Damon Mcknight
One of the main roles of the Australian Parliament is to make laws for the people of Australia. A bill is a proposal for a new law or a change to an existing one. A bill becomes a law if it is passed in identical form by both the House of Representatives and the Senate and given Royal Assent by the Governor-General. This process can take months or even years, but most bills take 2 to 3 months. Over 100 bills are introduced into Parliament each year, and about 90% of government bills are passed into law.
| Characteristics | Values |
|---|---|
| Number of bills introduced into Parliament each year | Around 200, Well over 100 |
| Percentage of government bills passed into law | 90% |
| Who can introduce a bill | Government ministers, members of parliament |
| Who drafts the bills | Public servants on behalf of ministers, Office of the Chief Parliamentary Counsel |
| What is the bill called when introduced by a government minister | Government bill |
| What is the bill called when introduced by a member other than a minister | Private member's bill |
| Where are most bills introduced | House of Representatives |
| Where are money and taxation bills introduced | House of Representatives |
| Who examines all bills introduced into Parliament | Joint Committee on Human Rights |
| Who gives Royal Assent | Governor-General |
| What is a bill called after it receives Royal Assent | Act of Parliament |
| What is the bill-making process called | Passage of Legislation |
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What You'll Learn
How a bill becomes a law
A bill is a proposal for a new law or a change to an existing one. A bill can be introduced by a government minister, in which case it is known as a government bill, or by another member of parliament, in which case it is known as a private member's bill. Most bills are introduced by government ministers and are first drafted by public servants on their behalf. Bills can originate from various sources, including party policy, suggestions by senators or members, or community groups.
Once a bill has been drafted, it is introduced into Parliament, usually in the House of Representatives, and then sent to the Senate. Bills may start in the Senate, except for money and taxation bills. The minister or member who introduced the bill makes a speech explaining its purpose, known as the second-reading speech. After this, the bill is made public, and debate is adjourned for a period, usually two weeks. This gives members time to read the bill, consult with their community, and consider their response.
When the bill is next debated, members can make speeches for or against it. At the end of the debate, members vote on whether the bill should go to the next stage. The bill is then examined clause by clause, and members can ask questions of the minister or member responsible for the bill. They vote on each clause, and members may propose amendments, which are also voted on. This stage may be skipped.
If the Council passes the bill with amendments, it is sent back to the Assembly for reconsideration. Another vote is held as a final check to ensure a majority of members still approve of the bill. If the bill is passed by both the House of Representatives and the Senate in identical form, it is then presented for Royal Assent by the Governor-General. Once Royal Assent is received, the bill becomes an Act of Parliament and is law. The new law comes into force on the date included in the Act or, if no date is given, 28 days after Royal Assent.
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The role of the House of Representatives
The House of Representatives plays a crucial role in the law-making process in Australia. Most bills are first introduced in the House of Representatives before being sent to the Senate, as they must be passed in identical form by both houses to become law. This is because money and taxation bills cannot originate in the Senate.
A bill is typically introduced by a government minister, who gives written notice to the Clerk of the House, and makes a speech explaining the bill's purpose, known as the second-reading speech. After this, the bill is made public, and debate is adjourned for two weeks. Members can then consult with their community before the bill is debated, and members vote on whether the bill should progress to the next stage.
During the next stage, the bill is examined clause by clause, with members able to ask questions of the minister or member who introduced the bill, and votes are held on each clause, with members able to propose amendments. If amendments are made, the bill is sent back to the Assembly for reconsideration.
The House of Representatives must then consider any amendments made by the Council and vote on whether to accept them. If agreement cannot be reached, the bill will be laid aside. If the bill is passed by the House of Representatives, it moves to the Senate, where the process is repeated.
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The role of the Senate
The Senate plays a crucial role in the law-making process in Australia. While most bills are first introduced in the House of Representatives, they must also be passed by the Senate in identical form to become law. This is because the Senate represents the states and territories of Australia, ensuring that their interests are considered in the law-making process.
The Senate has several key functions in this process. Firstly, it can initiate bills, although money and taxation bills cannot start in the Senate. Senators can propose bills based on their own ideas or suggestions from community groups, businesses, and lobby groups. Senators can also introduce private senators' bills, which are bills introduced by individual senators rather than by the government.
Secondly, the Senate scrutinises and debates bills. Senate committees investigate bills, hold public hearings, and seek feedback from Australians to ensure that proposed laws are thoroughly examined before passing. This process can take months or even years, depending on the complexity and urgency of the bill.
During the debate stage, senators can make speeches for or against the bill, proposing amendments and voting on each clause. If the Senate passes the bill with amendments, it is sent back to the House of Representatives for reconsideration.
Finally, the Senate must approve the bill in identical form as the House of Representatives for it to become law. If there is disagreement between the two houses, negotiations may take place to reach a compromise. Ultimately, both houses must agree on the bill's content for it to pass.
The Senate, therefore, plays a vital role in Australia's law-making process, ensuring that laws are carefully considered, debated, and approved by representatives of the states and territories.
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The role of the Governor-General
The Governor-General plays a crucial role in the process of law-making in Australia. Appointed by the Queen as Her Majesty's representative, the Governor-General is responsible for providing Royal Assent to a bill, which is the final step in the legislative process. Without Royal Assent, a bill cannot become a law.
Once a bill has been introduced and passed by both the House of Representatives and the Senate, it is presented to the Governor-General for Royal Assent. The Governor-General cannot refuse to give Royal Assent for political or personal reasons, ensuring the impartiality of this office in the law-making process.
The process of obtaining Royal Assent is a significant step as it signifies the transformation of a bill into an Act of Parliament, making it a law of Australia. This step is often accompanied by a ceremony that underscores the importance of the occasion. The ceremony may include the presence of members of Parliament, senators, and other dignitaries, highlighting the collaborative nature of law-making in Australia.
While the Governor-General's role in Royal Assent is essential, it is not the only contribution to the legislative process. The Governor-General also has the power to dissolve Parliament, which can impact the progress of bills under consideration. This power is typically exercised when there is a deadlock or significant dispute among members of Parliament, and it leads to an early general election.
In summary, the Governor-General's role in law-making in Australia is primarily focused on providing Royal Assent to bills. This role carries significant weight as it finalises the legislative process and transforms proposals into laws that govern the country. The impartiality and ceremonial aspects of the Governor-General's responsibilities underscore the importance of this office in Australia's parliamentary democracy.
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The process of drafting a bill
The Office of the Chief Parliamentary Counsel drafts the wording for all bills. Bills are then introduced in parliament by government ministers or other members of parliament. Most bills are first introduced in the House of Representatives, except for money and taxation bills, which cannot be introduced in the Senate. For government bills, the responsible minister introduces the bill, while bills introduced by other members of parliament are introduced by that member.
After the bill is introduced, the minister or member who introduced the bill makes a speech explaining its purpose, known as the second-reading speech. The debate on the bill is then adjourned to give members time to read the bill, consult with their community, and consider their response. This adjournment period typically lasts two weeks.
When the bill is next debated, members can make speeches for or against it. At the end of the debate, members vote on whether the bill should progress to the next stage. The bill is then examined clause by clause, where members can ask questions of the minister or member responsible for the bill, and they vote on each clause. Members may propose amendments to the bill, which are also voted on. This stage may be skipped if no amendments are proposed.
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Frequently asked questions
The first step is to draft a bill, which is a proposal for a new law or a change to an existing one. Bills can be introduced by government ministers or other members of parliament.
The minister or member who introduced the bill makes a speech explaining its purpose. This is called the second-reading speech.
Debate on the bill is adjourned, giving members time to read the bill, consult with their community and consider their response. This usually lasts two weeks.
When the bill is next debated, members can make speeches for or against it. At the end of the debate, members vote on whether the bill should go to the next stage.
It can take months or even years for a bill to become law, but most bills take 2-3 months.
