7.3 Finalisation of a Bill
7.3.1 Cabinet approval to introduce a Bill
The draft Bill must be attached to the Authority to Introduce a Bill submission lodged with the Cabinet Secretariat.
An example body of an Authority to Introduce a Bill submission indicating
submission headings and layout appears as Chapter 5.9. Further information on the preparation of
this type of submission including recommendation wording is contained in Chapter 5.1.4 "Authority to Introduce a Bill", Chapter 5.4.1 "Preparation of a Cabinet submission coversheet" and Chapter 5.4.3 "Preparation of a body of a Cabinet submission".
7.3.2 Explanatory notes
Departments are required to prepare an explanatory note to accompany the
Authority to Introduce a Bill submission. The Legislative Standards Act
1992 sets out the various matters that must be addressed in an explanatory
note for a Bill, including consistency with fundamental legislative principles.
The explanatory notes should be concise and in plain English.
Explanatory notes are to be circulated to Members of Parliament at the time
of the second reading speech by the Minister introducing the legislation.
Section 22(1) of the Legislative Standards Act 1992 requires the
circulation. This will assist Members of Parliament and the general public to
understand the objectives behind the legislation.
Explanatory notes are to be produced as an addendum to the original
explanatory notes for amendments in committee being proposed to a Bill.
However, explanatory notes are not required to be produced for amendments where
it is impractical to do so or where the amendments are minor in nature, such as
renumbering of a clause or the omission or inclusion of inconsequential words.
Ministers are required to table these explanatory notes as soon as possible at
the resumption of the second reading debate, but at the latest during their
summing up speech prior to the Committee stage.
Preparation of the explanatory notes by the department ensures that the
policy aims of the legislation are properly clarified and understood by the
department and are reflected in the final form of the legislation.
More detailed information on explanatory notes is available in the Queensland
Legislation Handbook.
7.3.3 Changes to Bills following Cabinet approval
Once Cabinet has approved introduction of the Bill via consideration of an
Authority to Introduce a Bill submission, further development of the content of
a Bill cannot be undertaken by the Office of the Queensland Parliamentary
Counsel unless also authorised by Cabinet. Minor amendments without Cabinet
approval may be made to the Bill however, provided that they relate to minor
technical or stylistic matters that do not change the intent or context of the
Bill as approved previously by Cabinet.
7.3.4 Announcement of proposed legislation
Except with the specific agreement of the Premier, no announcement of an
intention to introduce legislation should be made until after Cabinet has given
Authority to Prepare a Bill approval. Caution should be exercised by Ministers
in publicly announcing when legislation is to be introduced into the House.
These decisions lie with the Premier, the Leader of the House, the Caucus, and
the Cabinet as a whole.
7.3.5 Ministerial Policy Committee
The relevant Ministerial Policy Committee should be consulted at the policy
development stage of legislation, and again at final draft stage. The Committee
also must be consulted prior to Cabinet consideration of the Authority to
Introduce a Bill submission.
7.3.6 Caucus room
Apart from any special arrangements a Minister may make with the Premier, a
Bill will normally be listed for the next Caucus meeting following Cabinet's
approval of the Authority to Introduce a Bill submission.
7.3.7 Briefings of Members (including the Opposition) of Parliament
When requested by the Minister, departmental officers are to provide a
briefing to Members in relation to Bills before the Legislative Assembly and
must be accompanied by a Ministerial officer.
7.3.8 Late amendments
Ministerial Policy Committee and Caucus amendments proposing substantial
changes to Bills should normally be submitted to Cabinet. Substantial amendments
proposed by opposition parties in the Parliament could be treated similarly if
the sponsoring Minister believes that they should be considered or accepted.
Where time does not permit this, the sponsoring Minister must clear the proposed
amendments with the Premier and the Leader of the House.
Routine or minor House amendments (initiated by the responsible Minister) may
proceed after consultation with the Premier and the Leader of the House.
Wherever possible, explanatory notes should be produced for any such proposed
amendments in order to inform debate in the House. Explanatory notes are not
required to be produced for amendments where it is impractical to do so or where
the amendments are minor in nature, such as the renumbering of a clause or the
omission or inclusion of inconsequential words.
Last reviewed: 17 July, 2009
Last updated: 22 July, 2009
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