Most of us understand the very basic principles of right and wrong. Most of us understand what acts would be considered unlawful, and most of us know what laws to abide by. When it comes to understanding the legislative process, however; it’s often met with empty glances and thoughtful silence. How well do you know and understand the process of making a law in Queensland?
Herein lies a simplified view into the legislative process in Queensland, Australia.
The process of making a law first incapsulates the introduction of a Bill. The Bill in question, its’ urgency and origins, will determine how the law-making process will go forward.
So, to understand the making of a law, we must first understand the proposal for a law. This is called a Bill.
What Are Bills?
A proposal for a law or legislation that are introduced to Parliament is called a Bill. There’s certain stages that the Bill must go through to see it passing and leading to the creation of an Act or Law.
In Queensland, there’s only one parliamentary chamber, the Legislative Assembly. This means there is no senate or house of review. Therefore, a Bill can become a law without having to pass through the second chamber – which Is usually the case in other Australian states and Federal Parliament. (qld.gov.au)
Although, in theory, ‘bypassing’ a second chamber, there are seven other parliamentary stages of a Bill that must be taken.
The Seven Parliamentary Stages of Making a Law
Not including the process of introducing the Bill to the Parliamentary Court, there are seven steps through which a bill must pass.
Stage 1: A presentation and first reading The minister presents the Bill with explanatory notes and a statement of compatibility with human rights and nominates a parliamentary committee to consider the bill (in preparation for stage 2). The minister will give a presentation or explanatory speech which explains what the Bill is for, its’ principles and policies.
After the explanatory speech has been made, the Clerk will read out the short title of the bill.
Stage 2: Committee consideration
The committee play a large part in the legislative process. Made up of both government and non-government members of Parliament, they’re able to thoroughly examine the Bill and outline potential issues. The committee may also receive comments, requests or suggestions from the public OR from experts in the related field.
After the Minister nominates a parliamentary committee, this nominee will consider the Bill and prepare a report.
3: Committee Report
Following the committee’s consideration, they will prepare a report from the information and findings gathered. A report made by the committee must be done within six months, given there are no time alterations ordered by the Legislative Assembly.
After the report has been completed and finalised, the document is ‘tabled’ (meaning, literally, that a document has been laid on the Table) and the Bill is put on the Notice Paper, ready for a second reading.
4: Second Reading Much like the first reading, the Minister will have another opportunity to speak about the Bill during the second reading. If there’s need for debate, it will take place in the second reading with certain boundaries or restrictions in place. These being that the topics discussed may only be about the principles of the Bill, the report and any amendments the committee may recommend.
5: Consideration-in-detail
This will be a chance for further consideration to be made, this time, in detail. Amendments can be proposed during this stage about certain clauses in the Bill.
6: Third Reading
There’s a third (and final) reading, as moved by the Minister in charge of the Bill. As it is the final reading, this is the final chance for the parliament to consider the bill. A long title for the Bill will be agreed upon in the third reading.
7: Royal Assent
When all the stages have been completed, two copies of the Bill are officially signed by the Governor, on behalf of the Queen – given the name ‘Royal’ Assent. Once signed, the Bill a is assented, and is now known as an Act of Parliament.
The Act becomes Law
As we approach August 2021, there have been 13 Acts as passed in Queensland this year. With the creation of new Acts of Parliament and new laws in place, it’s hard to stay aware of legal changes in Queensland. At Creevey Russell Lawyers we’re always one step ahead – well aware of any and all new laws, acts and Bills passed in Queensland, Australia.
If you’re looking for legal guidance, please do not hesitate to reach out to us on 07 3009 655, or email creeveyrussell@crlawyers.com.au
We are a full-service law firm with a reach extending throughout western Queensland and offices in Brisbane, Toowoomba and Roma, putting us in the best position to deliver superior legal services to the people who need it most.