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Private member's bill AI simulator
(@Private member's bill_simulator)
Hub AI
Private member's bill AI simulator
(@Private member's bill_simulator)
Private member's bill
A private member's bill is a bill (proposed law) introduced into a legislature by a legislator who is not acting on behalf of the executive branch. The designation "private member's bill" is used in most Westminster system jurisdictions, in which a "private member" is any member of parliament (MP) who is not a member of the cabinet (executive). Other labels may be used for the concept in other parliamentary systems; for example, the label member's bill is used in the Scottish Parliament and the New Zealand Parliament, the term private senator's bill is used in the Australian Senate, and the term public bill is used in the Senate of Canada. In legislatures where the executive does not have the right of initiative, such as the United States Congress, the concept does not arise since bills are always introduced by legislators (or sometimes by popular initiative).
In the Westminster system, most bills are "government bills" introduced by the executive, with private members' bills the exception; however, some time is set aside in the schedule for reading such bills. They may be introduced by non-ministerial MPs from government-supporting parties (backbenchers), by members of opposition parties (frontbencher or backbencher), or by independents or crossbenchers. The Israeli Knesset has a long history of enacting private members' bills: a slight majority of the laws passed by it originated as private members' bills, and thousands more are introduced without being passed. In contrast, the Oireachtas (parliament) of the Republic of Ireland rarely passes private members' bills, with the overwhelming number of bills being passed being introduced by members of the cabinet.
A private member's bill is not to be confused with a private bill, which is a bill that only affects an individual citizen or group.
In Australia, a draft bill is prepared by the Parliamentary Counsel, acting under instructions from the MP. After community consultation, the member introduces the bill into the Parliament.
Only 30 private members' bills or private senators' bills introduced into the Australian Parliament since 1901 have been passed into law. Of these, thirteen have been initiated by senators, ten by members and seven by the Speaker and Senate President. A larger number have passed one house but not the other. An even larger number did not pass the house in which they were introduced and thus lapsed at the dissolution of each parliament following the announcement of a federal election.
Among the most notable of the successful bills was the Commonwealth Electoral Bill 1924, which amended the Commonwealth Electoral Act 1918 to introduce compulsory voting for federal elections. This was introduced by Senator for Tasmania Herbert Payne of the Nationalist Party on 16 July 1924, passed by the Senate on 23 July, passed by the House of Representatives on 24 July – both times with little debate – and given royal assent on 31 July. Despite much public debate ever since on the issue of compulsory voting, the legislation has never been repealed.
Another very notable private member's bill was the Euthanasia Laws Bill 1996, which deprived the Northern Territory, Australian Capital Territory and Norfolk Island legislatures of the power to make laws permitting euthanasia. This was introduced by Kevin Andrews, Member for Menzies, after the Northern Territory Legislative Assembly had passed such a law, the Rights of the Terminally Ill Act 1995. Although Andrews was a member of the Liberal Party, members and senators were allowed a conscience vote on the issue, and each side of the debate was supported by members and senators from all political parties. These laws prohibiting assisted dying were later repealed by the Restoring Territory Rights Bill 2022, this too was a private member's bill, however this was introduced by Labor MPs.
A private member's bill, the Marriage Amendment (Definition and Religious Freedoms) Act 2017, legalised same-sex marriage throughout Australia on 9 December 2017. It was introduced by Dean Smith, Senator for Western Australia following the "Yes" result in the postal survey.
Private member's bill
A private member's bill is a bill (proposed law) introduced into a legislature by a legislator who is not acting on behalf of the executive branch. The designation "private member's bill" is used in most Westminster system jurisdictions, in which a "private member" is any member of parliament (MP) who is not a member of the cabinet (executive). Other labels may be used for the concept in other parliamentary systems; for example, the label member's bill is used in the Scottish Parliament and the New Zealand Parliament, the term private senator's bill is used in the Australian Senate, and the term public bill is used in the Senate of Canada. In legislatures where the executive does not have the right of initiative, such as the United States Congress, the concept does not arise since bills are always introduced by legislators (or sometimes by popular initiative).
In the Westminster system, most bills are "government bills" introduced by the executive, with private members' bills the exception; however, some time is set aside in the schedule for reading such bills. They may be introduced by non-ministerial MPs from government-supporting parties (backbenchers), by members of opposition parties (frontbencher or backbencher), or by independents or crossbenchers. The Israeli Knesset has a long history of enacting private members' bills: a slight majority of the laws passed by it originated as private members' bills, and thousands more are introduced without being passed. In contrast, the Oireachtas (parliament) of the Republic of Ireland rarely passes private members' bills, with the overwhelming number of bills being passed being introduced by members of the cabinet.
A private member's bill is not to be confused with a private bill, which is a bill that only affects an individual citizen or group.
In Australia, a draft bill is prepared by the Parliamentary Counsel, acting under instructions from the MP. After community consultation, the member introduces the bill into the Parliament.
Only 30 private members' bills or private senators' bills introduced into the Australian Parliament since 1901 have been passed into law. Of these, thirteen have been initiated by senators, ten by members and seven by the Speaker and Senate President. A larger number have passed one house but not the other. An even larger number did not pass the house in which they were introduced and thus lapsed at the dissolution of each parliament following the announcement of a federal election.
Among the most notable of the successful bills was the Commonwealth Electoral Bill 1924, which amended the Commonwealth Electoral Act 1918 to introduce compulsory voting for federal elections. This was introduced by Senator for Tasmania Herbert Payne of the Nationalist Party on 16 July 1924, passed by the Senate on 23 July, passed by the House of Representatives on 24 July – both times with little debate – and given royal assent on 31 July. Despite much public debate ever since on the issue of compulsory voting, the legislation has never been repealed.
Another very notable private member's bill was the Euthanasia Laws Bill 1996, which deprived the Northern Territory, Australian Capital Territory and Norfolk Island legislatures of the power to make laws permitting euthanasia. This was introduced by Kevin Andrews, Member for Menzies, after the Northern Territory Legislative Assembly had passed such a law, the Rights of the Terminally Ill Act 1995. Although Andrews was a member of the Liberal Party, members and senators were allowed a conscience vote on the issue, and each side of the debate was supported by members and senators from all political parties. These laws prohibiting assisted dying were later repealed by the Restoring Territory Rights Bill 2022, this too was a private member's bill, however this was introduced by Labor MPs.
A private member's bill, the Marriage Amendment (Definition and Religious Freedoms) Act 2017, legalised same-sex marriage throughout Australia on 9 December 2017. It was introduced by Dean Smith, Senator for Western Australia following the "Yes" result in the postal survey.