In practice this will happen on the advice of the Prime Minister. Prorogation terminates a session see Parliamentary Calendar of Parliament. With both prorogation and dissolution, all business on the House of Representatives and Senate Notice Papers lapses and Parliament cannot meet.
After prorogation committees may or may not be able to meet and transact business depending on how they were appointed see Committees. The House of Representatives Practice notes that prorogation is disruptive and affords little advantage to MPs and the Parliament. For example, Parliament was prorogued in and to enable the Queen to open a new session. Recent practice apart from the circumstances preceding the double dissolution election has been for the Parliament to be prorogued just before the dissolution of the House of Representatives.
Up until the beginning of the 41st Parliament Before a bill becomes an Act it must be passed by both Houses of Parliament and receive royal assent from the Governor-General.
In each house the bill must proceed through three stages: first reading, second reading, and third reading. The Clerk would read out the full text of a bill so that MPs would know what they were debating. At the First Reading stage a bill is formally presented or introduced to the house by the responsible minister, and the Clerk then reads out its long title.
No vote on the bill is taken at this stage. At the Second Reading stage, which usually commences immediately after the first reading, the minister introducing the bill makes a second reading speech covering the purpose and content of the bill. Debate on the bill is then adjourned to a future sitting; during second reading debate the Opposition will indicate its stance on the bill.
At the conclusion of debate at this stage the House votes on the motion: That this bill be now read a second time. If the bill passes the second reading stage it may move to the Consideration in Detail stage where the specific clauses of the bill are examined and amendments put and voted on. This stage may be bypassed if Members agree that a bill need not be examined in detail. The Third Reading stage is usually a formal step only; debate is rare, but it does allow for the bill to be reviewed in its final form.
When the bill passes the third reading stage it has passed the House. Bills considered by the Federation Chamber are reported back to the House for consideration and vote prior to third reading. A Referendum is a vote of the people on a proposed amendment to the Australian Constitution. As provided for by the Constitution itself section , it is the only way in which the Constitution can be amended. If the referendum is passed by an overall majority of all voters plus a majority of the states, then the Constitution will be amended by legislation.
The result of a referendum is legally binding on the government. Sometimes this type of referendum is referred to as a constitutional referendum. There have been 44 referendums the last in but only eight have been successful. A constitutional referendum is different from a Plebiscite sometimes called an advisory referendum which occurs when an issue is put to a vote of the people as a means of gauging support or opposition. The results of plebiscites are not binding on governments and, if the issue in question happens to relate to the Constitution , do not result in any alteration of the Constitution.
For example, a poll simply asking whether people supported or opposed Australia becoming a republic would be a plebiscite not a referendum. The result would not alter the Constitution and nor would the Government be legally required to act on the result. The Standing Orders of both the Senate and the House of Representatives are made under section 50 of the Constitution , which provides that:.
The Standing Orders are adopted by each House and are considered to have ongoing standing effect. Sessional orders are standing orders which continue only for the period of the session of Parliament in which they were adopted. They do not have continuing effect beyond the session. Sessional orders are often introduced as a way of trialling proposed standing orders which then may or may not be adopted as ongoing Standing Orders.
Tabling or Presenting a document in Parliament means to formally place that document on the public record and enables it to be subject to action by Parliament. Numerous documents are presented to Parliament every year; those of a more substantial nature for example, parliamentary committee reports, Commonwealth Auditor-General audit reports, and reports of statutory authorities are included in the Parliamentary Papers series PPS by order of the relevant House of Parliament.
The PPS is organised into annual numbered sets and is indexed. In Britain the tradition of producing green and white papers is much stronger than in Australia at the federal level; the New South Wales and Queensland State governments have used the practice quite often in recent years. In Australia, at the federal government level, the release of what are generally called policy discussion papers or policy consultation papers rather than green papers is less common.
D McKeown, Oaths and affirmations made by the executive and members of federal parliament since , Research Paper series, —14, Parliamentary Library, Canberra, Elder and Fowler, eds, House of Representatives Practice , op. Department of the Senate, Senate Brief No. Annual reports may also be examined during the consideration of estimates. Department of the House of Representatives, Infosheet 4—Committees , op.
In the context of the ALP it has been argued that the national executive should be involved in these decisions.
See, for example: A. For example, on 16 February Senator Ian Macdonald LP, Qld asked that his name be recorded in support of amendments he proposed to the Parliamentary Entitlements Legislation Amendment Bill even though the amendments were defeated on the voices.
He failed to cross the chamber to vote with his colleagues in opposing the motion and was counted as having, inadvertently, voted with the Labor Opposition. Green and White Papers The process of making a law sometimes begins with a discussion document, called a Green Paper. Bills A Bill is the draft version of a law or Act. Ordinary Bills that do not affect the provinces Section 75 Bills An ordinary Bill that does not affect the provinces can only be introduced in the National Assembly NA.
Money Bills Section 77 Bills Money Bills allocate public money for a particular purpose or impose taxes, levies or duties. Constitutional Amendments Section 74 Bills As the highest law in the land, the Constitution is the foundation for a democratic society and protects the rights of all people. Bills other than Money Bills An ordinary Bill is introduced in the provincial legislature and is referred to the relevant Standing Committee.
Either public hearings may be held to hear the public's views regarding the Bill or a Standing Committee may invite interested parties to make written submissions to the Committee. The Committee then considers the Bill and may propose amendments to it. After consideration by the Committee, a report with recommendations on the Bill is submitted to the House.
If there is a majority of votes in favour of the Bill, the Bill is passed. If there is no majority, the Bill is rejected. Money Bills A Bill that appropriates money or imposes taxes, levies or duties is called a Money Bill. Money Bills are referred to the Committee of Finance for discussion for a maximum of seven working days.
After discussion, the Committee submits a report to the House. The Committee is not allowed to propose any amendments to the Bill, as there is not yet legislation that allows this. By a Committee Parliament has recently drafted rules and procedures enabling a Committee to initiate a Bill. Procedure for Committee Bills: 1. Section 73 2 of the Constitution and National Assembly provide that Committees may introduce legislation in the Assembly with the permission of the House 2.
Bills that do not affect the provinces section 75 Bills A draft Bill, which has been drafted by a government department, is submitted by the relevant Minister to the Cabinet for approval. The state law advisers must refine and approve the draft Bill. The Bill is then introduced and tabled in the National Assembly for what is known as the First Reading. The Bill is also published in the Government Gazette.
The Bill is then referred to the relevant Committee in the National Assembly which considers the Bill and may agree to it, propose amendments or reject the Bill, generally after a process of public consultation. The Second Reading then takes place where the Bill is debated and voted on at a sitting of the National Assembly.
If there is a majority of votes in favour, the Bill is passed and the Bill is then referred to the NCOP for consideration. The Act appears in the Government Gazette and comes into effect on a date determined by the President. Bills that affect the provinces Section 76 Bills Schedule 4 of the Constitution lists the matters that affect the provinces and which therefore have to be dealt with in Section 76 Bills.
The Bill will be referred to a National Assembly Committee for consideration. Sometimes public hearings will be held. The National Assembly would then either pass, amend or reject the Bill. It is then considered by each of the nine provincial legislatures. The NCOP Members will go back to their provinces so that they can participate in the debate in their own provincial legislatures.
Make some personal notes for yourself and try to identify the reasons why we have a democracy, how a democracy is achieved in the UK and why we have legal rules. Democracy, in theory, ensures everyone is treated fairly in the sense that power is not in the hands of one person or government body. The distribution of power in the UK is through a general election which allows citizens in the UK to vote for their chosen parliamentary candidate. This system enables the political party with the most votes to acquire the most seats MPs in the Westminster Parliament.
It is MPs who represent the UK citizens in Parliament and in this way there is a process that is designed to reflect the views of society when considering, discussing and passing new legislation. Making the decision to study can be a big step, which is why you'll want a trusted University. Take a look at all Open University courses. If you are new to University-level study, we offer two introductory routes to our qualifications. You could either choose to start with an Access module , or a module which allows you to count your previous learning towards an Open University qualification.
Read our guide on Where to take your learning next for more information. Not ready for formal University study? Then browse over free courses on OpenLearn and sign up to our newsletter to hear about new free courses as they are released. Every year, thousands of students decide to study with The Open University. Its purpose is to create debate on policy without actually committing to any specific action. Stakeholders and the public will be invited to comment on the Green Paper.
Each Green Paper will contain several alternative policies, which will be discussed before a final decision is made.
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