Ordinary bills are usually introduced by notice of intention to present or sometimes by leave. The Minister then hands a signed [61] copy of the bill to the Clerk. It is the practice of the House that another Minister may present a bill for a Minister who has given notice. There is no requirement for a Minister or any Member introducing a bill to present a printed copy. The standing order requires only that a legible copy signed by the Minister be presented to the House.
Nevertheless printed copies are usually available when the bill is introduced. The Clerk, upon receiving the copy of the bill from the Minister and without any question being put, [65] formally reads the bill a first time by reading its long title. A bill is not out of order if it refers to a bill that has not yet been introduced, [73] and a bill may be introduced which proposes to amend a bill not yet passed.
As no question is proposed or put, no debate can take place at the first reading stage. Immediately after the first reading the usual practice is that the Minister moves that the bill be read a second time and makes the second reading speech. Copies of the bill and the explanatory memorandum are made available to Members in the Chamber. A bill is treated as confidential by the staff of the House until it is presented, and no distribution is made until that time.
The Speaker has the discretionary power under standing order b to disallow any motion which he or she considers is the same in substance as any question already resolved during the same session. Sections 57 double dissolution and constitution alteration of the Constitution, relating to the resolution of disagreements between the Houses, provide for the same bills to be passed a second time after an interval of three months.
In using his or her discretion in respect of a bill the Speaker would pay regard to the purpose of the rule, which is to prevent obstruction or unnecessary repetition, and the reason for the second bill. Hence, in addition to the cases provided for in the Constitution, a Speaker might not seek to apply the rule to cases arising from Senate disagreement, and in the normal course of events it is only on such occasions that a bill would be reintroduced in the House and passed a second time.
It is also possible that a bill could seek to reintroduce provisions of a bill previously passed by the House but subsequently deleted from the bill by Senate amendment. Although there is no record of a motion on a bill being disallowed under the same question rule, in some circumstances the operation of the rule would be appropriate.
Had either one of the bills been read a second time, or the second reading been negatived, any further consideration of the other bill would have been preventable under the same question rule, but in the event neither bill was proceeded with. As no resolution had been reached on the previous occasion, the same motion rule was not applicable. After the first reading but before the debate on the motion for the second reading is resumed, a motion may be moved without notice to refer the bill to the Federation Chamber for the remainder of the second reading and consideration in detail stages.
A programming declaration may cover more than one bill. In the case of referral by motion of more than one bill, the Chief Government Whip may present a list of bills proposed to be referred and move a single motion, by leave, that bills be referred in accordance with the list.
Bills may be referred by a programing declaration, or by a motion on notice or by leave, after the resumption of debate on the second reading. When these procedures were first introduced in , referral occurred between the first and second reading stages. After the first reading but before the debate on the motion for the second reading is resumed, a bill may be referred by a motion moved without notice or by a determination of the Selection Committee to a standing or joint committee for an advisory report.
The motion or determination may specify a date by which the committee is to report to the House. Bills are referred to the general purpose standing committee or to the joint committee [96] 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 another Member.
Committee proceedings on a bill are similar to proceedings on other committee inquiries; the committee may invite submissions and hold public hearings, and may refer the bill to a subcommittee. Motions to take note of the report are not moved however, as opportunity for debate will occur during subsequent consideration of the bill if it is proceeded with.
If a committee finds no issues requiring a formal report, the Chair or Deputy Chair may make a statement to the House to that effect. 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 will follow in the House, or the bill may be referred for these stages to the Federation Chamber.
The bill cannot be considered in detail until the committee has reported. If the Government accepts changes to the bill recommended in the advisory report, these are incorporated into government amendments moved during the consideration in detail stage. Although the standing orders provide for bills to be referred to a committee before the resumption of debate on the motion for the second reading, referral at other times e. Pre- standing orders provided for the possible referral of a bill by the House to a select committee immediately following the second reading.
No bills were so referred. However, two bills were referred to select committees following the suspension of standing orders. On the first occasion the bill was referred to a select committee during the consideration in detail stage. The terms of reference of the Joint Select Committee on Gambling Reform established in provided for the committee to inquire into and report on, among other matters, any gambling-related legislation tabled in either House, either as a first reading or exposure draft.
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. Bills have been referred to a committee by a Minister directly that is, without action in the Chamber , prior to [] or even after [] its introduction to the House, rather than through the advisory report mechanism provided by standing order Proposals to refer bills to committees have been put forward in second reading amendments.
The second reading is arguably the most important stage through which a bill has to pass. The whole principle of the bill is at issue at the second reading stage, and is affirmed or denied by a vote of the House.
Copies of a bill having been made available in the Chamber, the second reading may be moved immediately after the first reading the usual practice or at a later hour. On the infrequent occasions when copies of the bill are not available, leave may be granted for the second reading to be moved immediately, [] or at a later hour that day.
If the second reading is not to be moved immediately or at a later hour, a future sitting is appointed for the second reading, and copies of the bill must then be available. Debate on the motion or amendment is restricted to the appointment of a day on which the second reading is to be moved, and reference must not be made to the terms of the bill.
There may be reasons, other than the unavailability of printed copies of the bill, for the second reading to be set down for a future day. The common practice, however, is for the second reading to be moved immediately after the bill has been read a first time. This speech should be relevant to the contents of the bill.
Ministers are expected to deliver a second reading speech even if the speech has already been made in the Senate. It is not accepted practice for such speeches to be incorporated in Hansard. When the second reading has been moved immediately pursuant to S. This motion cannot be amended or debated, [] and as adjournment is compulsory, no vote is taken.
This question is open to amendment and debate, although neither is usual. An order of the day set down for a specified day is not necessarily order of the day No. In the order of the House making the second reading of a bill an order of the day for the next sitting was rescinded on motion, by leave, and the second reading made an order of the day for that sitting.
On occasions debate may ensue, with the leave of the House, immediately after the Minister has made the second reading speech. If the second reading has been set down for a future sitting day, on that day the Minister makes the second reading speech when the order of the day is called on, and debate may be adjourned by an opposition Member [] in the normal way. Alternatively, the second reading debate may proceed immediately, as the provision concerning the mandatory adjournment of debate when the second reading has been moved immediately after the first reading does not apply.
As with all adjourned debates, when an adjourned second reading debate is resumed, the Member who moved the adjournment of the debate is entitled to the first call to speak. On resumption of the second reading debate the Leader of the Opposition, or a Member deputed by the Leader of the Opposition—in practice a member of the opposition executive—may speak for 30 minutes.
The Member so deputed, generally the shadow minister, is usually, but not necessarily, the first speaker when the debate is resumed. Other speakers in the debate may speak for 15 minutes. 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. The Chair has ruled that a Member would not be in order in reading the provisions of a bill seriatim and debating them on the second reading, [] and that it is not permissible at the second reading stage to discuss the bill clause by clause; the second reading debate should be confined to principles.
However, debate is not strictly limited to the contents of the bill and may include reasonable reference to:. However, discussion on these matters should not be allowed to supersede debate on the subject matter of the bill. When a bill has a restricted title and a limited subject matter, the application of the relevancy rule for second reading debate is relatively simple to interpret.
Debate could not exceed these defined limits. It also contained only three clauses. To a lesser extent, the relevancy rule is easily interpreted for a bill with a restricted title to amend named parts of the principal Act, even though the bill may contain a greater number of clauses than the above examples.
The Speaker ruled that the scope of debate on the States Grants Special Financial Assistance Bill should not permit discussion of the ways in which the States might spend the sums granted, that the limits of the debate were narrow and that he would confine the debate to whether the sums should be granted or not.
However, debate should still conform to the rules for second reading debates and be relevant to the objectives and scope of the bill. Reference may be had to the second reading speech and the explanatory memorandum to help determine the objectives and scope of a bill. General discussion of a matter in a principal Act which is not referred to in the amending bill being debated has been prevented. A reasoned amendment enables a Member to place on record any special reasons for not agreeing to the second reading, or alternatively, for agreeing to a bill with qualifications without actually recording direct opposition to it.
It is usually declaratory of some principle adverse to or differing from the principles, policy or provisions of the bill. It may express opinions as to any circumstances connected with the introduction or prosecution of the bill or it may seek further information in relation to the bill by committees or commissions, or the production of documents or other evidence.
The standing orders [] specify rules governing the acceptability of reasoned amendments. An amendment must be relevant to the bill. The bill dealt with extension of time of support only, not with the level of the support. The case of the Commonwealth Electoral Bill provides a good example of acceptable and unacceptable second reading amendments. Dissent from the ruling was moved and negatived.
Although there have been some excessively long second reading amendments, [] these are not welcomed by the Chair. Speaker Halverson ruled [] that a second reading amendment should not be accepted by the Chair if, when considered in the context of the bill, and with regard to the convenience of other Members, it could be regarded as of undue length, and that it was not in order for a Member to seek effectively to extend the length of his or her speech by moving a lengthy amendment, without reading it, but relying on the fact that the amendment would be printed in Hansard.
The Chair has directed a Member to read out a lengthy second reading amendment in full and for the time taken to do so to be incorporated into the time allocated for his speech, giving as the reason that the amendment was larger than that which would normally be accommodated and that he did not want lengthy amendments to become the norm. A reasoned amendment may not anticipate an amendment which may be moved during consideration in detail. A second reading amendment to add to the question an instruction to the former committee of the whole was ruled out of order on the ground that the bill had not yet been read a second time.
In addition to the rules in the standing orders governing the contents of reasoned amendments, it is the practice of the House that an amendment which amounts to no more than a direct negation of the principle of a bill is not in order. A second reading amendment is usually moved by the relevant shadow minister during his or her speech at the start of the debate, but may be moved by any Member and at any time during the debate.
By convention, if the Member has allowed sufficient time, copies of the terms of the amendment are circulated in the Chamber. Following the suspension of standing orders to enable a number of bills to be considered together and one question to be put on any amendments moved to motions for the second readings, [] second reading amendments have been moved to six bills in one motion.
Immediately the Member moving the second reading amendment has finished his or her speech not during the speech , the Speaker calls for a seconder. If the amendment is not seconded, there may be no debate on the amendment and it is not recorded in the Votes and Proceedings.
A Member who moves an amendment, or a Member who speaks following the moving of an amendment, is deemed to be speaking to both the original question and the amendment. A Member who has spoken to the original question prior to the moving of an amendment may again be heard, but shall confine his or her remarks to the amendment. A Member who has spoken to the original question may not second an amendment subsequently moved.
A Member who has already spoken in the second reading debate can only move a second reading amendment by leave of the House. The time limits for speeches in the debate are 15 minutes for a Member speaking to the motion for the second reading or to the motion and the amendment, including a Minister or Parliamentary Secretary speaking in reply.
A limit of 15 minutes also applies for a Member who has spoken to the motion and is addressing the amendment. A Member may amend his or her amendment after it is proposed with the leave of the House for example, to correct an error in the words proposed to be substituted. If the debate has been closed by the mover of the motion for the second reading speaking in reply before the question was put on the amendment, the question on the second reading is then put immediately after the question on the amendment has been resolved.
There is only one precedent for a second reading amendment being agreed to. This occurred in when a second reading amendment in the form of qualified agreement to the bill was agreed to on the voices. The questions on the second reading and subsequently the third reading were then put and agreed to on the voices. Later, the Speaker ruled that the amendment had been validly passed and that proceedings on the bill should have ceased at that point.
The questions on the second and third reading should not have been put and that those proceedings had not been valid. The House then agreed to a motion suspending so much of standing orders as would prevent the bill being restored immediately, and proceedings being resumed with the second reading to be moved. The questions on the second and third reading were then put and agreed to.
A similar view was taken by the Chair during consideration of the Family Law Bill , on which a free vote was to take place, when the effects of the carriage of an amendment expressing qualified agreement were canvassed in the House. If the contingent notice was called on and agreed to, the second reading of the bill would be made an order of the day for a later hour of the day.
It would then be up to the House as to when the order would be considered perhaps immediately. Any determination of the effect of the carrying of a second reading amendment in the future may well depend upon the wording of the amendment. If the rejection is definite and uncompromising, the bill may be regarded as having been defeated.
The modern practice in the UK House of Commons is that after a reasoned amendment of any kind has been carried, no order is made for a second reading on a future day. The view has been taken that an unresolved question on a second reading amendment prevents further consideration of a bill in the Federation Chamber.
No amendment may be moved to this amendment. Debate may then continue on the motion for the second reading. On this question being agreed to, the Clerk reads the long title of the bill.
The modern practice of the UK House of Commons is that defeat on second reading is fatal to a bill. Should the Government wish to proceed further with a bill, the second reading of which has been negatived or subjected to a successful reasoned amendment, an appropriate course to take would be to have the bill redrafted in such a way and to such an extent that it becomes a different bill including, for example, a different long title.
Alternatively, standing orders could be suspended to enable the same bill to be reintroduced, but this might be considered a less desirable course. From time to time a bill will be introduced and remain on the Notice Paper until the reactions of the public to the proposal are able to be made known to the Government and Members generally.
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Continue to secure page ». Government For Teachers. Legislation is Introduced - Any member can introduce a piece of legislation House - Legislation is handed to the clerk of the House or placed in the hopper. Steps in Committee: Comments about the bill's merit are requested by government agencies. Bill can be assigned to subcommittee by Chairman. Hearings may be held.
Subcommittees report their findings to the full committee. Finally there is a vote by the full committee - the bill is "ordered to be reported. If substantial amendments are made, the committee can order the introduction of a "clean bill" which will include the proposed amendments. This new bill will have a new number and will be sent to the floor while the old bill is discarded. The chamber must approve, change or reject all committee amendments before conducting a final passage vote.
In the House, most bills go to the Rules committee before reaching the floor. The committee adopts rules that will govern the procedures under which the bill will be considered by the House.
A "closed rule" sets strict time limits on debate and forbids the introduction of amendments. These rules can have a major impact on whether the bill passes. Debate House: Debate is limited by the rules formulated in the Rules Committee. If passed, it is then sent to the other chamber unless that chamber already has a similar measure under consideration. If either chamber does not pass the bill then it dies. If the House and Senate pass the same bill then it is sent to the President.
If the House and Senate pass different bills they are sent to Conference Committee. Most major legislation goes to a Conference Committee. Conference Committee Members from each house form a conference committee and meet to work out the differences. The committee is usually made up of senior members who are appointed by the presiding officers of the committee that originally dealt with the bill.
The representatives from each house work to maintain their version of the bill. If the Conference Committee reaches a compromise, it prepares a written conference report, which is submitted to each chamber. The conference report must be approved by both the House and the Senate. The President The bill is sent to the President for review. A bill becomes law if signed by the President or if not signed within 10 days and Congress is in session.
If Congress adjourns before the 10 days and the President has not signed the bill then it does not become law "Pocket Veto. The chamber that originated the legislation can attempt to override the veto by a vote of two-thirds of those present. If the veto of the bill is overridden in both chambers then it becomes law. Types of Legislation Bills - A legislative proposal that if passed by both the House and the Senate and approved by the President becomes law. Public Bill - A bill that affects the general public if enacted into law.
Other Terms Calendar Wednesday - A procedure in the House of Representatives during which each standing committees may bring up for consideration any bill that has been reported on the floor on or before the previous day. Sponsor - The original member who introduces a bill. Vote Smart. The bill is assigned its legislative number by the Clerk and referred to the committee of jurisdiction, which is the committee charged with review of the bill. The House of Representatives divides its work among over twenty permanent committees.
After a bill is introduced and referred to the committee of jurisdiction, the committee will often send the measure to its specialized subcommittee s for study, hearings, revisions, and approval. Usually, the first step in this process is a public hearing where the committee or subcommittee members hear witnesses representing various viewpoints on the measure.
At this point, amendments may be offered to the bill, and the committee or subcommittee Members vote to accept or reject these changes. At the conclusion of deliberation, a vote of committee or subcommittee Members is taken to determine what action to take on the measure.
It can be reported, with or without amendment, or tabled, which means no further action on it will occur. If the committee has approved extensive amendments, they may decide to report a new bill incorporating all the amendments. A measure is ready for consideration by the full House after it has been reported by a committee. Consideration of a measure by the full House can be a simple or very complex operation. Debate time for a measure is normally divided between proponents and opponents.
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