The Role of Parliament in Lawmaking

In Australia's Westminster-style parliamentary democracy, laws are made by the Commonwealth Parliament, which consists of two chambers: the House of Representatives and the Senate. For a piece of legislation to become law, it must pass both chambers and receive Royal Assent from the Governor-General on behalf of the King.

What Is a Bill?

A bill is a proposed law. It is the document that is debated, amended, and voted on before it becomes an Act of Parliament (a law). There are several types of bills:

  • Government Bills: Introduced by a minister on behalf of the government. The vast majority of legislation originates this way.
  • Private Member's Bills: Introduced by a non-minister MP, often to raise an issue or propose reform outside government priorities.
  • Private Senator's Bills: The Senate equivalent of private member's bills.

The Legislative Process Step by Step

1. First Reading

The bill is formally introduced to one of the chambers (usually the House of Representatives for government bills). The title is read and the bill is printed. No debate takes place at this stage.

2. Second Reading

This is the main debate stage. The minister or sponsor explains the purpose and policy intent of the bill. Opposition parties and crossbenchers respond. This is where the broad principles of the bill are debated.

3. Committee Stage (Consideration in Detail)

The bill is examined clause by clause. Amendments may be proposed and debated. This is also the stage where parliamentary committees may scrutinise the bill in depth, sometimes calling witnesses and producing reports.

4. Third Reading

The final vote on the bill in the originating chamber. If passed, the bill moves to the other chamber, where it goes through the same three-reading process.

5. Senate Review

The Senate plays a crucial role as a house of review. It may pass the bill as is, propose amendments, or reject it outright. If the Senate amends the bill, it returns to the House of Representatives for consideration of those amendments.

6. Royal Assent

Once both chambers agree on the final text, the bill is presented to the Governor-General. Royal Assent is the formal approval that transforms the bill into an Act of Parliament — a legally binding law.

What Happens When the Chambers Disagree?

If the Senate refuses to pass a bill twice, with a defined period between votes, the Prime Minister may advise the Governor-General to call a double dissolution election, dissolving both chambers and calling a full election. After a double dissolution, a joint sitting of both chambers can be called to resolve the deadlock — a mechanism used only once in Australian history, in 1974.

Delegated Legislation

Parliament also passes power to ministers and government bodies to make detailed rules under a parent Act. These are called regulations, determinations, or legislative instruments. They have the force of law but do not require the full parliamentary process, though they are subject to parliamentary scrutiny and can be disallowed.

Finding Legislation

All Commonwealth Acts, bills, and legislative instruments are freely available on the Federal Register of Legislation at legislation.gov.au. The Parliament of Australia website at aph.gov.au provides tracking of current bills, committee reports, and Hansard (parliamentary debate transcripts).