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Title

Ch9 Motions / AMENDMENTS TO MOTIONS / Form and content of amendment / Other restrictions

Database

House Practice

Date

01-05-2005

Source

House of Reps

Parl No.

41

Chapter

Motions

Chapter No.

Chapter 09

Page

307

Section No.

 

System Id

procedural/practcer/chapter09.44.doc


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Ch9 Motions / AMENDMENTS TO MOTIONS / Form and content of amendment / Other restrictions



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House of Representatives                                Ch 9                                                 p 307

 

Motions / AMENDMENTS TO MOTIONS / Form and content of amendment

 

Other restrictions

A Member cannot move an amendment:

  • to his or her own motion 1 unless he or she does so by leave; 2

  • if debate on a question has been closed by the mover speaking in reply; 3

  • if he or she has already spoken to the main question, 4 or the original question and an amendment; 5 or

  • if he or she has seconded the motion (even formally) which he or she proposes to amend. 6

    • It is not in order to move for the omission of all words of a question without the insertion of other words; 7 the initial word ‘That’ at least must be retained. Amendments have been moved to omit all words after ‘That’ 8 without the substitution of other words in their place. On one such amendment being successful, the Speaker agreed with the proposition that the omission of the words was the same as if the motion had been directly negatived and it was so recorded in the Votes and Proceedings. 9 On another occasion, words having been omitted from a motion with a view to inserting other words, and two proposals to insert other words having been negatived, the Speaker drew attention to the fact that what was left of the motion was meaningless. He then said that he presumed the House would not desire him to put the question. The House agreed with this assessment. 10

    Certain matters that cannot be debated except on a substantive motion cannot be raised by way of amend ment, nor can an amendment infringe upon the sub judice rule 11 or the same question rule ( see p. 294).

    An amendment has been ruled out of order on the ground that it:

  • was frivolous; 12

  • was tendered in a spirit of mockery; 13

  • did not comply with an Act of Parliament; 14 or

  • concerned a matter which was the exclusive prerogative of the Speaker. 15

    • An amendment should not be accepted by the Chair if, when considered in the context of the motion proposed to be amended, and with regard to the convenience of other Members, it could be regarded as of undue length. It is not in order for a Member to seek effectively to extend the length of his or her speech by moving a lengthy amendment, without reading it, but relying on the fact that the amendment would be printed in Hansard. 16



    H.R. Deb. (23.9.03) 5437.



    H.R. Deb. (25.8.10) 2088.



    H.R. Deb. (19.10.05) 3814.



    H.R. Deb. (24.7.03) 2609.



    H.R. Deb. (13.4.61) 894.



    H.R. Deb. (5.7.06) 1056.



    May , 23rd edn, p. 401.



    VP 1908/79; VP 1913/204.



    VP 1908/79; H.R. Deb. (10.11.08) 2140. The amendment resulted in the fall of the Deakin Government, see p. 319.



    VP 1908/53-4.



    See Ch. on ‘Control and conduct of debate’.



    H.R. Deb. (26.10.27) 749; H.R. Deb. (26.3.31) 665.



    H.R. Deb. (21.5.14) 1392, 1395; and see VP 1929-31/503.



    VP 1970-72/264. The amendment was to enable a recommendation of the Public Works Committee to be referred to a select committee of the House. The Speaker ruled that the proposed amendment did not comply with the provisions of the Public Works Committee Act.



    VP 1929-31/601-02.



    Private ruling, Speaker Halverson.