Page:Australian Government Legislation Handbook.pdf/20

 2.21 Where minor policy approval is being sought from the Prime Minister in the bids letter, the letter is required to state that policy approval is sought for amendments to the XYZ Act, which will be included in the ABC Bill, and details of the request included, as an attachment to the letter (see Chapter 3 for details on seeking policy approval).

2.22 Ministers may also wish to provide an indication of the non‑government parties' likely attitude (if known), and the extent of consultations with such parties (if any).

SUBMITTING A REQUEST FOR A VARIATION TO THE LEGISLATION PROGRAMME

What is a variation?

2.23 If, after the legislation programme for a sitting period has been settled by the PBC, a minister wishes to:


 * (a) add a new bill to the programme;


 * (b) upgrade the category of a bill, or part of a bill, already on the programme;


 * (c) add new measures to a bill already on the programme; and/or


 * (d) move substantial amendments, that require significant drafting resources, to a bill already in the Parliament (see paragraph 9.11)

the minister will need to write to the Prime Minister seeking authority to vary the legislation programme.

2.24 The PBC will consider the priority to be accorded to the minister's proposal in the context of the Government's overall legislative priorities.

2.25 If a bill is on the programme and, in the course of drafting, there emerges a need for a separate consequential or transitional bill, or a separate bill to comply with section 55 of the Constitution, a variation request may not be required.

2.26 In all cases, when considering whether a variation is required, departments must consult the First Parliamentary Counsel (FPC). If the FPC agrees that a variation is required, the department must advise the Legislation Section as soon as possible. Requests to vary the legislation programme are considered by the PBC.

Deadline for submission of a request for a variation

2.27 For a variation request to be considered by the PBC on the Monday of a sitting week, the minister's signed letter to the Prime Minister is due with the Legislation Section by. An advance copy of the minister's letter is to be provided to the Legislation Section as soon as possible, to enable consultation within PM&C.

Summary of information required for a variation

2.28 A minister must submit a request for a variation to the current programme, in writing, to the Prime Minister.

2.29 A minister's letter is to be accompanied by:


 * (a) the details of the variation(s) sought in the standard format (see appendixes), including an indication of whether a RIS is required (see paragraphs 2.37 to 2.38 and 2.12 to 2.13); and