Clerk of Parliament Tangata Vainerere says there is a process for each bill that goes through Parliament before it becomes law.

Five of the six bills presented and tabled in Parliament last week were passed –the Public Health Bill 2024, the Tobacco Products Control Amendment Bill 2024, the Cook Islands Investment Corporation Amendment Bill 2024, the Manatua Cable Protection Bill 2024, and the Cook Islands Immigration Amendment Bill (No. 2) 2024.

Vainerere said a bill becomes an Act when assented to by the King’s Representative.

However, all bills that are tabled in Parliament carry what is known as a commencement clause, stipulating when a bill officially comes into force as an Act.

Vainerere said it is normally the second clause in a bill after the first clause which states the official title of the Act. It’s not the same (or uniform) commencement provision for all Acts.

There are certain variations, as outlined below:

1.     Some Acts commence upon being signed with the Royal Assent by the KR (King’s Representative).

2.     Some Acts commence the day after the KR signs the Royal Assent.

3.     Some Acts commence on a particular date pre-determined by the Ministry responsible for the administration of the said Act in consultation with Crown Law at the drafting stage.

4.     Some Acts have a retrospective Commencement date, which is normally a strategy to validate certain legislative, executive or judicial decisions made pursuant to other Acts that have been enacted prior.

5.     Some Acts come into force on a date that is provided for by law. e.g. the Appropriation Act. This Act always comes into force on 1st July each year and ends on 30 June the following year.

6.     Some Acts require the Commencement date to be promulgated by the KR through an Executive Council Order. This allows certain parts of an Act to come into force before other parts. This enables the Administering Agency to stagger the commencement dates for different parts of an Act in order to accommodate the establishment of certain processes and procedures in order for the Act to be implemented in an effective or efficient manner. Sometimes, parts of an Act cannot be implemented without some other parts coming into force first.