published in the gazette or another specific date if there is no commencement provision in the act the actual is seems to come into operation on the 28th day after it receives a sent sue into section 3a of the act interpretation act of 1901 uh commonwealth so we now finish off the video with an overview of the format structure of the bill and these component parts are usually translated when the bill uh from the bill to the act when it becomes on the day of sent but also it's relevant for us when we're doing our intrinsic uh material assessment later on in such a interpretation and we'll have a look at that in more detail in um weeks six and seven so keep a note of that so the form of the bill the content of the bill is prepared in the exact form of the act as it is intended to become bills usually take the form as we viewed in slides last week but not all parts are central to every bill so we've got the following parts in a parliamentary study the short title there's a convenient name to that so it's it's the label which is just an identification and indexing it's a short version of the title it basically does not have much of a description of the act itself um but it could include the word amendment in the short title um if it's been amended uh when a session of the parliament extends over two or more calendar years and the bills introduced in one year are not passed until an ensuing year the year in the citation of the bills altered to the year in which the bill finally passes both houses this normal amendment may be affected before transmissions presented after passing a bill by the house um so there's a long title so every bill begins with a long title which sets out in brief terms for purposes so this is a little bit more informative and elaborate in the short title um and it basically shows the purpose that the bill is trying to achieve and the scope of the bill the words commencing in the wrong title are usually either a bill for an act two or a bill for an act relating to and the term the long title is used to distinguish from the short title um and we can have a look at that in more depth but it's it's yes difficult arises questions can arise regarding a long tail um when it the bill is withdrawn or the clause is full with the scope of bill as defined in the long title so that can happen with the wrong title between bill and the date of oil sent royal center most bills uh they have a provision as the date for which it has taken effect sometimes differing commencement provisions are made for various provisions of the bill and when this is the case modern practice is to set the details out um in a table where the bill has commencement clause it is usually exposed to and the day on which that comes into operation is usually described in one of the following ways the day on which the act proceeds sent a date or dates to be fixed by proclamation requiring executive council action the proclamation is then published in the desert a particular date perhaps retrospective or a day of stipulated event the day of ascent or related act um may be conditional to be commencement a combination of the above can happen so an act may come into effect according to its commencement cause have its practical operation postponed for example pending a date to be fixed by proclamation it's also possible for provisions to operate from the day um declared by regulation so it can be an issue sometimes enacting words now this social paragraph which precedes the causes of bill and the current words of the american doctor as far as the parliament australia enacts um the words of enactment have changed several times since 1901 sections and subsections causes may divided into some causes subclauses may be divided into paragraphs and paragraphs into subparagraphs large bills are derived divided into parts which may be further divided into divisions and subdivisions when a bill has become an act that is after it has received a sent clauses are referred to as sections so there's a definition section a definition or interpretation clause traditionally located in the earlier part of the bill sets out the meaning of certain keywords that run throughout the bill um and definitions may also appear elsewhere in the bill um until amending bills will be included in schedules at the end of some bills there may be a dictionary clause defining asterisk terms cited throughout the bill paragraphs traditionally substantive provisions of bills were contained in remaining clauses this is still the response this is still the respect uh the practice in respect of original or parent legislation but in the case of girls containing amendments to existing action modern practices have only minimal provisions in the clauses such as short title and commencement details and to include the substantive amendments in one or more schedules now marginal notes now previously elements such as marginal notes footnotes endnotes and clause headings were not taken to be part of the bill the following amendments to the act interpretation act in 2011 all materials from and including the first clause of the bill to the end of the last schedule to the bill is now considered to be part of the bill and later the act so schedules historically schedules have been used to avoid cluttering a bill with detail or with material that would interfere with the readability of clauses in the earlier times amending bills would commonly include schedules setting out the amendments that because their nature could more conveniently be stood out and scheduled rather than the causes of the bills and so that's continued on preamble so like a long title a preamble but not all bills have this and not all acts have this but the ones that do it's a um the function of the preambles to state the reasons why the enactment proposed is desirable and to state the objects of the proposed legislation but now it's comparably rare in its incorporation of estimated performance so that ends the important the discussion of the important parts of the bill which will later become an act and all of these uh sections or struct forms or parts of the bill are relevant to our consideration in the statutory interpretation process in order to find meaning so thank you for joining me this thank you