Week 4: Lawmaking

So now you’ve been clued up on what our Parliament looks like and how it’s formed, today we’ll discuss how Parliament does its main job, making laws.

Section 51 of the Constitution outlines a list of powers granted to the Federal Parliament when the States formed a Federation to create the nation of Australia in 1901. These include but are not limited to international trade, defence, quarantine, citizenship, and marriage. Any power not covered in Section 51 is deemed a power for the States. Sometimes, the laws overlap. In this instance, the Commonwealth overrules the States.

Before a law is passed, it’s called a bill. Generally, bills are introduced by the relevant Minister in the House of Reps. Ideas for a bill can come from anywhere, such as party room debates, election campaign promises, or suggestions from interest groups and constituents. Bills follow a process that takes them from the House of Reps to the Senate and then eventually to the Governor-General to provide Royal Assent.

First Reading:

After a bill is introduced, the bill’s short title is read out by the Clerk, known as the First Reading. When the Clerk reads the bill's name, it signals the bill’s passage into the next stage of the lawmaking process. Following the First Reading, the Minister will call on the bill to be read for a second time (Second Reading).

Second Reading:

Before the bill is read for a second time, the Minister will give an extended speech on the bill’s main ideas and purpose. This is followed by a debate between Members, which is usually adjourned to a later date. This can be weeks or months in the future, due to Parliament’s busy schedule. This adjournment allows Members to study the bill and consult with constituents and advisors. Following the debate, a vote is held on whether the bill will be read a second time, signalling its passage forward in the process. 

Committees:

During the process, bills can be referred to Committees. Committees are chaired by elected representatives, and different Committees have different specialities, such as economics, the environment and elections. Their purpose is to conduct a detailed inquiry into the bill and provide a report advising Government on what changes should be made. Referrals to Committees can be made following the Second Reading.

Consideration in Detail:

Once the vote passes and the bill is read a second time, the House then scrutinises the bill, line by line, clause by clause. Amendments can be suggested by Members, such as by omitting, adding or editing clauses. The House then votes to accept or deny the amendments. Following this, another vote occurs as to the bill being read for a third time (Third Reading), meaning the bill has been passed by the House of Reps and can be sent to the Senate.

Passage to the Senate:

A bill’s process in the Senate is the same as in the House of Reps. Bills are read by Clerks, followed by the Second Reading debate, and involve a third stage where amendments can be proposed and voted on. In the Senate, this stage of scrutiny is called the Committee of the Whole. After amendments are made, the bill is voted on in its final form. If the bill passed in the Senate differs from the one passed in the House of Reps, then it must return to the for another vote. For a bill to become law, it must be passed in the exact same form in both Houses.

Power of the Senate:

Due to the greater proportion of minor parties and Independents in the Senate, the Government often must negotiate with Senators (of varying political persuasions) to secure enough votes for legislation to pass. Additionally, Senate Committees are powerful checks on the Government, often involving rival Senators who can go into detail to scrutinise proposed laws in ways the average person wouldn’t have the time, resources, or energy to do. So, the next time you’re grateful at not being kept awake at night about proposed legislation, pass your thanks on to the Senate.

Assent:

The final step in the process is the bill receiving Royal Assent from the Governor-General. Following this, the bill becomes an Act of Parliament, a law to be enforced across Australia. At the moment, David Hurley is Australia’s Governor-General.

Conclusion:

So, now we’ve got the basics on Parliament. Another fundamental feature of Australian politics is the Constitution. Next week, we’ll look at the Constitution’s role as the legal framework that shapes how our country is run. We’ll also have a look at the 1967 referendum to include First Nations people in the Census. See you then!