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Title

Ch16 Non-government business / PRIVATE MEMBERS BUSINESS / Private Members bills / Impact

Database

House Practice

Date

01-05-2005

Source

House of Reps

Parl No.

41

Chapter

Non-government business

Chapter No.

Chapter 16

Page

568

Section No.

 

System Id

procedural/practcer/chapter16.11.doc


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Ch16 Non-government business / PRIVATE MEMBERS BUSINESS / Private Members bills / Impact



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House of Representatives                                Ch 16                                                 p 568

 

Non-government business / PRIVATE MEMBERS’ BUSINESS / Private Members’ bills

 

Impact

Bills initiated by private Members are a small proportion of the legislation dealt with by the House, although the introduction of new procedures for private Members’ business in 1988 has seen a significant increase in their number. Private Members introduced 59 bills between 1901 and 1987. This figure had doubled within the next 5 years. Since 1988 about 12 private Members’ bills per year, on average, have been introduced.

Table 16.1 lists all private Members’ bills which have passed into law since Federation. Twenty non-government bills have passed into law—seven initiated by private Members, eight by private Senators and five by the Speaker and the President. In addition, the provisions of other private Member’s bills have become law by being incorporated into government legislation.

Some notable examples of legislation passed by the Parliament have resulted from the actions of private Members or Senators, for example:

  • In 1924 the Electoral (Compulsory Voting) Bill, which introduced compulsory voting at Federal elections, was initiated in the Senate by a private Senator, and when transmitted to the House was sponsored by a private Member.

  • In 1957 a private Member initiated in the House the Matrimonial Bill to provide for uniform divorce laws. The bill passed the second reading but then lapsed. The objects of the measure were incorporated in the Government’s Matrimonial Causes Bill which was passed in 1959. 1

  • In 1974 a private Member introduced the Parliament Bill which was similar to a bill previously introduced by a private Senator which had lapsed after the first reading stage in the Senate. The bill’s primary purpose was to determine the site of the new Parliament House, an issue which had defied final resolution for many years. The 1974 bill ultimately passed both Houses, in an amended form, and became law.

  • The Government’s Industrial Relations Legislation Amendment Bill (No. 2) of 1992 included provisions to amend the Conciliation and Arbitration Act 1904 in respect of a matter addressed in a private Members’ bill introduced three times between 1990 and 1992. 2

  • In 1995 the Parliament passed the Anzac Day Bill 1994 . This bill was initiated by the Government, but the Government’s actions followed the actions of one private Member in moving a motion on the subject 3 and of another in preparing and giving notice of his intention to introduce a private Member’s bill. 4

  • In 1995 the Parliament passed the Government’s Sydney Airport Curfew Bill 1995, which took up in amended form the objects of a private Member’s bill, the Sydney Airport Curfew (Air Navigation Amendment) Bill 1995, 5 after a report on that bill by the Standing Committee on Transport, Communications and Infrastructure.

  • In 2002 the government-sponsored Superannuation Guarantee Charge Amendment Bill was enacted. This made compulsory superannuation contributions payable quarterly, a matter originally proposed by a private Member’s bill. 6

    • One of the most significant non-government bills ever passed from a parliamentary point of view was the Parliamentary Privileges Bill which was assented to in 1987, having been sponsored by President McClelland and Speaker Child. 7 Other bills introduced by the Presiding Officers have related to the administration of the Parliament. In 1999 the Parliamentary Service Bill, which had been presented by Speaker Andrew, was assented to. It provided a new legislative framework for the parliamentary departments and paralleled changes sponsored by the Government in respect of the public service generally.

    Table 16.1   Private Members’ bills passed into law

    Bill

    Initiator

    Life Assurance Companies 1904 (Lapsed in Senate at second reading stage; proceedings resumed in Senate in 1905—Act No. 12 of 1905)

    Mr L. E. Groom

    Conciliation and Arbitration 1908 (Lapsed in Senate at committee stage; proceedings resumed in Senate in 1909—Act No. 28 of 1909)

    Senator Needham*

    Electoral (Compulsory Voting) 1924 (Act No. 10 of 1924)

    Senator Payne

    Defence (No.2) 1939 (Act No. 38 of 1939)

    Mr Curtin

    Supply and Development (No. 2) 1939 (Act No.40 of 1939)

    Mr Curtin

    Matrimonial Causes 1955 (Act No. 29 of 1955)

    Mr Joske

    Australian Capital Territory Evidence (Temporary Provisions) 1971 

    (Act No. 66 of 1971)

    Senator Murphy*

    Parliament 1974 (Act No. 165 of 1974)

    Mr L. K. Johnson

    Wireless Telegraphy Amendment 1980 (Act No. 91 of 1980)

    Senator Rae

    Senate Elections (Queensland) 1982 (Act No. 31 of 1982)

    Senator Colston

    Income Tax Assessment Amendment 1984 [No. 2] (Act No. 115 of 1984—assented to as Income Tax Assessment Amendment (No. 5) 1984)

    Senator Evans*

    Smoking and Tobacco Products Advertisements (Prohibition) 1989 

    (Act No. 181 of 1989)

    Senator Powell*

    Parliamentary Presiding Officers Amendment 1992 (Act No. 163 of 1992)

    Senator Colston*

    Euthanasia Laws 1997 (Act No. 17 of 1997)

    Mr K. J. Andrews

    Adelaide Airport Curfew 1999 (Act No. 29 of 2000)

    Mrs Gallus

    *  sponsored by the Government in the House of Representatives.

     

    Table 16.2  

    Bills sponsored by the Speaker and passed by House

    Bill

    Initiator in House

    Parliamentary Privileges 1987 

    Passed into law (Act No. 21 of 1987).

    Speaker Child

    Public Service (Parliamentary Departments) Amendment 1988 

    Passed House only.

    Speaker Child

    Public Service (Parliamentary Departments) Amendment 1993 

    Passed House only.

    Speaker Martin

    Parliamentary Service 1997 

    Passed both Houses (amended in Senate). House did not agree to Senate amendments; bill laid aside.

    Speaker Halverson

    Parliamentary Service (Consequential Amendments) 1997 

    Passed into law (Act No. 189 of 1997).

    Speaker Halverson

    Parliamentary Service 1997 [No. 2] 

    Passed both Houses (amended in Senate). House did not agree to Senate amendments; bill laid aside.

    Speaker Sinclair

    Parliamentary Service 1999 

    Passed into law (Act No. 145 of 1999).

    Speaker Andrew

    Parliamentary Service Amendment 2001 

    Passed into law (Act No. 125 of 2001)

    Speaker Andrew

    Parliamentary Service Amendment 2005 

    Passed into law (Act No. 39 of 2005)

    Speaker Hawker



    Act No. 104 of 1959; and see H.R. Deb. (14.5.59) 2223.



    Act No. 215 of 1992; H.R. Deb. (17.12.92) 4180.



    VP 1993-95/1058.



    H.R. Deb (12.5.94) 876. The notice was later withdrawn.



    Introduced by the Leader of the Opposition, VP 1993-95/2228-9. The second reading debate and referral to the committee occurred during government business time, VP 1993-95/2286-87.



    Superannuation Guarantee (Administration) Amendment Bill 2000. VP 1998-2001/1598.



    See Ch. on ‘Parliamentary privilege’.