How Does a Bill Become a Law in Australia

Every nation has its own system of legislation that shapes the legal environment and affects the lives of its people. Australia, renowned for its democratic ideals and sound administration, follows a sequence of stages and intense examination for a bill to become a law. Knowing about this process is crucial for those hoping to be legislators and citizens who are interested in comprehending the mechanics of their country’s legislation.

Let’s begin our journey into the intricacies of Australia’s legislative process. We’ll examine the key stages bills must pass through, the roles of different institutions in this procedure, and the level of public involvement that is welcomed. If you’re a student pursuing a degree in political science or an individual interested in how governments function, then come along with us as we uncover how a bill morphs into a law.

Overview of the Process to Make a Law in Australia

Creating laws in Australia is not too complicated. After a bill is presented in parliament, it will be discussed and put to a vote. If the bill passes, it is then sent to the governor-general for official approval. Upon gaining royal assent, the bill is then considered an act of parliament and becomes law.

• A bill can be introduced in a few different ways. The most usual is for a member of parliament to present it to the House of Representatives. Alternatively, the government may propose it, or both houses may come to an accord.
• Once a bill has been formally presented to parliament in the first reading, it undergoes a series of stages in order for it to be put to a vote. This includes debate and amendment.
• In the second stage of the legislative process, known as the second reading, thorough debate on the bill is conducted and members of parliament may propose amendments.
• At the third stage, referred to as the committee stage, a parliamentary committee is responsible for further examining the bill. It is also in this stage that any amendments could be made.
• The fourth and last step is a third reading in parliament, where the legislation comes to a vote. If it passes, the bill is forwarded.

Stages Involved in Making a Law

In Australia, producing a law involves numerous steps. A Member of Parliament initiates the process by introducing a bill to Parliament which is then reviewed in committee.

1. The member of Parliament who presents the legislation for debate is known as the “sponsor”. This person is responsible for providing an overview of the bill and responding to any queries from Parliament.
2. In committee stage, the bill is under review and public hearings may be held. After deliberation, the committee may present proposals to Parliament regarding the bill.
3. The committee stage is an important chance for stakeholders to express their opinions on the bill. Public hearings may be held to get insight from stakeholders about the bill, and recommendations can be made to Parliament.
4. After being discussed in committee, the bill is reported back to Parliament and subsequently debated.
5. The report stage offers Parliament a chance to deliberate upon the bill and offer amendments. Discussions can occur in either committees or the whole chamber.
6. On the third reading, Parliament reviews the bill one last time before it gets passed and turns into an Act of Parliament.
7. This is the third and last chance for Parliament to debate the bill. If it passes, it then becomes an Act of Parliament.
8. Once a bill has been passed by Parliament, it is presented to the Governor-General for confirmation. If they grant their approval, the Act of Parliament is then turned into law.
9. The Governor-General grants Royal Assent on behalf of the Queen, which is the final stage in creating a law in Australia. Once this process is complete, the Act becomes legally binding.

Creating a law in Australia can require a number of stages and may take some time. The system is designed to ensure that all aspects are considered thoroughly and Parliament’s backing is obtained.

Explanation of Terms Related to Making a Law

When either the House of Representatives or Senate introduce a bill, it is initially read aloud. Afterward, the bill is assigned to a committee which is determined by where it was introduced. This committee might hold public hearings so people can present their thoughts on the bill.

The committee then presents its report to parliament, and the bill is once again debated. Upon successful passage of the bill, it is presented to the Governor-General for royal assent. On acquiring formal approval, it officially becomes an Act of Parliament and thus law.

Significant terms are:

1. Bill:  A proposed law can be referred to as Bill and is presented for consideration in either the House of Representatives or the Senate.
2. Committee: A parliamentary committee is a body of parliamentarians from the same political party, tasked with examining and making commendations regarding bills.
3. Public hearings: Public hearings offer the public an opportunity to voice their opinion on proposed legislation. These sessions present a platform for citizens to provide their input and shape the outcome of a bill.
4. Royal assent: The Governor-General grants permission for a bill to be established as an Act of Parliament, thereby making it law.

Examples of Recent Bills That Have Passed

In Australia, the process for a bill to become law is contained in section 35 of the Constitution. To be given Royal Assent, the legislation must pass through both houses of Parliament: The House of Representatives and the Senate. For a bill to successfully reach its final form, identical versions must be approved by each house.

The following is a list of examples of recent bills that have passed:

1. The Marriage Amendment (Definition and Religious Freedoms) Act 2017, passed by Parliament on 7 December 2017, revised the definition of marriage in the Marriage Act 1961 to permit same-sex couples to wed, while providing new safeguards for religious liberty.
2. On 10 February 2017, the Migration Amendment (Regional Processing Cohort) Bill 2016 was officially passed by the Parliament. This legislation changed the Migration Act 1958 to disallow persons who had been housed in regional processing centres on Nauru or Manus Island since 19 July 2013 from settling in Australia.
3. On 12 March 2014, the Parliament passed the Fair Work Amendment (Repeal of 4 Yearly Reviews and Other Measures) Bill 2013 which made amended the Fair Work Act 2009. Among other changes, four-yearly reviews of modern awards were removed, and alterations regarding modern awards and Enterprise Agreements were instated.

Challenges Faced in Passing Bills into Laws

There are a number of challenges that can be faced in passing bills into laws in Australia. These challenges can include:

1. Political opposition can thwart attempts to pass a bill if it is not seen as beneficial or supported by the opposing party. Such opposition can exist at both local and national levels.
2. Public opinion can have a huge impact on the success of a bill. If it is disliked by citizens or viewed as not being beneficial to society, it can be put on hold or blocked completely. The will of the people plays an important role in determining what legislation comes into effect.
3. Technical issues may block the passage of a bill. Improper draftsmanship or inconsistency with the law can prevent its progress.
4. Time restrictions can prevent a bill from becoming law. This could occur if the bill fails to pass before the end of the session or there is not an appropriate amount of time for analysis.

Conclusion

This article has provided an insight into the steps required for a bill to become a law in Australia. The process is complex and involves Parliament and the Governor-General. Taking the time to understand these stages can enable us to appreciate how our laws come into being.

FAQs

1. How is a bill introduced in Australia?

A bill can be submitted by either the government or a single Member of Parliament in either the House of Commons or the House of Lords. The protocol for bringing forward a bill varies based on which Chamber it is being presented to.

2. How does a bill become law in Australia?

Once a bill is passed by both Houses of Parliament, the Governor-General must provide Royal Assent in order for it to become law. The procedures for a bill’s passage depend on its category and whether it was first proposed in the House of Representatives or the Senate.

3. What other kinds of bills are there in Australia?

In Australia, there are four main kinds of bills: Government bills, Private members’ bills, Private senators’ bills and Hybrid bills. Each has distinct regulations that govern its initiation and discussion in Parliament.

4. What is Royal Assent?

The Governor-General’s formal approval of a bill that has been passed by both Houses of Parliament is known as Royal Assent. Once the bill has received this it is then considered an Act of Parliament, with the legal power to be enforced in Australia.

5. How can Australians have their say on proposed laws?

Australians can have their say on proposed laws in a number of ways, such as submitting comments to Parliamentary committees, writing letters to their local member of Parliament, or by participating in public hearings concerning Bills before Parliament.