| Related Orders, Precedents and Rulings |
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| House Forms | Introduction of Bills
(SO 188) Minister: I move, That a bill be introduced for an Act [long title of the bill] Speaker: The Question is: That this bill be now introduced (NO DEBATE OR AMENDMENT ALLOWED) Minister: I bring up the Bill (Minister hands copy of Bill to Clerk) Minister: I move, That this bill be now read a second time (Minister delivers speech) (Opposition Member will then move that the debate be now adjourned) (When agreed to) Minister: Mr Speaker, I ask that you fix the resumption of this debate as an Order of the Day for a future day Speaker: I fix the resumption of this debate as an Order of the Day for a future day |
| Notes for the Chair | RESUMPTION OF SECOND READING DEBATE Debate on a bill cannot be resumed until after five clear days unless standing orders have been suspended to permit otherwise or a bill has been declared urgent in accordance with Standing Order 189. The day that debate is adjourned is not counted as one of the five clear days. It is the practice of the House that the lead speaker for the Opposition speaks first in the debate on a Government bill when it resumes. However, if the Member in charge of the bill wishes to add to their second reading speech, they are entitled to speak first at any time that the order of the day is called on. The second reading is the stage at which the general principles of the bill are considered. The second reading debate should avoid unnecessary discussion. Speakers' rulings have implied that where a bill is specific and of limited application debate is limited, but when the bill is a comprehensive measure, a very complex one or one which sets out new precedents the debate may be wide-ranging. Apart from this general principle setting the scope of debate in relation to bills, certain Speakers' rulings have helped to define what Members can and cannot refer to during the second reading debate. For instance, brief reference may be made to an earlier bill on a similar matter, complementary legislation, an analogous situation, matters which Members believe should be included or considered, and a bill that is not yet law. Members, are however, generally prohibited from discussing a bill clause by clause, referring to portions of the principal Act not affected by the bill, and debate at large on Government policy. Amendments may be moved to the question for a bill to be read a second time to refer the bill to a committee, dispose of the bill, or defer consideration to a later time. At the conclusion of the debate, the Member who moved the motion for the bill to be read a second time has a right of reply. The Speaker then puts the question, "That this bill be now read a second time". Key rulings: Debate |
| 2012 Precedent | After a discrepancy was found between the long title of a bill and the notice of motion introducing the bill, a corrected notice was provided to the House. PD 22/8/2012, p 14254; VP 22/6/2012, p 1184 |
| Notes for the Chair | INTRODUCTION AND SECOND READING A bill may be introduced at the same sitting or a sitting subsequent to the day on which notice was given. Standing and sessional Orders must be suspended to permit the bill to be introduced without notice. A bill is introduced when a Member moves that a bill be introduced and hands three copies to the Clerk. There is no debate at this formal stage which is also taken to be the first reading of the bill. The mover then proceeds with their second reading speech forthwith after moving a motion for the bill to be read a second time. INTRODUCTION OF A BILL - LOQ FOR THE CHAIR Speaker: “The Clerk will read the next item of business” [Clerk will announce the introduction of bill] [Minister moves That this bill be now introduced by reading the long title "A bill for an Act…"] Speaker: “The question is, That this bill be now introduced. All of that opinion say AYE, to the contrary NO. I think the Ayes/ Noes have it – [PAUSE (to allow for calling of a division)] – the Ayes/ Noes have it”. [Minister says “I bring up the bill” and I move,
That this bill be now read a second time”
and gives speech] [After the speech has been given the Speaker restates the question before the House] Speaker: “The question is, That this bill be now read a second time”. [An Opposition Member will seek the call to adjourn the debate] Speaker: “The Member for….” [Member says “I move that the debate be now adjourned”] Speaker: “The question is, That this debate be now adjourned” [Put Question] [When passed Minister will ask for the resumption of the adjourned debate to be set down as an order of the day for a future day] Speaker: “I fix the resumption of this debate as an Order of the Day for a future day” INTRODUCTION OF COGNATE BILLS - LOQ FOR THE CHAIR Speaker: “The Clerk will read the next item of business” [Clerk will announce the introduction of bills] [Minister moves That these bills be now introduced by reading the long titles] Speaker: “The question is, That these bills be now int |
| 2008 Precedent | 1. A Minister obtained the leave of the House for the introduction without notice and the agreement in principle speech on a bill to proceed forthwith. VP 4/4/2008, 603 |
| 2007 Precedent | 1. The Speaker informed the House of a discrepancy between the notice of motion for the Roads Amendment (Lane Cove Tunnel Filtration) Bill and the long title of the bill as introduced. The Speaker further informed the House that a corrected notice had since been provided and that the records of the House had been corrected accordingly. PD 15/11/2007, 4255; VP 15/11/2007, 401 |
| House Forms | Bills - Withdrawal
(SO 188(11)) On the reading of the Order of the Day for the resumption of the adjourned
Second reading debate a motion may be moved to discharge the Order of the
Day and to withdraw the bill (AFTER THE CLERK HAS READ THE ITEM OF BUSINESS) Member: I move, That the Order of the Day for the resumption of the second reading debate on the Bill be discharged and the bill withdrawn ALTERNATIVELY – During the Placing or Disposal of Business – Government Business – Orders of the
Day or General Business – Orders of the Day (for Bills) Member: I move, That the Order of the Day for the resumption of the adjourned second reading debate on the Bill be discharged and the bill withdrawn |
| 551 Sessional Order | Introduction of Bills
(adopted 4 April 2012) That, during the current session, unless otherwise ordered, standing order 188 shall read as follows: 188. The procedure for the introduction and the passage of a bill up to the mover's second reading speech is as follows: (1) The title of a bill must agree with the notice of intention to present it, and every clause must come within the title. It shall not be necessary to specify in the long title every Act which it is proposed to amend. (2) A notice of motion shall be given: "I give notice of motion to introduce the [short title of the bill]". It is sufficient for the mover to read the short title. (3) The motion to introduce the bill may be moved on the same day notice is given and shall include the long title. (4) The question "That this bill be now introduced" shall be put without debate or amendment and the bill shall be taken as read a first time without question put. (5) The bill as introduced shall correspond with the notice of motion. (6) Three copies of the bill shall be handed to the Clerk. (7) The bill shall be printed, with an explanatory note if applicable, without motion put. (8) The motion "That this bill be now read a second time" may be moved forthwith or set down for a later time. (9) Immediately following the mover's second reading speech the debate shall be adjourned. (10) The mover shall ask the Speaker to fix the resumption of the debate as an Order of the Day for a future day which shall be at least five clear days ahead. (11) On the reading of the Order of the Day a motion may be moved "That this bill be now read a second time", or "That the order be postponed" or, on a motion without notice, "That the order be discharged and the bill be withdrawn". |
| S.O. 198 of 1994 (Repealed) | 198. The procedure for introducing and passage of a public bill up to the mover's second reading speech is as follows: Every bill shall be prepared pursuant to the long title, which shall set out the main purposes of the bill. It shall not be necessary to specify in the long title every Act which it is proposed to amend. A notice of motion for leave to introduce is given, it being sufficient for the mover to read the short title. The motion that leave be given to bring in the bill shall include the long title. The question "That leave be given to bring in the bill" shall be put without debate or amendment. The bill as introduced shall correspond with the order of leave. 3 copies of the bill shall be handed to the Clerk and the bill shall be read a first time without question put. At each reading the Clerk shall read the short title of the bill. The bill shall be printed, with an explanatory note, without question put. The second reading of the bill may be moved forthwith or set down for a future time. Immediately following the mover's second reading speech the debate shall be adjourned. The mover shall ask the Speaker to fix the resumption of the debate as an Order of the Day for a future day which shall be at least five clear days ahead. On the reading of the Order of the Day, a motion may be moved "That this bill be now read a second time", or that the order be postponed or, on motion without notice, that the order be discharged. A further motion may be moved that the bill be withdrawn. |
| 2004 Precedent | 1. During the giving of a second reading speech on a private member's bill a point of order was raised that the member introducing the legislation had attacked a federal member of Parliament and should be brought back to the leave of the bill. The member introducing the bill noted that he was responding to an interjection. The Speaker reminded members that a second reading speech has an important legal purpose in that it gives definition to the bill. He went on to note that a second reading speech may be used subsequently to interpret the bill when it becomes law and should be specific in relation to its terms. In relation to the point of order raised the Speaker ruled that various matters that had been canvassed in relation to different personalities appeared to be outside the leave of the bill and reminded the member introducing the legislation that he should resist the temptation to respond to interjections. PD 18/03/2004, p 7561 2. During the second reading debate on a bill, a point of order was raised that the Opposition spokesman for a bill was reflecting on the findings of a Judge in relation to an inquiry into the Waterfall rail disaster and should cease following that line of debate. The Acting-Speaker upheld the point of order and drew the attention of the member speaking to the remarks made. PD 31/03/2004, p 7903 3. When a parliamentary secretary sought leave to incorporate the second reading speech of a bill that had been introduced previously into the Legislative Council a point of order was raised that the bill was not in the same form as it was introduced. The Deputy-Speaker noted that although the bill may have been amended in the Legislative Council that the second reading speech had not changed and leave was granted. PD 02/04/2004, p 8053 4. A Minister obtained leave to give a notice of motion for the introduction of a bill and for the bill to be proceeded with up to and including the Minister's second reading speech. VP 19/11/2004, p 1161 |
| 2003 Precedent | 1. When the second reading debate on a private member's bill resumed the mover of the bill claimed that during her second reading speech on the bill she had been interrupted after only speaking for a few minutes. The Acting-Speaker advised the member that she would need the leave of the House to continue her speech as the time allocated for second reading speeches had passed. With the leave of the House the member began to continue her speech. A point of order was raised by a member after consulting the Hansard record that the member had, when previously speaking to the bill, commended the bill to the House and as such her speech had been completed and the debate adjourned on the motion of another member. Following debate on the matter the Acting-Speaker advised the House that leave had been granted to the member to allow her to continue her second reading speech on the information she had supplied to the House and that this was in contrast to the Hansard record. The Acting-Speaker did however note that it was preferable to adjourn the debate to resolve the matter in such a way that permits the member to continue her second reading speech. The Manager of Opposition Business then moved a motion that the member be heard and the Leader of the House asked the Acting-Speaker to reject the motion. The Acting-Speaker advised the Leader of the House that the Chair does not reject anything. Debate on the matter continued until the Acting-Speaker ruled that there was no point in taking the matter further noting that the House had granted leave for the member to continue her speech on the basis of information she supplied to the House - which techincally contradicted the Hansard record. The Acting-Speaker suggested that the Leader of the House, the Manager of Opposition Business and the member who had carriage of the bill attempt to agree on a way in which the matter could proceed. The following sitting week standing and sessional orders were suspended to enable the member to continue her second reading speech
PD 16/10/200 |
| 2002 Precedent | 1. Standing and Sessional Orders suspended to permit the tabling for incorporation in Hansard of the Minister's second reading speeches on a couple of bills. VP 31/10/02, 556 - 7 |
| 2001 Precedent | (In relation to subection 11 [The procedure for introducing and passage of a public bill up to the mover's second reading speech is as follows:] (11) The mover shall ask the Speaker to fix the resumption of the debate as an Order of the Day for a future day which shall be at least five clear days ahead): 1. Point of order taken, seeking an assurance that debate on a bill would be adjourned for five clear days. The Speaker replied that there was no point of order but he would allow the Leader of the Opposition to express an opinion. PD 19/6/01, 14776 |
| 2001 Precedent | (In relation to subection 2 [The procedure for introducing and passage of a public bill up to the mover's second reading speech is as follows:] (2) A notice of motion for leave to introduce is given, it being sufficient for the mover to read the short title): 1. Leave granted for the introduction of a bill without notice, and passage up to and including the Minister's second reading speech at this sitting. VP 22/6/01, 1316 |
| 2000 Precedent | 1. Standing and Sessional Orders suspended to allow the interruption of business at 4pm for the introduction by the Premier of the Appropriation and associated budget related bills and progress up to and including the Premier’s second reading speech, and to provide that during the Budget sittings, unless otherwise ordered, the speaking times of “Any other Member” on the Appropriation and cognate bills be limited to 20 minutes with no extension, and for debate on the Appropriation Bill and cognate bills being resumed at this or any subsequent sitting. VP 23/05/00, p 480 2. Minister tabled the following five documents each bearing identification “as part of the tabled text” for the purposes of the Corporations (Commonwealth Powers) Bill: Commonwealth Australian Securities and Investments Commission Bill. Commonwealth Corporations Bill Volume 1 Part 1. Commonwealth Corporations Bill Volume 1 Part 2. Commonwealth Corporations Bill Volume 2 Part 1. Commonwealth Corporations Bill Volume 2 Part 2.VP 30/11/2000
VP 30/11/2000, 979 |
| 1999 Precedent | (In relation to subection 11 [The procedure for introducing and passage of a public bill up to the mover's second reading speech is as follows:] (11) The mover shall ask the Speaker to fix the resumption of the debate as an Order of the Day for a future day which shall be at least five clear days ahead): 1. Following the suspension of Standing and Sessional Orders the Parliamentary Committees Legislation Amendment Bill (No 2) was introduced and passed through all stages in under four minutes. VP 3/06/99, 136 |
| 1997 Precedent | 1. On a parliamentary secretary rising to give a second reading speech on behalf of the Minister, the Speaker ruled that it was the practice of the House for only Ministers to introduce Government bills and suggested a Minister give the second reading speech. PD 22/05/97, 9101 2. Deputy Speaker ruled that an error in placing a bill on the Table or other technical fault in procedure does not interfere with or invalidate the bill before the House
PD 22/10/97, 1272 |
| 1995 Precedent | 1. Point of order upheld that Premier had not followed standing orders in introducing a bill by moving solely "That this bill be now read a second time". PD 19/9/95, 1101 2. Minister made ministerial statement concerning inaccuracies in his second reading speech on a bill. VP 10/10/95, 260 |
| 1992 Precedent | (In relation to subection 5 [The procedure for introducing and passage of a public bill up to the mover's second reading speech is as follows:] (5) The bill as introduced shall correspond with the order of leave.): 1. Constitution (Amendment) Bill and cognate bill Constitution (Entrenchment) Amendment Bill introduced. On the next day, the Speaker drew the attention of the House that a procedural difficulty existed in relation to the introduction of these bills and notices of motion given on 29 October 1992. Under the standing order, the long title of a bill should correspond with the order of leave, that is, the terms of the notice of motion, however, an error occurred during the checking process prior to the introduction of the bills. In order that the records of the House were correct, the Speaker proposed that the notices of motion be corrected to accord with the titles of the bills as introduced. PD 17/11/92, 9004
PD 18/11/92, 9179 |
| 1992 Precedent | (In relation to subection 11 [The procedure for introducing and passage of a public bill up to the mover's second reading speech is as follows:] (11) The mover shall ask the Speaker to fix the resumption of the debate as an Order of the Day for a future day which shall be at least five clear days ahead): 1. Standing and sessional orders suspended to bring in a bill up to and including the Minister's second reading speech and the resumption of the adjourned debate being set down as an order of the day for a specified day (5 March 1992). VP 4/3/92, 79 |
| 1992 Precedent | 1. Point of order taken following introduction of private member's bill that there were no copies of the bill available on the Table. The Speaker replied that there was no need at this stage for copies to be on the Table. Members had one week in which to examine the bill before participating in the debate. PD 3/9/92, 5425 |