VPRS 14558 Acts of Parliament

An Act is a Bill that has been passed by both houses of Parliament, received Royal Assent from the Queen (represented by the Governor) and become law. The five key steps involved in making a law are:1) Policy Development - the complex process by which ideals, ideas and practical needs are formalised and expressed in party or Independent Members' policies.2) Draft Bill stage - the conversion of party (usually, though not exclusively, Government) policy into a series of statements and clauses that will eventually be placed before Parliament as a Bill. For the Government this task is undertaken by Cabinet.The technical detail of each clause is drafted by Parliamentary Counsel. The Public Service can also recommend administrative changes to the relevant Minister. When the draft Bill is expressed in a form acceptable to the Parliamentary party, it can be introduced into the Parliament.3) Parliamentary Processes - generally a Bill may be initiated in either House of the Parliament of Victoria although in practice most Bills originate in the Lower House. All financial Bills must be introduced in the Legislative Assembly.A distinction is made between a Government Bill, introduced by the appropriate Minister, and a Private Member's Bill, brought on by an Opposition, Independent, or Government backbench member.Examination of the Bill is then conducted in three formal stages, or "readings":Permission to introduce a Bill into Parliament and to proceed with it is obtained in the First Reading. No debate is allowed.In the Second Reading, some time after the First Reading, the principles but not the details of the Bill are debated.If at this stage the House decides to examine the Bill's clauses it has the option of proceeding to what is termed the Committee Stage of a Bill in which all Members (a Committee of the Whole) scrutinise and, if they decide, amend the Bill's clauses. That is, the Bill is committed.Occasionally, Bills are instead referred to a Select Committee for examination.After the committee phase the Chairman of Committees reports to the chamber on the status of the Bill. Usually the House has the option either of considering the Bill further in Committee or passing on to the third and final reading.The committee stage is not compulsory. When Bills are considered uncontroversial or are of a minor nature, the House may choose to avoid the committee stage and pass directly to the third and final stage of parliamentary examination.At the Third Reading, further debate may be permitted, but this is restricted and rarely resorted to. The Bill is then passed.When the Bill has passed the house of origin it is transmitted to the other Chamber where an identical scrutiny procedure is followed. Amendments may be made or suggested in which case messages pass between the two houses until unanimity is achieved.The Bill is now expressed in identical terms, agreed upon and accepted by both houses. When this occurs the parliamentary process is concluded.4) Royal Assent - the Queen, represented by the Governor, approves the Bill. It is now referred to as an Act of Parliament. (Further records relating to the passage of Acts through this stage can be found in VPRS 7584 Acts Given Royal Assent, VPRS 7585 Proclamations of Royal Assent and VPRS 14559 Acts Withheld from Royal Assent.)5) Commencement - the time from which the law, as specified in the Act of Parliament, applies. In Victoria this occurs on a day specified in the Act or if the Act so provides, on a day proclaimed by the Governor or if not otherwise stated, 28 days after Royal Assent.(The above description is taken from http://www.parliament.vic.gov.au/law.html)Acts are sometimes referred to as Statute Law. This is law made by Parliament, expressed in an Act.Until the end of 1985, each Act was identified by a number and long title (ie No. 5111, An Act to provide for Annual Holidays for Workers and for other purposes). From the start of 1986, an annual single number system was used. Therefore each Act was identified by its number, year and long title (i.e., Act No. 68/1992, Public Sector Management Act 1992). Frequently in its first section, an Act is also identified by a short title (This Act may be cited as the Factories and Shops (Annual Holidays) Act 1946).The remaining sections of an Act outline the law that is being created, including the creation of government bodies and their responsibilities under the Act, and penalties for its contravention. An Act may be accompanied by schedules, outlining, for example, pay scales of public servants affected by the Act or the division of land into zones for the purpose of an Act. A date of commencement may be specified in the Act, on which its provisions take effect, otherwise it commences on a day specified by the Governor, or 28 days after Royal Assent.From time to time, Acts which had undergone frequent revisions were consolidated. This is the process by which repetitions, contradictions, redundancies and obsolescence are eliminated and the law is unified into a coherent, mutually-reinforcing whole. In 1864-1865 the first of five consolidations of Victorian law took place. Further consolidations took place in 1890, 1915, 1929, and 1958. (www.parliament.vic.gov.au)The Acts were signed by the Governor of Victoria and the Clerk of the Parliament.