Cameron Miranda
The process of creating laws in Australia involves several steps and can take months or even years. Ideas for new laws can come from various sources, including government departments, community groups, and political parties. Once a proposal for a new law or a change to an existing one is drafted, it is introduced into Parliament as a bill. The bill is then debated and scrutinised by members of Parliament, who can propose amendments. If the bill is passed by both the House of Representatives and the Senate, it receives Royal Assent from the Governor-General and becomes an Act of Parliament, commencing as a law on the specified date or 28 days after Royal Assent.
| Characteristics | Values |
|---|---|
| Ideas for laws | Can come from government departments, community or lobby groups, political parties, parliamentary committees, or senators and members |
| Who drafts the bill | Public servants on behalf of a minister |
| Who introduces the bill | Government ministers, or other members of parliament |
| Where is the bill introduced | House of Representatives, or the Senate |
| What is the bill | A proposal for a new law or a change to an existing one |
| What happens after introduction | The minister makes a second-reading speech explaining the bill's purpose, after which it is made public for the first time |
| What happens during the debate | Members can make speeches for or against the bill, and vote on whether the bill should go to the next stage |
| What happens during the examination stage | Members can ask questions of the minister, and vote on each clause of the bill. Members may propose amendments to the bill, and vote on these |
| What happens after examination | Another vote is held to make sure a majority of members still approve of the bill |
| What happens after the bill is passed | It is sent to the Governor-General for Royal Assent |
| What happens after Royal Assent | The bill becomes an Act of Parliament, and a law of Australia or Victoria |
| When does the law come into force | Some laws commence immediately after Royal Assent, others on a date set out in the law or decided later by the Governor |
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What You'll Learn
Ideas for new laws
Political parties have their own ideas about how Australia should be governed, and they introduce bills in Parliament to put these ideas into action. A parliamentary committee can be set up to examine a current issue, and if action is required, the committee may suggest introducing a bill.
Most bills are drafted by public servants on behalf of a minister and are formally approved by the government before being introduced in Parliament. A minister who wants to introduce a bill usually gives written notice of their intention to do so, and lodges this with the Clerk of the House, who adds it to the agenda.
Once a bill is introduced in Parliament, it is scrutinised and debated. Senate and House committees investigate bills, seek feedback from Australians, and make recommendations. Committees may hold public hearings to seek information and test claims made in submissions. Bills are also checked by the Joint Committee on Human Rights to ensure they meet Australia's human rights commitments.
After this, the bill is debated in Parliament, and members can make speeches for or against it. Members can ask questions of the minister responsible for the bill and vote on each clause of the bill. Members may also propose amendments to the bill, which are then voted on.
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Drafting and introducing bills
Once a bill has been drafted, it is formally approved by the government before being introduced into parliament. The minister who introduced the bill typically gives written notice of their intention to do so, and lodges this with the Clerk of the House, who adds it to the agenda. The minister then makes a speech explaining the purpose of the bill, known as the second-reading speech. After this, the bill is made public, and debate is adjourned for two weeks, giving 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 responsible, and vote on each clause. Members may also propose amendments to the bill, which are then voted on.
Before a bill becomes a law, it must be passed in identical form by both the House of Representatives and the Senate, and given Royal Assent by the Governor-General. The bill then becomes an Act of Parliament. In some cases, a bill may take months or even years to pass through parliament, but an urgent bill can be passed in a matter of hours or days.
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Scrutinising and debating bills
Most bills are introduced into the House of Representatives first and then sent to the Senate. However, bills can also originate in the Senate, except for those related to money and taxation. Government ministers typically introduce bills, but members of parliament can also propose their own bills, known as private members' or private senators' bills. Before introduction, bills are usually drafted by public servants on behalf of a minister and formally approved by the government.
Public Scrutiny and Input:
Once a bill is introduced, it undergoes scrutiny by various stakeholders. Senate and House committees investigate the bill, seeking feedback from Australians and making recommendations. Committees hold public hearings, inviting individuals, subject matter experts, businesses, and government representatives to provide their perspectives on the proposed policy changes. These hearings can take place in person or via video/teleconference, ensuring accessibility and broad participation.
Parliamentary Scrutiny:
The Joint Committee on Human Rights plays a crucial role in scrutinising bills. They examine all bills introduced into Parliament to ensure they align with Australia's human rights commitments. This helps uphold the fundamental rights and freedoms of Australians in the law-making process.
Debate and Amendment Process:
Debate on a bill typically follows a structured process. After the minister introduces the bill and delivers a second-reading speech explaining its purpose, the debate is adjourned. This adjournment allows members time to read the bill, consult with their communities, and prepare their responses. When the bill is next debated, members can make speeches for or against it, presenting their arguments and perspectives. During this stage, members can also ask questions of the minister or member responsible for the bill.
The scrutiny process also involves examining the bill clause by clause. Members can propose amendments to specific clauses, and these amendments are then voted on. This step ensures that the bill can be refined and improved based on the input of parliament members.
Voting and Approval:
After the debate and amendment stage, a vote is held to determine whether the bill should proceed to the next stage. Another vote is conducted as a final check to ensure that a majority of members still approve of the bill, including any amendments that were made. This voting process is essential to ensure democratic decision-making.
Royal Assent:
Once a bill passes through both the House of Representatives and the Senate in identical form, it requires Royal Assent by the Governor-General to become a law. The Governor-General is appointed by the Queen as her representative in Australia and typically serves a five-year term. With Royal Assent, the bill becomes an Act of Parliament, commencing as a law on the date specified in the legislation or, if no date is given, 28 days after Royal Assent.
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Passing bills into law
Passing a bill into law in Australia involves multiple steps and can take months or even years. However, an urgent bill can be passed in a matter of hours or days. The first step is for a bill to be introduced into Parliament, which occurs when a minister gives written notice of their intention to do so. Most bills are first introduced into the House of Representatives and then sent to the Senate, except for money and taxation bills, which start in the House of Representatives.
Once a bill has been introduced, it is scrutinised and debated. Senate and House committees investigate bills, seek feedback from Australians, and make recommendations. Committees have no power to amend a bill, but they may recommend that it be passed as is or with amendments. The bill is then debated in Parliament, where members can make speeches for or against it. After the debate, members vote on whether the bill should go to the next stage.
The bill is then examined clause by clause, where members can ask questions of the minister responsible for the bill and vote on each clause. Members may also propose amendments to the bill, which are also voted on. Another vote is held as a final check to ensure a majority of members still approve of the bill.
For a bill to become a law, it must be passed in identical form by both the House of Representatives and the Senate and given Royal Assent by the Governor-General. The Governor-General is appointed by the Queen to be her representative in Australia and is typically appointed for a term of five years. Once a bill receives Royal Assent, it becomes an Act of Parliament and is considered a 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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Commencement of new laws
Once a bill has been passed in identical form by both the House of Representatives and the Senate, it receives Royal Assent from the Governor-General, who is the Queen's representative in Australia. At this point, the bill becomes an Act of Parliament, or a law. This process is known as "commencement".
Some laws commence immediately after receiving Royal Assent. However, other laws do not commence until a later date, which may be set out in the law itself, or decided by the Governor, with advice from ministers.
Before a bill is passed, there are several stages it must go through. First, the minister or member who introduced the bill makes a speech explaining its purpose, known as the second-reading speech. After this, debate on the bill is adjourned for a period, usually lasting two weeks, to give 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. 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 then voted on.
Another vote is held as a final check to ensure that a majority of members still approve of the bill. During the process of passing a bill, Senate and House committees can investigate bills, seek feedback from Australians, and make recommendations. All bills introduced into Parliament are checked by the Joint Committee on Human Rights to ensure that they meet Australia's human rights commitments.
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Frequently asked questions
A bill, or proposal for a new law or change to an existing one, is introduced in Parliament. Most bills are first introduced into the House of Representatives and then sent to the Senate. However, bills may start in the Senate, except for money and taxation 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.
The bill is debated, and members can make speeches for or against it. Members can also ask questions of the minister or member responsible for the bill. After the debate, members vote on whether the bill should go to the next stage.
For a bill to become a law, it must be passed in identical form by both the House of Representatives and the Senate and given Royal Assent by the Governor-General. It is then known as an Act of Parliament.
