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Ch10 Legislation / BILLSTHE PARLIAMENTARY PROCESS / Form of bill / Enacting formula



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House of Representatives                                Ch 10                                                 p 337

 

Legislation / BILLS—THE PARLIAMENTARY PROCESS / Form of bill

 

Enacting formula

This is a short paragraph which precedes the clauses of a bill. The current words of enactment are as follows:

‘The Parliament of Australia 1 enacts:’

The words of enactment have changed several times since 1901. Prior to October 1990 they were:

‘BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:’

Commenting on the original enacting formula, Quick and Garran stated:

In the Constitution of the Commonwealth the old fiction that the occupant of the throne was the principal legislator, as expressed in the [United Kingdom] formula, has been disregarded; and the ancient enacting words will hereafter be replaced by words more in harmony with the practice and reality of constitutional government. The Queen, instead of being represented as the principal, or sole legislator, is now plainly stated [by section 1 of the Constitution] to be one of the co-ordinate constituents of the Parliament. 2



For bills with a preamble, the word ‘ therefore ’ is inserted here.



Quick and Garran , p. 386. The enacting formula in use in the United Kingdom since the 15th century has been: ‘Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:’.