House of Representatives Standing and Sessional Orders

As at 12 March 2008

Chapter 1. Time limits and definitions

Chapter outline

This chapter contains some basic standing orders:

• maximum speaking times for the Chamber and Main Committee,
• definitions used throughout, and
• a statement of how the standing orders apply in proceedings.

Maximum time limits apply when speaking

1    Maximum speaking times

Definitions and application

2    Definitions

area of Members' seats means the area of seats on the floor of the Chamber reserved for Members. It does not include seats in the advisers' box or special galleries, but does include the seat where the Serjeant-at-Arms usually sits. The expression is used in standing orders 128 and 129 (divisions). See figure 1.

Assistant Minister see Minister.

Chief Government Whip includes another government whip acting on behalf of the Chief Government Whip.

Chief Opposition Whip includes another opposition whip acting on behalf of the Chief Opposition Whip.

Clerk at the Table means the person performing the duties of the Clerk in the Chamber. This term is used when duties are performed during a sitting.

Committee includes a House or joint, standing or select committee.

count out is the adjournment of the House because of the lack of a quorum of Members (30 Members).

document means any record of information, and includes:

1. anything on which there is writing;
2. anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them;
3. anything from which sounds, images or writings can be reproduced with or without the aid of anything else; or
4. a map, plans, drawing or photograph.

evidence means the information (whether or not confidential) provided by witnesses (whether or not under oath or affirmation) and inquiry contributors, to the House or a committee. It includes:

1. oral or written information provided by a witness in response to questions of the House or a committee, as relevant; and
2. written submissions from inquiry contributors which address the terms of reference of a committee's inquiry and which have been formally accepted by the committee.

Governor-General includes an Administrator of the Commonwealth.

House bill is a bill originating in the House.

laid aside means that the House has decided not to proceed with a particular proposal and has resolved to put an end to it.

leave, by means that no Member present objects.

Main Appropriation Bill means the main bill in a year appropriating money to fund expenditure for the ordinary annual services of government -that is, Appropriation Bill (No. 1).

Member means any Member of the House of Representatives, and private Member means a Member other than the Speaker or a Minister.

Minister includes Parliamentary Secretary^*, except in standing order 98 (questions seeking information), and standing order 193 (Members' three minute statements in the Main Committee).

notice is a stated intention for a new item of business, such as a notice of motion to be moved or notice of intention to present a bill.

order of the day is a formal agenda item of business on a particular day, including a bill or other matter which the House has ordered to be considered on that day.

Parliamentary Paper means a document in the Parliamentary Papers Series. All documents and petitions ordered to be published by either House have formed part of the series.

Parliamentary Secretary see Minister.

petition is a formal request to the House to take action that is within its power to take. A petition for presentation to the House must comply with the standing orders.

petition terms consist of the reasons for the petition and the request for action by the House.

physical limits of the Chamber means the area inside the Chamber walls, on the floor of the Chamber. It does not include the galleries on the upper floors. The expression is used in standing order 56 (quorum). See figure 1.

Privilege means the special rights and immunities belonging to the House, its committees and its members in accordance with section 49 of the Constitution, and as qualified by the Parliamentary Privileges Act 1987.

present a paper means table a paper.

Prorogation means the formal ending of a session of Parliament by the Governor-General.

question, in relation to a motion, means the matter before the House or Main Committee for decision. The question is proposed from the Chair to the House after a motion has been moved and, if necessary, seconded. During the debate the Speaker states the question to the House between speeches. At the end of the debate the Speaker puts the question by restating the question to the House and asking Members for and against the question to call 'Aye' or 'No'.

Question Time means the period of time set aside at every sitting during which Members may ask questions of Ministers or other Members (standing order 97).

quorum of the House is one-fifth of the whole number of Members of the House (i.e. 30 Members).

quorum of the Main Committee is one government Member, one non-government Member and the Chair.

Reading of a bill, means the reading of the title of a bill.

Recess means the period between sessions of a Parliament, or the period between the close of a session by prorogation and dissolution or expiry of the House. Reply is the closing speech of a debate in which the mover of a motion sums up or responds to the debate.

Senate bill is a bill originating in the Senate.

service of the House means attendance in the Chamber. Used in (standing order 26 (leave of absence), and (standing order 94(b) (Member suspended)-but see also standing order 94(e).

session means the period commencing on the first sitting day following a general election or a prorogation, and concluding by prorogation, dissolution or at the expiration of three years from the first meeting of the House.

sitting means the period commencing with the meeting of the House and concluding at the adjournment of the House. (A sitting may extend over more than one day, and it is possible, although unusual, to have more than one sitting on a day.)

Speaker is defined in standing order 3(d)

substantive motion means a self-contained proposal, drafted in a form capable of expressing a decision or opinion of the House.

Supply Bills appropriate money to fund government expenditure on an interim basis until Appropriation Bills have passed (now rarely necessary).

title of a bill means the long title, which usually begins 'A Bill for an Act . . .' .

visitor means a person other than a Member or parliamentary official.

Voices means the oral votes of Members, 'Aye' or 'No', on a question from the Chair.

Witness means a person who attends before the House or a committee to give evidence.

3    Application

1. These standing orders are the rules of the House made under the power granted by section 50 of the Constitution. They are of continuing effect and apply until changed by the House in this or a subsequent Parliament.
2. The standing orders apply in general to proceedings taking place inside the Chamber of the House. Some orders expressly provide for other parliamentary matters which take place outside the Chamber and the committees of the House, e.g. matters of privilege and petitions.
3. The standing orders also apply to committees of the House to the necessary extent, subject:
1. in the Main Committee, to the orders in Chapter 14 (standing orders 183-198), and
2. in all other committees, to the orders in Chapter 16 (standing orders 214-247).
4. The Speaker is the principal officeholder of the House. References in the standing orders to the duties and actions for which the Speaker is responsible are to Speaker, notwithstanding the practice of relief arrangements under which the Deputy Speaker, the Second Deputy Speaker or a member of the Speaker's panel occupies the Speaker's Chair when the Speaker is not in the Chamber. Similarly, references to the duties and actions for which the Deputy Speaker is responsible in relation to the Main Committee are to the Deputy Speaker notwithstanding relief arrangements.

Some matters are reserved only for the Speaker, or an acting Speaker:
role in the election of Deputy Speaker and Second Deputy Speaker (standing orders 13-14); selection of the matter of public importance (standing order 46); decisions on matters of privilege (standing orders 51-52). The power to exercise a casting vote (standing order 135) is reserved for the Speaker, Acting Speaker, Deputy Speaker or Second Deputy Speaker

5. The Speaker (or other Member presiding) is responsible for ruling whenever any question arises as to the interpretation or application of a standing order and for deciding cases not otherwise provided for. In all cases the Speaker shall have regard to previous rulings of Speakers of the House and to established practices of the House.

Comments to: chamber.research.reps@aph.gov.au
Last reviewed 26 March 2008 by Chamber Research Office, Dept of House of Representatives
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