The Passing of a bill through
parliament
BILL
ACT
TYPES OF BILLS
Government Billsproposed by ministers (guaranteed to pass through the lower
house)
Private members’ billsusually introduced by opposition members or government
backbenchers (often controversial ie: abortion, euthanasia,
and often fail-voted down by the lower house- because they do
not have the backing of cabinet.
Money or appropriation billsany bill that involves government spending or raising taxes.
HoR ONLY. Senate may not amend, but can send back to
HoR to amend
TYPES OF BILLS
Private billsvery rare- introduced by government and only applies to
one person or group.
eg. The Commonwealth Protection Act 1990 (Vic.) was
a private bill that only applied to one prisoner named
Gary David (aka Gary Webb). Gary was a prisoner
who made crazy threats such as blowing up the MCG
on Grand Final day. The act was introduced to hold
him is prison. This is not ideal. Since 1990, the act
has been amended to deal with such violent prisoners,
by introducing an act re: ‘indefinite sentencing’
FINDING LEGISLATION
Hansard reports which contain records of
parliamentary discussion of bills can be found at:
Victorian bills: www.parliament.vic.gov.au
Commonwealth bills: www.aph.gov.au
Current legislation can be viewed at:
Vic: www.legislation.vic.gov.au
Commonwealth: www.commlaw.gov.au
While any member of parliament may draft an
initiate a Bill that proposes a change to the law,
most legal changes are suggested by Cabinet.
Cabinet is the government policy-making body that
is made up of senior ministers and the Prime
Minister (Premier on state level). Cabinet is not
mentioned in the Constitution, but is a convention
Australia retained from British law.
PARLIAMENTARY COMMITTEES
The question of a need to change in the law could
have been considered by a parliamentary
committee. Parliamentary committees can be
composed of members of one house only or a joint
committee of both house of parliament. They must
be standing committees that are in existence for
the life of the parliament, which are charged with
an ongoing check on their particular area of
interest, or they could be a select committee
appointed to investigate a specific issue.
Parliamentary committees conduct inquiries into
specified matters and report their findings back to
parliament for it to consider.
PARLIAMENTARY COUNSEL
Once the desired content of the Bill has been
determined, Cabinet (relevant ministers) will brief
a parliamentary counsel, of about 35
professional ‘bill drafters’
They act on the advice of the ministers and draft
the legislation. The office of Parliamentary Counsel
consists of lawyers who work for parliament and
are able to use their skills in using legal language
and specialised legal knowledge when drafting
legislation.
Bill
1. Notice of
intention
5. Third
reading –
debate on
content
Voting on bill
Bill passes
first house
2. First
reading
(clerk)
Copies
distributed to
MPs
6. Second
House
Bill undergoes
same process
3. Second Reading
‘Second Reading
Speech’ by MP
responsible for the
introduction
Debate and vote
7. Certification
Clerk certifies after passed
through both
houses
4. Consideration in
detail/committee
stage
**optional**
Examined in detail
8. Royal
Assent
Crown’s
representative
Signs off on
Bill
9.
Proclamation
In Australian
Gazette
Act
Introduction/Notice of Intention
The MP responsible for the Bill gives notice of
their intention to present the Bill when
Parliament next sits.
The first reading
The first reading is the Bill’s formal introduction.
The member must present the Bill to the house.
The ‘Long title’ is read out. There is no
discussion or debate. Copies are circulated to all
members of the house. The contents of the Bill
are made known. At this time the Bill may move
immediately to the second reading or a future
date for a second reading is set.
Second Reading
The minister will deliver a speech outlining the purpose, function
and broad objectives of the Bill, called the second reading speech.
In Victoria, this speech must begin with a statement of
compatibility, stating whether the Bill is compatible with the
Victorian Charter of Human Rights and Responsibilities.
Members study the Bill and its effects. A Bill is then often referred
to a committee for scrutinising.
The Second reading debate then occurs, commencing with the
opposition’s response to the Bill. This is usually the most
substantial debate on the general principles of the Bill takes place.
A Vote is taken to determine whether to continue with the Bill.
Consideration in detail/Committee Stage
The Speaker of the Lower House or President of
the Upper House leaves, and is replaced by the
Chairman of Committees. An informal discussion
of the Bill takes place where it is examined in
detail, clause-by-clause, and amendments are
made and voted upon. This stage can be
bypassed if the members agree that the Bill
does not need to be examined in detail.
Third Reading
The long title is read again and there may be some
debate on the content of the Bill. Voting on the
Bill. If it passed the first house, the clerk again
reads the long-title of the Bill to signify that the Bill
has finally passed the House.
Bill passes the first house and proceeds to the
second house
Second House
The Bill goes through the same procedures as the
original house:
•Initiation and First Reading
•Second Reading
•Committee of the Whole/Committee stage
•Third Reading
•Vote on Bill
Any amendments made in the second house must be
communicated to the first house, and the Bill in its new
form needs to be passed in the first house. The Bill
must be passed in the same form in both houses.
Certification
The clerk of parliament certifies the bill after it
has passed through both houses of parliament.
Royal Assent
Bill is checked and signed by the Queen’s
representative-the Governor-General (at Federal
level) or the Governor (at state level)
Proclamation
Proclaimed in the Commonwealth of Australia
Gazette, and the date given of when the act will
come into effect. (If not stated, the act comes
into operation 28 days after royal assent)
*Remember!*
It is parliament, not government, that passes
Bills to become Acts. Bills must proceed
through all three parts of parliament: the
Lower House, the Upper House and the
Crown. Government is only a subset of
parliament. It may formulate policy, but does
not, by itself, make laws.