Sessional Order (551) - Bills - Consideration of Legislative Council bills (adopted 4 April 2012)
Consideration of Legislative Council bills
(adopted 4 April 2012)
That, during the current session, unless otherwise ordered, standing order 229 shall read as follows:
229.
(1) When the message from the Council forwarding a bill for concurrence is reported, the bill shall be introduced and read a first time without motion put.
(2) A message forwarding a private member's public bill or a private bill from the Council cannot be reported until the Speaker is advised which Member of the Assembly will have carriage of the bill. Once reported the bill will be set down as an Order of the Day.
(3) A motion "That this bill be now read a second time" may be moved forthwith or made an Order of the Day for a later time. Except in the case of a private member's bill which can only be moved when it is called on in accordance with the routine of business.
(4) A truncated second reading speech may be given if the bill is received in the same form as introduced into the Council.
(5) Immediately following the mover's second reading speech, the debate may be adjourned or proceeded with forthwith.
(6) If adjourned, the resumption of the debate shall be set down as an Order of the Day for a later time.
(7) The bill shall then be proceeded with in the same manner as a bill originating in the Assembly.
| Related Orders, Precedents and Rulings |
| Standing Order 229 | Procedure in the Assembly for Council bills 229. When the message from the Council forwarding a bill for concurrence is reported, the bill shall be introduced without motion put. A message forwarding a private member's public bill or a private bill from the Council cannot be reported until the Speaker is advised which Member of the Assembly will have carriage of the bill. A motion "That this bill be now agreed to in principle" may be moved forthwith or made an Order of the Day for a later time. A truncated agreement in principle speech may be given if the bill is received in the same form as introduced into the Council. Immediately following the mover's agreement in principle speech, the debate may be adjourned or proceeded with forthwith. If adjourned, the resumption of the debate shall be set down as an Order of the Day for a later time. The bill shall then be proceeded with in the same manner as a bill originating in the Assembly. amended 3 July 2009 |
| Notes for the Chair | INTRODUCTION OF LEGISLATIVE COUNCIL BILL The Speaker reports the receipt of a bill from the Legislative Council by reading the message that is sent with the bill. The bill is introduced and read a first time without a motion being moved. The Member in charge of the bill moves the motion “That this bill be now read a second time” and gives the second reading speech, or asks the Speaker to set down the second reading speech as an order of the day for a future time. The second reading speech for a Legislative Council bill is usually a truncated speech. This speech simply says the bill was introduced in the Legislative Council, that the bill is in the same form as introduced into the Council, and that the second reading speech appears at a certain page reference. If amendments have been made to the bill during its passage through the Legislative Council, the mover may speak to the new provisions of the bill. After the mover’s speech the debate may be adjourned until a later time or proceeded with forthwith; the five clear day rule does not apply. After the bill is introduced it is dealt with in the same way as an Assembly bill. Council bills may be removed from the Business Paper in accordance with standing order 154 if they are the same in substance as bills already considered by the House. In relation to non-government bills from the Legislative Council, the practice is for the message to be reported to the House following receipt of a letter from the Member in charge of the bill indicating which Legislative Assembly Member will have carriage of the bill. The message can be reported at anytime and the second reading speech is set down as a general business order of the day for bills and is placed on the Business Paper in its relative order. When the bill is called on the Member in charge of the bill will give their second reading speech and in accordance with SO 229(5) debate on the bill can either be adjourned or continued forthwith. INTRODUCTION OF LEGISLATIVE COUNCIL BILL - LOQ FOR THE CHAIR Speaker: “I rep |
| 2012 Precedent | The Speaker advised the House that she had received written authority from Reverend the Hon. Fred Nile advising that the member for Epping would have carriage of the Constitution Amendment (Restoration of Oaths of Allegiance) Bill. PD 14/2/2012, 8122 |
| 2011 Precedent | The Assistant Speaker advised the House that the Speaker had received written authority from Dr John Kaye MLC advising that the member for Balmain would have carriage of the Truth in Labelling (Free-Range Eggs) Bill in the Legislative Assembly. VP 8/11/2011, 437-8 |
| 2010 Precedent | 1. The Speaker reported a message from the Legislative Council forwarding a bill for concurrence. The bill was introduced and the Speaker ordered that the agreement in principle speech stand as an order of the day for a later time. The Speaker informed the House that, as advice had not been received that a member was prepared to take carriage of the bill in the House, all further proceedings on the bill would stand postponed until such advice was received. PD 23/2/2010, 20720; VP 23/2/2010, 1826-1827 |
| 551 Sessional Order | Consideration of Legislative Council bills
(adopted 4 April 2012) That, during the current session, unless otherwise ordered, standing order 229 shall read as follows: 229. (1) When the message from the Council forwarding a bill for concurrence is reported, the bill shall be introduced and read a first time without motion put. (2) A message forwarding a private member's public bill or a private bill from the Council cannot be reported until the Speaker is advised which Member of the Assembly will have carriage of the bill. Once reported the bill will be set down as an Order of the Day. (3) A motion "That this bill be now read a second time" may be moved forthwith or made an Order of the Day for a later time. Except in the case of a private member's bill which can only be moved when it is called on in accordance with the routine of business. (4) A truncated second reading speech may be given if the bill is received in the same form as introduced into the Council. (5) Immediately following the mover's second reading speech, the debate may be adjourned or proceeded with forthwith. (6) If adjourned, the resumption of the debate shall be set down as an Order of the Day for a later time. (7) The bill shall then be proceeded with in the same manner as a bill originating in the Assembly. |
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