How does a Bill get enacted by Parliament?
Development of
policy
Proposed laws usually come from
government, although it is also possible for private members to
make their own legislative proposals.
The ideas behind government Bills
may come from a range of different sources: they may be part of
government policy including the 'platform' on which government
members campaigned and were elected; they may come from suggestions
by Members or the community; a Bill may be required in order for
Nauru to comply with its international obligations; or the idea may
originate from a government department, particularly in relation to
routine administrative matters.
Drafting of
Bill
Bills are drafted either by the
Office of Parliamentary Counsel or by external legal consultants,
and all Bills go through the Office of Parliamentary Counsel for
final checking.
In the case of government Bills,
usually the Minister who is responsible for the Bill gives notice
of his intention to introduce the Bill at a future sitting, and the
presentation of the Bill is then placed on the notice paper.
Parliamentary
procedure
When a Bill is presented to the House, the Clerk announces the
motion to present the bill as listed on the notice paper. The
Member then stands and presents the Bill to the House, and hands a
signed copy of the Bill to the Clerk, together with an explanatory
memorandum. The Clerk reads out the short title of the Bill. This
is known as the first reading. Copies of the Bill and the
explanatory memorandum are then circulated to all Members. At this
point the Bill becomes a public document.
'The next step usually happens immediately with the Minister
moving that the Bill 'now be read a second time'. He or she then
makes a speech (second reading speech) explaining the purpose,
general principles and effect of the Bill. At the end of the
Minister's speech, debate on the Bill is adjourned (deferred) and
set down as an item of business for a future sitting. The purpose
of this pause in proceedings is to give Members time to study the
Bill and its effects before speaking and voting on it, and to
provide the opportunity for public discussion and reaction.'
Department of
the Australian House of Representatives, 'Making Laws', House of
Representatives Infosheet No.7, September 2008.
The second reading debate usually occurs at the next sitting after
the Minister has delivered the second reading speech, and is the
debate on the motion moving that the Bill be read a second time.
This is the stage at which the substantive debate on the merits of
the Bill takes place. At the end of the debate a vote is taken, and
if the motion for the second reading is passed, this means the
House has agreed to the Bill in principle. The Clerk then stands
and reads out the short title of the Bill for second time.
The Standing Orders provide that
following the second reading of a Bill, it is referred to the
Committee of the Whole for consideration in detail, but in most
cases leave is granted to proceed immediately to the third reading.
When this happens, the Minister moves that the Bill be read a third
time. There is usually no debate on the third reading motion, and
if the motion is passed, the Clerk stands and read the short title
of the Bill for the third time. This means the Bill has been passed
by the Parliament. In the case of the constitutional amendment
Bills of 2009 the House resolved itself into the Committee of the
Whole to consider the Bills in detail and to amend the Bills. The
Committee of the Whole House comprises every Member of
Parliament.
When a Bill has been passed, the Clerk must present a true copy of
the Bill to the Speaker which is signed by the Clerk, and if he is
satisfied that there are no irregularities, the Speaker will
certify that the Bill has been duly passed by Parliament. The Bill
becomes law when it receives the certificate of the Speaker.
Commencement of
Acts
A law does not necessarily
commence, or come into force, as soon as it has received the
certificate of the Speaker - it may come into force on a later date
if it is so specified in the commencement provisions of the
law.
Summary -
Government Bills
The following outlines the steps
that the government takes for the introduction and passage of
government bills. It is also possible for private members to
introduce their own bills, in which case the procedure would be
somewhat different, as the initiative would not emanate for
government and there would be no need for Cabinet approval of the
Bill.
- Proposed legislative initiative emanates from Department and/or
Minister (on occasion as a result of public initiative/demand or
advice from consultants or regional initiative)
- Department seeks preliminary input from Parliamentary Counsel
on legal and technical aspects of the proposal, including how it
fits within the existing legislative framework and any major issues
or obstacles with the proposal
- Department prepares an internal memorandum on the relevant
policy and proposal (with assistance from Parliamentary Counsel if
required) and Cabinet in consultation with any other Government
Members makes an informal decision whether or not to proceed with
the legislative proposal
- If Cabinet in consultation with other Government Members has
approved the legislative proposal, Department provides drafting
instructions to Parliamentary Counsel
- Bill is drafted by Parliamentary Counsel on the basis of
drafting instructions and provided to Department/Minister for
comment and to Secretary for Justice and Border
Control for review and information
- Second draft Bill prepared by Parliamentary Counsel on the
basis of feedback from the Department, Minister and Secretary
for Justice and Border Control
- Public consultation if warranted (Cabinet decides whether
consultation on a particular Bill is warranted, taking into account
advice from Parliamentary Counsel and Secretary for Justice
and Border Control)
- Final Draft Bill prepared by Parliamentary Counsel taking into
account input from public consultation (if any) and input from the
Deptartment, Minister and Secretary for Justice and Border
Control, the Secretary for Finance and the Chief Secretary
relating to the second draft; explanatory memorandum and
second reading speech also prepared by Parliamentary Counsel
- Final Cabinet Submission by line Ministry for Cabinet's final
approval for the Bill to be introduced
- Bill introduced to Parliament by the relevant Minister and read
a first time; second and third readings deferred until following
sitting
- Bill read a second time and debated, Bill read a third time and
passed by Parliament
- Act certified by Speaker and Clerk, copy provided to Justice
Department, Supreme Court and the Department responsible for
administering the Act, as well as to PacLII