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House of Representatives                                Ch 10                                                 p 348

The application of the same motion rule to bills

The Speaker has the discretionary power under standing order 114(b) to disallow any motion which he or she considers is the same in substance as any question already resolved during the same session. Proceedings on a bill are taken to be ‘resolved’ in this context when a decision has been made on the second reading, and the rule does not prevent identical bills merely being introduced. Sections 57 (double dissolution) and 128 (constitution alteration) of the Constitution, relating to the resolution of disagreements between the Houses, provide for the same bills to be passed a second time after an interval of three months. ¹ These provisions over-ride the standing order. ²

In using his or her discretion in respect of a bill the Speaker would pay regard to the purpose of the rule, which is to prevent obstruction or unnecessary repetition, and the reason for the second bill. Hence, in addition to the cases provided for in the Constitution, a Speaker might not seek to apply the rule to cases arising from Senate disagreement, and in the normal course of events it is only at such times that a bill would be reintroduced in the House and passed a second time. For example, there have been occasions when the Senate has rejected, ³ or delayed the passage of, ⁴ bills transmitted from the House and the House has again passed the bills without waiting the three months period. In one case the standing order providing for the same motion rule was suspended, ⁵ although in view of the Speaker’s discretion in this matter the suspension may not have been necessary. It is also possible that a bill could seek to reintroduce provisions of a bill previously passed by the House but subsequently deleted from the bill by Senate amendment. ⁶

Although there is no record of a motion on a bill being disallowed under the same question rule, in some circumstances the operation of the rule would be appropriate. In 1982 two identical bills were listed on the Notice Paper as orders of the day, one a private Member’s bill and the other introduced from the Senate. Had either one of the bills been read a second time, or the second reading been negatived, any further consideration of the other bill would have been preventable under the same question rule, but in the event neither bill was proceeded with. ⁷

A number of private Members’ bills which have lapsed pursuant to the provisions of standing order 42 have been put forward again. As no resolution had been reached on the previous occasion, the same motion rule was not applicable. ⁸

In each case, the second time a bill is presented it may in certain circumstances include amendments made or agreed to.

VP 1950-51/189.

Post and Telegraph Rates Bill 1967 [No. 2], VP 1967-68/123. The second bill was not returned from the Senate.

In 1975 the main appropriation bills were passed and sent to the Senate three times. The Senate eventually passed the original bills, VP 1974-75/953-6, 1015-21, 1067-70.

VP 1967-68/123.

Health Legislation Amendment Bill (No. 3) 1982; H.R. Deb. (10.11.82) 2998.

Institute of Freshwater Studies Bills, 1981 and 1982.

E.g. VP 1990-92/1358, 1782.