Legislation Handbook

The purpose of this handbook and guidance material is to provide a description of the procedures involved in making Commonwealth Acts, especially the procedures coordinated by PM&C.

Chapter 7: Preparing the support material – explanatory memorandum and second reading speech

Explanatory memorandum

The purpose of an explanatory memorandum

7.1 An explanatory memorandum is a companion document to a bill, to assist members of the Parliament, officials and the public to understand the objectives and detailed operation of the clauses of the bill. It helps a reader to understand the intent and effect of the legislation and may play an important role in a statute’s interpretation.

7.2 The Acts Interpretation Act 1901 (section 15AB) allows an explanatory memorandum (and also a second reading speech—see paragraphs 7.45 to 7.47) to be used by a court to interpret legislation to:

  1. confirm that the meaning of a provision is the ordinary meaning conveyed by the text of the provision taking into account its context in the Act and the purpose or object underlying the Act; or
  2. determine the meaning of a provision when:
    1. the provision is ambiguous or obscure; or
    2. the ordinary meaning conveyed by the text of the provision taking into account its context in the Act and the purpose or object underlying the Act leads to a result that is manifestly absurd or unreasonable.

When an explanatory memorandum is required

7.3 An explanatory memorandum is required for every bill introduced in the Parliament except in relation to cognate bills, where a single memorandum may be used for more than one bill (see paragraph 7.44). The minister tables the memorandum during the process of introducing the bill. To meet the requirements of paragraph 15AB(2)(e) of the Acts Interpretation Act 1901 , the explanatory memorandum—and any supplementary, revised or replacement explanatory memorandum or correction/addendum to an explanatory memorandum—must be tabled in the House or the Senate. 

Who prepares an explanatory memorandum

7.4 Preparation and printing of the explanatory memorandum are the responsibility of the instructing department. Departments are encouraged to commence preparation of the explanatory memorandum early in the drafting process. The memorandum must be available for consideration by the Legislation Minister as part of the legislation approval process at the same time as the finalised bill; printing of the explanatory memorandum usually occurs after the approval process. (See Chapter 8 The Legislation Approval Process for Bills prior to Introduction in the Parliament on the legislation approval process and relevant documents in the appendices.)

The form and content of an explanatory memorandum

7.5 An explanatory memorandum must have: 

  1. a cover sheet (see paragraphs 7.9 to 7.10);
  2. a general outline (see paragraphs 7.11 to 7.21) including:
    1. a financial impact statement;
    2. an Impact Analysis, where required;
    3. a statement of compatibility with human rights; and
  3. notes on clauses or on amendments (see paragraphs 7.22 to 7.24).

7.6 An explanatory memorandum is circulated by authority of the responsible minister (either the portfolio minister or another minister in the portfolio). Ideally, the memorandum will be submitted to the minister for approval of the text at the same time as the bill prior to the legislation approval process (see paragraph 6.7 and Chapter 8 The Legislation Approval Process for Bills prior to Introduction in the Parliament).

7.7 As an explanatory memorandum is available publicly once it is tabled, it must not contain any confidential material. 

7.8 A good explanatory memorandum sets out the objectives for the bill and explains the operation of each clause rather than simply paraphrasing its terms.

Cover sheet

7.9 The cover sheet must indicate:

  1. the year(s) of the current session of the Parliament (as shown on the bill), e.g. 2022 (if the bill is being introduced in the first year of the current session of the Parliament) and include each subsequent year, ending with the year of introduction;
  2. a heading ‘The Parliament of the Commonwealth of Australia’;
  3. the name of the house in which the bill is first to be introduced (see paragraph 11.4);
  4. the short title of the bill;
  5. a heading ‘Explanatory Memorandum’; and
  6. a statement that the memorandum is being circulated by authority of the relevant portfolio minister.

7.10 Different information is required on the cover sheet of an explanatory memorandum depending on whether the memorandum is: 

  1. for a bill being introduced for the first time (paragraph 7.3);
  2. to accompany government amendments (paragraphs 9.1 to 9.7);
  3. a replacement for a memorandum (paragraphs 7.42 and 7.43);
  4. a correction/addendum to a memorandum (paragraphs 7.42 and 7.43);
  5. for use in the second house where the bill has been amended in the first house (paragraphs 9.27 and 9.28); or
  6. for more than one bill (paragraph 7.44).

General outline

7.11 The general outline will have:

  1. the short title of the bill across the top of the page (or, in the case of a supplementary explanatory memorandum, ‘Amendments to the XYZ Bill 20xx’);
  2. a brief but clear statement of the purpose/objective of the bill or amendments;
  3. an outline of why the bill or amendments are required, the effect of the principal provisions, and an explanation of the policy background;
  4. a financial impact statement (see paragraphs 7.13 to 7.14);
  5. a full version of the Impact Analysis (IA), where an IA is required (see paragraphs 7.15 to 7.16); and
  6. a statement of compatibility with human rights (see paragraphs 7.17 to 7.21). 

7.12 The general outline commences on page 1 of an explanatory memorandum and pages must be sequentially numbered where the outline is more than one page. If possible, the combined statement of purpose/objective, the outline of the bill and the financial impact statement will be limited to one page.

Financial impact statement

7.13 A financial impact statement follows immediately on from the outline (see paragraph 7.11(c) above), and forms part of the general outline. It describes both the direct and indirect financial impact for the Commonwealth of the proposed bill including any savings, expenses, revenue losses or gains, or changes in net asset position or the fiscal balance resulting from the proposal(s). The financial impact of legislative proposals is to be shown to one decimal place in $million, e.g. $18.2m, $0.5m. If it is not possible to provide precise figures, an estimate of savings, expenses, revenue losses or gains, impact on net assets or the fiscal balance or a statement of the variable factors and difficulties in estimating the impacts must be included. If it is not possible to provide even an estimate of the impacts, the statement needs to give a broad outline of the expected financial impacts and reasons why it is not possible to provide figures. Indicate if there is no financial impact.

7.14 Where the bill provides for taxation concessions, the explanatory memorandum is to explain why the taxation system is preferred to direct outlays for giving assistance. Any impact of the bill on industry and other sections of the community is also to be addressed in the Impact Analysis.

Impact Analysis

7.15 Responsibility for preparing an IA lies with the department. If an IA is required, it must be prepared in accordance with the Australian Government Guide to Policy Impact Analysis (see reference at paragraph 2.13). The IA follows the financial impact statement and forms part of the general outline. Some ministers may prefer to state in the general outline that an IA is attached to the end of the explanatory memorandum.

7.16 Where the OIA has advised that an IA is not required, there must be no reference to the absence of an IA in the explanatory memorandum. Neither is an explanation of why an IA is not required or the advice from the OIA to the department to be included. If the IA relates to particular schedules and not to the whole bill, this will need to be indicated at the beginning of the IA. An explanation of why the IA does not cover the whole bill is not to be included.

Statement of compatibility with human rights

7.17 The Human Rights (Parliamentary Scrutiny) Act 2011 introduced a requirement for statements of compatibility to accompany all new bills and disallowable legislative instruments and established a new Parliamentary Joint Committee on Human Rights.

7.18 A statement of compatibility is an assessment of the compatibility of a bill or legislative instrument with human rights under the seven core international human rights treaties which Australia has ratified. There is no prescribed form for statements, although they are expected to form part of the general outline of the explanatory memorandum and follow the IA. Some ministers may prefer to state in the general outline that the statement is attached to the end of the explanatory memorandum. For legislative instruments, the statement of compatibility must form part of the explanatory statement.

7.19 Responsibility for presenting a statement of compatibility lies with the minister responsible for the legislation or the rule-maker. AGD is available to provide assistance in relation to statements of compatibility. It also provides legal advice on Australia’s international human rights obligations.

7.20 A range of templates and guidance materials are available. Agencies are not required to use these templates. However, they may assist in the preparation of statements of compatibility. These materials are available from AGD’s website—Tools for assessing compatibility for human rights. Specific questions about this requirement can be addressed to humanrights@ag.gov.au.

7.21 The Parliamentary Joint Committee on Human Rights will review all statements of compatibility as part of its consideration of a bill or legislative instrument. The Committee has issued Guidance Note 1 setting out its expectations of what is to be provided in statements of compatibility: statements are to read as stand‑alone documents and provide a detailed and evidence‑based assessment of the measures in the legislation against the limitation criteria.

Notes on clauses

7.22 Notes on clauses or amendments in an explanatory memorandum are intended to be a companion explanation to the clauses of, or amendments to, a bill and are to be drafted in a way that makes them accessible to, and understood by, both expert and non-expert users of the legislation. Notes are also to take into account those matters considered by the Senate Committee for the Scrutiny of Bills set out at paragraphs 7.27 to 7.29. The notes must avoid repeating the words of the bill or amendments or restating them in alternative language. As these notes are made public they are not to include any material that is not suitable for public release.

7.23 Departmental officers could consider using their drafting instructions to OPC as the basis for drafting the notes. Ideally, notes on clauses would (with equivalent requirements for notes on amendments):

  1. state the origin and intention of the clause by setting out what action is provided for in the clause and how the clause came about (including reasons why a clause is drafted in a particular way and when the clause commences);
  2. provide examples of the intended effect of the clause, or the problem it is intended to overcome;
  3. explain how the clause fits within the existing legislative framework (if appropriate) and relate it to other provisions in the bill, particularly where related clauses do not appear consecutively in a bill;
  4. consider the audience and tailor the content of the notes accordingly; for example, common concerns about business regulation or particular interest groups that could be affected by the legislation;
  5. explain the underlying policy to assist the courts to interpret potentially ambiguous provisions by explaining the policy intention behind a clause or an amendment to a clause. This is especially important as an explanatory memorandum is extrinsic material to which a court can refer under section 15AB of the Acts Interpretation Act 1901 when interpreting legislation;
  6. address significant issues as they arise during consultation on the legislation; any issues that are raised by OPC during the drafting process can be explained in the notes; and
  7. stand alone as much as practicable, so that the clause note can be read separately and give the reader a complete understanding of the reason(s) for the legislative change without having to read the whole explanatory memorandum. In some cases, such as where amendments involve several consequential changes, there may be merit in grouping some clause notes together.

7.24 Notes on clauses must:

  1. commence on a new page;
  2. be serially numbered;
  3. immediately follow the outline, financial impact statement, the IA (where required) and the statement of compatibility;
  4. have internal paragraph numbers;
  5. have consistent use of acronyms;
  6. have a centred or shoulder heading for each clause or group of clauses—the heading is expected to be the same as the heading in the bill for that clause or group of clauses; and
  7. have all the pages numbered in series following on from the general outline (excluding the cover sheet).

Departmental clearance processes

7.25 Departmental officers need to be aware of their department’s internal clearance processes. LLOs are able to provide this information to departmental officers. In all cases, the explanatory memorandum needs to be cleared by a Senior Executive Service officer with appropriate knowledge of the bill before it is submitted to the minister for approval and the bill introduced into the Parliament. Departments should consult with the relevant Minister’s office on the development of the explanatory memorandum. This will ensure that the explanatory memorandum fully and accurately explains the effect and operation of the proposed legislation and that it complies with the requirements set out in this handbook.

Concerns expressed by parliamentary committees

House of Representatives Standing Committee on Procedure

7.26 The House of Representatives Standing Committee on Procedure has commented in the past on the general standard of explanatory memoranda. An explanatory memorandum must be written in plain language and focus on explaining the effect and intent of the bill, or the amendments, rather than repeating the provisions. Information contained in the explanatory memorandum must be accurate and not misleading, and must reflect the final form of the bill to be introduced or the amendments to be moved (see paragraphs 9.17 to 9.20 for requirements where a bill is amended during passage).

Senate Standing Committee for the Scrutiny of Bills

7.27 The Senate Standing Committee for the Scrutiny of Bills provides comments to the Senate on bills which may:

  1. trespass unduly on personal rights and liberties;
  2. make rights, liberties or obligations unduly dependent upon insufficiently defined administrative powers;
  3. make rights, liberties or obligations unduly dependent upon non‑reviewable decisions;
  4. inappropriately delegate legislative powers; or
  5. insufficiently subject the exercise of legislative power to parliamentary scrutiny (Senate standing order 24).

7.28 The Committee has expressed concern in the past at the quality of explanatory memoranda. Where a measure in a bill is likely to be the subject of comment by the Committee (in its regular Scrutiny Digest), the reasons for proceeding in the manner proposed in the bill must be explained in the explanatory memorandum (see paragraphs 13.61 to 13.63).

7.29 Where a measure in a bill is not sufficiently explained in an explanatory memorandum, the Committee will seek a written explanation from the responsible minister. If explanatory memoranda address the issues likely to be of concern to the Committee, the need for the Committee to seek clarification will be reduced.

7.30 Officers involved in preparing an explanatory memorandum need to be aware of issues that fall within the Committee’s terms of reference and ensure that:

  1. the policy and legislative background are explained so that the reason and intent of a bill/provision or amendments are clear;
  2. examples of the intended effect of a clause or the problem it is intended to overcome are provided wherever possible;
  3. reasons for commencement dates are explained in detail, especially where (1) there is no specific commencement date; (2) commencement will be longer than six months after Royal Assent, or (3) an Act commences retrospectively. The explanatory memorandum must set out whether, and why, retrospective application of the Act would adversely affect any person other than the Commonwealth and, if applicable, include an assurance that no person would be disadvantaged by the retrospective application of the Act4;
  4. ‘legislation by press release’ is adequately explained—this is needed where it appears that a legislative taxation initiative has been implemented following a ministerial announcement and no reasons have been provided for backdating the commencement of the legislation to the date of that announcement. This is a form of retrospective commencement (Resolutions Expressing Opinions of the Senate No. 44);
  5. allowing the incorporation of other material by reference is justified and clearly explained. An example of this is when a bill proposes compliance based on the requirements of another document (such as a standard) as in force from time to time. When the other document can be amended without reference to the Parliament, the arrangement allows a change in obligations to be made without parliamentary scrutiny. In particular, the Committee looks to the nature of the material to be incorporated, whether there is free and ready access to it and how any affected person will be notified about a change in the material as in force from time to time (as any change gives rise to a change in the content of the law);
  6. the use of subordinate legislation is appropriate and an explanation is given for any unusual arrangements, such as using regulations for important measures that would normally be included in primary legislation or a ‘Henry VIII’ clause which authorises the amendment of primary legislation by delegated legislation (e.g. that ‘rules’ can modify the effect of the primary legislation);
  7. any wide delegation of powers is properly explained. For example, delegation to ‘a person’ or to ‘an officer below the level of Senior Executive Service’ would be of concern as the Committee prefers that a limit is set on either the sorts of powers that can be delegated or the categories of people to whom they are given, such as to holders of a nominated office, members of the Senior Executive Service or to persons holding specified qualifications;
  8. the use of strict or absolute liability offences is justified. Reference must be made to the Guide to Framing Commonwealth Offences, Infringement Notices and Enforcement Powers. The notes on clauses must also outline why the offences are appropriate in the circumstances in which they will be applied and provide background on the reasons for the decision to make an offence one of strict or absolute liability;
  9. notes on clauses set out the background to, and justify why there is, a reversal of the usual onus of proof;
  10. notes on clauses provide an explanation when a discretion is available but merits review has not been provided;
  11. notes on clauses provide an explanation where decisions are exempted from review under the Administrative Decisions (Judicial Review) Act 1977;
  12. notes on clauses provide strong justification where delegated legislation is not subject to parliamentary scrutiny (e.g. due to an exemption from disallowance or sunsetting under the Legislation Act 2003);
  13. if a levy or similar is being proposed, the primary legislation will usually include an upper limit or a formula or both, and notes on clauses provide an explanation for the proposed approach;
  14. if the privilege against self-incrimination will be affected, the notes on clauses need to provide an explanation for the proposal to remove the privilege and consideration be given to balancing the proposal with use immunity and derivative-use immunity, which also needs to be explained in the notes;
  15. notes on clauses explain why entry and search provisions are required, taking into account the Committee’s Fourth Report of 2000: Entry and Search Provisions in Commonwealth Legislation; and
  16. explanations are given for technical corrections, instrument-making powers and transitional and application provisions.
  17. This list is by no means exhaustive and departmental officers are encouraged to continue to note any concerns that the Committee may raise in its Scrutiny Digest. These documents reflect the Committee’s most recent views on issues and are available on the Senate Committees website. Departmental officers are expected to familiarise themselves with any relevant advice issued by PM&C as well as guidance materials issued by the Attorney‑General’s Department.
Parliamentary Joint Committee on Human Rights

7.31 The Parliamentary Joint Committee on Human Rights is a joint statutory committee which has the following functions under the Human Rights (Parliamentary Scrutiny) Act 2011:

  1. to examine bills for Acts, and legislative instruments, that come before either house of the Parliament for compatibility with human rights, and report to both houses of the Parliament on that issue;
  2. to examine Acts for compatibility with human rights, and report to both houses of the Parliament on that issue; and
  3. to inquire into any matter relating to human rights which is referred to it by the Attorney-General, and report to both houses of the Parliament on that matter.

7.32 The Committee considers the statement of compatibility to be the starting point of the Committee’s consideration of a bill or legislative instrument, and expects statements to read as stand‑alone documents and to include a detailed and evidence‑based assessment of the measures in the legislation against the limitation criteria.

7.33 If legislation does not engage any rights, the Committee expects that reasons will be given to support that conclusion.

7.34 If the bill engages human rights, the Committee expects that the statement will state whether rights are promoted or limited by the bill. If the bill promotes rights, the Committee expects that the statement will identify the relevant right and explain how the provisions of the bill will promote rights.

7.35 If the bill limits human rights (e.g. the bill reverses the burden of proof and so limits the right to be presumed innocent), the Committee expects that the statement will:

  1. identify the right that is limited and explain how relevant provisions limit the right;
  2. explain the purpose of the measure and why it is considered necessary. The measure must be aimed at achieving a legitimate objective. A legitimate objective is one that addresses an area of public or social concern that is pressing and substantial enough to warrant limiting the right;
  3. explain how the measure is likely to be effective in achieving the objective being sought, as it is not sufficient to put forward a legitimate objective if in fact the measure limiting the right would not make a real difference in achieving that aim;
  4. explain how the measure is proportionate. The statement could explain the extent of the interference with human rights, whether there are effective safeguards or controls (including the availability of review rights where relevant), and explain if any less restrictive measures to achieve the same objective were considered and why these were not adopted.

7.36 If the bill includes civil penalties, the Committee expects that the statement will explain whether the civil penalty provisions will be considered to be ‘criminal’ for the purposes of human rights law and, if so, explain whether the provisions are consistent with the criminal process rights in articles 14 and 15 of the International Covenant on Civil and Political Rights, including providing justifications for any limitations of these rights (see Guidance Note 2).

7.37 The Committee’s approach to human rights scrutiny and its expectations for statements of compatibility are set out in its Guidance Notes and other materials available on the Parliament House website.

7.38 Officers involved in preparing a statement of compatibility are required to be aware of human rights and be able to assess when human rights may be engaged, promoted or limited. The Attorney-General’s Department has prepared a list of policy triggers which may assist officers to identify when human rights are engaged. 

Printing an explanatory memorandum

7.39 An explanatory memorandum must be printed on international B5 size paper for presentation to the Parliament. If time does not permit that, the explanatory memorandum may be printed on A4 paper for initial presentation, but B5 copies must be supplied as soon as possible afterwards. 

7.40 The instructing department is responsible for arranging printing of the memorandum. This generally occurs after the memorandum has been approved by the minister and cleared through the legislation approval process. The department funds the setting-up cost of printing, introduction copies and any additional copies required for their own purposes, and also bears the cost of any run-on copies it requires for sale. Once finalised, the explanatory memorandum must be emailed to the relevant Table Office (i.e. the chamber in which the explanatory memorandum is to be tabled) for publication on the Parliament House website. 

Distributing an explanatory memorandum

7.41 The department is responsible for delivering copies of the explanatory memorandum to the Parliament and the PLOs prior to introduction. The required copies must be delivered to both Table Offices before introduction in the first house. Copies must also be supplied to the minister’s office as the minister will need to sign and table a copy when introducing the bill in the House of Representatives (see paragraph 12.10).

Replacement explanatory memorandum, or correction or addendum to an explanatory memorandum

7.42 Where, before the passage of a bill, an explanatory memorandum is found to contain a mistake which needs correcting, it may be necessary to issue a replacement explanatory memorandum or a correction to the explanatory memorandum. A correction to an explanatory memorandum would normally be used where a minor correction is being made which could be contained on one or two pages. If the correction is more substantial or involves correction to several areas of the explanatory memorandum, the department (in consultation with the minister) may wish to consider whether to issue a replacement explanatory memorandum.5 Similarly, an addendum or replacement explanatory memorandum may also be necessary to respond to recommendations raised by a parliamentary committee following its inquiry into a bill. In any event, the department must alert the PLOs and the relevant Table Office to arrange for the minister to present the correction or addendum to the explanatory memorandum or the replacement explanatory memorandum to the Parliament without delay.

7.43 In circumstances where agencies propose that the minister table an addendum or a correction to an explanatory memorandum in response to matters raised by the Senate Standing Committee for the Scrutiny of Bills or the Parliamentary Joint Committee on Human Rights, the following text must be included in the document: ‘This addendum/correction responds to concerns raised by the Senate Standing Committee for the Scrutiny of Bills (or the Parliamentary Joint Committee on Human Rights) in Scrutiny Digest No. XX, dated xx and/or xxx report of [year] dated xxx.’

Cognate bills and a combined explanatory memorandum

7.44 A separate explanatory memorandum is normally required for every bill, including cases where two or more bills are related. However, in those cases where a number of very closely related bills are introduced at the same time, a single document incorporating the explanatory memoranda for all the bills may be used if this is the most convenient way to present the information. A combined explanatory memorandum is appropriate only where all the bills are short, simple and closely related and where a single outline and financial impact statement will adequately explain the operation and effect of all bills in the package. 

Second Reading Speech

The purpose of a second reading speech

7.45 A second reading speech, explaining the purpose and policy objectives of a bill, is made or incorporated into Hansard by a minister after the second reading of a bill is moved in either house. In the House of Representatives the second reading speech is read immediately after the first reading of the bill. In the Senate the speech is normally incorporated in Hansard. As with the explanatory memorandum, the Acts Interpretation Act 1901 (section 15AB) provides that the second reading speech may be considered by a court interpreting the legislation to which it relates (see paragraph 2).

7.46 A second reading speech is the first argument the Parliament receives as to why a bill should be passed.

A second reading speech is required for every bill

7.47 A second reading speech is required for every bill, whether or not it is a companion or complementary measure to other bills being introduced at the same time. Where a number of related bills are introduced together, the purpose of the whole package may be outlined in the second reading speech for the principal bill, which is introduced first. The speeches relating to the complementary bills may be brief and simply outline how each fits into the package.

Preparing a second reading speech

7.48 A second reading speech is an essential part of Parliamentary proceedings and senior officers should actively engage in the development of this content. The speech explains the bill’s background and its key policy objectives. The minister’s objectives in relation to the bill, political considerations and intentions, and broader policy strategies which may span areas beyond the specifics of the bill are appropriately spelled out in the second reading speech.

7.49 In addition, a second reading speech may include the following:

  1. What benefits there are to Australia in the passage of the bill
  2. Why the current policy settings need to change
  3. What consultation has occurred
  4. How this bill connects to the history of this policy area
  5. Data that supports the policy position
  6. Information from the Impact Analysis or other policy development work
  7. Specific detail from the Explanatory Memorandum
  8. Other departmental information supporting the policy
  9. Comments from supportive stakeholders
  10. Cameos or examples of who will benefit
  11. Consequences or cost of failure to pass the bill
  12. How the bill interacts with, and supports, other initiatives of the Government 

7.50 A second reading speech does not provide detailed explanations of the bill or contain details of the financial impact; these are contained in the explanatory memorandum to be presented by the minister (see paragraphs 7.13 to 7.14).

7.51 A second reading speech is a document that is to be read aloud. Careful attention should be paid to length of sentences, unnecessary jargon and legalistic language, and using appropriate parliamentary terminology. Drafters may wish to consult with their communications area early in the drafting process.

7.52 While ministers will often refine a second reading speech with their office, departments must aim for a high quality draft that is persuasive and is the best articulation of the policy. Early consultation with a minister’s office is essential. 

7.53 Thorough fact checking and proofing is essential for the quality of the speech especially given the severe consequences of a minister misleading the Parliament. LLOs are asked to double check the citations in second reading speeches to ensure that the titles of Acts and bills are accurate.

The length of a second reading speech

7.54 With the exception of the Budget speech, the maximum time allowed for a second reading speech is 30 minutes in the House of Representatives (standing order 1) and 15 minutes in the Senate (standing order 189(1)). Having regard to the pressures on programming of government business, it is expected that a speech of up to 10 minutes would normally be sufficient to explain the bill and its key policy objectives.

Non-inclusion of formal words at the beginning and end of a second reading speech

7.55 The procedural wording for moving the second reading and tabling the explanatory memorandum will be provided to ministers by the Table Office of the relevant parliamentary department. Procedural wording must not be included in the second reading speech.

7.56 The headings on speeches for bills introduced in the Senate must not name a particular minister as the speech may be delivered or incorporated into Hansard by the duty minister (see paragraph 13.8). References to house-specific terms such as Speaker, President, House, Senate, members or senators must be avoided so that the speech can be used in the second house if the bill is not amended by the first house (see paragraph 7.58). Similarly, avoid minister-specific phrases such as I ;announced ... or, when I visited … etc.

Printing and distribution of second reading speeches

7.57 Once a second reading speech has been cleared by the minister, departments are responsible for arranging the printing and distribution of the speech. The speech may be printed on either international B5 size or A4 paper (single or double-sided) for presentation to the Parliament. Copies are to be delivered to both Table Offices and to the PLOs before introduction in the first house. Copies are also to be supplied to the minister’s office, including a copy for the minister to read when introducing the bill into the House of Representatives and a copy to provide to the Opposition if desired (see paragraph 12.12). Lastly, the speech is to be emailed to the relevant PLO (i.e. for the chamber in which the bill is to be introduced) to assist publication in Hansard.

Support material for the second house

Support material where a bill is not amended in the first house

7.58 For a bill which has not been amended in the first house, the versions of the second reading speech and the explanatory memorandum used in the first house may be used in the second house, i.e. there is no need for the department to lodge new versions, unless (in the case of the second reading speech) the first version contains house‑specific terms. Departments should arrange for printing and distribution as per 7.55.

Support material where a bill is amended in the first house

7.59 Where a bill has been amended in the first house, the explanatory memorandum must be revised accordingly. It is also good practice to review and, if necessary, revise the statement of compatibility with human rights. The reprinted explanatory memorandum is known as the revised explanatory memorandum (not the ‘replacement explanatory memorandum’), which is reflected in the cover sheet. The revised explanatory memorandum must match the revised version of the bill (the third reading print), which incorporates all amendments agreed to by the first house (see paragraphs 9.25 and 9.26).

7.60 The Table Office of the first house can provide departments with an advance copy of the third reading print of the bill to check against the revised explanatory memorandum. This would allow the revised explanatory memorandum to be printed and copies delivered to Parliament House before the amended bill is introduced in the second house.

7.61 The explanatory memorandum does not need to be reprinted:

  1. when a schedule of amendments agreed (or requested) by the second house is transmitted to the first house for consideration; or
  2. when a bill is presented for Royal Assent.

7.62 Where a bill has been amended in the first house, the second reading speech would not necessarily be revised for the second house unless the text of the speech would otherwise be made inaccurate or misleading by the amendments (e.g. minor amendments will often have no bearing on the speech).

7.63 See also paragraphs 12.42 to 12.49 and 13.43 to 13.50 for further details of requirements in the House of Representatives and the Senate.

Footnotes

  1. See OPC’s Instructor Guidance Note on commencement provisions and Drafting Direction No. 1.3: Commencement provisions.↩
  2. In contrast to a replacement explanatory memorandum, a revised explanatory memorandum is prepared for the second house if the bill has been amended in the first house (see paragraphs 8.42 and 10.25).↩