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Title

Ch10 Legislation / ORDINARY BILL PROCEDURE / Initiation and first reading

Database

House Practice

Date

01-05-2005

Source

House of Reps

Parl No.

41

Chapter

Legislation

Chapter No.

Chapter 10

Page

347

Section No.

 

System Id

procedural/practcer/chapter10.22.doc


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House of Representatives                                Ch 10                                                 p 347

 

Legislation / ORDINARY BILL PROCEDURE

 

Initiation and first » reading

Ordinary bills are usually introduced by notice of intention to present or sometimes by leave. 1 Ordinary bills ‘dealing with taxation’ may be introduced without notice. 2 When the notice of intention to present the bill is called on by the Clerk, the Minister (or Parliamentary Secretary 3 ) in charge of the bill rises and says ‘I present the [short title of bill]’. The Minister then hands a signed 4 copy of the bill to the Clerk. This copy becomes the ‘original’ or ‘model’ copy of the bill.

It is the practice of the House that another Minister may present a bill for a Minister who has given notice. 5 When the notice is called on by the Clerk, the Minister who is to present the bill rises and says ‘On behalf of the . . . , I present the [short title]’. 6

There is no requirement for a Minister (or any Member) introducing a bill to present a printed copy. The standing order requires only that a legible copy signed by the Minister be presented to the House. Nevertheless printed copies are usually available when the bill is introduced.

The Clerk, upon receiving the copy from the Minister and without any question being put, 7 formally reads the bill a « first » time by reading its long title. 8 Once a bill is presented, it must be read a « first » time. 9 The long title of the bill presented must agree with the title used in the notice of intention to present, and every clause of the bill must come within its title. 10 Any bill presented and found to be not prepared according to the standing orders shall be ordered to be withdrawn. 11

Bills have been discharged because:

  • the long title did not agree with the long title given on the notice of presentation; 12

  • several clauses did not come within its long title; 13 and

  • the long title described in the Governor-General’s message recommending appropriation did not agree with the long title. 14

    • A bill is not out of order if it refers to a bill that has not yet been introduced, 15 and a bill may be introduced which proposes to amend a bill not yet passed. 16

    As no question is proposed or put, no debate can take place at the « first » reading stage. However, special provisions apply to the « first » reading of private Member’s bills and the Member presenting the bill may make a statement at this time ( see p. 379).

    Immediately after presentation, the usual practice is that the Minister moves that the bill be read a second time, makes the second reading speech and presents the bill’s explanatory memorandum. Copies of the bill and the explanatory memorandum are made available to Members in the Chamber. A bill is treated as confidential by the staff of the House until it is presented, and no distribution is made until that time. Leave has been given for the presentation of a replacement copy of a bill after it was learnt that there were printing errors in the copy presented originally. 17



    On occasion following suspension of standing orders when leave has been refused, e.g. VP 2002-2004/147-9.



    S.O. 178.



    As in other procedures of the House unless otherwise stated all references to a Minister in the following text can be taken to include a Parliamentary Secretary.



    S.O. 140(a).



    E.g. VP 1998-2001/925.



    A Minister has presented a bill for another Minister to whom leave had been given, VP 1932-34/895. On 8 September 1932 the Prime Minister moved a notice for leave to bring in a bill on behalf of the Minister for Commerce, VP 1932-34/304. When the bill was brought up in May 1933 the Minister for Commerce had resigned from the Ministry, and a third Minister presented the bill, VP 1932-34/665.



    Prior to 1963, under superseded procedures, a question was put on the « first » reading. The question could be decided on division and there is an instance of the « first reading being negatived on division, VP 1940-43/483.



    S.O. 141.



    H.R. Deb. (28.3.73) 809.



    S.O. 140(b); VP 1983-84/904.



    S.O. 138; VP 1985-87/520.



    VP 1983-84/903-4.



    VP 1985-87/520.



    VP 1934-37/306-9. The States Grants (Administration of Controls Reimbursement) Bill 1951 was not introduced as intended on 26 September 1951, as a check indicated that the long title did not agree with the terms of the Administrator’s message. A new message was prepared and the bill introduced on the next day, VP 1951-53/86, 106.



    H.R. Deb. (26.9.24) 4846.



    E.g. the Conciliation and Arbitration Bill (No. 2) 1951, ‘A Bill for an Act to amend the Conciliation and Arbitration Act 1904-1950 , as amended by the Conciliation and Arbitration Act 1951 ’, which was introduced in the House on 14 March 1951 (VP 1950-51/327), when the Conciliation and Arbitration Bill 1951 was with the Senate (passed by the House on 9 March, VP 1950-51/319-20, and introduced in the Senate on 15 March, J 1950-51/226).



    VP 1993-95/2241.