How does an idea become a law of parliament?
Describe the legislative process by which a bill passes through parliament and becomes an Act.
The stages a bill passes through both houses of parliament and royal assent to become an Act, with Tasmanian and Commonwealth detail.
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What this dot point is asking
This dot point asks you to describe, step by step, how a bill travels through parliament to become enforceable law.
Where a bill comes from
A bill is a proposed law that has not yet been passed. Most bills are government bills, prepared by the executive to carry out its policy, and introduced by the responsible minister. A bill introduced by a member who is not a minister is called a private member's bill. Before drafting, the government may release a green paper (discussion document) or white paper (firm proposals) and consult the public, interest groups and experts.
Passage through the first house
A bill usually begins in the lower house (in Tasmania, the House of Assembly; federally, the House of Representatives), though some bills can start in the upper house. The main stages are:
- First reading: the bill is introduced and its title is read; there is no debate.
- Second reading: the minister explains the purpose and the house debates the general principles. This is the main policy debate, and the house votes on whether to proceed.
- Committee or consideration in detail stage: the bill is examined clause by clause and amendments can be made.
- Third reading: the house votes on the final form of the bill.
If the bill passes the third reading, it moves to the second house.
Passage through the second house
The second house (the Legislative Council in Tasmania, or the Senate federally) repeats essentially the same stages. As a house of review, it may pass the bill, amend it, or reject it. If it makes amendments, the bill returns to the first house, which must agree to the changes. The two houses may pass a bill back and forth until they reach agreement. A bill must pass both houses in identical form.
Royal assent
Once both houses agree, the bill is sent to the Crown's representative for royal assent. In Tasmania this is the Governor; for Commonwealth bills it is the Governor-General. Royal assent is the formal signing that turns the bill into an Act of Parliament. By convention assent is granted on ministerial advice and is effectively a formality. After assent the Act commences either on a date stated in the Act or on a date later proclaimed.
Deadlocks
The two houses can disagree so completely that a bill cannot pass. The Commonwealth Constitution provides a mechanism in section 57 for resolving such deadlocks through a double dissolution, where both houses are dissolved and an election is held, followed if necessary by a joint sitting. This shows how the system balances the upper house's reviewing power against the government's need to govern.
For exam answers, list the stages in order (first reading, second reading, committee, third reading, then the same in the second house, then royal assent), and stress that a bill must pass both houses and receive assent before it becomes an Act.