Royal Assent

14.1 When a bill has been passed by both Houses of Parliament in the same form, it is presented to the Governor‑General for Royal Assent. The Governor‑General may assent to the bill in the Sovereign’s name, withhold assent or reserve the proposed law for the Sovereign’s pleasure (Constitution, section 58). The Sovereign may disallow any law within one year of the Governor‑General’s assent (Constitution, section 59). Disallowance has never occurred.

14.2 A proposed law reserved for the Sovereign’s pleasure does not have any force unless and until, within two years from the day on which it was presented to the Governor‑General for the Sovereign’s assent, the Governor‑General makes known to each of the Houses of Parliament, or issues a Proclamation, that the bill has received the Sovereign’s assent (Constitution, section 60). This procedure has been used only very rarely for bills affecting the sovereign personally.

14.3 The Governor‑General may return to the house in which it originated any proposed law presented for Royal Assent, with amendments recommended to be dealt with by the two houses (Constitution, section 58). This procedure is used, but rarely, to recommend amendments of a formal nature or to correct important errors that may be discovered after passage of a bill through the Parliament. In practice, it is done only on the recommendation of the Attorney‑General (see paragraph 14.8).

Normal Assent Procedures

14.4 A bill is reprinted and a check and certification of the reprinted bill is made by officers of the house in which the bill originated, and by OPC, after passage by both houses and before presentation for assent. This process takes time, particularly if the bill has been amended by the second house. 

14.5 Any consequential arrangements for commencement of the Act (e.g. public announcements or launches, or any implementation of any action under the provisions of the bill) must allow for the time involved in preparing a bill for assent.

14.6 The Presiding Officer of the house in which the bill originated writes to the Governor‑General submitting copies of the bill and requesting the Governor‑General’s assent to the bill. Each copy of the bill bears a certificate signed by the Clerk of the originating House, noting that it originated in the House concerned and that it has been passed by both houses. The Presiding Officer also sends a copy of the bill to the Attorney‑General with advice that the bill is ready for presentation to the Governor‑General and that it is proposed to present it immediately. The relevant Table Office also provides copies to OPC.

14.7 In accordance with a standing request, the Governor‑General is advised by the Attorney‑General in respect of each bill whether, under section 58 of the Constitution, to reserve the bill for the Sovereign’s pleasure or to suggest amendments. The Attorney‑General’s letter is referred to as the ‘Attorney‑General’s certificate’ and is prepared by OPC.

14.8 The First Parliamentary Counsel informs the Attorney-General before the certificate is signed whether the bill was amended in either house and whether there are any amendments the Attorney‑General might wish to advise the Governor-General to recommend to the Parliament. The Attorney‑General’s certificate, with the copy of the bill attached, is delivered to the Governor‑General by OPC.

14.9 Royal Assent is given by the Governor‑General signing two copies of the bill. One signed copy is returned to the Clerk of the house in which the bill originated, and the other is sent to OPC. OPC advises the instructing department when Royal Assent has been obtained and the Act number.

14.10 Royal Assent is usually obtained within 8 to 10 working days, although the period can be longer or shorter depending on the number of bills and whether expedited Royal Assent is needed. If urgent Royal Assent is required, the department must contact the Legislation Section as soon as possible. The Legislation Section will consider the matter, in consultation with OPC and officers of the house in which the bill originated. Departments may wish to note that Royal Assent does not require a meeting of the Federal Executive Council.

14.11 Apart from the most exceptional cases, it would be improper for anyone involved in the processes of preparing a bill for Royal Assent to delay the presentation of the bill to the Governor‑General. If it appears that exceptional circumstances might make a delay appropriate, advice is required to be sought from the Attorney‑General’s Department.

14.12 OPC has an instructor guidance note which covers some of the issues discussed above: see OPC’s Instructor Guidance Note on what happens after a bill is passed.

Commencement of Acts by proclamation

14.13 In the case of an Act expressed to operate from a date to be proclaimed (see paragraph 5.34), departments must ensure that, after Royal Assent, there is adequate time to arrange the proclamation by the Governor‑General in Council.

14.14 Proclamations fixing commencement dates for Acts or sections of Acts are drafted by OPC on instructions from the department responsible. The department will also need to prepare an Executive Council Minute and explanatory memorandum—to be signed by the minister and approved by the Federal Executive Council—and an explanatory statement, and to make arrangements to register the proclamation on the Federal Register of Legislation at least one day before the date fixed by the proclamation. Further details on these procedures are set out in the Federal Executive Council Handbook or can be obtained from the Secretary to the Federal Executive Council in PM&C.