How does a bill become an Act of Parliament?
Explain how parliament makes statute law, including the stages a bill passes through to become an Act.
How parliament makes statute law: the role of the two houses and the Crown, and the stages a bill passes through from first reading to royal assent.
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What this dot point is asking
You must explain the role of parliament as a law-maker and describe, in order, the stages a bill passes through. Use correct terminology for both the Commonwealth and South Australia.
Parliament as the supreme law-maker
Statute law, also called legislation, is the main source of new law in Australia. Parliament is the supreme law-maker within its constitutional powers: it can make, change or repeal law, and statute prevails over inconsistent common law. Most Australian parliaments are bicameral, meaning they have two houses, plus the Crown.
- The Commonwealth Parliament has the House of Representatives (lower house) and the Senate (upper house), with the Governor-General representing the King.
- The South Australian Parliament has the House of Assembly (lower house) and the Legislative Council (upper house), with the Governor representing the King.
The stages of a bill
A bill is a proposed law. To become an Act it passes through these stages, usually starting in the lower house.
- First reading. The bill is formally introduced and its title read. There is no debate.
- Second reading. The minister explains the purpose and principles of the bill, and members debate its general merits. This is the main debate stage.
- Committee or consideration in detail stage. Members examine the bill clause by clause and propose amendments.
- Third reading. The bill, as amended, is voted on in its final form in that house.
- The other house. The bill is sent to the upper house, where the same stages are repeated. The upper house may pass it, amend it or reject it.
- Royal assent. Once both houses agree on the same text, the Crown's representative (the Governor-General federally, or the Governor in South Australia) gives royal assent.
From Act to enforceable law
After assent the bill becomes an Act. The Act usually states when it commences, which may be on a fixed date, on a date set by proclamation, or 28 days after assent if no date is specified. Only once it commences is the law in force and enforceable.
Why the process has so many stages
The multiple stages and the two houses serve clear purposes.
- They allow scrutiny and debate, so flaws can be identified and amendments made.
- The upper house acts as a house of review, providing a second, often independently composed check.
- They give time for public and expert input and for the opposition to test the government's reasoning.
The trade-off is that the process can be slow, and a government without a majority in the upper house may struggle to pass its program. Where the two houses deadlock at Commonwealth level, the Constitution provides a double dissolution mechanism to resolve the impasse.
South Australian and Commonwealth context
The process is essentially the same across Australian parliaments, with differences mainly in the names of the houses. In South Australia a bill passes the House of Assembly and the Legislative Council and receives assent from the Governor. Remembering the correct chamber names for the jurisdiction in the question shows precision and avoids losing easy marks.
Exam-style practice questions
Practice questions written in the style of SACE Board exam questions on this dot point, with worked answer explainers. The year tag is the paper they imitate, not the source.
2018 SACE Stage 21 marksIdentify one feature of the first reading stage in the law-making process.Show worked answer →
At the first reading stage, the Bill is formally introduced to the House and its long title is read; copies are made available to members. There is no debate and no vote on the substance at this stage - it simply puts the Bill before the House and places it on the record so that the second reading (where the principles are debated) can follow.
2018 SACE Stage 21 marksDefine what is meant by 'royal assent'.Show worked answer →
Royal assent is the formal approval of a Bill by the Crown's representative - the Governor-General for Commonwealth Bills, or the Governor for state Bills - after the Bill has passed both Houses of Parliament. It is the final stage in the law-making process, at which point the Bill becomes an Act of Parliament and law (commencing on a stated date or on proclamation).
2018 SACE Stage 24 marksOutline the differences between public (government) Bills and private members' (or senators') Bills.Show worked answer →
For four marks, contrast the two on at least two clear points and develop them.
Public (government) Bills are introduced by a government minister and reflect government policy. Because the government usually commands a majority in the lower house, these Bills make up the great majority of legislation and are very likely to pass.
Private members' (or senators') Bills are introduced by a member or senator who is not a minister (including opposition, minor party and backbench members). They often raise issues of conscience or matters the government has not taken up. They are far less likely to pass, because they lack guaranteed government support and limited parliamentary time is given to them.
The key differences are who introduces the Bill, whether it carries government backing, and its likelihood of becoming law.