LEGISLATION Definition: Legislation is law that is enacted by a ...
LEGISLATION What is Legislation? Definition: Legislation is law that is enacted by a legislature. • The legislature of each state is given general legislative power by the relevant constitution ‘to make law for peace, order and good government’. Legislative Process Definition: For legislature to validly enact new legislation, recognised rules and procedures must be followed, this is referred to as the ‘legislative process’. STAGE 1 1. Proposals for New Legislation ▪ Development of Policy – Government proposal for a new law is first considered by the cabinet (chief and senior ministers) to settle any policy issues. ▪ Decision to legislate. 2. Drafting a New Law (Bill) ▪ Bill drafted by parliamentary draftsperson – Experts in legal drafting are employed by the government and act as a parliamentary counsel. They prepare a draft of the proposed law which includes all the provisions needed to give effect to the government’s policy. ▪ Completed draft of the proposed legislation is called a ‘bill’ Explanatory memorandum: Parliamentary counsel may also prepare a document (explanatory memorandum) to summarize the bill and explain the effect of each provision. 3. Review of the Bill ▪ Once drafted, the bill is reviewed by the relevant minister, government party committees and the relevant government department in case changes are thought necessary. ▪ After any changes have been made, the Bill is ready to be introduced into the legislature.
STAGE 2: Procedure in the Legislature 4. Procedure in the House of Origin Bills can be first introduced into either house (upper or lower), and that house is generally referred to as the ‘House of Origin’. Note: An exception is that Financial bills must be introduced in the lower house of a bicameral parliament. o First Reading of the Bill ▪ Bill is introduced into a legislature ▪ A member of the House proposes that the ‘Bill be read a first time’. ▪ House votes to approve the introduction of the Bill. ▪ Only the long title of the bill is read out ▪ No debate takes place at this stage. ▪ After first reading, printed copies of the Bill are distributed to members of the House
o Second Reading of the Bill ▪ Minister responsible for the relevant portfolio moves that the ‘Bill be read a second time’. ▪ Minister delivers a speech outlining the provisions of the Bill, providing reasons for its introduction and explaining what the proposed legislation will achieve. ▪ Debate of the bill may take place. ▪ Members of the house vote on the motion that the bill be read the second time. ▪ If the Bill is approved, the title of the Bill is read out again. Note: If a more detailed examination of the Bill is required, the House becomes a ‘committee of the whole’, where members consider the Bill clause by clause. OR Bill can be sent to a smaller committee to examine the bill and report back to the full house. o Third Reading of the Bill ▪ The minister moves that the bill be read a third time. ▪ House votes on the motion. ▪ Rarely any debate at this stage. 5. Procedure in the House of Review The house to which the bull then proceeds can generally be referred to as the ‘House of Review’ ▪ In bicameral legislatures, the process of a first, second and third reading is repeated in the House of Review. ▪ If the House of Review passes the Bill without any amendments, the Bill proceeds to the next stage. ▪ If amendments have been made, the Bill must be returned to the House of Origin, which may then accept or reject the amendments. - If an agreement cannot be reached, the government can either abandon the legislation or resolve it by calling a general election. 6. Final Stages Before the Bill Becomes Operations as Law o Royal Assent ▪ Once both houses have approved the bill without further changes, the Bill is sent to the Queen’s representative to receive royal assent. ▪ Crown has theoretical powers to reject laws passed by Australian legislature, but does not happen in practice. ▪ Approval by the Crown, is by convention, only a formality. 7. Commencement ▪ After receiving Royal assent, the Bill becomes an Act and is published in the Government Gazette. ▪ Act may state when it becomes operational. If the Act does not specify, it will come into effect 28 days after receiving Royal assent. ▪ Act commences as a law
STAGE 2: Procedure in the Legislature 4. Procedure in the House of Origin Bills can be first introduced into either house (upper or lower), and that house is generally referred to as the ‘House of Origin’. Note: An exception is that Financial bills must be introduced in the lower house of a bicameral parliament. o First Reading of the Bill ▪ Bill is introduced into a legislature ▪ A member of the House proposes that the ‘Bill be read a first time’. ▪ House votes to approve the introduction of the Bill. ▪ Only the long title of the bill is read out ▪ No debate takes place at this stage. ▪ After first reading, printed copies of the Bill are distributed to members of the House
o Second Reading of the Bill ▪ Minister responsible for the relevant portfolio moves that the ‘Bill be read a second time’. ▪ Minister delivers a speech outlining the provisions of the Bill, providing reasons for its introduction and explaining what the proposed legislation will achieve. ▪ Debate of the bill may take place. ▪ Members of the house vote on the motion that the bill be read the second time. ▪ If the Bill is approved, the title of the Bill is read out again. Note: If a more detailed examination of the Bill is required, the House becomes a ‘committee of the whole’, where members consider the Bill clause by clause. OR Bill can be sent to a smaller committee to examine the bill and report back to the full house. o Third Reading of the Bill ▪ The minister moves that the bill be read a third time. ▪ House votes on the motion. ▪ Rarely any debate at this stage. 5. Procedure in the House of Review The house to which the bull then proceeds can generally be referred to as the ‘House of Review’ ▪ In bicameral legislatures, the process of a first, second and third reading is repeated in the House of Review. ▪ If the House of Review passes the Bill without any amendments, the Bill proceeds to the next stage. ▪ If amendments have been made, the Bill must be returned to the House of Origin, which may then accept or reject the amendments. - If an agreement cannot be reached, the government can either abandon the legislation or resolve it by calling a general election. 6. Final Stages Before the Bill Becomes Operations as Law o Royal Assent ▪ Once both houses have approved the bill without further changes, the Bill is sent to the Queen’s representative to receive royal assent. ▪ Crown has theoretical powers to reject laws passed by Australian legislature, but does not happen in practice. ▪ Approval by the Crown, is by convention, only a formality. 7. Commencement ▪ After receiving Royal assent, the Bill becomes an Act and is published in the Government Gazette. ▪ Act may state when it becomes operational. If the Act does not specify, it will come into effect 28 days after receiving Royal assent. ▪ Act commences as a law
