Chapter 12 - Legislation
Second reading
The motion for
the second reading of a bill, which is usually moved immediately after the
introduction and passage of the motion for the first reading, is the most
significant stage in the passage of a bill. It is on this motion that the
Senate considers the principle of the bill and decides whether to accept or
reject it in principle. If a bill is rejected by the Senate, it is normally
rejected on the motion for the second reading.
On the motion
for the second reading the second reading debate takes place, which is
essentially a debate on the principle of the bill. It is during this debate
that senators express their views about the principle of the bill and whether
it ought to be passed by the Senate.
Normally debate
on the motion for the second reading is adjourned to a subsequent day after the
second reading speech of the minister or senator in charge of the bill, which
speech sets out its purpose. Senators then have time to consider the bill.
Passage by the
Senate of the motion for the second reading indicates that the Senate has
accepted the bill in principle, or at least has allowed the bill to proceed to
a consideration of its details, and the bill then proceeds to that detailed
consideration and a consideration of any amendments which senators wish to
propose.
The motion for the second reading is that
this bill be now read a second time. The rejection of that motion is an
indication that the Senate does not wish the bill to proceed at that particular
time. Procedurally, therefore, the rejection of that motion is not an absolute
rejection of the bill and does not prevent the Senate being asked subsequently
to grant the bill a second reading. A senator in charge of a bill, after the
motion for the second reading has been negatived, may therefore give notice of
motion for the second reading of the bill for a subsequent day (17/9/1974, J.180,
186; 28/5/1975, J.708-9; 3/6/1975, J.746; 13/10/1983, J.385-6; 19/10/1983,
J.397; 10/12/1986, J.1588).
In practice, the Senate often indicates
its disagreement with a bill by rejecting the motion for the second reading,
and that action is taken to be an absolute rejection of the bill. Rejection of
that motion is also regarded as a rejection of the bill for the purposes of section 57 of the Constitution (see
Chapter 21, Relations with the House of Representatives, under Disagreements
between the Houses).
It was ruled in
1916 that a group of bills proposing amendments of the Constitution which had
been passed by the Senate but not submitted to the electors could not be presented
to the Senate again (ruling of President Givens, 14/12/1916,
J.493). Clearly, however, there is nothing to prevent the Senate being asked to
consider again a bill which it has dealt with (ruling of Deputy President
Drake-Brockman, SD, 29/9/1966, p. 863); such a rule would prevent the proper
operation of section 57 of the Constitution (see Chapter 21, Relations
with the House of Representatives, under Disagreements between the Houses). The
same question rule (see Chapter 9, Motions and Amendments, under Same question
rule) is therefore not regarded as applying to questions for the passage of
bills.
Amendments may be moved to the motion for
the second reading.
Special provision is made for an
amendment which has the effect of rejecting the bill with an indication of
finality. To the motion that the bill be now read a second time, an amendment
may be moved to leave out “now” and insert “this day six months”, and if this
amendment is carried the bill is “finally disposed of” by the Senate (SO 114(2); for precedent of a bill deferred
till “this day 12 months”, 13/6/1984, J.986: this had the same practical
effect).
Other amendments
may be moved to the motion for the second reading provided that they are
relevant to the bill (SO 114(3)). In relation to relevance, as
with relevance in debate (see Chapter 10, Debate, under Relevance), this
requirement is interpreted liberally, and an amendment is accepted if it
relates in any way to the subject matter of the bill. The Senate thereby gives
itself maximum freedom to determine its course of action and express its view
in relation to a proposed law.
Normally, an
amendment to the motion for the second reading expresses the view of the Senate
about some aspect of a bill. This type of amendment takes the form of adding at
the end of the motion for the second reading words which express the Senate’s
opinion.
Some second
reading amendments, however, have the effect of negativing the motion for the
second reading. They are used where the Senate wishes to reject that motion and
give its reasons or express its views in doing so. This type of amendment takes
the form of leaving out all words after “that” in the motion for the second
reading, and substituting other words, such as “the Senate rejects this bill
because ...” or “this bill be withdrawn and redrafted to provide ...”. As with
the rejection of the motion for the second reading, the passage of such an
amendment does not prevent the second reading being moved again (5/12/1973,
J.568).
A second reading amendment may also be used
to defer consideration of a bill (15/12/1987, J.430-1; 16/12/1992, J.3400; 20/9/1995,
J.3815-6; 12/8/2003, J.2089-90).
When bills are taken together different
second reading amendments may be moved to different bills by the same senator.
In that circumstance the questions for the amendments and the second readings
of the bills are put separately (3/12/1985, J.684‑5, 687‑8; 4/12/1985,
J.694‑5, 696‑8; 16,17,21/10/1986, J.1320, 1323, 1324‑5, 1340‑3; 19/6/1992,
J.2520-2; 2/12/1992, J.3189-90, 3192).
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