Omari Gates
An Act of Parliament in Australia is a law that starts as a bill. A bill is a proposal for a new law or an amendment to an existing law. For a bill to become a law, it must be agreed upon by the House of Representatives and the Senate, which is the upper house of the Australian Parliament. Once it is approved by both, it is sent to the Governor-General for royal assent. After receiving royal assent, the bill becomes an Act of Parliament.
| Characteristics | Values |
|---|---|
| How does it start? | As a bill, which is a proposal for a new law or an amendment to an existing law. |
| Who introduces the bill? | A minister or member responsible for the bill. |
| What happens after the bill is introduced? | The minister or member who introduced the bill makes a speech explaining its purpose, called the second-reading speech. |
| What happens after the second-reading speech? | The bill is made public for the first time. |
| What happens after the bill is made public? | Debate on the bill is adjourned, giving members time to read the bill, consult with their community and consider their response. |
| How long does the adjournment period last? | Usually two weeks. |
| What happens after the adjournment period? | Members can make speeches for or against the bill. |
| What happens after the debate? | Members vote on whether the bill should go to the next stage. |
| What happens if the majority of members agree to the bill? | The bill is then sent to the Senate for consideration. |
| What happens if the House twice passes the same bill, but the Senate twice fails to pass it? | The Governor-General may dissolve both Houses of Parliament and call an election. |
| What happens if, after the election, the House again passes the bill but the deadlock persists? | The Governor-General may convene a joint sitting of both Houses, where a final decision will be taken on the bill. |
| What happens once the bill has passed both Houses in identical form? | It is presented to the Governor-General, who gives it royal assent. |
| What happens once royal assent is received? | The bill becomes an Act of Parliament, i.e., a law. |
| When does the new law come into force? | This is called 'commencement'. Some laws commence immediately after receiving royal assent, while others have a set date or a date decided later by the Governor. |
| Who has the power to give royal assent? | The Governor-General, on behalf of the King, with whom the law-making powers are co-shared. |
| What is the role of the House of Representatives and the Senate in the process? | Both must agree to the bill for it to become a law. The bill passes through several stages in both Houses, allowing members to discuss and vote on it. |
| What is the process for assigning numbers to bills? | Bills are assigned numbers: 2 to 200 for government bills, 201 to 1000 for private member's bills, and 1001 up for private bills. |
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What You'll Learn
A member takes their idea for a law to the Parliamentary Counsel's Office (PCO)
In Australia, an Act of Parliament is a law that starts as a bill—a proposal for a new law or an amendment to an existing one. If a member has an idea for a law, they can take it to the Parliamentary Counsels Office (PCO). Here, the member will formally submit a statement of compatibility, explaining whether the bill is consistent with the Victorian Charter of Human Rights and Responsibilities Act 2006. If it is not consistent, the member must provide a reason for this inconsistency. For example, a bill may be deemed inconsistent with the right to freedom of movement if it would allow judges to impose prison sentences.
The member responsible for the bill will also make a speech explaining its purpose. This is called the second-reading speech. After this, the bill is made public for the first time. Debate on the bill is then adjourned, giving members time to read it, 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 go to the next stage. If the bill is approved, it is passed to the Governor-General for royal assent. The Governor-General gives royal assent, and the bill becomes an Act of Parliament—a law of Victoria.
The Governor-General can technically refuse to assent a bill, but this power has never been exercised. Once royal assent is received, the new law may commence immediately or at a later date set out in the law or decided by the Governor.
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The bill is presented in the Assembly chamber
In Australia, a bill is a proposal for a new law or an amendment to an existing law. For a bill to become an Act of Parliament, it must be agreed upon by both the House of Representatives and the Senate. It must then be signed and given Royal Assent by the Governor-General.
Once a bill has passed both Houses, it is presented to the Governor-General, who gives it Royal Assent. The Governor-General is the King's federal representative in Australia, appointed on the advice of the Prime Minister. The Governor-General exercises the King's constitutional functions, including the power to grant Royal Assent. This power has never been refused and is expected to be exercised in accordance with the democratically elected Houses of Parliament.
In the Assembly chamber, the minister or member responsible for the bill tables (formally submits) a statement of compatibility. This statement explains whether the bill is consistent with the Victorian Charter of Human Rights and Responsibilities Act 2006. If the bill is inconsistent with this Act, the minister or member must explain why. For example, a bill may infringe on the right to freedom of movement if it allows judges to impose prison sentences.
After the statement of compatibility is tabled, the minister or member who introduced the bill makes a second-reading speech. This speech explains the purpose of the bill. Following this speech, the bill is made public for the first time.
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. During this time, members can discuss the bill with their constituents and seek input from those who may be affected by the proposed legislation. They can also consult with experts and stakeholders to gather additional information and perspectives.
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The bill is debated and voted on for the first time
In Australia, a bill is a proposal for a new law or an amendment to an existing law. For a bill to become a law, it must be agreed upon by both the House of Representatives and the Senate. Once it has passed through both houses, it is presented to the Governor-General for royal assent.
The bill is first introduced to parliament, along with accompanying documents such as explanatory notes and a policy memorandum. The member responsible for the bill will also table a statement of compatibility, explaining whether the bill is consistent with the Victorian Charter of Human Rights and Responsibilities Act 2006. If it is not consistent, they must explain why.
The minister or member who introduced the bill then makes a speech explaining its purpose, known as the second-reading speech. After this, the bill is made public for the first time, and debate is adjourned. This pause allows 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 this debate, members vote on whether the bill should go to the next stage. This is the first time that the bill is debated and voted on. If the majority of members agree to the bill, it is then sent to the Senate.
In the Senate, senators have the opportunity to consider the bill and propose amendments. The House in which the bill originated will then consider these amendments and may accept or reject them. This process may continue for several rounds.
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The bill is checked by the Joint Committee on Human Rights
In Australia, a bill is checked for compatibility with human rights by the Parliamentary Joint Committee on Human Rights (PJCHR). The PJCHR was established by the Human Rights (Parliamentary Scrutiny) Act 2011 and is responsible for examining all bills and legislative instruments to ensure they are compatible with human rights. The committee reports its findings to both Houses of Parliament.
The PJCHR's scrutiny reports, which are usually tabled each joint sitting week and published on the committee's website, focus on legislation that raises human rights concerns. These reports consider information provided by the legislation's proponent in the statement of compatibility, explanatory memorandum, and any subsequent correspondence. The PJCHR also has the power to examine existing legislation and conduct inquiries into matters referred to it by the Attorney-General.
The PJCHR's main objective is to ensure that all bills and legislative instruments are compatible with the seven core human rights treaties to which Australia is a party. These treaties include fundamental rights that may not be well protected in Australia, such as the right to freedom of movement. For example, a bill that allows judges to impose prison sentences may be deemed inconsistent with the right to freedom of movement.
The PJCHR has made significant recommendations to the Australian government, including the introduction of a Human Rights Act. The committee's report, which was delivered to parliament after a year-long inquiry, included a model for a Human Rights Act that the government could use as a draft bill. This report and its recommendations demonstrate the PJCHR's crucial role in ensuring that Australian legislation upholds and respects human rights.
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The bill is signed into law
The bill is sent to the Governor-General for royal assent. The Governor-General gives royal assent, at which point the bill becomes an Act of Parliament. This means it is a law. The Governor cannot refuse to give royal assent for political or personal reasons, and this power has never been exercised.
Once the bill has royal assent, it is given a number. In the UK, each act is consecutively numbered based on the date it received royal assent. For example, the 43rd act passed in 1980 would be 1980, chapter 43. Until the 1980s, acts of the Australian state of Victoria were numbered in a continuous sequence from 1857.
Some laws come into force immediately after receiving royal assent. However, others do not come into force until a later date, which may be set out in the law or decided by the Governor, with advice from ministers.
In the rare case that the Governor-General refuses to assent a bill, the House of Representatives and the Senate can simultaneously dissolve. This is called a double dissolution. After the election, if the House passes the bill again but the deadlock persists, the Governor-General may convene a joint sitting of both Houses, where a final decision will be taken on the bill.
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Frequently asked questions
An Act of Parliament is a law that starts as a bill. A bill is a proposal for a new law or an amendment to an existing law.
The bill is first introduced in the House of Representatives or the Senate. It then passes through several stages in both the House and the Senate, allowing members of parliament and senators to discuss and vote on it. If the majority of members agree to the bill, it is sent to the other chamber for consideration. Once it has passed both Houses in identical form, it is presented to the Governor-General for royal assent. After receiving royal assent, the bill becomes an Act of Parliament.
The Governor-General gives royal assent to the bill, which is required for it to become an Act of Parliament. The Governor-General cannot refuse to give royal assent for political or personal reasons, and this power has never been exercised.
If the House passes a bill twice, and the Senate fails to pass it twice, the Governor-General may dissolve both Houses of Parliament and call an election. After the election, if the House passes the bill again but the deadlock persists, the Governor-General may convene a joint sitting of both Houses to make a final decision on the bill.
