Australia

Law-making

Data on parliament’s law-making role and activities

Legislative activity

Number of laws adopted by parliament, per year
96 (2022)
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Total number of laws adopted by Parliament in the previous legislature
407
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Number of laws adopted in the previous legislature that were initiated by parliament
0
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Number of laws adopted in the previous legislature that were initiated by the government
407
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Percentage of laws initiated by parliament in the previous legislature The percentage is calculated by dividing the number of the laws adopted that were initiated by parliament by the total number of laws adopted in the previous legislature.
0% See historical data for this field.
Dates of the previous legislature
02.07.2019 to 25.07.2022
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Outcome when the two chambers cannot agree on a piece of draft legislation For bicameral parliaments: Outcome when the two chambers cannot agree on a piece of draft legislationNot applicable; The legislation cannot be adopted unless both chambers agree; The decision of the lower chamber will take effect after a certain deadline; The decision of the upper chamber will take effect after a certain deadline; Other (please specify) For bicameral parliaments: Outcome when the two chambers cannot agree on a piece of draft legislation
The legislation cannot be adopted unless both chambers agree
Source Legal documents that stipulate parliament's role.
Australian Constitution, section 57
Senate Brief No. 8

A bill must be agreed to in identical form by both the Senate and House.

When the two houses do not initially agree on the contents of a bill, it is usual for negotiations to continue. Amendments to amendments may be made or alternative amendments proposed until an acceptable compromise is reached. Very occasionally, the impasse cannot be broken and a bill is laid aside and not proceeded with.

The drafters of the Australian Constitution saw the possibility of a deadlock occurring between the two houses over a bill.
Section 57 of the Constitution provides a way to resolve the disagreement, by dissolving both houses of Parliament and calling an election to let the voters decide what the outcome will be. This only applies to a bill that starts in the House of Representatives.

The Governor-General dissolves both the Senate and the House after certain triggers have been met under section 57.

Executive-legislative relations

Legislation adopted by parliament requires the assent of the Head of State In some countries, the Constitution foresees that legislation adopted by parliament must be signed into law by the Head of State. If so, the Head of State may, for example, have the power to veto the legislation, return it to parliament, or submit it to another body such as a constitutional court.
Yes
Source Legal documents that stipulate parliament's role.
Australian Constitution, Section 58.
Odgers’ Australian Senate Practice, p. 347.

The Constitution provides that the Governor-General may assent to a bill or withhold assent, or to return bills to the originating House with suggestions for amendments. However, in practice, assent is never refused and the procedure make amendments is seldom used.
Number of times the Head of State declined to give assent to legislation, per year
(2022)
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Consequences when the Head of State declines to give assent to legislation Consequences when the Head of State declines to give assent to legislation: Not applicable; No further action is taken. The legislation is rejected; The legislation is returned to Parliament for re-examination; The legislation is referred to the Constitutional/Supreme Court;The legislation is put to a referendum; Other (please specify)
Other (please specify):
Not applicable. The Head of State cannot decline to give assent to legislation adopted by parliament
No
Notes
The Constitution provides that the Governor-General may assent to a bill or withhold assent, but in practice, assent is never refused.
Final decision when parliament and the Head of State do not agree Final decision when parliament and the Head of State do not agree: Not applicable; Parliament; Head of State; Constitutional/Supreme Court; Other (please specify)
Other (please specify)
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Notes
While, in theory, section 58 of the Constitution provides that the Governor-General may withhold assent to a bill, in practice Royal Assent is not refused even if a bill has passed both Houses of the Parliament against the wishes of the government. As a result, there is no realistic situation in which a disagreement may arise between the Parliament and the Head of State on a piece of legislation.
Existence of a procedure to introduce emergency legislation
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Not applicable. There is no procedure to introduce emergency legislation.
No