Before legislation comes into force, it begins as a Bill before Parliament. South Australian Parliament has two Houses – the Legislative Council (Upper House) and the House of Assembly (Lower House). A Member of either House will write a Bill, essentially drafting legislation, and they will introduce it to their House for consideration.
A Bill must pass several stages within both Houses of Parliament and then receive Royal Assent, where the South Australian Governor formally agrees to make the bill into an Act in the Queen’s name, before it becomes legislation.
Stage 1: Introduction and First Reading
A Member will request “leave” (permission) to introduce a Bill which is then included on the Notice Paper (like an agenda) for the next sitting day. On that sitting day, a Member will again ‘seek leave’ and present a copy of a Bill to be read for the first time.
A Bill can be introduced by a Member in either House first, except for ‘Money Bills’ that concern revenue, taxation, public funds or loans, which must be introduced to the House of Assembly first.
Stage 2: Second Reading
After a Bill is introduced and read a first time, a ‘second reading’ may happen immediately or be considered for a future sitting day.
For the second reading to occur, a Member will rise and move that the bill now be read a second time. This Member then reads their main speech to a Bill which usually outlines the principles of the Bill, intended benefits to the community, and the reasons for introducing the Bill. Following the speech, debate is usually adjourned to give other Members time to review a Bill and speech before debating the matter further at a later date.
Other Members may make second reading speeches for or against a Bill. The second reading debate is finished when the Member that introduced a Bill replies to the debate. The President of the Legislative Council, or Speaker in the House of Assembly will put the question ‘that this Bill be now read a second time’ to the Members of the House.
If majority of Members agree, a third reading may proceed immediately or if other Members wish to table amendments to a Bill or raise questions, the Bill will move to be ‘in committee’.
Stage 3: Committee Stage
‘In committee’ means Members of the House considering the Bill in detail, including any amendments to be considered. Each clause of a Bill is considered independently and either agreed to, amended and then agreed to, or rejected by Members. During this process, Members speak to a Bill or amendments, and they can speak more than once on each clause or amendment.
Some Bills may be referred to a Select Committee at this stage. A Select Committee is a small group of Members that take evidence from witnesses and then report back to the House on if a Bill should proceed.
Stage 4: Third Reading
At the third reading, Members decide if a Bill agreed to in committee should be passed by the House. This stage usually does not feature debate as the details of a Bill have been clarified or agreed to either during second reading speeches or while in committee. Agreement by the majority of the House at the third reading completes a Bill’s passage in that House.
Stage 5: Consideration of the other House
Once one House as agreed to a Bill at the third reading it is sent to the other House for consideration. A Bill then goes through the three-reading process and possibly a committee stage before being agreed to by Members of the second House.
If the second House passes amendments to a Bill, these will be considered by the original House for agreement once the Bill passes the second House. If agreement cannot be reached, a conference between five representatives from each House may occur to reach a compromise. If unsuccessful, a Bill will be laid aside in the second House.
Stage 6: Assent
Once a Bill and any amendments passes both Houses, copies are printed and certified by the President (in the Legislative Council) or Speaker (in the House of Assembly) and the Clerk of the House where it originated. A Bill is then presented to the Governor for assent where the Governor’s signature is added, and the public seal of the State is impressed to represent a Bill converting into an Act.
For a PDF version of this chart see here.
