11. ORDINARY BILL PROCEDURE
The procedures described here are those applying to ordinary government bills originating in the House. Additional or special procedures apply to:
Stages of bills—summary
Procedures for the passage of bills provide for the following stages:
Initiation (S.Os 211214). First reading (S.Os 215216). Possible referral to a committee for advisory report or to the Main Committee for second reading and consideration in detail stages (S.Os 217A217B). Second reading (S.Os 217220). Proceedings following second reading (including possible reference to a select committee) (S.O. 221). Consideration in detail (S.Os 222233). Report from Main Committee and adoption (for bills referred to Main Committee) (S.O. 234236A). Reconsideration (possible) (S.O. 236B). Third reading (S.Os 237242). Transmission to the Senate for concurrence (S.O. 243). Transmission or return of bill from the Senate with or without amendment or request (S.Os 244251, 254262). Presentation for assent (S.Os 265269).
Initiation and first reading
Most bills are initiated by the calling on of a notice of intention to present the bill (S.O. 211). The notice follows a standard form—for example, I give notice of my intention, at the next sitting, to present a Bill for an Act [remainder of long title of bill, for example, relating to certain Trade Practices].
The bill is introduced when the Clerk calls on the relevant notice—for example, announcing Notice No. 1, Trade Practices Bill 1999—upon which the Minister responsible for the bill rises, and says I present the Trade Practices Bill 1999. The Minister then hands a signed copy to the Clerk who, without any question being put, formally reads the bill a first time by reading out its long title. No debate occurs at this stage (S.Os 215216). (However, Members introducing private members bills are permitted to speak for five minutes at the time of presentation—see Private Members' bills.)
On occasions, leave may be granted for a Minister to present a bill without notice. Notice is not required for an appropriation or supply bill or a proposal or bill dealing with taxation (S.O. 291).
The standing orders also provide for introduction by an order of the House, or by a motion for leave to bring in the bill (S.O. 211); however, these procedures are no longer used.
In the majority of cases the Minister presenting a bill moves the second reading (see Second reading) immediately the bill has been read a first time. Copies of the bill must be available for circulation for this to happen.
Referral to Main Committee or standing committee
At least seven days after the first reading and before the debate on the motion for the second reading is resumed, a motion may be moved without notice That this bill be referred to the Main Committee for the remainder of the second reading and consideration in detail stages or That the bill be referred to the [committee] for consideration and an advisory report (S.O. 217A). In the case of government bills a Minister may present a list of bills proposed to be referred and (if seven days have elapsed since the first readings of all the bills on the list) move a single motion, without notice, that the bills be referred in accordance with the list.
In practice bills are often referred by motion moved by leave of the House or by motion on notice, without reference to the seven day waiting period.
Although referral usually takes place some time after the automatic adjournment of the second reading debate (i.e. after the Ministers second reading speech), referral is possible before the second reading stage when the moving of the second reading does not occur immediately after the first reading.
Proceedings in the Main Committee
The Main Committee is an alternative venue rather than an additional process. Proceedings in the Main Committee in respect of legislation are substantially the same as they are for the same stage in the House (S.O. 280).
Although bills are referred for the remainder of the second reading and consideration in detail stages, the complete second reading stage, including the Ministers speech, occurs in the Main Committee in the case of bills referred before the moving of the second reading (usually Senate bills).
Unresolved questions
The most significant difference from procedure in the House is the provision for the unresolved question. Divisions cannot occur in the Main Committee and if a question cannot be decided on the voices it is reported to the House for later resolution there (S.O. 276). An unresolved question arises when any Member dissents from the result announced from the Chair.
Proceedings on a bill may be continued regardless of unresolved questions unless agreement to an unresolved question is necessary to enable further questions to be considered, in which case the bill is returned to the House (S.O. 277). An unresolved question on a second reading amendment or on the second reading returns the bill to the House.
Bill reported or returned to House
At the conclusion of the bills consideration in detail the question is put, forthwith and without debate, That this bill be reported to the House, without amendment or with (an) amendment(s) (and with (an) unresolved question (s)), as appropriate (S.O. 234). If the Committee does not desire to consider the bill in detail it may grant leave for the question That this bill be reported to the House without amendment to be moved forthwith, immediately following the second reading (S.O. 222(c)).
A bill may be returned to the House at any time during its consideration by the Main Committee by any Member moving, without notice or the need for a seconder, That further proceedings be conducted in the House. This motion cannot be amended or debated and, because of the unresolved question procedure, is successful even if opposed (S.O. 270). A bill may also be recalled to the House at any time by motion moved in the House.
Advisory report by standing committee
Bills may be referred to the standing committee, or to the committee formed of House of Representatives members of a joint standing committee (S.O. 361), most appropriate to the subject area of the bill. The participation of Members who are interested in the bill but not on the committee is facilitated by the provision that, for the purpose of consideration of bills referred for advisory reports, one or more members of the committee may be replaced by other Members by motion on notice (S.O. 333). In addition the normal provision for the possible appointment of up to two supplementary members to a standing committee for a particular inquiry also applies (S.O. 324(c)). The motion of referral may specify a date by which the committee is to report to the House. Standing orders have been suspended to enable a private Members bill to be referred to a standing committee for an advisory report, or for bills to be referred to joint committees.
Committee proceedings on a bill are similar to proceedings on other committee inquiries, and the committee may invite submissions and hold public hearings before reporting its recommendations to the House. The report is presented and statements made by committee members in the same manner as other committee reports (see Presentation of committee reports). However, motions to take note of the report are not moved, as opportunity for debate will occur during subsequent consideration of the bill if it is proceeded with.
After the committee has presented its report, and if the bill is to be proceeded with, the (remainder of the) second reading and the consideration in detail stages follow in the House, or the bill may be referred for these stages to the Main Committee. The Governments response to an advisory report is usually given by the Minister in speaking to the bill. If the Government accepts changes to the bill recommended by the report, these are incorporated into government amendments moved during the consideration in detail stage.
The standing order establishing the general purpose standing committees provides for the referral, by the House or a Minister, of any matter, including a pre-legislation proposal or bill, for standing committee consideration (S.O. 324(b)). Occasionally a bill may be referred to a committee by a Minister directly, prior to or even after its introduction to the House, rather than through the advisory report reference mechanism. Reference of a bill to a select committee following the second reading is also possible, but this does not happen in practice (see Referral to select committee).
Second reading
Moving and second reading speech
Normally, with copies of the bill available for circulation to Members, immediately after presentation and first reading the Minister moves the second reading, saying I move that this bill be now read a second time. Speaking to this motion the Minister delivers his or her second reading speech and presents the bills explanatory memorandum. The Ministers speaking time is limited to 30 minutes. The second reading speech is the main speech on the bill and explains the purpose and general principles and effect of the bill. This speech plays an important role in the legislative process and its contents may be taken into account by the courts in the interpretation of an Act. Ministers are expected to deliver a second reading speech even if the speech has already been made in the Senate.
At the conclusion of this speech the debate is automatically adjourned to a future day (S.O. 217). Usually an opposition Member formally moves That the debate be adjourned (thereby reserving the right to speak first when the debate is resumed). The further question is then put from the Chair That the resumption of the debate be made an order of the day for the next sitting. On occasion leave may be granted or standing orders suspended to allow the debate to continue directly after the Ministers speech, or at a later hour the same day.
If copies of the bill are not available at the time of presentation the second reading cannot be moved immediately, and, on motion by the Minister, the second reading becomes an order of the day for the next sitting (S.O. 217). However, leave of the House may be sought or a motion to suspend standing orders moved in order to permit the Minister to move the second reading immediately.
After the first reading of a Senate bill the usual practice is for the Minister in charge to move that the second reading be made an order of the day for the next sitting instead of moving the second reading immediately.
In the case of an order of the day for the moving of the second reading, the Minister makes the second reading speech and the debate may be adjourned as described above. However, debate may also proceed forthwith, as the adjournment provisions of standing order 217 do not apply.
Resumption of debate on second reading
Orders of the day for the next sitting are not necessarily called on at the next sitting, as the standing orders allow the order of business under Government Business on the Notice Paper to be determined by the Government (usually after liaison with the Opposition). Debate may not be resumed for some time, depending on the Governments legislative program, and during this time public and Members attitudes to the proposal may be formulated.
When the order of the day for the resumption of debate on the second reading is called on, the Member who had earlier moved the adjournment of debate is entitled to the first call to speak. However, usually it is the opposition spokesperson on the bills subject matter who resumes the debate. The main opposition speaker (who is usually, but not necessarily, the first opposition speaker) may speak for up to 30 minutes. Other speakers in the debate are limited to 20 minutes each.
The debate may conclude after the first resumption, or may be further adjourned and resumed as many times as is necessary, depending on the nature of the bill, the number of Members wishing to speak and the time available on each occasion.
Nature of debate—relevance
The second reading debate is primarily an opportunity to consider the principles of the bill and should not extend in detail to matters which can be discussed at the consideration in detail stage. However, it is the practice of the House to permit reference to amendments proposed to be moved at the consideration in detail stage. Debate should be relevant to the bill, although it is not strictly limited to the contents of the bill. What may or may not be relevant is affected by the long title of the bill—for example A Bill for an Act to amend section 10 of the Airports Act (restricted title) would allow less latitude than A Bill for an Act about airports (unrestricted title). Debate may include reasonable reference to:
the necessity for the proposals; alternative means of achieving the bills objectives; the recommendation of objectives of the same or similar nature; and reasons why the bills progress should be supported or opposed.
Second reading amendment
An amendment to the question That this bill be now read a second time may be moved by any Member (but generally would be moved by an opposition Member). Such amendments should be relevant to the bill, and should not anticipate an amendment which may be moved at the detail stage nor propose the addition of words to the question (S.O. 220).
Amendments moved in accordance with this standing order are known as reasoned amendments as they enable Members to place on record any special reasons for not agreeing to the second reading or, alternatively, for agreeing with qualification. A reasoned amendment may be declaratory of some principle adverse to, or differing from, the principles, policy or provisions of the bill. It may express opinions as to circumstances connected with the introduction or prosecution of the bill, or may seek further information in relation to the bill.
The usual form of amendment is to move that all words after That be omitted and other words be substituted. Examples of words proposed to be substituted include:
the bill be withdrawn and redrafted to provide for . . . the bill be withdrawn and a select committee be appointed to inquire into . . . the House declines to give the bill a second reading as it is of the opinion that . . . the House disapproves of the inequitable and disproportionate charges imposed by the bill . . . the House is of the opinion that the bill should not be proceeded with until . . . whilst not opposing the provisions of the bill, the House is of the opinion that . . . whilst not declining to give the bill a second reading, the House is of the opinion that . . .
An amendment should amount to more than a direct negation of the principle of the bill.
In the case of a bill with a restricted title an amendment dealing with a matter not contained in the bill, nor within its title, may not be moved. If the bill has an unrestricted title an amendment dealing with a matter not in the bill, but which is relevant to the principal Act or to the objects of the bill as stated in its title may be moved, even though the clauses have a limited purpose.
Moving of the amendment—debate and question put
If the Member moving the amendment has allowed sufficient time, copies are duplicated and circulated in the Chamber.
The amendment must have a seconder, who must not be a Member who has already spoken to the original question. After the amendment has been moved and seconded the question is proposed from the Chair That the words proposed to be omitted stand part of the question. Debate may then occur on this question.
The second reading motion and the amendment are usually debated together. However, Members who have spoken to the bill before the amendment is moved are entitled to speak again to the amendment.
Determination of question on amendment
If the question That the words proposed to be omitted stand part of the question is resolved in the affirmative, the amendment is disposed of (S.O. 176). Debate may then continue on the motion for the second reading or the question on the second reading may be put. It is not possible for a further second reading amendment to be moved.
The standing orders are silent on the effect of carrying a reasoned amendment, and, as the House has never agreed to one, there is no guiding precedent. However, such action would probably be regarded as preventing further progress on the bill.
6 months amendment
Standing order 219 provides that an amendment may be moved to the question That this bill be now read a second time to omit the word now and add this day 6 months, which, if carried, finally disposes of the bill. No amendment may be moved to this amendment. In practice this kind of amendment is not used.
Determination of question for second reading
When debate on the motion for the second reading has concluded, and any amendment has been disposed of, the House determines the question on the second reading That this bill be now read a second time. On this question being agreed to, the Clerk reads the long title of the bill.
Proceedings following second reading
Governor-Generals message
Immediately after the second reading a message recommending an appropriation in connection with the bill may be announced (S.O. 221(a)). This is only relevant to special appropriation bills (see Special appropriation bills).
Referral to select committee
Immediately after the second reading, a motion, That this bill be referred to a select committee, may be moved (S.O. 221(b)), but this is not the current practice. A referral to a committee would now be expected to be made at an earlier stage by means of the advisory report procedure (see Advisory report by standing committee). A bill cannot be referred to a select committee after the completion of its consideration in detail (S.O. 224).
Instruction to a committee
Immediately after the second reading an instruction of which notice has been given may be moved (S.O. 221(c)). The use of instructions is not current practice.
An instruction empowers a committee to consider matters not otherwise referred to it. An instruction cannot be given to a committee to do that which it is already empowered to do, or, in the case of a bill referred to a select committee, to deal with a question beyond the scope of the bill as read a second time. An instruction to the Main Committee in relation to a bill requires notice, and can only be moved before the Committee has met to consider the bill. (S.Os 299302)
Leave to move third reading forthwith
At this stage, if the Speaker thinks Members do not desire to consider the bill in detail, he or she asks if it is the wish of the House to proceed to the third reading forthwith. If there is no dissenting voice the detail stage is superseded and the Minister moves the third reading immediately (S.O. 222(b)).
Consideration in detail
Following the second reading, if leave is not obtained for the third reading to occur forthwith, the House proceeds to the detailed consideration of the bill. Amendments to the provisions of the bill may be moved and debated at this stage.
The text of the bill is considered in the following order (S.O. 226):
clauses as printed and proposed new clauses, in their numerical order; schedules as printed and proposed new schedules, in their numerical order; postponed clauses (not having been specially postponed until after certain other clauses); preamble (if any); title.
In the case of amending bills (i.e. bills which amend existing Acts) which contain amendments listed in schedules, the schedules are considered in their numerical order before the clauses, and items within schedules in their numerical order. Consecutive items which amend the same section of an Act must, unless the House otherwise orders, be taken together.
In many instances leave is granted for the bill to be considered as a whole. The Chair asks Is it the wish of the House to consider the bill as a whole. If there is no dissenting voice, the Chair then proposes the question That the bill be agreed to. If, among circulated amendments, there is an indication that a clause is to be opposed, the bill cannot be taken as a whole. Leave may also be granted for clauses or schedules to be taken together in groups.
Debate
Debate must be relevant to the subject matter of the clause or schedule before the committee, or to an amendment (S.O. 228), and cannot extend to other clauses or schedules which have been, or remain to be, dealt with. Members speeches are limited to five minutes, but there is no limit on the number of times a Member may speak.
Amendments
An amendment may be moved to any part of the bill, provided the amendment is within the title or relevant to the subject matter of the bill and is otherwise in conformity with the standing orders of the House. An amendment may be moved only when the part proposed to be amended is before the House and it must be relevant to that part. Amendments may be moved together, by leave. An amendment which is contrary to a previous decision on a bill cannot be moved unless there has been a reconsideration of the bill (see Reconsideration) (S.O. 233).
Questions put
The Chair may propose the question on an amendment in one of the following forms:
When the amendment is to omit words, the question proposed is That the words proposed to be omitted stand part of the question (S.O. 175). When the amendment is to omit words and substitute or add others, the question is also That the words proposed to be omitted stand part of the question. If this question is agreed to, the amendment is disposed of; if negatived, a further question is proposed That the words proposed to be inserted (added) be so inserted (added) (S.O. 176). When the amendment is to insert or add words, the question proposed is That the words proposed to be inserted (added) be so inserted (added) (S.O. 177).
(In these illustrations the word words may be replaced by paragraph, subparagraph, subclause, section, schedule, and so on.)
If no Member objects, the question may be proposed in the form That the amendment be agreed to in any of the above cases (S.O. 178), and this is now common practice.
If a clause (or schedule, and so on) is amended, a further question is proposed That the clause (schedule, etc.) as amended, be agreed to (S.O. 229). If the bill is being considered as a whole, the further question proposed is That the bill, as amended, be agreed to. If the title is amended, the further question proposed is That the title, as amended, be the title of the bill (S.O. 231).
Reconsideration
At any time before the moving of the third reading, on motion without notice by any Member, a bill or part of a bill may be reconsidered in detail (S.O. 236B).
Report stage (for bills considered by Main Committee)
A copy of the bill certified by the Clerk of the Main Committee together with schedules of any amendments made by the Committee and any questions which the Committee was unable to resolve are transmitted to the Speaker for report to the House. The Speaker may report the bill to the House at a time when other business is not before the House (S.O. 234)—in practice this is usually after the MPI.
If a bill is reported from the Main Committee without amendment or unresolved question, the question That the bill be agreed to may be put immediately. This is the usual practice, although the House may if it wishes appoint a different time for the question to be put (S.O. 236A).
If a bill is reported with amendments, or with questions which the Main Committee had been unable to resolve, the report may be considered immediately if copies of the schedules have already been circulated among Members, and this is the usual practice (S.O. 235). In the event that copies of the schedules have not been circulated the standing order states that a future time shall be appointed for taking the report into consideration and that the schedules of amendments or unresolved questions shall in the meantime be printed. However, the report may still be considered at once by leave of the House, or, if leave is not granted, following the suspension of standing orders.
Questions put
When a bill is reported from the Main Committee without amendment or unresolved question, the question That the bill be agreed to is put without debate and no amendment to this question is possible (S.O. 236A).
When a bill is reported with amendments or with unresolved questions, the House deals first with any unresolved questions (these are generally proposed amendments to the bill, but unresolved second reading amendments are also possible). Separate questions, open to debate or amendment, are put on each unresolved matter; however, unresolved questions may be taken together by leave. The House then deals with any amendments made by the Main Committee. A single question is put That the amendments made by the Main Committee be agreed to. No debate or amendment to this question is permitted. No new amendments to the bill may be moved except if necessary as a consequence of the resolution by the House of any question left unresolved by the Main Committee. Finally, the question is put That the bill (or the bill, as amended) be agreed to. Once again, no debate or amendment of this question is allowed. (S.O. 236).
Third reading
The standing orders provide that following agreement to the bill at the detail stage, a future day is to be fixed for the third reading (S.O. 237), but it is usual for the House to grant leave for the Minister to move the third reading immediately.
The question That this bill be now read a third time may be debated but it is not often that this occurs. If it is debated, the scope of the debate is limited to the contents of the bill—that is, the matters contained in the clauses and schedules of the bill.
The only amendment allowed to the third reading (S.O. 239) is to move to omit now from the question That this bill be now read a third time and add this day 6 months which, if carried, would finally dispose of the bill. Few such amendments have been attempted and none agreed to.
When the question for the third reading is agreed to, the Clerk again reads the long title, at which point the bill has been passed by the House (S.O. 240).
Procedural variations
Cognate debate and bills taken together
When there are two or more related bills before the House, it frequently suits the House to allow them to be debated together—that is, the debate on the first of the bills covers also the other related bills. A debate of this kind is known as a cognate debate. Although not provided for in the standing orders, this is a well-established practice. A cognate debate is initiated by a proposal from the Chair seeking the agreement of the House. Agreement to the proposal must be unanimous. Upon the conclusion of the debate separate questions are put as required on each of the bills.
On occasion, to save the time of the House in cases where the passing of a group of closely related bills has been a formality, standing orders have been suspended to enable the bills to be considered and voted on together, with a single question put covering all the bills at each stage.
Limitation of debate (Guillotine)
Although the speaking time available to each Member to debate a bill is limited, the total length of the debate is not. The movement of the gag—the motion That the question be now put—is one way of cutting short debate. On other occasions the Government may resort to the procedure for the limitation of debate, known as the guillotine, to impose a timetable on the debate.
As a preliminary, a Minister declares the bill to be an urgent bill and the question That the bill be considered an urgent bill is immediately put from the Chair, no debate or amendment being allowed. If the question is agreed to, the Minister immediately moves a motion to allot time to the various stages of the bill, for example:
That the time allotted in connection with the bill be as follows:
For the second reading (or the remainder of the second reading), until . . . For the detail stage, until . . . , or
to the end of clause . . . , until . . . remainder of detail stage, until . . .
For the remaining stages, . .
It is not necessary to cover each stage in detail. The motion could also be in the form For the remaining stages, until . . . or For all stages, until . . .
This motion may be debated for 20 minutes, five minutes being allowed to each Member speaking, and amendments may be moved.
Standing orders must be suspended to allow more than one bill to be included in a single declaration of urgency and motion for the allocation of time.
After an allotment of time has been agreed to, at the time or times specified in the motion the Chair puts the questions necessary to conclude the proceedings to that particular stage, including, if necessary, questions on government amendments which have been circulated to Members at least two hours beforehand but not actually moved (S.O. 92).
When the expiry of time has prevented the Opposition from moving intended amendments which have been circulated, the Chair has allowed the proposed amendments to be incorporated in Hansard so that the intentions of the Opposition are recorded.
Private Members bills
A private Member may not initiate a bill imposing or varying a tax or requiring an appropriation. Taxation proposals by private Members are specifically prohibited by S.O. 293. Appropriation bills are prevented in practice because of the need for a message from the Governor-General recommending appropriation, and the provision in S.O. 292 that only a Minister may introduce such bills before the announcement of the message.
With these exceptions private Members—that is, Members who are not Ministers—are free to introduce bills of any kind during the period reserved for private Members business (see Non-government business: Private Members' bills). The introduction of a private Members bill is given priority over other private Members business (S.O. 104A).
When the notice for a private Members bill is called on by the Clerk, the Member presents the bill and may speak in support of it for a period not exceeding five minutes. It is then read a first time. The allocation of time for debate on the bills second reading on a subsequent private Members day is determined by the Selection Committee. If the second reading is agreed to by the House, further consideration of the bill is given priority over other private Members business (S.O. 104A).
A private Members bill may be considered during time reserved for government business following the suspension of standing orders.
Senate bills
A bill introduced into and passed by the Senate is transmitted to the House under cover of a message requesting the concurrence of the House. At a convenient time in the days program, the Speaker announces the message to the House and this action, in effect, presents the bill to the House.
The bill is read a first time and then proceeds in the same manner as an ordinary bill. However, it is usual for the Minister in charge to move that the second reading be made an order of the day for the next sitting instead of moving the second reading immediately.
If the bill is not amended by the House, it is returned to the Senate by message informing the Senate that it has been agreed to. The House, at the consideration in detail stage, may amend any bill received from the Senate, after which the bill is read a third time and returned to the Senate with a schedule of amendments to which the Senate is asked to agree.
A private Senators bill may be sponsored in the House by a Minister or by a private Member. Such a bill sponsored by a Minister proceeds as an ordinary government bill. In the case of a Senate bill sponsored by a private Member, proceedings following the first reading are those applying to private Members bills.
Constitution alteration bills
The passage of a bill proposing an alteration to the Constitution is the same as for an ordinary bill, with the additional requirement, imposed by section 128 of the Constitution, that it must be passed by an absolute majority of Members. To ensure that this requirement is fulfilled and recorded, bells are always rung for a division at the third reading stage, even when this question is carried on the voices. If the third reading is not carried by an absolute majority the bill is laid aside and cannot be revived in the same session of Parliament (S.O. 263).
Referendum
Not less than two nor more than six months after its passing by an absolute majority of each House, the bill shall be submitted to a referendum of voters in each State and Territory (Constitution, s. 128). In certain circumstances the Governor-General may also submit to referendum a constitution alteration bill which has been passed by one House only (see Disagreements over constitution alteration bills).
If, in the majority of States, a majority of electors voting in the State approve the proposed law, and if a majority of all electors voting also approve the proposed law, it is presented to the Governor-General for assent.
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