STANDING ORDERS CHAPTER 9

BILLS

59 Introduction of a bill

 

A bill, unless received from the Council, must be introduced by a motion moved without notice for leave to bring in the bill, specifying its intended title.

60 Irregular bill to be withdrawn

 

Every bill not prepared according to the standing orders and practices of the House will be ordered to be withdrawn by the Speaker.

61 First reading and printing of a bill

 

(1)

On the introduction of a bill by a member under SO 59, or on the receipt of a bill from the Council for the House's agreement, its first reading will be proposed immediately. The question will be decided without amendment or debate except that (other than for a bill received from the Council) a member introducing a bill may be asked for a brief explanation of its scope.

 

(2)

After the first reading, the bill will be printed and (except for an Appropriation or Supply Bill) a future day will be appointed for its second reading -- provided that, if representatives of the other parties, and any independent members, have received a prior copy of the bill and a briefing, the second reading may be moved immediately after the bill has been read a first time.

62 Question for second reading

 

(1)

After the order of the day for the second reading of a bill has been read, the question to be proposed is 'That this bill be now read a second time'.

 

(2) A statement of compatibility tabled under s 28 of the Charter of Human Rights and Responsibilities Act 2006 will be incorporated in Hansard, without leave being required.

 

(3) A second reading speech for a bill being introduced by a member or minister will be incorporated into Hansard at the request of the member or minister, with the following exceptions:

 

  (a) where the speech contains a statement under s 85(5)(c) of the Constitution Act 1975, that statement must be delivered verbally to the House; and

 

  (b) where a speech contains a statement under s 31(5) of the Charter of Human Rights and Responsibilities Act 2006 that statement must be delivered verbally to the House.

63 Reasoned amendment to second reading

 

(1)

An amendment may be moved to the question 'That this bill be now read a second time' by leaving out 'now read a second time' and inserting 'deferred indefinitely', or other wording providing it is relevant to the bill.[3]

 

(2)

If the amendment is agreed to, the bill lapses.

64 Circulation of amendments

 

Amendments to be proposed during consideration in detail may be circulated as follows:

 

(1)

During the debate on the question 'That this bill be now read a second time' a member, without leave but not when another member is speaking, may announce amendments to that bill and ask that they are circulated.

 

(2)

The announcement and request to circulate may not be debated.

 

(3)

Following circulation, the member may discuss the principles of the amendments during the second reading debate.

65 Procedure following second reading

 

When a bill has been read a second time, the House will immediately consider the bill in detail unless the House:

 

(1)

Refers the bill to a select committee; or

 

(2)

Gives leave for the bill to proceed immediately to the third reading; or

 

(3)

Defers consideration in detail until a later time.

66 Sequence in which bill to be considered in detail

 

(1)

Each bill must be considered in the following order:

 

 

(a)

clauses separately and in order;

 

 

(b)

proposed new clauses;

 

 

(c)

the schedules separately and in order;

 

 

(d)

proposed new schedules;

 

 

(e)

the preamble (if any);

 

 

(f)

long title;

 

 

(g)

short title.

 

(2)

Consideration of a clause may be postponed, unless it has already been considered and amended.

 

(3)

After debate on a clause has concluded, the question must be put that the clause (or the clause as amended) stands part of the bill.

 

(4)

Following consideration and, if necessary, amendment of the preamble, the question must be put 'That this be the preamble of the bill'.

67 Amendments during consideration in detail

 

(1)

Any amendment may be moved during consideration in detail to any part of the bill, provided it is relevant to the subject matter of the bill or pursuant to a motion on notice to extend the scope of the bill.

 

(2)

If an amendment has been made in the bill necessitating an amendment of the long title, a question will be proposed 'That the long title, as amended, be the long title of the bill'.

 

(3)

If a bill is amended, the final question during consideration in detail will be 'That the House agrees to the bill as amended'.

68 No discussion of select committee proceedings

 

A member must not refer to the proceedings of a select committee on a bill until the proceedings have been reported.

69 Reconsideration in detail

 

At any time before the passage of the third reading, a bill, on motion without notice by a member, may be reconsidered in detail, in whole or in part, by the House.

70 Certificate of Clerk

 

Following the consideration in detail stage the Clerk will sign the bill to certify that it is correct.

71 Third reading

 

When a bill has been agreed to at the consideration in detail stage the question will be posed 'That this bill be now read a third time'.

72 Amendments to third reading

 

The only amendments which may be moved to the question 'That this bill be now read a third time' are as provided by SO 63 in relation to the second reading question.

73 Adjourning the third reading

 

The further proceedings on a third reading of a bill may be adjourned to a future day.

74 Bill passed

 

When the third reading of a bill is agreed to, it is passed.

75 Consequential renumbering of bills

 

Where a bill has been amended, the Clerk and the Clerk of the Parliaments are authorised to carry out any consequential renumbering required in it, except in relation to text being inserted or substituted in Principal Acts.

76 Message sent to Council

 

(1)

After a bill has passed and has been certified by the Clerk it will be sent or returned to the Council with a message, without a question being put.

 

(2)

If the bill originated in the House, the message will present the bill for the agreement of the Council.

 

(3)

If the bill originated in the Council, the message will inform the Council that the House has:

 

 

(a)

agreed to the bill without amendment; or

 

 

(b)

agreed to the bill subject to the amendments contained in the schedule attached and the Council's agreement to such amendments is requested; or

 

 

(c)

rejected the bill.

77 Amendments received from Council

 

When a bill is returned from the Council with amendments, the amendments will be printed and a time will be fixed for taking them into consideration.

78 Consideration of Council amendments

 

(1)

The amendments made by the Council may be:

 

 

(a)

agreed to either with or without amendments; or

 

 

(b)

disagreed with; or

 

 

(c)

deferred indefinitely, in which case the bill lapses.

 

(2)

After the House has dealt with the amendments, a message will be sent informing the Council of the House's decision, without a question being put.

79 Governor's amendment

 

(1)

An amendment proposed by the Governor to a bill presented for royal assent must be dealt with by the House in the same way as an amendment of the Council.[4]

 

(2)

When the House agrees to the amendment it must be sent to the Council with a message requesting agreement, without a question being put.

80 Bills from previous session

 

(1)

If a bill is introduced which the Clerk certifies is the same as a bill which passed its second reading but was not finally passed by both Houses in the previous session of the same Parliament, a member may move that the bill be advanced to the stage, or any earlier stage, it had reached in the House in the previous session.

 

(2)

That motion is put to the House without amendment or debate and, if agreed to, the bill is restored on the notice paper at the stage specified in the motion. It is then to be dealt with in the same way as any other bill.

 

(3)

A bill restored to the notice paper may be reprinted with the current calendar year in its short title and in any corresponding references within the bill.

 

(4)

If the motion is not agreed to, the bill may be brought in and proceeded with in the ordinary manner.

81 Corrections to bills

 

The Clerk may correct a clerical or typographical error in a bill before it is sent to the Council. The Clerk must inform the House at once of any clerical corrections made.

82 Bills altering Constitution

 

Whenever a bill to alter the Constitution Act has passed its third reading in the Assembly with the concurrence of an absolute or special majority of the whole number of the members of the House, the Clerk must certify that fact.

83 Speaker may rule that a bill is a private bill

 

(1)

After the second reading speech has been made, the Speaker may rule that the bill is a private bill.

 

(2)

Unless the House agrees to treat the bill as a public bill, the Speaker will publish a statement about the general nature of the bill in a newspaper circulating generally in Victoria and, if applicable, in a newspaper circulating in the relevant locality.

84 Objection to private bill

 

(1)

A person who considers that a provision in the bill has a direct and adverse effect on him or her has 14 days after the publication to send a written detailed objection to the Speaker.

 

(2)

If a written objection is made, the Speaker must appoint a panel of examiners of at least three Acting Speakers to consider the objection and to report to the Speaker on whether it raises sufficiently important matters for the appointment of a select committee to consider the bill. The Speaker must inform the House of the recommendation made by the panel to each objection.

85 Promoter of private bill to pay for its cost

 

Unless the House dispenses with fees, the promoter of a private bill must pay to the Department of the Legislative Assembly:

 

(1)

A deposit of $1,000 before the bill is read a second time; and

 

(2)

An amount, less the deposit, to reimburse all expenses involved in the preparation and passage of the bill, including costs of:

 

 

(a)

drafting and printing;

 

 

(b)

circulation and advertising;

 

 

(c)

any select committee appointed to consider it --

 

 

and payment must be received before the Clerk of the Parliaments presents the bill for royal assent.

86 Procedures for private bills

 

A private bill is dealt with in the same way as a public bill except for the procedures in SOs 83 to 85.