Learning Objectives

By the end of this module, you will be able to:

• identify the different stages in the Bill-making process
• locate the materials generated at each stage
• explain the significance of these materials in terms of statutory interpretation

Introduction

As you should recall from your undergraduate studies, a Bill is a draft piece of legislation introduced into Parliament to make a new law or to amend an existing Act. Bills usually originate in the Lower House of Parliament and are introduced into Parliament by the relevant Minister. However, ordinary members of either House can propose new legislation or recommend amendments to current Acts in the form of a Private Member's Bill.

Passage of a Bill

The passage of a Bill through both Houses of Parliament (or a single House in the case of a unicameral Parliament) involves a number of stages. Each stage results in the publication of additional material which can be used by the courts to interpret the legislation.

• First Reading. At the First Reading of a Bill, the Minister seeks formal permission to introduce the Bill to the Parliament. Copies of the Bill are circulated to MPs along with an Explanatory Memorandum. The Explanatory Memorandum describes the purpose of the Bill in plain language. Explanatory Memoranda are regarded by the courts as valuable evidence for purpose of the Act.
• Second Reading. At the Second Reading of the Bill, a speech is given by the Minister putting forward the Bill. The Second Reading Speech is particularly important, as it gives additional details of the purpose of the Bill. At the Second Reading, a date is set down for future debate in the House on the Bill. The debates which follow the Second Reading Speech are recorded in Hansard, which the courts can consult when interpreting legislation. At the conclusion of the debate, a vote is taken on the question "that this Bill be now read a second time". If the House agrees, the Bill proceeds to either the Committee Stage (if there are amendments to be considered) or directly to the Third Reading. Select or Joint Committees formed to consider a Bill will often produce formal reports. These reports can be quite detailed and are among the materials which the courts can employ when seeking to interpret the meaning of an Act.
• Third Reading. After the Bill has passed the Second Reading or the Committee stage, a vote is taken on the question "that this Bill be now read a third time". The Third Reading, however, is a formality. If the vote is won, the Bill proceeds to the next House, where the three stages are repeated.

After the Bill has been passed by both Houses, it will be presented to the Governor-General or Governor for Royal Assent, whereupon the Bill becomes an Act.

In the case of unicameral parliaments, such as the Queensland Parliament or the Parliament of the Australian Capital Territory, the legislative process is greatly simplified. The Bill passes through the three Readings stages only once.

Finding primary sources for statutory interpretation

Commonwealth Parliament

• ComLaw. This source provides Explanatory Memoranda from 1996 onwards. Explanatory Memoranda are included with the text of the Bills.
• Committees. The Parliamentary Web site also provides the full text of Committee Reports.
• BillsNet. BillsNet is part of the Commonwealth Parliament site and provides Explanatory Memoranda and Second Reading Speeches for current Bills.
• Bills List. This page allows you to track the process of Bills through the Commonwealth Parliament.
• Hansard. The Hansards for the House of Representatives and the Senate are available from the Parliament site, as are the Hansards reports of Committee hearings. The Web-based version of Hansard is available from 1981 onwards. The Parliamentary site also includes an index of recent Hansards.
• Index to Explanatory Memoranda 1901–1982. This is an online database maintained by the Parliamentary Library.

State and Territory Parliaments

Australian Capital Territory

• Bills. The ACT Legislative Assembly site provides the full text of Bills from 1995 onwards. The Bills listing also includes separate links to the text of Explanatory Statements.
• Hansard. The Assembly Hansard is available in electronic form. It includes Ministerial Statements, Second Reading Speeches, the full text of debates and indexes.

New South Wales

• Bills. The NSW Parliament site includes the full text of Bills since 1997, as well as Explanatory Notes and Second Reading Speeches.
• Current Committee Reports. This page includes links to current and past Committee Reports.
• Hansard & Papers. The Hansard page includes links to the Hansards for the Legislative Assembly and the Legislative Council. The NSW Parliament site also has a link to Hansard by Bills.

Northern Territory

• Bills. This page, from the Northern Territory Legislative Assembly site, includes links to Bills, Explanatory Memoranda and Second Reading Speeches.
• Bills before the Legislative Assembly. This is a database of current Bills.
• Hansard. The Hansard pages from the Legislative Assembly site include not only reports from Parliament but transcripts of Committee proceedings.

Queensland

• Bills introduced into Parliament. Bills and Explanatory Notes for the Queensland Parliament are available from the Legislation Queensland site.
• Committee Reports. This page contains links to all current Committees and their reports.
• Hansard. These pages include an index of Hansard from 1990s onwards

South Australia

• Bills. The South Australian Legislation site includes current and past Bills and Explanatory Memoranda.
• Bills and Motions. Indexes to Bills are found on the site of the Parliament of South Australia.
• Select Committees. The Committees set up to inquire into a Bill are also available from the Parliament of South Australia site.
• Hansard. The Parliament of South Australia site provides the full text of Hansard from 1993 onwards. The Hansard includes the text of Second Reading Speeches and debates in Parliament.

Tasmania

• Bills. The Tasmanian Parliament site hosts an Annual Bills register. Note that Explanatory Memoranda are not included with the text of Bills. These are available only from the Parliamentary Library.
• Committees. The reports of Joint and Select Committees from 1997 onwards are available from the Tasmanian Parliament site.
• Hansard. The full-text of the Hansards for the House of Assembly and Legislative Council can be searched from the Tasmanian Parliament site.

Victoria

• Parliamentary Documents. Bills and Explanatory Memoranda are available here from the Parliament of Victoria site.
• Committees. The reports of Joint and Select Committees are available from links on this page on the Parliament of Victoria site.
• Hansard. The full-text of Hansards for the Legislative Assembly and Legislative Council can be searched from the Parliament of Victoria site.

Western Australia

• Current Bills. The Table of Bills allows you to find the full text of Bills, Explanatory Memoranda and links to Second Reading Speeches.
• Parliamentary Committees. Links from this page on the Parliament of Western Australia site take you to Select and Joint Committee reports published since 1997.
• Hansard Search . The Hansard Search allows you to search the full text of Hansard back to 1997.

Summary

This module dealt with:

• identifing the different stages in the Bill-making process
• finding the materials generated at each stage
• the significance of these materials in terms of statutory interpretation.