Australia
House of Representatives
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Political system
Political systems: Presidential, Parliamentary, Presidential-Parliamentary, Monarchy, Communist, Transitional.
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Parliamentary system
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Structure of parliament
Structure of parliament: Unicameral, bicameral
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Bicameral
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IPU membership
Current membership status
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Yes
Law-making
Data on parliament’s law-making role and activities
Legislative activity
- Number of laws adopted by parliament, per year
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123(2023)
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Total number of laws adopted by Parliament in the previous legislature
“Legislature” refers to the full period between the first session of a new legislature until it’s dissolution.
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407(2022-07)
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Number of laws adopted in the previous legislature that were initiated by parliament
In some cases other entities have the right to initiate legislation in national parliaments – such as citizens, autonomous regions, and other high-level government institutions.
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0(2022-07)
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Number of laws adopted in the previous legislature that were initiated by the government
In some cases other entities have the right to initiate legislation in national parliaments – such as citizens, autonomous regions, and other high-level government institutions.
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407(2022-07)
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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.
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0%(2022-07)
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Dates of the previous legislature
Refers to the full period between the first session of a new legislature until it’s dissolution
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02 Jul 2019 to 25 Jul 2022(2022-07)
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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
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The legislation cannot be adopted unless both chambers agree
Sources:
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
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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.
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Yes
Notes: 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.
Sources:
Australian Constitution, Section 58
Odgers’ Australian Senate Practice, p. 347 -
Number of times the Head of State declined to give assent to legislation, per year
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.
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0(2023)
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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)
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Other
Notes:
The Constitution provides that the Governor-General may assent to a bill or withhold assent, but in practice, assent is never refused.
Section 58 also authorises the Governor-General to return bills to the originating House with suggestions for amendments.
Sources: Australian Constitution, Section 58
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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)
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Other
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
Click for historical data
Notes:
For bills declared urgent, either House may agree to limit time for the debate.
2022: one bill was declared urgent in the House. In the Senate 61 bills were considered under SO 142.
2021: 57 bills were considered under SO 142. No bills were declared urgent in the House of Representatives.
2020: the Senate moved six motions to facilitate the passage of 46 bills under SO 142. The procedure was not used in the House.
Sources:
House Standing Orders set out the process for consideration of urgent bills.
Senate Standing Order 142 considers bills under a limitation of time procedure, where a minister declares a bill to be urgent.