Introduction

11.1 For a bill to become an Act, it must be passed in the same form by each house and be assented to by the Governor‑General. 

11.2 A bill which has been approved for introduction by the Legislation Minister, on behalf of the Prime Minister, and received party clearance and any outstanding ministerial approvals or agreements, is available for introduction and debate. The questions to be considered while a bill is being finalised are: 

1. in which house is the bill to be introduced; and
2. when is it to be introduced.

Bills which cannot be introduced in the Senate

11.3 Section 53 of the Constitution provides that ‘proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate’. OPC will advise during the drafting process whether a bill can only be introduced into the House of Representatives.

Which house?

11.4 If a bill can be introduced into either house, the minister may consider whether there are advantages in introducing the bill in one house over the other. If there are no special considerations involved, it is customary for the bill to be introduced in the house in which the minister responsible for the bill is a member.

Double dissolution bills

11.5 Section 57 of the Constitution, which sets out the procedure for a double dissolution of the houses of Parliament when the Senate rejects or fails to pass government legislation, can operate only with respect to bills which have been first introduced in the House of Representatives. 

Timing of introduction

11.6 In the House of Representatives, bills are usually introduced on Wednesday or Thursday in a sitting week, following the legislation approval process on Monday and party clearance on Tuesday. Introduction in the Senate can occur on any day. To enable introduction of a bill to take place, the department must have arranged for delivery to the Table Offices in Parliament House of the required copies of the explanatory memorandum and the second reading speech. OPC arranges delivery of the bills.

Timing of debate on bills

11.7 The PLOs will advise the department of the timing of debate of a bill (see paragraphs 12.18 to 12.27 and 13.14 to 13.21). Departments must advise of any special timing requirements, or other factors impacting on the timing of debate of a bill, in the Legislation Overview which is provided to the Legislation Section for the legislation approval process (see paragraphs 8.7 to 8.10).

Passage of a bill through both houses

11.8 Broadly speaking, the process in both houses for passing a bill is the same and involves the following steps:

1. giving notice of intention to present a bill (not always required—see paragraphs 12.6 and 12.7);
2. presentation of the bill and first reading;
3. second reading—the minister tables the explanatory memorandum and moves that the bill be read a second time and either reads (in the House) or incorporates (in the Senate) the second reading speech;
4. resumption of second reading debate, including the minister’s summing up speech, and consideration of a bill in detail (in the House) or by the committee of the whole (in the Senate);
5. in the Senate, report of the committee of the whole and adoption of that report; and
6. third reading, i.e. passage by that house. 

11.9 Details of the procedure for the House are at Chapter 12 – Passage of a Bill through the House of Representatives and for the Senate at Chapter 13 Passage of a Bill through the Senate.

Appropriation bills

11.10 Section 56 of the Constitution provides that an appropriation bill shall not be passed unless the purpose of the appropriation has been recommended, in the same session, to the House of Representatives by a message from the Governor‑General. This section ensures that the control of all appropriations of public money is in the hands of the Government, which is responsible for the use made of that money (known as ‘the financial initiative of the Crown’).

11.11 Messages from the Governor‑General are prepared by OPC, which arranges for the responsible minister to advise the Governor‑General to sign the required message. The signed message is transmitted to the Clerk of the House of Representatives. 

11.12 In most cases, where the Senate cannot amend a bill, it may request the House to make the amendment (see paragraph 9.13).

11.13 An amendment to a bill which would increase the amount or extend the objects and purposes or alter the destination of an appropriation recommended by the Governor‑General can be moved only if a further message is received. Accordingly, private members of the House cannot move amendments which would have this effect.

Appropriation Bills Nos. 1 and 2; and the Appropriation (Parliamentary Departments) Bill

11.14 These bills are introduced on Budget night by the Treasurer. The second reading speech on the Appropriation Bill (No. 1) is the ‘Budget Speech’. A message from the Governor‑General under section 56 of the Constitution is required for each of these bills.

11.15 The effect of sections 53 and 54 of the Constitution is that the Appropriation Bill (No. 1) can appropriate revenue only for the ordinary annual services of government (departmental expenses and administered expenses incurred on continuing programs for which there are no special appropriations). The Senate cannot amend the bill but can request the House to make amendments.

11.16 Appropriation Bill (No. 2) appropriates revenue for the current financial year for equity injections and loans to agencies, as well as administered capital funding, expenses in relation to grants to the states and administered expenses on new outcomes for which no special appropriation is planned. The Senate may amend the No. 2 bill (but see paragraph 11.19).

11.17 Appropriation Bills Nos. 3 and 4 are referred to as the additional or supplementary estimates. Appropriation Bill (No. 3) appropriates funds for ordinary annual serv/node/5968#11.19ices, while Appropriation Bill (No. 4) provides for other expenditure—that is, they parallel Appropriation Bills Nos. 1 and 2.

11.18 The Appropriation (Parliamentary Departments) Bill appropriates revenue for the current financial year for the expenses of the Parliament. The Senate may amend the bill (but see paragraph 11.19).

11.19 If the Senate seeks to amend the Appropriation Bill (No. 2), the Appropriation Bill (No. 4) or the Appropriation (Parliamentary Departments) Bill with the effect that ‘any proposed charge or burden on the people’ is increased, it is necessary for the Senate to request the House to make such an amendment.

Bills containing special appropriations

11.20 A special appropriation is included in a bill when it is desired to provide for an automatic authority to pay funds where an entitlement exists or to provide for a payment separately from an annual appropriation bill (see also paragraphs 5.64 to 5.65). The Government decides on a case‑by‑case basis whether an annual appropriation or a special appropriation is to be used for a particular government function. A message from the Governor‑General is required for bills containing special appropriations. 

Bills implementing an international treaty

11.21 Consistent with Joint Standing Committee on Treaties (JSCOT) Report 55, in relation to bills which implement international treaties, every effort is to be made to ensure that the Committee has due time to consider all treaty action before relevant implementing legislation is introduced. However, due to the national interest, this may not always be possible. It remains open for the Parliament to delay considering such legislation until the Committee has reported.

11.22 Departments are to keep track of proposed legislation and subordinate legislation that implements a treaty and ensure that, where possible, legislation is not introduced or subordinate legislation laid before the Parliament before JSCOT has reported on the relevant treaty.

11.23 In cases where legislation or subordinate legislation is submitted before JSCOT has reported on a treaty, departments must:

1. advise their minister, and other ministers with an interest in the treaty‑enabling legislation or legislative instrument, that JSCOT has not yet reported;
2. include advice in the explanatory memorandum (or other supporting material) that JSCOT has not yet reported, and provide a reason why the Government has decided to proceed before the Committee has reported; and
3. advise the PLOs in the Senate and the House of Representatives.

Private Members’ and Senators’ bills

11.24 The process for introduction of bills by private members or senators and the time set aside for debate on such bills will vary depending on the house.

11.25 The drafting of a private member’s or senator’s bill is the responsibility of the member or senator concerned, and is usually drafted by parliamentary officers or, occasionally, by OPC.

11.26 Ministers may ask their departments to provide briefing and assist during debate on these bills as relevant to the portfolio. The PLOs can advise on debate timing in these cases.