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Chapter 9 - Motions
and amendments
Same question rule
A motion may not be moved if it
is the same in substance as a motion which has been determined during the same
session, unless the latter was determined more than six months previously (SO 86). (An exception
is made for motions for disallowance of delegated legislation the same in
substance as legislation previously disallowed. This exception was inserted in
case of the remaking of disallowed delegated legislation; it is complemented by
the statutory provision which is referred to under Rescission of resolutions
and orders, above.)
This rule, known as the same question rule, is seldom applied, because
it seldom occurs that a motion is exactly the same as a motion moved
previously. A motion moved in a different context, for example, as part of a
different “package” of proposals, is not the same motion even if identical in
terms to one already moved (SD, 8/11/2000, pp 19358-9). Even if the terms of a
motion are the same as one previously determined, because of elapse of time it
almost invariably has a different effect because of changed circumstances and
therefore is not the same motion. There may also be different grounds for
moving the same motion again.
This consideration arises particularly in relation to delegated
legislation. A senator may move to disallow an instrument of delegated
legislation on policy grounds, and the Regulations and Ordinances Committee may
give notice of a motion to disallow the same instrument on grounds related to
the committee’s criteria of scrutiny; the two motions are regarded as entirely
separate, and the determination of one does not affect the other. Moreover, it
could be argued that the same question rule could not prevent the operation of
the relevant statutory provisions, which provide for disallowance subject only
to the statutory time limit. Therefore any disallowance motion may operate (and
operate automatically if not withdrawn or determined) provided only that notice
of it is given within the statutory time. (See Chapter 15, Delegated
Legislation; for precedents of two disallowance motions identical in terms:
8/12/1993, J.940; 3/2/1994, J.1190; 29/5/1997, J.2030.)
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