4.1 In preparing bids or requests for variations, departments are required to give careful consideration to the appropriate type of bill to implement a proposal.
The options
Bills specific to one subject or amendment of one Act
4.2 A separate bill may be necessary or appropriate for:
- major new policy proposals not previously included in any legislation;
- sensitive policy issues which are likely to raise major political considerations or lengthy debates in one or both houses of the Parliament;
- the imposition of a tax or an increase in the rate of a tax (see section 55 of the Constitution
- the imposition of a customs duty or an increase in the rate of a customs duty (see section 55 of the Constitution and OPC’s Drafting Direction No. 3.2);
- the imposition of an excise duty or an increase in the rate of an excise duty (see section 55 of the Constitution and OPC’s Drafting Direction No. 3.2); and
- consequential amendments and transitional provisions that may be needed to accompany a bill for a new Act.
4.3 These separate bills would normally be titled to reflect the Acts that they are amending, e.g. the Parliamentary Proceedings Broadcasting Amendment Bill to amend the Parliamentary Proceedings Broadcasting Act 1946, or the major policy initiative they are implementing, e.g. the Parliamentary Proceedings Legislation Bill.
Multi-issue bills
4.4 Multi-issue bills are useful in reducing the number of bills from a broad area of policy that are put before the Parliament. Examples of such bills are Tax Laws Amendment Bills and many Crimes Legislation Amendment Bills. Multi-issue bills contain schedules, each of which deals with a particular policy initiative. Generally, the policy initiatives are all within the same broad area of policy (e.g. taxation, social security or criminal law). Each schedule may amend one Act or may include amendments to several Acts. Generally, the bills only relate to matters within one portfolio, although occasionally they will amend legislation from more than one portfolio where the portfolios have related functions.
Portfolio and omnibus bills
4.5 Portfolio bills may include amendments to a range of Acts within a portfolio or to related legislation within the portfolio and are suitable for:
- minor and relatively non‑controversial amendments to a range of legislation within the portfolio;
- non‑urgent amendments of an administrative or housekeeping nature (can be stockpiled until a convenient opportunity arises to include them in a bill).
4.6 The extent of the portfolio legislation being amended would normally be reflected in the title of the bill—for example, an Agriculture Legislation Amendment Bill could contain amendments to a range of legislation within the Agriculture portfolio, while a Fisheries Legislation Amendment Bill would contain amendments to legislation relating to fisheries matters.
4.7 In the same way, amendments to a range of Acts across a number of portfolios could be considered for an omnibus bill.
Annual appropriation bills
4.8 These bills appropriate funds for expenditure schemes where a specially tailored legislative scheme is not needed.
Statute Law Revision Bill
4.9 A Statute Law Revision Bill makes technical amendments to a number of Commonwealth Acts. The amendments included in such a bill deal only with tidying up, correction of errors, updating (including modernisation of style) and repeal of spent provisions. No proposals involving changes of policy will be included in a Statute Law Revision Bill. OPC will prepare a Statute Law Revision Bill when time permits.
4.10 Where OPC considers that a matter is purely formal (e.g. correction of errors, repeal of spent provisions, modernisation of style or a standard provision) and thus suitable for inclusion in a Statute Law Revision Bill, the First Parliamentary Counsel may approve the amendment and its inclusion in a portfolio or other bill.
4.11 Some changes that previously would have been made in Statute Law Revision Bills can now be made by the First Parliamentary Counsel using editorial powers under the Legislation Act 2003. The cases in which this can be done are quite limited. OPC can provide additional advice on this matter.
Closing off portfolio and multi-issue bills for introduction
4.12 The First Parliamentary Counsel has the discretion to ‘close off’ a portfolio bill or a multi-issue bill when it becomes too lengthy or is required for introduction.
Cognate debate of several bills
4.13 Related bills within a portfolio or across portfolios are to be bid for as a package and brought forward at the same time for the legislation approval process and introduction to enable the bills to be taken together or for a cognate debate (see paragraphs 12.31 and 13.23).