Introduction

13.1 This chapter provides an overview of the stages of consideration of a bill by the Senate. Where the procedures are the same as those of the House of Representatives, a cross‑reference to the previous chapter is provided.

13.2 Where a procedure in this chapter refers to action in the Senate by the minister, as a matter of routine, many of these procedures are undertaken by the duty minister.

13.3 As with the previous chapter on House of Representatives procedure, this chapter deals only with normal Senate procedures. In particular, the descriptions below are based on the expeditious procedures now usually used in the Senate, rather than the traditional, ‘deliberative’ procedures. Under the expeditious procedures, a motion may be moved ‘That this bill (or these bills) may proceed without formalities’ (Senate standing order 113). If this motion is agreed, it has the effect of suspending the requirements, otherwise imposed by the standing orders, for stages of the bill or bills to take place on different days, for notice of motions for such stages, and for the printing and certification of the bill or bills during passage. Further details may be found in the Senate Standing Orders and Other Orders of the Senate and Odgers’ Australian Senate Practice. 

Senate-initiated bills

Preparation for introduction

13.4 The arrangements set out at paragraphs 12.2 to 12.5 for the printing of bills for introduction are substantially the same in the Senate as in the House.

Notice of motion to introduce a bill

13.5 All bills originating in the Senate are introduced after a notice of motion is given. Written 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 and lodged with the Table Office as notices of motion on the sitting day prior to introduction. Alternatively, the minister reads out the notice at the appropriate time during the business of the chamber. The notice will appear on the Notice Paper for the following day as a government business notice of motion and on the Senate’s Order of Business.

13.6 A bill cannot be introduced until the Table Office receives the required copies of the bill from OPC and the explanatory memorandum and second reading speech from the department. If these are not provided in a timely way, introduction of the bill may be delayed.

Minister’s papers for presenting a bill

13.7 The Senate Table Office prepares a folder for the minister containing:

1. the procedures and wording to be used in presenting the bill;
2. two copies of the bill to be signed by the minister and handed to the Clerk;
3. the explanatory memorandum which the minister tables; and
4. a copy of the second reading speech.

Presenting (introducing) a bill

13.8 At the appropriate time in the Senate’s program on the day of introduction, usually at ‘Discovery of Formal Business’, the minister will present the bill, using the procedural wording provided by the Table Office. A bill need not be presented by the minister who gave notice; it may be presented by the duty minister.

13.9 When the motion to introduce a bill is agreed to, the minister hands two signed copies of the bill to the Clerk.

First reading

13.10 After presenting the bill, the minister moves that the bill be taken without formalities and be read a first time. This motion is normally put without amendment or debate. Once the motion is agreed to, the Clerk reads out the long title of the bill—this is the first reading of the bill. Copies of the bill and the explanatory memorandum, which have been held under embargo, are then made available to senators and published on the Parliament House website.

Second reading speech and adjournment of debate

13.11 After the bill has been read a first time, the minister tables the explanatory memorandum and moves that the bill be read a second time, again using the wording provided by the Table Office. While a minister may choose to read out the second reading speech, the usual practice is for the minister to seek leave to have the speech incorporated in Hansard. (The second reading speech prepared for the Senate therefore must not include any reference to moving the second reading or tabling the explanatory memorandum—see paragraphs 7.53 to 7.54.)

13.12 At this point, the usual practice is for the minister to move to adjourn the debate. If that motion is agreed to, the resumption of the debate is set down as a government business order of the day on the Notice Paper. This procedure is subject, however, to the Senate standing order 111. That order requires that where a bill:

1. is first introduced in the Senate in a sitting period; or
2. is received from the House of Representatives and was first introduced in the House in the same sitting period; or
3. is received from the House of Representatives after the expiration of two‑thirds of the total number of Senate sittings days for that sitting period; the second reading debate is automatically adjourned and resumption of the debate is an order of the day for the first sitting day in the next sitting period.

13.13 If the Government desires an exemption from the above order (i.e. to allow debate of a bill during the same sitting period, or to allow debate of a bill received in the Senate from the House of Representatives after two‑thirds of a Senate sitting period), it must give reasons to justify the exemption and the Senate must agree to a motion for the exemption. To facilitate the Senate’s consideration of such a motion, the minister tables, at the time of giving notice of the motion for the exemption, a statement of reasons setting out the reasons for the urgency of the bill. It is the responsibility of the department to prepare such a statement, have it cleared by a sufficiently senior officer who is familiar with the bill, submit it to the minister for clearance and provide a copy to the Legislation Section (see paragraphs 2.40 to 2.48).

Preparation for second reading debate and committee of the whole

13.14 The PLO programs bills for second reading debate in consultation with the leader and the manager of the Senate. Departments, ministers’ offices, party whips and independent or non‑government senators may also be consulted.

13.15 Only urgent bills (i.e. category T bills), for which an exemption has been agreed to by the Senate, are considered in the sitting period in which they are introduced. Bills which are not granted an exemption, or for which no exemption is sought, are listed for debate in the next sitting period.

13.16 It is the responsibility of the instructing department to alert the PLO as early as possible to any urgency or other factor which may affect the timing for resumption of the second reading debate. These factors must be indicated on the Legislation Overview (see paragraphs 8.7 to 8.10).

13.17 If government amendments are to be moved to a bill, follow the requirements set out in Chapter 9 Amendments during Passage of a Bill and Supplementary Support Material. OPC provides the required number of copies of the amendments to the Senate Table Office. Departments must provide the required number of copies of the related supplementary explanatory memorandum to the Table Office and PLO prior to the amendments being approved for circulation. This is to ensure that the amendments and accompanying supplementary explanatory memorandum are circulated to senators at the same time to give senators sufficient time to consider the amendments before they are moved in the chamber. It is customary to circulate government amendments at the earliest possible opportunity. To this end, the Table Office seeks authority in writing from the minister (or the minister representing) to circulate the amendments and advice as to whether the amendments are to be circulated as amendments or as requests (see paragraphs 9.13 to 9.16). The amendments and any related supplementary explanatory memorandum remain under embargo until that authority is received.

13.18 The moving of government amendments may delay passage of, and assent to, a bill originating in the Senate, as it may for a bill originating in the House (see paragraphs 9.1 to 9.7 and 12.24 for further discussion of the issues involved). 

13.19 Although generally there will be a reasonable period of time between the introduction of a bill and resumption of the second reading debate, government priorities can change quickly and the independent or non‑government senators may agree to debate the bill and, if required, exempt the bill from the requirements of Senate standing order 111 (see paragraph 13.13). Thus, as soon as a bill is introduced in the Senate, the department and the minister must be prepared for the possible resumption of the second reading debate at short notice.

13.20 In consultation with the relevant minister’s office, departments must ensure that the minister taking a bill through the Senate is fully briefed prior to the second reading debate, and is supported by departmental advisers during the debate on the bill. The responsible Senate minister may not be available to take the bill through the Senate and would be represented by another minister. Depending on their familiarity with the bill, the representing minister may need to rely 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 familiar with the subject matter.

13.21 Departmental advisers are to be present in the chamber during the second reading debate and the committee of the whole 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 Senate chamber.

Resumption of the second reading debate

13.22 The procedures are generally the same as the procedures in the House (see paragraphs 12.28 to 12.30), with the exceptions of the form and consequences of certain second reading amendments.

Bills taken together

13.23 It is common practice in the Senate for related bills to be introduced together as a ‘package’ and considered as a single item of business. When bills are taken together, only one question is put in relation to the bills at the conclusion of each procedural stage. However, any senator may ask that the question be divided in respect of any or all of the bills in a ‘package’. If so, the question(s) on that bill or those bills will be put separately.

Non-controversial bill, Thursday lunchtime

13.24 Senate standing orders provide that from 12:45 pm to 2:00 pm on sitting Thursdays, non-controversial government business will be considered. In practice, the Senate PLO and office of the Manager of Government Business will liaise with independent or non-government member or senators to seek agreement to bills being dealt with as non-controversial business where all parties support the bill.

13.25 If the department or the relevant minister considers that a bill is non‑controversial and may be able to be programed in this time slot, inform the Senate PLO, who will include the bill in the next available list of proposed bills. The minister’s office is responsible for offering briefings, etc. to all the independent or non‑government members or senators to gain their agreement to programming at this time. Bills can only be considered in this time slot with the agreement of all the parties and all the independents. The Managers of Government and Opposition Business in the Senate, the minor parties and independent senators will then determine which bills will be programed in this time slot on a particular day.

13.26 The Senate PLO will advise departments and ministerial offices if their bill will be dealt with as non-controversial business and provide advice on the preparation of briefing material. In consultation with the responsible minister’s office, departments must ensure that the minister taking a bill through the Senate (usually the duty minister) is fully briefed prior to the second reading debate, and is supported by departmental advisers during the debate on the bill.

Selection of Bills Committee and referral of bills

13.27 The Selection of Bills Committee (SoBC) is appointed pursuant to Senate standing order 24A. All bills introduced into the Parliament (except those which contain no provisions other than provisions appropriating revenue or moneys) are considered by the committee. The SoBC recommends to the Senate whether a bill is to be referred to a committee and the reporting date. A bill may be referred at any stage before it is read a third time. If a bill has not yet been received from the House of Representatives, its provisions may be referred, rather than the bill itself, even before the bill has been scheduled for debate in the House of Representatives. To have effect, the SoBC’s recommendations must be adopted by the Senate.

13.28 Bills may be referred to a committee by way of amendment to the motion that the bill be read a second time, on a motion moved without notice after the bill has been read a second time or by motion after notice. Where the Government wishes to initiate reference of a bill, the Senate PLO must be consulted about the process.

13.29 Committees have a range of powers to conduct inquiries into legislation that is referred. They may hold public or private hearings to take evidence and seek information from ministers and their departments. If a 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 information to progress preparation of amendments when required (see Chapter 9 Amendments during Passage of a Bill and Supplementary Support Material). If a bill has been referred to a committee, it will not be programed for Senate debate until the committee has reported. 

13.30 The SoBC will also consider, and can refer, a private member’s or senator’s bill for inquiry and report. Departments with policy responsibility for the matters raised in the bill need to be aware that officials may be asked to make a submission to an inquiry and/or appear before the committee.

Committee of the whole stage

13.31 After the second reading of a bill is agreed to, the Senate forms itself immediately into a committee of the whole (unless debate is adjourned) for the detailed consideration of the bill and any amendments circulated to the bill.

13.32 If no amendments are circulated to a bill and no senator requires a bill to be considered in the committee of the whole, the minister will move ‘That this bill be now read a third time’. If amendments are circulated, the committee of the whole usually considers the bill as a whole, by leave. Amendments may then be moved to any part of the bill. This is the usual procedure, particularly when dealing with numerous amendments.

13.33 Alternatively, the committee of the whole may agree to consider a bill clause by clause. In such instances, any proposed amendments are moved and considered in the order in which the affected clauses occur in the bill. Clauses or items may be considered together, by leave, and amendments may be moved together, by leave, whether the bill is taken as a whole or considered clause by clause. Amendments are generally circulated before the committee of the whole stage begins. The PLO will provide a copy of the circulated amendments to LLOs, DLOs and relevant ministers’ offices. Copies of all circulated amendments are also available in the tray on the advisers’ box in the chamber. The text of circulated amendments can also be accessed at a bill’s homepage available on the Parliament House website.

13.34 A running sheet is prepared by the Table Office when amendments are circulated by more than one political party. The running sheet is circulated to all senators in the chamber and is also available in the tray on the advisers’ box. The PLO will provide a copy of the running sheet to LLOs, DLOs and relevant ministers’ offices. The running sheet is used as a guide to working through the proposed amendments. Departmental advisers are to ensure they have the latest copy of the running sheet. Running sheets can also be accessed via the Dynamic Red on the Parliament House website.

Government amendments

13.35 If government amendments are to be moved, the relevant department is required to prepare a supplementary explanatory memorandum and provide copies to the Legislation Section, the Table Office and the Senate PLO (see paragraphs 9.17 to 9.21 and 13.17). The Table Office prepares the procedures and wording to be used by the minister when tabling the supplementary explanatory memorandum. This usually occurs at the beginning of the committee stage before the minister moves the Government’s amendments.

13.36 When moving amendments, the minister will need to explain their purpose and scope. The department must ensure that the minister (or minister representing) has brief speaking points on all amendments. The briefing and speaking points 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 running sheet (where one is used) and also either individually, or in batches, or taken as a whole.

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

Amendments moved by independent or non-government senators

13.38 The Senate PLO will distribute amendments proposed by independent or non‑government senators to relevant LLOs, DLOs and ministers’ offices. The department must ensure the minister (or minister representing) has a response and brief speaking points on all proposed amendments. Ministers must seek the Prime Minister’s agreement and Party Committee clearance to accept independent or non‑government amendments (see paragraph 3.27).

13.39 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

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

Adoption of the committee report

13.41 When the committee of the whole has completed considering the bill, the question is put ‘That this bill (or this bill as amended) be reported’. If this question is agreed to, the President resumes the chair and the Chairman of Committees reports the resolution of the committee, namely ‘That the committee has considered the bill and has agreed to it with (or without) amendments’. The minister then moves ‘That the report of the committee be adopted’.

Third reading

13.42 When the report from the committee of the whole has been adopted, the minister moves ‘That this bill be now read a third time’. Although the third reading stage is usually a formality, the motion for the third reading may be debated. If the motion is agreed to, the Clerk again reads out the long title of the bill. No further questions can be put on the bill. If the Senate has requested that a bill be amended in the House, the bill is not read a third time until the House has made the requested amendment and transmitted a message back to the Senate.

Transmission to the House of Representatives

13.43 When a bill originating in the Senate has been passed by the Senate unamended, the Clerk certifies that the bill is ready for presentation to the House of Representatives for its concurrence. A message signed by the President is sent to the House of Representatives transmitting the bill for the concurrence of that House. 

13.44 If a bill originating in the Senate is amended in the Senate, it must be reprinted to incorporate the amendments agreed to before it can be introduced in the House. The Senate Table Office will arrange for the reprinting of the bill; the reprint is referred to as the third reading print. 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. Departments can contact the Table Office immediately after a bill passes the Senate if they wish to obtain the third reading print of a bill, or to confirm whether a bill title has been amended.

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

13.46 The cover page for the revised explanatory memorandum is to be identical to that used for the initial introduction in the Senate with the following exceptions:

1. the word ‘SENATE’ must be replaced with the words ‘HOUSE OF REPRESENTATIVES’;
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 SENATE TO THE BILL AS INTRODUCED’; and
4. if necessary, it must reflect a change in the bill title (see paragraph 13.44)

13.47 If 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).

13.48 The Senate Table Office will arrange for the required copies of the third reading print to be provided to the House of Representatives Table Office. The department must arrange for the delivery to the House and Senate Table Offices and the House PLO of any revised explanatory memorandum or second reading speech. 

Bills returned from the House of Representatives with amendments

13.49 If the House amends a Senate‑initiated bill, it sends a message seeking the Senate’s agreement to the amendments. The House also sends a schedule of the amendments to which it has agreed, listed in the order in which they would occur in the bill. The bill itself is not reprinted, nor is the explanatory memorandum. However, copies of any supplementary explanatory memorandum prepared for the House must be supplied to the Senate Table Office for distribution to senators to provide them with an explanation of the amendments at the same time as they are provided to the House.

13.50 When considering the message from the House, the Senate may consider only the amendments made by the House and matters relevant to those amendments, unless standing orders are suspended. The Senate may:

1. agree to the House amendments;
2. not agree to the House amendments;
3. agree to the House amendments with amendments;
4. postpone consideration of the House amendments; or
5. order the bill to be laid aside (not pursued).

House-initiated bills

13.51 When a bill originating in the House has passed all stages in the House, it is certified by the Clerk of the House and transmitted to the Senate under cover of a message, signed by the Speaker, requesting the Senate’s concurrence.

13.52 If the bill is unamended, it can be transmitted immediately to the Senate. If the bill has been amended, it must be reprinted and the explanatory memorandum revised (see paragraphs 12.43 to 12.47 for further information). In the latter case, the bill cannot be introduced into the Senate or programed for debate until the requisite copies of the third reading print of the bill, revised explanatory memorandum and Senate version of the second reading speech are received in the Senate Table Office. Departments must ensure that the revised explanatory memorandum and second reading speeches are cleared through the minister’s office and provided to the Senate Table Office as soon as possible. The Senate PLO and Senate Legislation Officer in the Senate Table Office must be advised of any delays.

13.53 No motion is required in order to introduce a House-initiated bill in the Senate; the President reports the message received from the House. The minister (or minister representing or duty minister) then rises and, using the procedures and wording provided by the Senate Table Office, moves that the bill proceed without formalities and be read a first time. Related bills may be introduced and considered together (see paragraph 13.23).

13.54 Although the motion for the first reading is not usually debated, in the case of bills that appropriate revenue or moneys or impose taxation, the motion may be adjourned and the debate resumed at a later time. When the debate is resumed, any matter may be discussed.

13.55 In either case, after the bill has been read a first time, the minister moves the second reading and seeks leave to have the second reading speech incorporated in Hansard. If the bill was not amended in the House, there is no need to table the explanatory memorandum in the Senate which was tabled in the House. If the bill was amended in the House, the revised explanatory memorandum is tabled at this point. The procedures for the second reading stage of bills originating in the House are the same as those used for Senate bills (see paragraphs 13.11 to 13.21 for more detailed information).

13.56 House‑initiated bills may be referred to a Senate standing or select committee for inquiry and report (see paragraphs 13.27 to 13.30 for further information).

13.57 If a bill is an amendable bill, the committee of the whole stage is the same as for Senate-initiated bills (see paragraphs 13.31 to 13.34).

13.58 Where a bill cannot be amended by the Senate (i.e. it is a non-amendable bill under section 53 of the Constitution), requests for amendments may be moved during the committee stage (see paragraphs 9.13 and 11.12). After the report from the committee of the whole (which takes the form ‘That the Committee has agreed to the bill (as amended), subject to requests’) is adopted, a message is sent to the House, requesting the House to make the amendments. The bill is not read a third time by the Senate until the House and the Senate have finished dealing with the requested amendments. Passage of a bill will be delayed for a longer period if any amendments are moved as requests.

13.59 If there are no requests for amendments circulated for a bill and no senator requires a bill to be considered in the committee of the whole, the minister will move ‘That this bill be now read a third time’. Once this motion is agreed to, the bill is returned to the House. 

Presence of departmental advisers

13.60 Similar rules apply as in the House (see paragraphs 12.60 to 12.66).

Reports tabled by the Senate Standing Committee for the Scrutiny of Bills

13.61 The Senate Standing Committee for the Scrutiny of Bills reports to the Senate on all bills presented to the Parliament, pursuant to its terms of reference (see paragraphs 7.27 to 7.29).

13.62 A Scrutiny Digest is produced by the Committee and tabled in the Senate every sitting Wednesday. The Digest notes the Committee’s preliminary findings on bills. The Digest invites any senator to draw matters to the attention of the Committee under its terms of reference. The views of members of the public are also welcomed. The Committee advises the responsible minister of any concerns and seeks a timely response to any issues raised. The minister’s response is included in a subsequent report of the Committee. Such reports are usually tabled every sitting Wednesday. The Committee draws the Senate’s attention to concerns that fall within its terms of reference and can recommend that consideration be given to relevant amendments.

13.63 Ministers may respond to the Committee by:

1. proposing government amendments to bills (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 (in response to preliminary comments in the Digest).

(Also see paragraph 7.29.)

Reports tabled by the Parliamentary Joint Committee on Human Rights

13.64 The Parliamentary Joint Committee on Human Rights reports to the House of Representatives and the Senate on all bills presented to the Parliament. See paragraphs 7.31 to 7.37 for a description of the Committee’s functions and processes.

Assistance and advice

13.65 Officers are encouraged to contact the Senate Legislation Officer in the Senate Table Office to discuss any aspect of a bill for which they have responsibility, prior to its introduction and during its passage through the Senate.