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The Legislative Process - the Making of an Act (Complex)

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The Legislative Process - the Making of an Act (Complex) Queensland Parliament Factsheet The Legislative Process - The Making of an Act (complex) The Legislation Process (for ordinary non-urgent government bills having passage in the ‘normal’ way). PUBLIC SERVICE EXECUTIVE GOVERNMENT PUBLIC OPINION THE POLICY Particularly amending Community needs and legislation of administrative • Election mandates pressures necessity • Governor’s speech • Party policy • New policy PARLIAMENTARY INDIVIDUAL COUNSEL MINISTERS AND THE DRAFT Advice on alternative DEPARTMENTS CABINET ways of achieving policy and fundamental legislative principles GOVERNMENT DRAFT BILL PARTIES • Presentation of policy (Authority to prepare Advice and/or clearance by Submission) Ministerial Policy Committees • Approval for Bill to be drafted CABINET and caucus meetings • Drafted by Parliamentary Counsel • Presentation of the Bill (Authority to introduce Submission) • Approval of the Bill PARLIAMENTARY APPROVAL COUNSEL Advice on alternative ways of achieving policy and THE PARLIAMENTARY PROCESS PUBLICATION AND fundamental legislative PUBLIC principles W www.parliament.qld.gov.au W www.parliament.qld.gov.au A BILL FOR AN ACT CONSIDERATION FIRST READING • Bill, explanatory notes and statement of compatibility • with human rights are tabled Bill made public • Minister delivers explanatory speech • Opposition and • Referral to a parliamentary committee community • Bill read a first time consideration COMMITTEE CONSIDERATION • Parliamentary committee examines Bill for up to six Governor may months recommend COMMITTEE REPORT amendments • Committee report tabled • Bill placed on Notice Paper SECOND READING • Minister speaks to the Bill and Committee report • Debate in principle • Agreed to Appropriation recommendation to CONSIDERATION IN DETAIL Assembly in respect of • Consideration clause by clause financial measures • Amendments may be made THIRD READING • Agreed to • Long title agreed to PASSES LEGISLATIVE ASSEMBLY LEGEND ROYAL ASSENT The common direction of GOVERNOR the legislative process THE ACT The process may proceed in a different direction ENACTMENT One way communication E [email protected] E [email protected] E [email protected] E [email protected] May be two-way communication PUBLICATION THE LAW • Assent notified in Queensland Government Gazette +61 7 3553 6000 +61 7 3553 6000 P P Updated January 2020 Queensland Parliament Factsheet The Legislative Process - The Making of an Act (complex) A bill is a proposal for a law, either a new law or Second reading a change to an existing law, placed before the At least one calendar day after the bill has been Parliament for its consideration. placed on the Notice Paper, the motion for the The majority of bills are introduced by the “second reading” is moved by the Minister in charge government. Ministers are responsible for introducing of the bill. The Minister then speaks to the bill and bills into the parliament. Individual Members also to the committee report for up to 30 minutes. of Parliament (MPs) who are not ministers may The Leader of the Opposition (or nominee) responds introduce bills and such bills are known as Private for up to 30 minutes. The second reading debate Member’s Bills. continues with contributions from government and Stages prior to Introduction in non-government members for up to 10 minutes each. the Parliament The Minister concludes the second reading debate The stages that occur before a government bill is with a speech in reply of up to 20 minutes. The Clerk introduced in Parliament are: reads the short title of the bill a second time. • Policy approval by the Government. All major Consideration in detail new policies, new or major expenditure and The next stage is consideration in detail where bills contentious matters must be approved by are examined clause by clause. During this stage, Cabinet. For legislation this is called the amendments may be proposed to individual clauses “authority to prepare a bill” stage. The proposed of the bill. legislation is then ranked in order of priority on the legislation program for the sitting by Third reading Cabinet; The Minister in charge of the bill moves the motion • Drafting instructions are prepared by the for the “third reading”. This is the last opportunity department sponsoring the legislation and sent for the parliament to consider the bill. The motion to the Office of the Parliamentary Counsel for www.parliament.qld.gov.au may be debated but it is restricted to the content the drafting of the bill; of the bill as it stands after consideration in detail • The draft bill and draft Explanatory Memorandum W and to why the bill should or should not be read a are submitted to Cabinet for “authority to third time. Debate from the second reading or the introduce a bill” approval; consideration in detail stages cannot be repeated. • Cabinet reviews the bill after drafting and before The motion for the third reading can only be it is introduced in Parliament; amended to dispose of the bill. Once the motion is • The Minister responsible for the bill seeks a agreed to, the Clerk reads the short title of the bill clearance from the parliamentary MPs of their a third and last time after the third reading motion party, for the bill’s introduction; has been agreed to. The long title of the bill is then • The final bill is printed ready for introduction in agreed to. parliament. First reading Enactment After the bill has been introduced in the parliament, Two parchment copies of the bill are signed by the the Minister nominates a parliamentary committee Governor, on behalf of the Queen. This is called to examine the bill. The Minister delivers a speech of Royal Assent and the bill becomes known as an Act of up to one hour, explaining the principles and policies Parliament. underpinning the bill. The Clerk of the Parliament When an Act has a commencement clause it usually reads the short title of the bill for a first time. states when an Act will come into force. It will Committee consideration specify that the Act comes into force- E [email protected] E [email protected] The nominated parliamentary committee considers • on a particular date or dates; the bill and has up to six months to prepare a report • or upon proclamation in the Government on that bill unless there is a resolution by the House Gazette. or by the Committee of the Legislative Assembly that If an Act does not have a commencement clause, it the time period be altered. will come into force on the date of assent when it is signed by the Governor. Committee report The committee tables the report and the bill is +61 7 3553 6000 P placed on the Notice Paper for the second reading debate..
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