What is the legislation program?

2.1 The legislation program is a list of government bills proposed for introduction in the Parliament in a sitting period. 

2.2 Prior to each sitting period of the Parliament, ministers are asked to advise the Prime Minister of their legislation requirements. 

2.3 The Parliamentary Business Committee of Cabinet (PBC) considers ministers’ requests and determines the drafting priority for each bill on the legislation program. The PBC may agree to requests from ministers to vary the legislation program during a sitting period.

Legislation priorities

2.4 The PBC prioritises legislation bids to ensure the appropriate allocation of drafting and parliamentary resources (including the time required to debate bills in each sitting period). The PBC has agreed that the following categories are to be used to identify the priority accorded to legislation on the program:

2.5 The category accorded each proposed bill will determine the priority for drafting by OPC. In setting the program, the PBC will take into account the following factors:

1. announced government priorities;
2. political and financial significance;
3. implementation dates and other timing considerations;
4. regulatory aspects of each bid; and
5. progress in developing policy and issuing drafting instructions.

Departments need to be realistic in the priorities they recommend that ministers seek for their bills. Legislation requirements are to be planned well in advance so that legislation is generally drafted for introduction in one sitting period for debate and passage in the next sitting period. Bills not intended for introduction until a later sitting period but which require the allocation of drafting resources can be included in the minister’s bids. 

Parliamentary Business Committee minutes

2.6 Cabinet minutes setting out PBC decisions about the legislation program, including deadlines applying to the sitting period, are sent to all ministers and departments. Minutes of the PBC do not normally require endorsement by the Cabinet. 

2.7 A decision by the PBC on a bill’s priority does not give approval for the policy underlying that bill. Similarly, an election commitment, a reference to proposed legislation in the Governor-General’s speech at the opening of a Parliament or a ministerial media release does not give policy approval or confer any priority on the legislation for a particular sitting period. Policy approval is a separate process (see Chapter 3 Policy Approval).

Failure to meet deadlines

2.8 Category T bills on the program which do not meet the deadlines set by the PBC for introduction may be downgraded in priority by the PBC. Similarly, a lack of progress in seeking policy approval or issuing drafting instructions for a bill may result in that bill being accorded a lower priority. The PBC will consider the views of ministers before deciding whether to downgrade bills on the legislation program. Decisions will be recorded in the Cabinet minutes. 

Deletions from the legislation program

2.9 If a bill on the program is not to go ahead, the departmental LLO is expected to advise the Legislation Section in PM&C and OPC in writing (email) as soon as practicable.

Impact of legislation on businesses, community organisations and individuals

2.10 The Government requires an Impact Analysis (IA) to be prepared for all proposed new or amending legislation which is likely to have an impact on businesses, community organisations or individuals, unless the impact is of a minor or machinery nature and does not substantially alter existing arrangements. All Cabinet submissions must contain an appropriate level of impact analysis.

2.11 Departments need to consider the IA requirements for each bill proposed to be included in the legislation program, and must contact the OIA to determine whether an IA is required.

2.12 An IA must be prepared by a department or agency if the OIA advises an IA is required. The purpose of the IA is to ensure that departments and agencies fully consider the costs and benefits of all viable options, with a view to choosing the options with the highest net benefit. The IA is to be submitted with the request for policy approval (see paragraphs 3.9(d), 3.12 (b) and 3.21(e)) and included in the explanatory memorandum (see paragraphs 7.15 to 7.16).

2.13 The Australian Government Guide to Policy Impact Analysis and related material are available to assist departments in the preparation of IAs.

Submitting a bid for a place on the legislation program

What is a bid?

2.14 A bid is a request from a minister for inclusion of a proposed bill on the Government’s legislation program. Bids are sought from ministers prior to each sitting period. Before submitting proposed bids to ministers for consideration, departments must be satisfied that amending or creating primary legislation is necessary. Departments should also think about the prioritisation of their individual program for their Department and portfolio agencies.

Deadlines for submissions of bids

2.15 The deadlines for the submission of bids for each sitting period are set by the PBC and recorded in the PBC minutes. LLOs are also advised of deadlines in legislation circulars issued by the Legislation Section.

2.16 Bids for legislation for the next sitting period are generally sought from ministers prior to the end of each sitting period. This timing allows drafting of bills required for the next sitting period to commence as soon as the current sitting period is completed.

Summary of information required for bids

2.17 A minister’s letter to the Prime Minister is to be accompanied by:

1. the details of each proposed bill for the forthcoming sitting period (see paragraphs 2.37 to 2.38); and
2. for each proposed category T bill, a statement of reasons explaining why the bill needs to be introduced and passed in the same sitting period (see paragraphs 2.42 to 2.47).

At the same time, an electronic copy of the bid and any statements of reasons are to be sent to the Legislation Section (see paragraphs mentioned above). LLOs can download the appropriate templates from the PM&C website.

The minister’s covering letter for bids

2.18 The minister’s bids letter must contain information about the bids and list bills in priority order within each category. The letter, bids and statements of reasons must include all the necessary documentation in support of the bids and their place on the program and address the requirements set by the PBC.

2.19 The minister’s letter must indicate clearly whether policy approval is also being sought and for which measures it is being sought, or whether approval will be sought by separate letter (see Chapter 3 Policy Approval for details on seeking minor policy approval). 

2.20 Where policy approval has already been obtained for particular measures in a bill, this must be clearly indicated under the heading ‘Policy approval’ in the accompanying details of the bid. In some cases, departments might usefully attach a table showing each measure, or group of measures; whether policy approval has been obtained (and, if so, the date of the Prime Minister’s letter or the Cabinet minute) or is yet to be sought; and whether the measure, or group of measures, is for approval by the Cabinet, the Prime Minister or the minister.

2.21 Where minor policy approval is being sought from the Prime Minister in the bids letter, the letter is required to state that policy approval is sought for amendments to the XYZ Act, which will be included in the ABC Bill, and details of the request included, as an attachment to the letter (see Chapter 3 Policy Approval for details on seeking policy approval). 

2.22 Ministers may also wish to provide an indication of the independent or non‑government members or senators’ likely attitude (if known), and the extent of consultations with such parties (if any). 

Submitting a request for a variation to the legislation program

What is a variation?

2.23 If, after the legislation program for a sitting period has been settled by the PBC, a minister wishes to:

1. add a new bill to the program;
2. upgrade the category of a bill, or part of a bill, already on the program;
3. add new measures to a bill already on the program; and/or
4. move substantial amendments, that require significant drafting resources, to a bill already in the Parliament (see paragraph 9.11).

The minister will need to write to the Prime Minister seeking authority to vary the legislation program.

2.24 PBC will consider the priority to be accorded to the minister’s proposal in the context of the Government’s overall legislative priorities.

2.25 If a bill is on the program and, in the course of drafting, there emerges a need for a separate consequential or transitional bill, or a separate bill to comply with section 55 of the Constitution, a variation request may not be required. 

2.26 In all cases, when considering whether a variation is required, departments must consult the First Parliamentary Counsel (FPC). If the FPC agrees that a variation is required, the department must advise the Legislation Section as soon as possible. Requests to vary the legislation program are considered by the PBC.

Deadline for submission of a request for a variation

2.27 For a variation request to be considered by the PBC, the minister’s signed letter to the Prime Minister is due with the Legislation Section in advance of PBC’s meeting. Consult with the Legislation Section on the due date for this letter. An advance copy of the minister’s letter is to be provided to the Legislation Section as soon as possible, to enable consultation within PM&C. 

Summary of information required for a variation

2.28 A minister must submit a request for a variation to the current program, in writing, to the Prime Minister.

2.29 A minister’s letter is to be accompanied by:

1. the details of the variation(s) sought in the standard format (see appendixes), including an indication of whether an IA is required (see paragraphs 2.37 to 2.38 and 2.12 to 2.13); and
2. for a proposed category T bill, a statement of reasons (see paragraphs 2.42 to 2.47).

Variation requests and any statement of reasons are to be set out in the appropriate templates and sent to the Legislation Section (see paragraphs mentioned above). Legislation Liaison Officers can download the appropriate templates from the PM&C website.

The minister’s covering letter for a variation

2.30 The minister’s letter is required to:

1. contain information about the variation;
2. explain why the variation is being sought for the current sittings rather than as a bid for a future sitting period; and
3. confirm that all policy approvals necessary for the proposed legislation have been obtained, or are being sought with the request, and that final drafting instructions have been issued. An explanation is to be included if these steps have not occurred as the lack of progress may influence the PBC’s decision on the request.

2.31 Ministers may also wish to provide an indication of the independent or non‑government members or senators’ likely attitude (if known), and the extent of consultations with such parties (if any). 

2.32 The letter is to provide all the necessary documentation in support of a variation request (i.e. details included in the appropriate template and a statement of reasons, where applicable).

2.33 Where policy approval has already been obtained for the proposed variation, this must be clearly indicated under the heading ‘Policy approval’ in the accompanying details of the variation by including the source and date of the approval.

2.34 Where minor policy approval is being sought from the Prime Minister in the variation request letter, the request is to be clearly identified in the covering letter (e.g. policy approval is sought for amendments to the XYZ Act which will be included in the ABC Bill) and details of the request are also to be included, as an attachment if appropriate (see Chapter 3 Policy Approval for details on seeking policy approval).

Adding Budget bills to the legislation program

2.35 Bills implementing decisions that form part of the annual Commonwealth Budget are normally given priority over other bills.

2.36 Budget related bids are essentially variations to the Winter legislation program and are submitted using a letter, variation template, and statement of reasons (see paragraphs 2.28 and 2.29). Bids are normally required by the Thursday after the Budget is delivered.

Templates for bids and variation requests

2.37 Details of bids and variation requests must be compiled on templates available from your departmental LLO. Departments must adhere to the templates. The information included in a bid or variation request must be accurate; information is not to be included in anticipation of the outcome of discussions which are yet to take place.

2.38 Completed draft templates are to be sent to the Legislation Section in advance, as soon as papers are ready to be submitted for signature by the minister. A hard copy of the templates is to be attached to the minister’s letter to the Prime Minister.

2.39 Completed templates and statements of reasons (if required) are to be sent to the Legislation Section.

Statements of reasons for the Senate

2.40 In order to achieve introduction and passage of a bill in the one sitting period, ministers must seek exemption from Senate standing order 111, which provides that the Senate will generally not debate a bill unless the legislation:

1. was first introduced in the Parliament in a previous sitting period; and
2. in the case of a House-initiated bill, was also received by the Senate before the expiration of two-thirds of the total number of days of the current sitting period (i.e. by the Senate cut-off date, indicated by the scissors on the parliamentary sitting pattern).

2.41 The Senate may consider exempting a bill from the order provided that the Government gives reasons for such exemption. 

When is a statement of reasons required?

2.42 Statements of reasons are required for all proposed category T bills and are to be submitted with the bid or variation request.

2.43 A statement is also required for the Senate when an exemption from the order is being sought. The statement of reasons is tabled at the same time the notice of motion is given for the exemption from the cut-off. The Legislation Section will contact LLOs in such situations to advise that a statement is required.

Preparation and clearance

2.44 Statements of reasons must be prepared in a form suitable for public release. If there is to be any embargo on the release (e.g. because policy approval has not yet been obtained), this can be noted on the bottom of the statement and in the minister’s covering letter.

2.45 Statements of reasons must be clear, concise and compelling to support the urgent consideration of the legislation by the Senate. They must:

1. set out:
   1. the title of the proposed bill;
   2. the purpose of the proposed bill;
   3. the reasons for the urgency requiring introduction and passage in the same sitting period;
   4. the effect if the bill is not dealt with in one sitting period; and
   5. if appropriate, why the need for the bill was not foreseen;
2. be cleared for circulation by the responsible minister and include an annotation that the statement is ‘circulated by authority of the Minister for XXX’; and
3. be included with the minister’s letter to the Prime Minister seeking category T status (either when bidding for a place on the program or seeking a variation to the approved program).

2.46 Each statement of reasons must be on a separate page and headed:

‘STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE 
IN THE 20XX XXX SITTINGS

XXXX BILL’

Statements are required to be sent to the Legislation Section in advance, as soon as papers are ready to be submitted for signature by the minister (see paragraph 2.42).

2.47 The term ‘Category T’ must not be used in the statement as this term has no relevance for senators and members. Instead, reference can be made to a bill for which introduction and passage in the one sitting period is being sought.

2.48 Statements of reasons will be noted by the PBC at the time a bid or variation request is considered, but responsibility for the content rests with the department and the minister giving his or her authority to the circulation of the statement.