Introduction

12.1 This chapter provides an overview of the stages of consideration of a bill by the House of Representatives. It is limited to the normal procedures. Further details on the procedures mentioned in this chapter can be found in House of Representatives Practice and the House of Representatives Standing and Sessional Orders. 

House-initiated bills

Preparation for introduction

12.2 The Office of Parliamentary Counsel will order the required copies of a bill and arrange delivery to the House of Representatives Table Office. OPC usually makes a small number of copies available to the department. Apart from that, copies are not provided to the department unless special arrangements are made in advance with OPC. The department will be required to meet the costs of printing any additional copies it requires of a bill.

12.3 Extra copies of the introduction print of the bill do not have the security marking ‘sensitive: legal’ on them. Additional copies ordered by departments will not be released until after the bill is introduced.

12.4 The department must arrange for the printing and delivery to Parliament House of the required copies of the explanatory memorandum and the second reading speech.

12.5 Once a bill is introduced, it is the property of the relevant house, not the minister. After introduction, copies are published online and printed on the authority of the relevant house on instruction from parliamentary officers, not OPC.

Notice of introduction

12.6 For most bills, the responsible minister is required to give written notice to the House at least one sitting day prior to introduction. Only appropriation or supply bills or bills dealing with taxation may be introduced without notice. The notices of motion for bills are prepared by OPC and delivered to the PLO, who arranges for them to be signed by the relevant ministers for lodgement with the Clerk of the House on the sitting day before introduction. The notice will appear on the Notice Paper for the next sitting day as a government business notice of motion.

12.7 A bill which requires notice for introduction may be introduced by leave of the House (i.e. with the consent of all members present) if notice has not been given. In the event that leave is not granted, the only way the bill may be introduced is by the suspension of standing orders, which has to be carried by an absolute majority of members. This course of action is considered only in exceptional circumstances.

Minister’s papers for presenting a bill

12.8 The Table Office will provide to the minister who is to present a bill:

1. the formal words to be used when presenting the bill; and
2. one copy of the bill to be signed on the cover by the minister beforehand for handing to the Clerk in the chamber when the bill is presented.

12.9 The department must provide to the minister:

1. the explanatory memorandum to be signed on the cover by the minister in advance of presentation to the House; and
2. the second reading speech to be read by the minister on moving the second reading of the bill.
3. Note: The Table Office will not provide any copies of the bill, except for the minister’s introduction copy, before it has been introduced.

Presenting a bill – first reading

12.10 Bills to be introduced are listed as items of government business in the Daily Program. The Clerk will call on each item at the appropriate time in the day’s proceedings and read the short title of the bill, whereupon a minister rises to present the bill using the procedural wording provided by the Table Office and hands the signed copy of the bill and a signed copy of the explanatory memorandum to the Clerk. The bill is then read a first time, by the Clerk standing and reading out the long title of the bill. Copies of the bill, which until this time have been treated as confidential by parliamentary staff, are then circulated to members in the chamber and published on the Parliament House website.

12.11 Immediately after the first reading, the minister moves the second reading using the procedural wording provided by the Table Office, and reads the second reading speech.

12.12 The minister may also give a copy of the second reading speech to the Opposition shadow minister at the table.

12.13 Debate on the bill is then adjourned and set down as a government business order for a future sitting.

Selection Committee and referral of bills

12.14 The Selection Committee is established under House standing order 222. The Selection Committee may select bills that it regards as controversial or as requiring further consultation or debate for referral to the relevant House standing or joint committee. The Selection Committee’s recommendations are treated as having been adopted when they are presented to the House.

12.15 The Selection Committee may refer bills only after introduction in the House. Bills introduced first in the Senate may be referred after they have passed the Senate and have been received by the House. While the Selection Committee may specify a date by which the House standing or joint committee is to report to the House, practice is to allow committees to determine a reporting date. A bill referred by the Selection Committee for inquiry may not proceed beyond the second reading debate stage until the House standing or joint committee has reported. This enables the House to consider recommendations of the standing or joint committee and the necessity for amendments.

12.16 Once introduced, a bill may also be referred to a House standing or joint committee by a resolution of the House or by a minister writing to the chair of a committee requesting the committee examine the bill. Similarly, draft bills may be referred for inquiry by a minister writing to a committee or, if tabled (as a government document), by resolution of the House. Automatic referral of a bill may occur if the terms of reference of a committee stipulate that legislation on a defined topic will stand referred once introduced.

12.17 The operation of committees is governed by the House of Representatives Standing and Sessional Orders. House standing or joint committees may hold public or private hearings to take evidence and seek information from ministers and their departments. If a minister’s bill is referred to a committee, departments will need to be available to provide background briefing and factual information to the minister or the committee. This could include advice on any possible amendments to the bill and to progress preparation of amendments when required.

Preparation for second reading debate and consideration of detail

12.18 The PLO programs bills for second reading debate in consultation with the leader in the House. Ministers’ offices and departments may also be consulted, having regard to the priority status of the bills.

12.19 Generally, only urgent bills (i.e. category T bills) are programed for second reading debate in the same sitting period as introduction. To allow time for consideration of urgent bills by the Opposition and members generally, the normal practice is not to resume the second reading debate any earlier than the latter half of the week following introduction. Programming is also dependent on the number of urgent bills awaiting debate and on government priorities at the time.

12.20 Bills, other than urgent bills, are not normally programed for debate until the Opposition party room has had an opportunity to consider the bills. However, non‑urgent bills that are not controversial could be debated in the Federation Chamber (see paragraphs 12.55 to 12.59).

12.21 It is the responsibility of the department to alert the PLO as early as possible to any urgency (e.g. critical deadlines for implementation) or other factors (e.g. the need for time to prepare government amendments to address community concerns or respond to issues raised by parliamentary committee inquiries) which may affect the timing for resumption of the second reading debate. These factors must be indicated on the Legislation Overview form (see paragraphs 8.7 to 8.10).

12.22 If government amendments are to be moved during debate on a bill, follow the requirements set out in Chapter 9 Amendments during Passage of a Bill and Supplementary Support Material. The required copies of the government amendments and supplementary explanatory memorandum must be lodged with the Table Office and the PLO in time for the resumption of the second reading debate. This will enable the minister to move the amendments and present the supplementary explanatory memorandum during the consideration in detail stage of the bill, which (unless debate is adjourned) follows immediately upon conclusion of the second reading stage. 

12.23 It is customary for government amendments to be circulated at least several hours before they are moved by the minister in the chamber. Clearance will be sought from the minister’s office to circulate the amendments when the required copies are lodged with the Table Office and the legislation approval process has been completed (see Chapter 8 The Legislation Approval Process for Bills prior to Introduction in the Parliament). Ministers’ offices may wish to provide copies to the shadow spokesperson’s office at the same time. The text of circulated amendments can be accessed at a bill’s homepage on the Parliament House website.

12.24 Moving government amendments can delay passage of a bill and preparation for assent, because of the additional time taken to debate the amendments and the need to reprint the bill before it can be transmitted to the Senate or presented to the Governor‑General for Royal Assent (see Chapter 14 Procedures after Passage of a Bill). Where there is a need to move a large number of government amendments, there may be merit in withdrawing the bill and reintroducing it in a consolidated form. Ultimately, this may save time and cause less inconvenience.

12.25 Although there is usually a time gap between introduction of a bill and resumption of the second reading debate, priorities in the use of parliamentary time can change very quickly. As soon as a bill is introduced, the department and the minister must be prepared for the resumption of the second reading debate.

12.26 In consultation with the responsible minister’s office, departments must ensure that the minister taking a bill through the House is fully briefed prior to the second reading debate, and is supported by departmental advisers during the debate on the bill. The responsible House minister may not be available to take the bill through the House and would be represented by another minister. Depending on their familiarity with the bill, the representing minister may need to rely heavily on the briefing material and the advice of the departmental advisers. Therefore, briefing material needs to be in a form that can be presented to ministers who are not totally familiar with the subject matter.

12.27 Departmental advisers are to be present in the chamber during the second reading debate and the consideration in detail stage. Advisers must have a detailed knowledge of the legislation (i.e. the bill, and any proposed amendments, including the impact on the primary Act if applicable) and the authority to provide and recommend responses to the minister at all stages of debate on the bill. It is not possible for the debate to be suspended to allow departmental advisers to refer to the department during the passage of the bill through the chamber. However, when several advisers are in attendance, one adviser may leave the chamber to consult the department if necessary. Phones are available just outside the House chamber. 

Resumption of second reading debate

12.28 On the resumption of debate, an Opposition member (usually the shadow spokesperson) delivers the main Opposition speech in response. Government and independent or non‑government members then usually speak in turn. The list of proposed speakers for the second reading debate is drawn up by the Whips; the total time for the debate is not restricted by the standing orders. The minister taking the bill through the chamber is not always present during the second reading speeches; duty ministers may be present at this stage. However, the responsible minister would usually be in the chamber at the conclusion of the second reading speeches in time to sum up and respond as appropriate to any comments or issues raised during the debate. Departmental advisers may need to quickly draft clear, hand‑written points where necessary, to assist the minister in the summing up speech. 

12.29 A non-government or independent member may move a second reading amendment to the bill during debate on the question ‘That the bill be now read a second time’. Any such proposed amendment is dealt with following the conclusion of debate. Such an amendment generally relates to the principles of the bill, but not the text of the bill.

12.30 At the end of the second reading stage, a decision is taken on the question ‘That this bill be now read a second time’ and on any amendments moved to that question. If this is agreed to, the Clerk stands and reads out the long title of the bill. By its decision at this stage, the House has agreed to the bill in principle.

Cognate debate

12.31 When there are two or more related bills before the House, if no member objects, a cognate second reading debate may take place, during which the bills are debated together. Essentially, a cognate debate allows members to address all measures in a package of bills while technically engaged in the second reading debate on the main bill. On the conclusion of the debate, separate questions are put as required on each of the bills. The cognate debate process is useful in saving valuable government business time in the House. As the bills are presented (introduced) separately before the cognate debate, separate second reading speeches and explanatory memoranda are required for the respective bills, but the second reading speeches for bills other than the principal bill may be very brief. In some cases, related bills may have a single explanatory memorandum—see paragraph 7.44.

Consideration in detail

12.32 The purpose of the consideration in detail stage is to consider the text of a bill in detail and to enable amendments to the bill to be proposed. However, if there are no proposed amendments and if all members agree, the House may dispense with this stage and proceed immediately to the third reading (see paragraph 12.41).

12.33 During consideration in detail, clauses and schedules of the bill may be taken in their numerical order according to the standing and sessional orders, and, if no member objects, a number of clauses may be taken together. However, common practice in the House is for members to agree to consider the bill as a whole.

12.34 Amendments may be moved during the consideration in detail stage in the order in which the clauses affected occur in the bill. The amendments may, by leave, be moved together. Amendments are generally circulated before the debate begins. Copies of circulated amendments, both government and independent or non‑government, are available in the tray on the advisers’ box in the chamber. The Table Office prepares a procedure sheet for the minister and members moving amendments. These sheets are used as the guide to working through the proposed amendments. Departmental advisers are to ensure they have the latest copy of the procedure sheet. The text of circulated amendments can also be accessed at a bill’s homepage available on the Parliament House website.

Government amendments

12.35 If government amendments are to be moved, the minister must have available a copy of the accompanying supplementary explanatory memorandum, signed beforehand on the cover, for presentation in the chamber at the time of moving the amendments in the consideration in detail stage (see Chapter 9 Amendments during Passage of a Bill and Supplementary Support Material). 

12.36 When moving the amendments, the minister is expected to explain briefly their purpose and scope. The department must therefore ensure that the minister has a clause-by-clause briefing and brief speech notes on all amendments. The briefing and speech notes are to be presented in such a way that they could quickly be reorganised if necessary. Departmental advisers also need to be prepared for amendments to be considered in detail as per the procedure sheet and also either individually, or in batches, or taken as a whole.

12.37 Departmental advisers could also encourage the minister’s office to establish the position of the independent or non-government members on each amendment.

Amendments moved by independent or non-government members

12.38 Departmental advisers will need to obtain copies of any circulated proposed amendments by independent or non‑government members through their minister’s office in advance of the debate so the minister can be advised of the impact of the proposed amendments and a response recommended. Non‑government or independent amendments are also available on the relevant bill’s homepage on the Parliament House website once they are released for circulation. The Prime Minister’s agreement must be sought if the minister proposes to accept the amendments (see paragraph 3.27). Party Committee clearance for the amendments must also be sought. Where amendments are circulated in advance of the debate, the minister will need notes for use in the chamber.

12.39 Ideally, departments will seek OPC’s advice on the wording of any independent or non‑government amendments that the minister proposes to accept, to ensure consistency of terminology with the bill or the principal Act and, if the amendments were accepted, on whether any further amendments would be needed to ensure that the legislation works as intended.

Amendments moved on the floor

12.40 Occasionally, amendments are not circulated in advance and are moved on the floor by independent or non‑government members. Departmental advisers must be able to quickly draft clear, hand‑written points where necessary, to assist the minister in responding.

Third reading

12.41 The third reading stage is usually a formality. Although the standing orders provide for the third reading to take place on a future day, in practice the House allows the minister to move the third reading immediately. Debate at this stage is relatively rare and is restricted to the contents of the bill. When the motion has been agreed to, the Clerk again reads out the long title of the bill. This signifies that the bill has passed the House.

Transmission of a bill to the Senate – reprinting the amended bill, explanatory memorandum and second reading speech

12.42 If a bill has not been amended in the House, the Clerk certifies that the bill is ready for presentation to the Senate for its concurrence. A message signed by the Speaker is sent to the Senate transmitting the bill for its concurrence.

12.43 If a bill originating in the House has been amended in the House, it must be reprinted to include the amendments before it can be introduced in the Senate. The reprinting is arranged by officers of the House. Reprinting can take some time if there are extensive amendments. If a bill is amended in a year subsequent to its introduction, the short title of the bill is amended to reflect the current year. The reprint is referred to as the ‘third reading print’. Departments can contact the Table Office immediately after a bill passes the House if they wish to order copies of the third reading print of a bill, or to confirm whether a bill title has been amended. The third reading print is certified by the Clerk and sent to the Senate under cover of a message signed by the Speaker, as per paragraph 13.51.

12.44 It is the responsibility of the department to revise the explanatory memorandum to reflect the amendments incorporated in the third reading print, to clear it through the minister’s office and to arrange for its reprinting (see paragraph 9.27). Departments must alert the House and Senate PLOs to any urgency to ensure that relevant documents are available for resumption of the debate.

12.45 The cover page for the revised explanatory memorandum is to be identical to that used for introduction in the House with the exception that:

1. the words ‘HOUSE OF REPRESENTATIVES’ must be replaced with the word ‘SENATE’;
2. it must be entitled ‘REVISED EXPLANATORY MEMORANDUM’;
3. a statement must be included at the bottom of the page as follows: ‘THIS EXPLANATORY MEMORANDUM TAKES ACCOUNT OF AMENDMENTS MADE BY THE HOUSE OF REPRESENTATIVES TO THE BILL AS INTRODUCED’; and
4. if necessary, it must reflect a change in the bill title.

12.46 As necessary, the department will also need to arrange for the revision, clearance through the minister’s office and reprinting of the second reading speech to reflect the amended bill (see paragraph 9.29).

12.47 Copies of any revised documentation must be delivered to both Table Offices and PLOs before the bill can be introduced in the Senate. The revised documentation must therefore be produced as quickly as possible after the bill has passed the House with amendments.

Bills returned from the Senate with amendments

12.48 If the Senate amends, or requests the amendment of, a House‑initiated bill, it sends a message seeking the House’s agreement to the amendments or requesting the House to make the amendments. Neither the bill nor the explanatory memorandum is reprinted. The House considers only the amendments or requests for amendments and does not reconsider the bill. The procedures for the consideration of Senate amendments are similar to those applying during the consideration in detail stage. The House may agree, amend or disagree to the amendments made or requested by the Senate.

12.49 If the Government disagrees with amendments (as opposed to requests) made by the Senate, the minister must present to the House a written statement of reasons why the House (not the Government) does not agree to the amendments. The PLO can assist departments when preparing the statement. The minister then moves that the reasons be adopted by the House, after which the bill is returned to the Senate by message with a schedule listing the amendments disagreed and the statement of reasons.

Senate-initiated bills

12.50 When a Senate-initiated bill has passed all stages in the Senate, it is transmitted to the House under cover of a message from the Senate. The bill is introduced in the House by the Speaker, who reads the terms of the message to the House. The bill is immediately read a first time. As the bill is introduced by message from the Senate, the responsible minister does not need to present copies of the bill and is not involved in the first reading stage.

12.51 In the case of a bill which has been amended by the Senate, officers of the Senate will arrange for the bill to be reprinted (the third reading print) before transmission to the House. The department arranges the revision, clearance through the minister’s office and reprinting of the explanatory memorandum and, as necessary, the second reading speech. The same arrangements as those set out in paragraphs 13.44 to 13.48 must be followed, except that the cover page of the revised explanatory memorandum will indicate the ‘HOUSE OF REPRESENTATIVES’ rather than the ‘SENATE’ (see also paragraph 9.27).

12.52 Following the first reading in the House, the bill proceeds through the second reading, consideration in detail and third reading in the same manner as a House‑initiated bill. The only difference is that the second reading speech, second reading debate and the remaining stages are usually programed together, and usually take place sooner than in the case of a House‑initiated bill. On occasion, this may occur immediately after introduction. This is because documentation on a Senate‑initiated bill would have been available from the Table Offices from the day of introduction in the Senate or shortly afterwards, thus allowing an opportunity for members to consider the bill before it was received in the House. In the case of a bill which has not been amended in the Senate, the Senate version of the second reading speech and explanatory memorandum may be used for the House proceedings, i.e. there is no need for the department to lodge new versions for the House.

12.53 If the bill is passed by the House without amendment, a message is sent to the Senate informing it that the bill has been agreed to without amendment. If the bill is amended in the House, it is read a third time and then returned to the Senate with a schedule of amendments to which the Senate is asked to agree. Neither the bill nor the explanatory memorandum is reprinted. 

12.54 If the Senate agrees to the amendments, the bill is reprinted by the Senate Table Office, incorporating the amendments, for presentation to the Governor‑General for Royal Assent (see Chapter 14 Procedures after Passage of a Bill). If the Senate does not agree, and the two Houses cannot reach agreement, a bill may be ‘laid aside’ (not further pursued).

The Federation Chamber

12.55 The Federation Chamber is the second chamber of the House of Representatives. It can operate in parallel with the chamber of the House to deal with, among other things, the second reading and consideration in detail of any bills referred to it from the House. As bills can only be referred by agreement, usually only non‑controversial bills can be debated in the Federation Chamber.

12.56 All members of the House are members of the Federation Chamber.

12.57 The Federation Chamber routinely sits on Mondays, and Wednesday and Thursday mornings of a sitting week. It sometimes also sits on Tuesday and Wednesday evenings, in accordance with the House of Representatives Order of Business. The business and sitting times of the Federation Chamber are determined following consultation between the Government and the Opposition.

12.58 The Federation Chamber deals with the second reading and consideration in detail of bills, including any proposed amendments, in the same manner as the House. However, as the Federation Chamber is a subordinate body, any decision it makes on business referred to it must be reported to the House and the final question on the item taken in the House. Decisions of the Federation Chamber are taken on the voices; dissent by one member would result in a question being unresolved. Proceedings on a bill may be continued regardless of unresolved questions, unless the nature of the unresolved question makes this procedurally impossible. Any unresolved question (e.g. a proposed amendment) is reported back to the House for resolution.

12.59 The third reading of a bill takes place in the main chamber of the House.

Presence of departmental advisers in the chamber

12.60 It is customary for one or more departmental advisers to be present in the House or the Federation Chamber during:

1. the second reading debate (as resumed, not the presentation of the second reading speech by the minister); and
2. the consideration in detail stage (see paragraphs 12.32 to 12.40).

12.61 There is only limited seating for officials in the House chamber and the Federation Chamber so the number of advisers will need to be kept to a minimum. The adviser(s) must have sufficient knowledge and authority to provide full support to the minister during debate of bills, without reference back to the department. Departmental officers who wish to attend the debate, but who will not be advising, can view the debate from the public gallery, rather than the advisers’ box.

12.62 In the House, departmental advisers sit in the advisers’ box to the right of the Speaker’s chair on the government side of the chamber. This area is close to the ministerial bench but is separated from and does not form part of the House. In the Federation Chamber, there are two chairs for departmental advisers to the right of the Deputy Speaker’s chair, and adjacent to the Clerk. Under no circumstances may a departmental officer encroach on the floor of the House or the Federation Chamber. Technically, passing notes to or speaking to a minister who is on the floor (i.e. on the front bench) constitutes an encroachment. The minister may seek advice by approaching the departmental adviser. Advice may also be given to the minister by a note conveyed by a chamber attendant. Departmental advisers may not leave or enter the House when the doors are locked for a division requiring a vote on a particular matter. When the Federation Chamber is interrupted or suspended by a division in the House, advisers must remain in the Federation Chamber for resumption of proceedings unless otherwise advised by the PLO.

12.63 Dress standards for advisers are similar to those for members. Advisers are required to wear business attire. Advisers are to limit conversation in the House and in the Federation Chamber to advising the minister. Given advisers are not part of the proceedings of the House, there is no need to acknowledge the Chair by bowing on entering or departing the Chamber.

12.64 Advisers carrying mobile phones must ensure they are switched off or muted before entering the House or the Federation Chamber. Eating or drinking is strictly prohibited in the House or the Federation Chamber.

12.65 Advisers may find it useful to access information electronically during debate as a supplement to briefing folders. Advisers must ensure that the sound is disabled and that use of the electronic equipment does not intrude on proceedings.

12.66 Parliamentary Counsel does not attend debates unless special arrangements are made. These arrangements are only to be made in cases where it is likely that urgent amendments will be required to be drafted during the course of the debate on a bill.

Reports tabled by the Parliamentary Joint Committee on Human Rights

12.67 The Parliamentary Joint Committee on Human Rights reports to the House of Representatives and the Senate on all bills presented to the Parliament. The Committee is a joint statutory committee that was established under the Human Rights (Parliamentary Scrutiny) Act 2011. See paragraph 7.31 for further information on the functions of the Committee.

12.68 A report examining bills and legislative instruments is produced by the Committee and tabled in the House of Representatives and the Senate every joint sitting week. The report notes the Committee’s preliminary findings on bills and legislative instruments. The relevant minister, member or senator is advised if the Committee has concerns about a bill or legislative instrument. Once the minister, member or senator responds to these concerns, the response is included in a subsequent report of the Committee.

12.69 Ministers may respond to the Committee by:

1. proposing government amendments to legislation (see Chapter 9 Amendments during Passage of a Bill and Supplementary Support Material); or
2. writing to the Committee explaining why the bill is in the form it is.