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First House |
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1 |
Giving notice (Legislative Council only) |
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2 |
Introduction and first reading |
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3 |
Second reading |
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4 |
Consideration in Detail (Assembly) or Committee of the Whole (Council). Not every bill requires this stage |
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5 |
Third reading |
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6 |
Message is sent to the second House |
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Second House |
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1 |
Message received from first House |
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2 |
Introduction and first reading |
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3 |
Second reading |
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4 |
Consideration in Detail (Assembly) or Committee of the Whole (Council). Not every bill requires this stage |
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5 |
Third reading |
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6 |
Message sent to the first House |
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After passing both Houses |
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1 |
Royal Assent and commencement |
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In the Legislative Assembly under standing orders notice of an intention to introduce a bill is no longer required. Most bills are introduced in the Assembly. This is because most ministers, who introduce legislation, are Assembly members and also because bills dealing with money (appropriation bills) must begin in the Assembly. If a bill is introduced in the Legislative Council, the member introducing the bill gives notice of his or her intention to introduce a bill. This notice then appears on the following day’s notice paper: |
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THE HON. JUSTIN MADDEN — To move, That he have leave to bring in a Bill to amend the Victorian Civil and Administrative Tribunal Act 1998 in relation to the powers of the Minister for Planning to call in certain proceedings from the Victorian Civil and Administrative Tribunal and for other purposes |
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This notice states the long title of the bill. All bills also have a short title which is a quick way of referring to the bill. The short title of the bill mentioned above is simply the Victorian Civil and Administrative Tribunal (Amendment) Bill. Introduction and First ReadingThe introduction is a formal stage at which the minister reads the long title of the bill. At this stage, the bill is still confidential and is not available in hard copy or on Parliament’s website.
Second ReadingThe Clerk announces the bill by reading its short title and the minister moves that it be read a second time. The minister then makes the second reading speech. This is an important speech that can be used as a guide to interpreting the bill’s intentions. Transcripts of second reading speeches (initially in proof form) are available from Hansard Online. Debate on the bill is adjourned for an average of two weeks after the second reading speech. This period gives members time to study the bill in detail. The bill is no longer confidential and an introduction print is available on Parliament’s website. Consideration in Detail — Legislative AssemblyThe consideration in detail stage may be dispensed with if all members agree. It is used, however, where amendments to the bill are moved or where, for example, the Opposition wishes to debate the clauses of the bill in detail. The Speaker leaves and the Deputy Speaker takes the chair for the consideration in detail process. For more information, see Fact Sheet 17: Amendments to Bills — A Practical Guide. Committee of the Whole — Legislative CouncilIn the Legislative Council, this stage is used where amendments to the bill are moved or where, for example, the Opposition wishes to debate the clauses of the bill in detail. The President leaves and the Chair of Committees chairs the debate. The main difference between consideration in detail and Committee of the Whole is that the Committee of the Whole is not seen to be part of the proceedings within the House. As a result, the Chair of Committees must report what happened back to the President once the stage is completed. Third ReadingThere may be some debate at the third reading stage but normally most of the debate will have already taken place. Once a bill passes its third reading, it has passed through all stages in the House. Sending the Bill to the other HouseWhen the Legislative Assembly has agreed to the bill, the Serjeant-at-Arms takes a formal message and a certified copy of the bill to the Legislative Council. If the bill originates in the Council, the Usher of the Black Rod performs this role in reverse. The bill is then introduced in the second House and goes through all the stages as already described. For more information see Fact Sheet 9: Messages. Royal Assent and CommencementRoyal assent is when the Governor, on behalf of the Queen, approves a bill which has been passed by both Houses of Parliament. When the bill is given royal assent it becomes an Act. The Act becomes operational either upon assent, by proclamation of the Governor, or on a fixed date, or indeed, any combination of these options. Assent and proclamation dates are published in the Victorian Government Gazette. |
The Legislative Assembly Procedure Office has produced a series of Fact Sheets that explain parliamentary procedure and terminology. All Fact Sheets are available on Parliament’s website www.parliament.vic.gov.au or through the Procedure Office.
Legislative Assembly Procedure Office
Parliament House
Spring Street
EAST
MELBOURNE VIC 3002
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Phone: |
03 9651 8563 |
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Fax: |
03 9650 7245 |
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Email: |
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Compiled by the Procedure Office
and issued by the Clerk of the Legislative Assembly
May 2005