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Title

Ch10 Legislation / BILLSTHE PARLIAMENTARY PROCESS / Synopsis of major stages

Database

House Practice

Date

01-05-2005

Source

House of Reps

Parl No.

41

Chapter

Legislation

Chapter No.

Chapter 10

Page

342

Section No.

 

System Id

procedural/practcer/chapter10.19.doc


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Ch10 Legislation / BILLSTHE PARLIAMENTARY PROCESS / Synopsis of major stages



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House of Representatives                                Ch 10                                                 p 342

 

Legislation / BILLS—THE PARLIAMENTARY PROCESS

 

Synopsis of major stages

The stages through which bills pass are treated in detail in the pages which follow. Procedures for the passage of bills provide for the following stages:

  • Initiation (S.O.s 138-140).

  • First reading 1 (S.O. 141).

  • Possible referral to the Main Committee for second reading and consideration in detail stages (S.O. 143(a)).

  • Possible referral to a standing or select committee for advisory report (S.O. 143(b)).

  • Second reading (S.O.s 142, 145-146).

  • Announcement of any message from the Governor-General recommending appropriation (S.O. 147).

  • Report from standing or select committee (if bill referred) (S.O. 144).

  • Consideration in detail (S.O.s 148-151).

  • Report from Main Committee and adoption (for bills referred to Main Committee) (S.O.s 152-153).

  • Reconsideration (possible) (S.O. 154).

  • Third reading (S.O. 155).

  • Transmission to the Senate for concurrence (S.O. 157).

  • Transmission 2 or return of bill from the Senate with or without amendment or request (S.O.s 158-165).

  • Presentation for assent (S.O.s 175-177).

    • Each of the stages of a bill in the House has its own particular function. The major stages may be summarised as follows:

    Initiation : Bills are initiated in one of the following ways:

    1. On notice —The common method of initiating a bill is by the calling on of a notice of intention to present the bill. The notice is prepared by the Office of Parliamentary Counsel, usually concurrently with the preparation of the bill. The notice follows a standard form:

    I give notice of my intention to present, at the next sitting, a Bill for an Act [remainder of long title].

    The long title contained in the notice must agree with the title of the bill to be introduced. The notice must be signed by the Minister 3 who intends to introduce the bill or by another Minister on his or her behalf. As with all notices, the notice of presentation must be given by delivering it in writing to the Clerk at the Table. In addition, in the case of Members other than Ministers, a Member may state its terms to the House during the period for Members’ statements on Mondays. 4

    1. Without notice —In accordance with the provisions of standing order 178, appropriation or supply bills or bills (including tariff proposals) dealing with taxation may be presented to the House by a Minister without notice— see Chapter on ‘Financial legislation’.
    2. On granting of leave by the House —On occasions a bill may be introduced by the simple granting of leave to a Minister to present the bill. 5
    3. Senate bills —A bill introduced into and passed by the Senate is conveyed to the House under cover of a message transmitting the bill for concurrence. The bill is, in effect, presented to the House by the Speaker’s action of reading the message to the House.

    Standing order 138 also provides for initiation by order of the House. This procedure is no longer used. 6

    First reading : This is a formal stage only. On presentation of a bill the long title only is read immediately by the Clerk, and no question is proposed. 7

    Second reading : This is the stage primarily concerned with the principle of the legislative proposal. Debate on the motion for the second reading is not always limited to the contents of a bill and may include, for example, reasonable reference to relevant matters such as the necessity for, or alternatives to, the bill’s provisions. Debate may be further extended by way of a reasoned amendment.

    Consideration in detail : At this stage, the specific provisions of the bill are considered and amendments to the bill may be proposed or made.

    Third reading : At this stage the bill can be reviewed in its final form after the shaping it may have received at the detail stage. When debate takes place, it is confined strictly to the contents of the bill, and is not as wide-ranging as the second reading debate. When a bill has been read a third time, it has passed the House. 8

     

     

     

    Table 10.1   Procedures applying to different categories of bills

     

    Description

     

    Special nature

    Provisions of Constitution and standing orders relevant to class 1

     

    Major stages followed in respect of class     2

    ORDINARY

     

    Examples  

    Acts Interpretation Bill, Trade Practices Bill, Parliamentary Papers Bill.

    Bills that:

    (a) do not contain words which appropriate the Consolidated Revenue Fund;

    (b) do not impose a tax; and

    (c) do not have the effect of increasing, or altering the destination of, the amount that may be paid out of the Consolidated Revenue Fund under existing words of appropriation in the principal Act to be amended or in another Act.

    Constitution ss. 53, 57, 58, 59, 60.

    S.O.s 138-164, 174-176.

    Initiation on notice of intention to present; sometimes by leave; bills dealing with taxation may be presented without notice.

    First reading moved; Clerk reads title; no debate allowed.

    Second reading moved immediately (usually); Minister makes second reading speech and presents explanatory memorandum; debate adjourned to a future day.

    Bill may be referred to Main Committee for remainder of second reading and detail stage, or to a standing or select committee for an advisory report.

    Second reading debate resumed; reasoned amendment may be moved; second reading agreed to; Clerk reads title.

    Consideration in detail immediately following second reading. Amendments may be made.

    ( Report by Main Committee to House, if bill referred; House adopts report)

    Third reading moved; may be debated; agreed to; Clerk reads title. Message sent to Senate seeking concurrence.

    NOTE: Detail stage is often bypassed.

    SPECIAL APPROPRIATION

     

    Examples

    (a) States Grants Bill;

    (b) An amending Judiciary Bill to alter the remuneration of Justices as stated in the principal Act.

    Bills that:

    (a) contain words which appropriate the Consolidated Revenue Fund to the extent necessary to meet expenditure under the bill; or

    (b) while not in themselves containing words of appropriation, would have the effect of increasing, or altering the destination of, the amount that may be paid out of the Consolidated Revenue Fund under existing words of appropriation in the principal Act to be amended or in another Act.

    Constitution ss. 53, 56.

    S.O.s 147, 180-182.

    Initiation on notice of intention to present, sometimes by leave.

    Proceedings same as for ordinary bills except that immediately following second reading—

    Message from Governor-General recommending appropriation for purposes of bill is announced and if required in respect of anticipated amendments to be moved during detail stage, a further message for the purposes of the proposed amendment is announced.

    Subsequent proceedings same as for ordinary bills.

     

     

     

    APPROPRIATION AND SUPPLY

     

    Examples

    Appropriation Bills (No. 1) and (No. 2) 

    Supply Bills (No. 1) and (No. 2).

    Appropriation Bills appropriating money from the Consolidated Revenue Fund (usually) for expenditure for the year.

    If necessary, Supply Bills appropriating money from the Consolidated Revenue Fund to make interim provision for expenditure for the year pending the passing of the Appropriation Bills.

    Constitution ss. 53, 54, 56.

    S.O.s 165, 178, 180(b).

    Message from Governor-General recommending appropriation announced prior to introduction. If required a further message for the purposes of proposed amendments is announced prior to consideration in detail .

    Initiation without notice .

    Proceedings otherwise same as for ordinary bills other than for sequence in detail stage.

    TAXATION

     

    Examples

    Income Tax Bills and Customs and Excise Tariff Bills.

    Bills imposing a tax or a charge in the nature of a tax.

    Constitution ss. 53, 55.

    S.O.s 165, 178, 179.

    Initiation without notice .

    Proceedings same as for ordinary bills.

    Only Minister may move amendments to increase or extend taxation measures.

     

    NOTE: Governor-General’s message is not required.

    CONSTITUTION ALTERATION

     

    Example

    Constitution Alteration (Establishment of Republic) 1999.

    Bills to alter the Constitution.

    Constitution s. 128.

    S.O. 173

    Same as for ordinary bills but with additional requirement for bill to be passed by absolute majority .

    SENATE INITIATED

     

    Examples

    Same as for ordinary bills.

    Same as for ordinary bills.

    Constitution s. 53.

    S.O.s 166-171.

    Message from Senate reported transmitting bill to House for concurrence .

    First reading; second reading moved; debate adjourned.

    Subsequent proceedings same as for ordinary bills.

    (Senate bills sometimes referred to Main Committee before moving of second reading)

    Message sent to Senate notifying House agreement or, if amended, seeking Senate concurrence in amendments .

    1. Sections 57 to 60 apply to all categories and standing orders relevant to ordinary bills generally apply to all categories.

    2. Regular or normal proceedings.

     

     

     

    Stages a House bill goes through

     

     

     

       

    House of Representatives

    Bill presented

    		    

    Main Committee

    (Second debating Chamber)

    [ SO 143 ]

     

    Second reading

    (in principle debate)

     

     

     

     

    OR

    ?

    First reading

    [ SO 141 ]

    ?

    Second reading

    (in p rinciple debate)

    [SO 142]

     

     

     

     

    ?

    ?

    Possible reference to

    House of Representatives committee

    [ SO 143-144 ]

    ?

    Consideration in detail

    (amendments may be made)

     

     

     

     

    ?

    ?

    Consideration in detail

    (amendments may be made)

    [ SO 148-151 ]

    ?

    		    
       

    Third reading 

    [ SO 155 ]

    		    
       

    ?       ?

    		    
       

    (amendments must be agreed to by both Houses)

    [ SO 158-165 ]

    		    
       

    ?       ?

    		    
       

    Senate

    Similar process to the House of Representatives

    ?

    ?

     

    Senate committee may consider bill

       

    ?

    		    
       

    Governor-General

    Assent  

    [ SO 175 ]

    		    

     

     



    The origin of the practice of reading a bill three times is obscure. Campion states that by 1580 it was already the usual (but not uniform) practice of the House to read a bill three times. Lord Campion, An introduction to the procedure of the House of Commons , 3rd edn, Macmillan, London, 1958, p. 22.



    A bill coming a first time from the Senate proceeds through all stages in the House as if it were a bill originating in the House.



    As elsewhere in this text, in relation to procedures of the House, unless otherwise stated the term ‘Minister’ includes Parliamentary Secretary.



    S.O. 139(a) (not possible during Members’ statements in the Main Committee). Until 1984 all notices could be given orally.



    E.g. VP 1978-80/1502;VP 1996-98/351; VP 2002-04/1642.



    Background information on these earlier provisions may be found in previous editions.



    A Member presenting a private Member’s bill may make a short statement at this time, see p. 379.



    S.O. 155(c).