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56A How laws are made |
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Current Constitution |
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[Not in current Constitution: nearest equivalent sections are:
58 Royal assent to Bills
When a proposed law passed by both Houses of the Parliament is presented to the Governor-General for the Queen’s assent, he shall declare, according to his discretion, but subject to this Constitution, that he assents in the Queen’s name, or that he withholds assent, or that he reserves the law for the Queen’s pleasure.
Recommendations by Governor-General
The Governor-General may return to the House in which it originated any proposed law so presented to him, and may transmit therewith any amendments which he may recommend, and the Houses may deal with the recommendation.
59 Disallowance by the Queen
The Queen may disallow any law within one year from the Governor-General’s assent, and such disallowance on being made known by the Governor-General by speech or message to each of the Houses of the Parliament, or by Proclamation, shall annul the law from the day when the disallowance is so made known.
60 Signification of Queen’s pleasure on Bills reserved
A proposed law reserved for the Queen’s pleasure shall not have any force unless and until within two years from the day on which it was presented to the Governor-General for the Queen’s assent the Governor-General makes known, by speech or message to each of the Houses of the Parliament, or by Proclamation, that it has received the Queen’s assent.]
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Proposed Constitution |
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A proposed law becomes law, in accordance with such terms as to its commencement as are set out in the proposed law, when it is passed by a majority of those who vote on the proposed law in both the House of Representatives and the Senate.
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All Changes Displayed |
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A proposed law becomes law, in accordance with such terms as to its commencement as are set out in the proposed law, when it is passed by a majority of those who vote on the proposed law in both the House of Representatives and the Senate. |
Drafting Notes |
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56A.1 This is a new section which states clearly how a proposed law will become a law. Presently the Constitution does not contain a simple precise explanation of how a law is made. All we have is s.58, which implies rather than directly states that a proposed law becomes a law via a 3 stage process: the proposed law must be passed by the House of Representatives, then by the Senate, then assented to by the Governor-General under the current s.58. As the requirement for royal assent will be abolished, a new section is required which explains clearly to voters how a law is made.
56A.2 The intention of the amendment is that no proclamation, publication or certification by any Parliamentary officer or the Head of State is required for a Bill to become law unless such a requirement is stated in the proposed law. There were suggestions after the 1975 crisis that the Labor Speaker could have thwarted the Governor-General’s appointment of the Fraser Government by withholding from the Governor-General the Appropriation Bills which had just been passed by the Senate, so that he could not assent to them. In a crisis people will look for any technical reason to promote their position. It is better to have clear rules based on principle, so that a law which has been passed by the people's representatives cannot be delayed or negated by trivial technicalities. |
Current Constitution |
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[Not in current Constitution: nearest equivalent sections are:
58 Royal assent to Bills
When a proposed law passed by both Houses of the Parliament is presented to the Governor-General for the Queen’s assent, he shall declare, according to his discretion, but subject to this Constitution, that he assents in the Queen’s name, or that he withholds assent, or that he reserves the law for the Queen’s pleasure.
Recommendations by Governor-General
The Governor-General may return to the House in which it originated any proposed law so presented to him, and may transmit therewith any amendments which he may recommend, and the Houses may deal with the recommendation.
59 Disallowance by the Queen
The Queen may disallow any law within one year from the Governor-General’s assent, and such disallowance on being made known by the Governor-General by speech or message to each of the Houses of the Parliament, or by Proclamation, shall annul the law from the day when the disallowance is so made known.
60 Signification of Queen’s pleasure on Bills reserved
A proposed law reserved for the Queen’s pleasure shall not have any force unless and until within two years from the day on which it was presented to the Governor-General for the Queen’s assent the Governor-General makes known, by speech or message to each of the Houses of the Parliament, or by Proclamation, that it has received the Queen’s assent.]
< Previous section Next section > |
Proposed Constitution |
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A proposed law becomes law, in accordance with such terms as to its commencement as are set out in the proposed law, when it is passed by a majority of those who vote on the proposed law in both the House of Representatives and the Senate.
< Previous section Next section > |
All Changes Displayed |
|
A proposed law becomes law, in accordance with such terms as to its commencement as are set out in the proposed law, when it is passed by a majority of those who vote on the proposed law in both the House of Representatives and the Senate. |
Drafting Notes |
|
56A.1 This is a new section which states clearly how a proposed law will become a law. Presently the Constitution does not contain a simple precise explanation of how a law is made. All we have is s.58, which implies rather than directly states that a proposed law becomes a law via a 3 stage process: the proposed law must be passed by the House of Representatives, then by the Senate, then assented to by the Governor-General under the current s.58. As the requirement for royal assent will be abolished, a new section is required which explains clearly to voters how a law is made.
56A.2 The intention of the amendment is that no proclamation, publication or certification by any Parliamentary officer or the Head of State is required for a Bill to become law unless such a requirement is stated in the proposed law. There were suggestions after the 1975 crisis that the Labor Speaker could have thwarted the Governor-General’s appointment of the Fraser Government by withholding from the Governor-General the Appropriation Bills which had just been passed by the Senate, so that he could not assent to them. In a crisis people will look for any technical reason to promote their position. It is better to have clear rules based on principle, so that a law which has been passed by the people's representatives cannot be delayed or negated by trivial technicalities. |
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