Airbridge
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9 years ago Full length description of process:
Question 4(a)
Question: “Legislation must pass through several stages before it can become enacted law. Describe the process in detail, beginning with the introduction of the bill into the house of Representatives”
(10 Marks)
Aiming for twenty points of information-
START
The legislation process begins with either a public, local or private Bill. Public Bills apply to the whole community, local Bills to a particular area and private Bills to a particular person or group. These Bills are either introduced by a Minister as a Government Bill or by a individual members as a private member Bill.
Beginning with the introduction of a Bill into the House of Representatives, the Leader of the House informs the Clerk of the House of the intention of introducing the Bill. The Bill is then printed and circulated by the Clerk and made available to both the members of Parliament and the Attorney General. The next sitting day the Bill is introduced into Parliament although it is not debated. It now has a formal existence and is also publicly available. It is also during this period it is examined by the Attorney General for any inconsistencies with the Bill of Rights Act 1990.
At least three sitting days after its introduction, the Bill is brought to the House for what is known as the first reading debate. A member of the house moves for the Bill to be 'read' where only the title of the Bill is read and not the full document. It can then be debated for up to two hours but sometimes one for others. The member of House in charge of moving the Bill indicates which Select committee the Bill is to be referred unless the House decides the Bill is of a particular urgency or that it relates to financial matters. If the House agrees, the Bill is referred to the relevant Select Committee.
The Select Committee then examines the Bill and may recommend possible amendments to it. At this point the public may make submissions to the Bill in favour of particular amendments or removing sections. The Committee has six months to report back to the House unless another time frame is stated. If the Committee does not report within the relevant time period the Bill is then discharged from further committee consideration and moved into the next stage in the House.
The Bill along with an attached reprinted version containing the recommended amendments as well as a commentary forms the Select Committee Report. Amendments supported by the Committee are marked as either being supported unanimously or by a majority. Commentary contains information on the submissions received as well as discussion on the significant changes and the reasons behind them. This report is then presented back to the Clerk of the House.
After atleast another three sitting days, the Bill is debated in the House in what is known as the second reading debate. The principles of the Bill are then debated by the House and usually limited to twelve ten minute speeches, led off by the member in charge of moving the Bill. At the end of the debate the House is asked for a single decision on whether the select committee amendments that did not have unanimous support should be adopted. A motion is then put forward that the Bill should be read a second time. If passed the Bill and any of the accepted amendments are moved into the Committee of the whole House.
The House then becomes a 'Committee' of which all members belong and it is not chaired by a speaker. This is the only part of the legislation process where the Bill is debated clause by clause and can be amended by the House. There is usually no time limit on the debate and there are opportunities for five minute speeches on each provision. The number of the clause or other provision is read and then a question proposed that it stand as part of the Bill.
If a member of the House proposes a further amendment at this stage it is usually placed on what is known as a Supplementary Order paper and then circulated to the members in advance. At the end of this debate the question is put forth whether the change should stand as part of the Bill. Since 1995 the full debate of the Committee of the Whole house has been recorded in the 'Hansard', which provides a valuable record of the decision making in the House. The Bill is finally 'sat down' and another three sitting day period is given before the next stage.
The Bill with its amendments is now brought to the third reading. This is the last chance for members to debate the Bill and it can last for up to two hours although is usually shorter. Bills are rarely rejected at this stage.
A final good copy of the Bill is then made from which two copies are presented to the Governor General. Two other good copies of the bill are also stored, one with the High Court in Wellington and one with the Clerk of the House. The Governor General then must apply the power of Royal Assent as a representative of Queen for it to finally become a Statute and therefore enacted law.
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How do baby laws get made?
Expose this process visually so that people can tell where a law is in the process of being made.