One of the main roles of the Australian Parliament is to make laws for the people of Australia. Scroll down to learn more about each step of the law-making process.
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What is a bill?
A bill is a proposal for a new law or a change to an existing one. A bill becomes a law if it is 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.
How is a bill made?
Most bills are drafted by public servants on behalf of a minister and formally approved by the government before they are introduced into the Parliament.
The minister makes preparations
Usually a Minister who wants to introduce a bill gives written notice (advance warning) of his or her intention to do so. Notice is typically given for the next sitting day.
The House of
Representatives
First reading
When the notice is reached during the following day's business, the Minister presents the bill, and the Clerk reads out its title. This is known as the first reading. In the House, the first reading is strictly a formality and no vote is taken. The bill is introduced to Parliament.
Second reading moved
The Minister then moves that the bill 'be now read a second time' and makes a speech explaining the purpose, general principles and effect of the bill. This is known as the ‘second reading speech’. At the end of the speech, debate is usually adjourned to allow 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. Urgent bills might be debated straight away.
Meanwhile...
All bills introduced into either House are examined by the Legislative Scrutiny Committees, which can ask the responsible minister for more information about a bill's impact on rights:
Joint
Human Rights
Committee
The Human Rights Committee examines all bills for compatibility with international human rights standards.
Meets human rights standards?
Senate
Scrutiny of Bills
Committee
The Scrutiny of Bills Committee assesses the effect bills would have on individual rights, liberties and obligations.
Individual rights?
Liberties?
Obligations?
Senate
Selection of Bills
Committee
The Selection of Bills Committee considers all bills (other than those that only appropriate revenue or money) and recommends whether they should be referred to one of the Senate's committees for further examination and feedback from constituents, interest groups and affected individuals.
Further
examination
and
feedback
from the
community?
examination
and
feedback
from the
community?
Senate
Selection of Bills
If the Committee decides a bill needs further investigation, it will recommend to the Senate that it be
Referred to a
Senate Committee...
Senate Committees
Committees provide a formal channel of communication between Parliament and the public and this encourages greater community participation in the parliamentary process. They allow for a greater variety of opinions to be placed on the public record to ensure that parliamentarians are well-informed before making decisions.
Call for Submissions
Submissions from individuals, subject matter experts, business and government provide the committee with a range of perspectives about the proposed policy changes to law. These views inform the committee’s recommendation in its report to the Senate.
Public Hearings
Public hearings are another way for committees to seek information and to test claims made in submissions. Hearings are usually conducted in a question and answer format. Participation at hearings is by invitation from the committee. These hearings take place at Parliament House and around Australia. They can happen in person or by video- or teleconference.
Second Reading Debate
The second reading debate considers the principles of the bill and is normally the most substantial debate that takes place. The debate may take place in the Federation Chamber. Amendments may be moved at this stage, but they do not affect the text of the bill and are generally used to express an opinion about the bill or related policy issues. At the end of the debate, the House votes on the motion moved by the Minister - 'That this bill be now read a second time'. If the motion is agreed to (spoiler it always is), the Clerk reads the title again, signifying that the bill bas been agreed to in principle.
Consideration in Detail
The purpose of this stage is to consider the detail of the bill and to enable proposed changes (amendments). Proceedings are less formal than for the second reading debate and members may speak for 5 minute intervals an unlimited number of times on amendments put forward. If members agree that a particular bill does not need to be examined in detail, this stage may be by-passed.
Third Reading
This is the final stage of consideration of a bill and is usually a formality. The motion by the Minister - 'that this bill be now read a third time' - may be debated, but this is relatively rare. If the motion is agreed to, the Clerk reads the title again, which signifies that the bill has passed the House.
Introduction and first reading
The President announces receipt of the message. The Minister then moves that the bill be now read a first time and, if that motion is agreed to, the Clerk reads out its title - the first reading.
Second reading moved
The Minister then moves that the bill be read a second time. At this stage, debate is usually adjourned. If a Senate committee is still inquiring into the bill, debate cannot continue until the report is presented to the Senate. Urgent bills might be debated straight away.
Senate Committee has examined the bill and reports back to the Senate
Information is compiled into a report, which may recommend amendments to the bill, and presented in the Senate. The bill is now available to be debated.
Second reading debate
This debate represents the major policy debate on the bill. Amendments may be moved at this stage,
most commonly by Opposition or crossbench senators. These do not affect the text of the bill and are
generally used to express an opinion about the bill or related policy issues.
At the end of the second reading debate, the Senate votes on the motion moved by the Minister - 'That this bill be now read a second time'.
If that motion is agreed to, the Clerk reads out its title - the second reading.
Committee of the whole
Debate in committee of the whole is a flexible and interactive process in which the details of the bill
are queried and amendments are moved, debated and determined. Senators may ask questions directly of the
minister and there are no restrictions on the number of times they may speak.
If there are no amendments
proposed to the bill, and no senator wishes to debate the details or ask questions, the committee of the whole stage may
be omitted.
Adoption of Committee report and third reading
At the end of the committee of the whole stage, the bill is agreed to, either with or without amendments, and the committee reports back to the Senate. The Minister moves that the report of the committee be adopted by the Senate.
Once this is agreed to, the Minister moves that the bill be read a third time. The third reading is an opportunity for the Senate finally to consider the bill as it has emerged from committee of the whole. If the Senate agrees to this motion, the Clerk reads the bill title - the third reading. This signifies that the bill has passed the Senate.
The bill is
passed by
the Senate
If the Senate made amendments to the bill, a message is taken to the House of Representatives by the Usher of the Black Rod
The House of
Representatives
Consideration of the senate's amendments
For the bill to progress further, the House of Representatives must consider the amendments and vote to decide if it agrees with them.
What Happens IF...
The House does not agree to the Senate's amendments
The Senate must decide
whether or not to insist on its amendments. If it insists, the House must decide whether to agree or insist on disagreeing. Ultimately, if agreement cannot be reached, the bill will be laid aside.
The bill is
passed by
both Houses
in identical form
and sent to the Governor-General for Royal Assent
The bill is now law, an
