Bills Digest No. 69 2002-03
National Health Amendment (Pharmaceutical Benefits - Budget
Measures) Bill 2002 [No. 2]
WARNING:
This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
does not have any official legal status. Other sources should be
consulted to determine the subsequent official status of the
Bill.
Passage History
National Health Amendment
(Pharmaceutical Benefits - Budget Measures) Bill 2002 [No.
2]
Date Introduced:
Reintroduced 13 November
2002
House: House of Representatives
Portfolio: Health and Ageing
Commencement:
Items 1-24 of
Schedule 1 commence on 1 August 2002, items 25-28 commence on 1
January 2003, and the remaining items commence on Royal
Assent
This Bill is
identical to a Bill introduced in the House of Representatives on 6
June 2002. The Bill was negatived at the Second Reading stage in
the Senate on 20 June 2002.
Readers are referred to the Bills
Digest of 18 June 2002. (1)
Possible double-dissolution trigger
It should be noted that the Bill has the
potential to be a double dissolution trigger. Pursuant to section
57 of the Australian Constitution, the Prime Minister may advise
the Governor-General to dissolve both Houses of Parliament when the
following requirements are met:
-
- a Bill is passed by the House of Representatives, but the
Senate 'rejects or fails to pass it, or passes it with amendments
to which the House of Representatives will not agree'
-
- a three-month interval elapses from the date of the Senate s
action or inaction, and (2)
-
- the House of Representatives again passes the Bill ('with or
without any amendments which have been made, suggested, or agreed
to by the Senate') and the Senate again 'rejects or fails to pass
it, or passes it with amendments to which the House of
Representatives will not agree'.
In the present case, if the House of
Representatives passes this Bill again and the Senate refuses or
fails to pass (3) the Bill or passes it with amendments
unacceptable to the House, the requirements of the section will
have been satisfied.
Once all necessary preconditions have been met,
the Government may advise the Governor-General to dissolve both
Houses immediately or it may delay its request for a simultaneous
dissolution until any date up to 6 months before the House of
Representatives is due to expire. (4)The latest polling
date for a double dissolution election is Saturday, 16 October
2004.
-
- Bills Digest, No. 170, 2001-02.
- See Victoria v Commonwealth (1975) 134 CLR 81.
- If the Senate did not reject the Bill outright but declined to
deal with it within the Government's timeframe, such a delay may or
may not amount to a 'failure to pass' within the meaning of section
57 of the Constitution. What amounts to a 'failure to pass' depends
on the particular circumstances. In Victoria v
Commonwealth the Court stated that the Senate must have a
proper opportunity to consider the Bill, see Barwick CJ at 134 CLR
121-122.
- 'Timetables
for the Next Commonwealth Election', Research Note
No.37 2001-2002, Rob Lundie, Politics and Public Administration
Group (IRS).
Maurice Rickard
19 November 2002
Bills Digest Service
Information and Research Services
This paper has been prepared for general distribution to
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is taken to ensure that the paper is accurate and balanced, the
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of production. The views expressed are those of the author and
should not be attributed to the Information and Research Services
(IRS). Advice on legislation or legal policy issues contained in
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legal opinion. Readers are reminded that the paper is not an
official parliamentary or Australian government document.
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contents with Senators and Members and their staff but not with
members of the public.
ISSN 1328-8091
© Commonwealth of Australia 2002
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Published by the Department of the Parliamentary Library,
2002.
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