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 Senators and
Members of the Australian Parliament. While great care is taken to ensure
that the paper is accurate and balanced, the paper is written using information
publicly available at the time 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 this paper is provided for use in parliamentary debate and
for related parliamentary purposes. This paper is not professional legal
opinion. Readers are reminded that the paper is not an official parliamentary
or Australian government document.
IRS staff are available to discuss the paper's 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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