Lyla Lindsey
The process of making laws in the Australian Parliament involves several steps and can take months or even years to complete. Laws start as bills, which are proposals for new laws or changes to existing ones. These bills can be introduced by government ministers or other members of parliament, and they must be agreed upon by both the Senate and the House of Representatives. During the law-making process, there are opportunities for scrutiny and feedback from Australians, with committees investigating and making recommendations on bills. Once a bill is passed by both houses, it is signed by the Governor-General and receives royal assent, becoming an Act of Parliament and a law of Australia.
| Characteristics | Values |
|---|---|
| How laws start | Laws start as bills—proposals for a new law or a change to an existing law. |
| Who can introduce bills | Most bills are introduced by government ministers, but other members of parliament can introduce their own bills, known as private members' or private senators' bills. |
| Who can suggest bills | Community, business, or lobby groups may suggest bills to members of parliament. |
| Where bills start | Most bills are first introduced into the House of Representatives because money and taxation bills cannot be introduced into the Senate. |
| What happens after a bill is introduced | The minister (or member) who introduced the bill makes a speech explaining its purpose, called the second-reading speech. After this, the bill is made public for the first time. |
| What happens during adjournment | Debate on the bill is adjourned (paused) to give members time to read the bill, consult with their community, and consider their response. This usually lasts two weeks. |
| What happens after adjournment | Members make speeches for or against the bill. |
| What happens at the end of the debate | Members vote on whether the bill should go to the next stage. |
| What happens after the debate | The bill is examined clause by clause. Members can ask questions of the minister (or member) responsible for the bill, and they vote on each clause of the bill. Members may propose amendments to the bill, and these are also voted on. This stage may be skipped. |
| What happens after the bill is examined clause by clause | Another vote is held as a last check to make sure a majority of members still approve of the bill. |
| What happens if the bill is passed with amendments | If the Council passes the bill with amendments (changes), it will be sent back to the Assembly to be reconsidered. |
| What happens if the bill is passed without amendments | The bill is presented to the Governor for royal assent. |
| What happens after royal assent | Once royal assent is received, the bill becomes an Act of Parliament, meaning it is a law. The new law starts on the date included in the law or, if no date is given, 28 days after Royal Assent or a date decided by the Governor. |
| How long it takes for a bill to become law | It can take months or even years for a bill to become law, but most bills take 2 to 3 months. |
| How many bills are introduced into Parliament each year | Around 200 bills are introduced into Parliament each year, and about 90% of government bills are passed into law. |
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What You'll Learn
How bills are introduced
A bill is a proposal for a new law or a change to an existing law. Most bills are introduced by government ministers, but other members of parliament can also introduce bills, known as private members' or private senators' bills. Around 200 bills are introduced into Parliament each year, and about 90% of government bills are passed into law.
Before a bill is introduced, a community, business, or lobby group may approach members of parliament with suggestions for bills. Political parties have their own ideas about how Australia should be governed, and they introduce bills to put these ideas into action. The Parliament may also set up a committee to examine a current issue, and if action is required, the committee may suggest that a bill be introduced.
Once a bill is introduced, the minister or member who introduced it makes a speech explaining its purpose, called the second-reading speech. After this, the bill is made public for the first time, and debate on the bill is adjourned to give 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. The bill is then examined clause by clause, and members can ask questions of the minister or member responsible for the bill and vote on each clause. Members may also propose amendments to the bill, which are voted on. This stage may be skipped.
Another vote is held as a final check to ensure a majority of members approve of the bill. If the bill has been amended, it will be sent back to the Assembly to be reconsidered.
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The second-reading speech
During the second-reading speech, the minister or member will explain the reasons behind the bill, its intended impact, and its key provisions. It is a crucial step in the law-making process as it provides the context and rationale for the proposed legislation. It is also an opportunity for members of Parliament to ask questions and seek clarification on the bill's details.
After the second-reading speech, there is a period of adjournment, usually lasting two weeks. This gives members of Parliament time to review the bill, consult with their constituents, and prepare their responses. They can also propose amendments to the bill, which will be considered during the subsequent debate.
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Amendments and votes
Once the bill has been introduced, members can ask questions of the minister (or member) responsible for the bill, and they vote on each clause of the bill. Members may propose amendments to the bill, and these are also put to the vote. This stage may be skipped. If the Council passes the bill with amendments (changes), it will be sent back to the Assembly to be reconsidered.
The bill is then examined clause by clause. Members can make speeches for or against the bill, and they vote on each clause. Members may propose amendments to the bill, which are then voted on. Another vote is held as a final check to ensure a majority of members still approve of the bill.
If the bill passes this stage, it is then presented to the Governor of Victoria for royal assent. Once royal assent is received, the bill becomes an Act of Parliament and a law of Victoria. Some laws commence immediately after receiving royal assent. However, other laws do not come into force until a later date set out in the law or determined by the Governor, with advice from ministers. This date of commencement is called 'commencement'.
In most cases, for a bill to become a law, it must be agreed upon by both the Senate and the House of Representatives and signed by the Governor-General. Most bills are first introduced in the House of Representatives because money and taxation bills cannot be introduced into the Senate. The yearly budget is an exception to this process, as it does not need to be approved by the Senate, only the Assembly.
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Royal assent
In Australia, the Queen's powers are exercised by the Governor-General and state governors. Royal Assent is the final step in the process of making a law in Australia. Once a bill has been passed by the Legislative Assembly, the Clerk of the Parliament advises OQPC of the details of the assent, including the Act's number, and requests that they prepare a copy of the Act. The Act will include the Act's number and its date of assent. The Act comes into force as a new law on the date of assent, unless otherwise specified in the Act.
After the Legislative Assembly passes a Bill for an Act, the Clerk advises OQPC to prepare a copy of the Bill in the form it took at its third reading, including any amendments passed during its consideration. OQPC sends an electronic copy of the Bill to the Clerk for confirmation, after which the Clerk asks OQPC to supply copies of the Bill in two forms: the Bill as at its third reading and the Bill in parchment form. The parliamentary counsel then writes to the Attorney-General, advising that the Bill has been passed by the Legislative Assembly and will be presented to the Governor for assent.
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Commencement
The commencement of a new law in the Australian Parliament is an important milestone, marking the point at which the law comes into force and takes effect. This process, known as "commencement", can occur in several ways, depending on the specific circumstances and the nature of the legislation.
In some cases, laws may come into force immediately after receiving royal assent. Royal assent is a crucial step in the law-making process, where the bill is presented to the Governor of Victoria or the Governor-General of Australia for approval and signing. Once royal assent is received, the bill officially becomes an Act of Parliament, and it is at this stage that immediate commencement can take place.
However, not all laws commence immediately. Some laws are designed to come into force at a later date, which may be specified within the legislation itself or determined at a future date. This future date is often decided by the Governor, who receives advice and input from ministers before making a decision. This approach allows for a more strategic implementation of the law, taking into account any necessary preparations or transitional arrangements.
The commencement date of a law can also be determined by proclamation. In this scenario, a proclamation is issued to announce the date on which the law will take effect. Most jurisdictions gazette these proclamation dates in the Government Gazette, providing transparency and clarity to the public.
It's worth noting that the commencement of a law is a critical aspect of the legislative process, as it signifies the point at which the law becomes enforceable and legally binding. This is when the rules and expectations outlined in the law come into full force, guiding the behaviour of individuals and organisations and carrying legal consequences for non-compliance.
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Frequently asked questions
Laws start as bills—proposals for a new law or a change to an existing law. A bill must be agreed to by both the Senate and the House of Representatives, and signed by the Governor-General before it can become a law.
A bill can be proposed by political parties, community, business, or lobby groups, or by individual members of parliament.
The minister or member who introduced the bill makes a speech explaining its purpose. This is called the second-reading speech. After this, the bill is made public, and debate on the bill is adjourned to give members time to read the bill, consult with their community, and consider their response.
Members can make speeches for or against the bill. 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. Members can ask questions of the minister or member responsible for the bill, and they vote on each clause of the bill. Members may propose amendments to the bill, and these are also voted on.
Another vote is held to ensure that a majority of members still approve of the bill. If the bill is passed, it is presented for royal assent. Once royal assent is received, the bill becomes an Act of Parliament, and a law.
