The legislative process: how a bill becomes an Act in Queensland: QCE Legal Studies

What this dot point is asking

QCAA wants you to explain how Parliament makes statute law: the structure of the Queensland and Commonwealth Parliaments, the formal stages a bill passes through to become an Act, and the distinction between Acts and delegated legislation. Expect a 3-5 mark short response in IA1.

The answer

Parliament as the supreme law-maker

Parliament is the supreme law-making body. The doctrine of parliamentary sovereignty means Parliament can make or unmake any law within its constitutional power, and the courts must apply validly enacted statutes. Statute law (legislation) overrides inconsistent common law.

The structure of Parliament

• The Commonwealth Parliament is bicameral (two houses): the House of Representatives and the Senate, plus the Queen, represented by the Governor-General (Constitution s 1).
• The Queensland Parliament is unicameral (one house): the Legislative Assembly, plus the Queen, represented by the Governor. Queensland abolished its upper house, the Legislative Council, in 1922, and is the only Australian state with a single-chamber Parliament.

A government is formed by the party or coalition that commands a majority in the lower house (or, in Queensland, in the single chamber). Under responsible government, ministers are members of Parliament and are accountable to it.

The stages a bill passes through

A proposed law is called a bill. To become an Act (a statute), a bill passes through the following stages in each house.

1. Initiation. A bill is drafted (usually by parliamentary counsel) and introduced. Most bills are government bills; a bill introduced by a non-minister is a private member's bill.
2. First reading. The bill is introduced and its title read. There is no debate.
3. Second reading. The minister explains the purpose of the bill in a second reading speech, and members debate the general principles. This is the main debate.
4. Consideration in detail / committee stage. The bill is examined clause by clause and amendments may be moved.
5. Third reading. The final form of the bill is voted on.
6. The other house (in a bicameral parliament). In the Commonwealth, the bill then passes through the same stages in the Senate. Queensland, being unicameral, has no second chamber.
7. Royal assent. The Governor (Queensland) or Governor-General (Commonwealth) gives royal assent on behalf of the Crown. The bill then becomes an Act.
8. Commencement. The Act commences on a date fixed by the Act or by proclamation.

Committees

Parliamentary committees scrutinise bills before or during passage. In Queensland, portfolio committees consider bills referred to them and report to the Legislative Assembly. This committee scrutiny partly compensates for the absence of an upper house.

Delegated legislation

Parliament cannot foresee every detail, so it delegates power to make subordinate rules to the executive. Delegated (subordinate) legislation includes regulations, rules and by-laws made under an enabling (parent) Act. In Queensland, delegated legislation is governed by the Statutory Instruments Act 1992 (Qld). Delegated legislation must stay within the power granted by the parent Act, or it is invalid (ultra vires), and it can be disallowed by Parliament.

Statutory interpretation

Once enacted, statutes must be interpreted and applied by the courts. Queensland courts apply the Acts Interpretation Act 1954 (Qld), which directs courts to prefer an interpretation that promotes the purpose of the Act (the purposive approach). The Commonwealth equivalent is the Acts Interpretation Act 1901 (Cth).

Examples in context

Example 1. A Queensland government bill. The Queensland Attorney-General introduces a bill in the Legislative Assembly. It is read a first time, debated at the second reading, examined clause by clause in consideration in detail, and passed at the third reading. Because Queensland is unicameral, there is no upper house. The Governor gives royal assent and the bill becomes an Act, commencing on the date it fixes.

Example 2. Delegated legislation under a parent Act. Parliament passes a road safety Act that authorises the making of regulations setting speed limits and fines. The executive then makes regulations under that power. The regulations are delegated legislation: they have legal force, but only within the scope of the parent Act, and Parliament can disallow them. If a regulation goes beyond the power granted, it is invalid (ultra vires).

Try this

Q1. Outline the stages a bill passes through to become an Act in the Queensland Parliament. [4 marks]

• Cue. First reading; second reading (main debate); consideration in detail (clause by clause); third reading; royal assent by the Governor; commencement. No upper house in Queensland.

Q2. Distinguish between an Act and delegated legislation. [3 marks]

• Cue. An Act is made by Parliament and passes all parliamentary stages with royal assent. Delegated legislation (regulations, by-laws) is made by the executive under power granted by a parent Act and must stay within that power.

Q3. Explain one effect of Queensland having a unicameral parliament on the law-making process. [3 marks]

• Cue. There is no upper house to act as a house of review, so committee scrutiny carries more weight; a government with a majority can pass legislation without an upper-house check.