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House of Representatives                                Ch 10                                                 p 374

Third reading and final passage

After completion of the consideration in detail stage, or following agreement to the second reading if no detail stage has occurred, the House may grant leave for the motion for the third reading to be moved immediately, or a future sitting may be set for the motion. ¹ The latter option is, however, rarely used in practice in order to minimise unnecessary delay. The procedure for moving the third reading is based on one of the following alternatives, in order of frequency:

I move, pursuant to contingent notice, That so much of the standing orders be suspended as would prevent the motion for the third reading being moved without delay.

This motion is effective if agreed to by a simple majority.

The motion moved on the third reading is ‘That this bill be now read a third time’. ² The motion may be debated, ³ although such debates are not common. The scope of debate is more restricted than at the second reading stage, being limited to the contents of the bill—that is, the matters contained in the clauses and schedules of the bill. It is not in order to re-open or repeat debate on matters discussed on the motion for the second reading or during the detail stage, and it has been held that the debate on the motion for the third reading is limited to the bill as agreed to by the House to that stage. ⁴ Clauses may not be referred to in detail in the third reading debate, ⁵ nor may matters already decided during the detail stage be alluded to. ⁶ The time limits are as for a debate not otherwise provided for—that is, 20 minutes for the mover and 15 minutes for other Members. In practice, the opportunity to speak at this time may be taken by a Member who for some reason has been unable to participate in earlier debate (perhaps because of a guillotine), or, unacceptably, by a Member attempting to continue earlier debate.

A reasoned amendment cannot be moved to the motion for the third reading. ⁷ The only amendment which may be moved to the motion for the third reading is ‘That the word ‘‘now’’ be omitted from, and the words “this day six months” be added to, the question’, which question, if carried, finally disposes of the bill. ⁸ The question proposed by the Chair on the moving (and seconding) of such an amendment is ‘That the word proposed to be omitted stand part of the question’, which, if agreed to, disposes of the amendment. Debate may then continue on the motion for the third reading. If the question on the amendment is negatived, a further question would be proposed ‘That the words proposed be added’ ⁹ which, if agreed to, would be followed by the question ‘That the motion, as amended, be agreed to’. If no Member objects, the question ‘That the amendment be agreed to’ may be put instead of the question ‘That the word proposed to be omitted stand part of the question’. ¹⁰ A third reading amendment is rare and one has never been agreed to by the House.

When the question on the third reading is agreed to, the bill is read a third time by the Clerk reading its long title. ¹¹ At this point the bill has passed the House and no further question may be put. ¹² The bill, as soon as administratively possible, is then transmitted by message to the Senate seeking its concurrence ( see p. 377 ).

S.O. 155(a).

S.O. 155(a).

E.g. VP 1978-80/273; H.R. Deb. (31.5.78) 2886-7;VP 1996-98/264;VP 1998-2001/710. H.R. Deb. (15.5.2002) 2176-80; H.R. Deb. (5.8.2004) 32288-90 (cognate bill) .

H.R. Deb. (7.11.35) 1418.

H.R. Deb. (3.12.18) 8637.

H.R. Deb. (4.5.60) 1381.

The Speaker ruled out of order a proposed amendment ‘That all words after “That” be omitted with a view to inserting the following words in place thereof: “the Bill be postponed for six months in order that a referendum of the Australian people might be taken to determine the acceptability or otherwise of the measure” ’, VP 1951-53/272. An attempt has been made to suspend standing orders to allow a Member to move a reasoned amendment at this stage, VP 1996-98/2839.

S.O. 155(b); VP 1974-75/344 (not carried).

S.O. 122(a).

S.O. 122(b).

The ‘reading’ of the bill by the Clerk has been taken to be a necessary formality, H.R. Deb. (30.10.13) 2789.

S.O. 155(c).