Legislation handbook / Department of the Prime Minister and Cabinet, Canberra
- Bib ID:
- 198071
- Format:
- Book
- Online Version:
- http://www.dpmc.gov.au/guidelines/docs/legislation_handbook.pdf
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- Description:
-
- Canberra : The Dept., c1999
- vii, 111 pages ; 30 cm.
- ISBN:
- 064242215X
- Full contents:
-
- Chapter 1. Introduction
- Purpose of the handbook
- When is legislation required?
- Consultation when developing legislation
- Primary or subordinate legislation
- An overview of the legislation process
- Who has responsibility for which legislation?
- Bills impacting on other ministers' legislation
- Participants in the legislation process
- ch. 2. Developing the legislation programme
- What is the legislation programme?
- Legislation priorities
- Parliamentary Business Committee (PBC) Minutes
- Failure to meet deadlines
- Deletions from the legislation programme
- Impact of legislation on business
- Preparing regulation impact statements
- Submitting a bid for a place on the legislation programme
- What is a bid?
- Deadlines for submission of bids
- Summary of information required for bids
- Submitting a request for a variation to the legislation programme
- What is a variation?
- Deadline for submission of a request for a variation
- Summary of information required for a variation
- The minister's covering letter for a variation
- Adding Budget bills to the legislation programme
- The standard format for providing details of bids and requests for variations to the legislation programme
- Information required on disk for bids and requests for variations
- ch. 3. Statements of reasons for the senate
- Purpose
- When is a statement of reasons required?
- Preparation and clearance
- ch. 4. Policy approval
- Levels of approval
- Commencing the process
- Cabinet approval
- Minor policy approval
- How and when to seek minor policy approval
- Consultation on policy aspects
- Approval of the text of amendments by other ministers
- Information to be included in requests for minor policy approval
- Ministerial approval
- First Parliamentary Counsel approval
- Announcement of legislation in advance of introduction
- ch. 5. Types of bills
- The options
- Portfolio bills
- Bills specific to one subject or amendment of one Act
- Annual appropriation bills
- Statute Law Revision Bill
- Closing off portfolio bills for introduction
- Cognate debate of several bills
- Office of Parliamentary Counsel (OPC) Client Advisors
- ch. 6. Preparation of drafting instructions
- Preliminary drafting instructions
- Final drafting instructions to be provided within 5 working days
- Responsibility for instructions and consultations
- Departmental instructing officers
- Drafting instructions
- Early access to drafters
- General principles drafting
- Specific matters which may need consideration
- Commencement
- Use of a specifed date
- Use of proclamation provisions
- Retrospective legislation
- Operation of Commonwealth Acts in external territories
- Norfolk Island
- Legislation binding the crown
- Saving and transition provisions
- Jurisdiction of courts
- Burden of proof, conclusive certificates, offences and penalties
- Secrecy provisions
- Administrative discretions
- Review of administrative decisions
- International obligations under human rights instruments
- Financial assistance for litigation
- Mention of specific ministers and departments
- Delegations
- Creation of statutory authorities or Commonwealth owned companies
- Financial provisions
- Accounting and audit arrangements
- International conventions and treaties
- Subordinate legislation : regulations, ministerial or agency declaration, principles and guidelines
- Form of draft bill - use of improved drafting style
- ch. 7. Drafting a bill
- Developing a draft bill
- Responsibilities of the Office of Parliamentary Councel (OPC) and the instructing department
- Comments to be provided within 5 working days
- Disagereement on the terms of a bill
- Ministerial clearance of a bill
- Security and advance disclosure/exposure of draft bills
- ch. 8. Preparing the support material : the explanatory memorandum and second reading speech
- Explanatory memorandum
- The purpose of an explanatory memorandum
- When an explanatory memorandum is required
- The form and content of an explanatory memorandum
- Cover sheet
- General outline
- Financial impact statement
- Regulation impact statement
- Notes on clauses
- Printing an explanatory memorandum
- Distributing an explanatory memorandum
- Replacement explanatory memorandum/correction to a memorandum
- Cognate bills and a combined expalantory memorandum
- Second reading speech
- The purpose of a second reading speech
- A second reading speech is required for every bill
- The content of a second reading speech
- The length of a second reading speech
- Non-inclusion of formal words at the beginning and end of a second reading speech
- References to ministers, Speaker, President, House or Senate and procedures in speeches
- Printing and distribution of second reading speaches
- Support material for the second house
- Support material where a bill is not amended in the first house
- Support material where a bill is amended in the first house
- ch. 9. The legislation aproval process for bills pror to introduction in Parliament
- All bills to be approved for introduction
- The legislation approval process (LAP)
- Papers to be lodged for the legislation approval process
- Outlines - additional copies
- Legislation Profile form
- Corrections and other late changes to bills/amendments
- Consideration by Joint Party
- ch. 10. Amendments during passage of a bill and supplementaty support material
- Introduction
- Government amendments
- Formal amendments
- PBC consideration of government amendments
- Drafting government amendments
- Request for amendments
- Supplemenatary explanatory memorandum
- Distributing and printing a supplementary explanatory memorandum
- Approval of government amendments
- Reprinting a bill to take account of amendments to a bill by the first house
- Revising an explanatory memorandum to take account of amendments to a bill by the first house
- Revising a second reading speech where a bill has been amended by the first house
- Amendments to a bill by the second house
- ch. 11. Party clearance
- Consultation with the government parties
- All bills and amendments to be cleared by Joint Party
- The process
- Government members policy committees (backbench committees)
- Joint Party
- The role of departmental staff
- Consultation with non-government parties
- ch. 12. Passage of a bill through Parliament
- Introduction
- Bills which cannot be introduced in the Senate, eg. money bills
- Which house?
- Double dissolution bills
- Timing of introduction
- Timing of debate on bills
- Passage of a bill through both houses
- Appropriation bills
- Appropriation Bills, Nos 1 and 2 : and the Appropriation (Parliamentary Departments) Bill
- Bills containing standing or special appropriations
- Private members' and senators' bills
- ch. 13. Passage of a bill through the House of Representatives
- Introduction
- House-initiated bills
- Preparation for introduction
- Notice of introduction
- Minister's papers for presenting a bill
- Presenting a bill - first reading
- Preparation for second reading debate and consideration in detail
- Resumption of second reading debate
- Cognate debate
- Consideration in detail
- Third reading
- Transmission of a bill to the Senate - reprinting the amended bill and explanatory memorandum/second reading speech
- Bills returned from the Senate with amendments
- Senate-initiated bills
- The Main Committee
- Presence of departmental advisors
- ch. 14. Passage of a bill through the Senate
- Introduction
- Senate-initiated bills
- Preparation for introduction
- Notice of motion to introduce a bill
- Minister's papers for presenting a bill
- Presenting (introducing) a bill
- First reading
- Second reading speech and adjournment of debate
- Preparation for second reading debate and committee of the whole
- Resumption of the second reading debate
- Bills taken together and cognate debates
- Non-controversial bills, Thursday lunchtime
- Selection of bills Committee and referral of bills
- Committee of the whole stage
- Third reading
- Transmission to the House of Representatives
- Bills returned from the House of Representatitves with amendments
- House-initiated bills
- Presence of departmental advisors
- Senate Standing Committee for the Scrutiny of Bills
- ch. 15. Procedures after passage of a bill
- Royal assent
- Normal assent procedures
- Commencement of Acts by proclamation.
- Notes:
-
- Includes index
- Also available in RTF and PDF formats via the Internet at: http://www.dpmc.gov.au/guidelines/docs/legislation_handbook.pdf
- Subject:
- Other authors/contributors:
- Australia. Department of the Prime Minister and Cabinet
- Terms of Use:
- Commonwealth of Australia 1999.
- Copyright:
-
In Copyright
You may copy under some circumstances, for example you may copy a portion for research or study. Order a copy through Copies Direct to the extent allowed under fair dealing. Contact us for further information about copying.
- Reason for copyright status:
- Until 2049 [Created/Published Date + 50 Years]
Copyright status was determined using the following information:
- Material type:
- Literary Dramatic Musical
- Published status:
- Published
- Publication date:
- 1999
Copyright status may not be correct if data in the record is incomplete or inaccurate. Other access conditions may also apply. For more information please see: Copyright in library collections.
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