What happens to a law that is not passed by one of the houses?
Great question George! If one of the houses doesn't pass a bill – a proposal for a new law – then it cannot become a law. Both the Senate and the House of Representatives have to agree to a bill for it to become a law.
If one of the houses doesn't pass a bill, then the originating house – the house in which the bill was first introduced – may:
- pass the bill again and send it back to the second house
- change the bill so the second house will be more likely to pass it
- lay the bill aside (not go forward with the bill).
Section 57 of the Australian Constitution allows a way forward if the Senate and House of Representatives cannot agree on a bill introduced in the House of Representatives. If the Senate and the House cannot agree on a bill introduced twice in the House of Representatives (and all the requirements in the Constitution have been met), the Prime Minister can ask the Governor-General to call an election for all the seats in the House of Representatives and the Senate. This is called a double dissolution. It is designed to break the deadlock between the houses. It has occurred 7 times.
Double dissolution trigger
Parliamentary Education Office (peo.gov.au)
Double dissolution trigger
Parliamentary Education Office (peo.gov.au)
Description
The process for a double dissolution:
- bill passes in the House of Representatives
- bill fails to pass in the Senate
- three months pass
- bill passes in the House of Representatives
- bill fails to pass in the Senate
- double dissolution can be requested.
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