Save Search
    Prev   Next   Return to results listPrint ListEmail Document Link

Title

Ch9 Motions / MOTIONS AGREED TO RESOLUTIONS AND ORDERS OF THE HOUSE / Resolution or vote of the House rescinded or varied

Database

House Practice

Date

01-05-2005

Source

House of Reps

Parl No.

41

Chapter

Motions

Chapter No.

Chapter 09

Page

314

Section No.

 

System Id

procedural/practcer/chapter09.52.doc


Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Previous Fragment    Next Fragment
Ch9 Motions / MOTIONS AGREED TO RESOLUTIONS AND ORDERS OF THE HOUSE / Resolution or vote of the House rescinded or varied



Download WordDownload Word

House of Representatives                                Ch 9                                                 p 314

 

Motions / MOTIONS AGREED TO — RESOLUTIONS AND ORDERS OF THE HOUSE

 

Resolution or vote of the House rescinded or varied

A resolution or other vote of the House may be rescinded during the same session if seven days’ notice is given. If the rescission is to correct irregularities or mistakes one day’s notice is sufficient or the correction may be made at once by leave of the House. 1 This procedure is rarely invoked. May states that the reason motions to rescind a vote or resolution are rare is that the Houses instinctively realise that parliamentary government requires the majority to abide by a decision regularly come to, however unexpected, and that it is unfair to resort to methods, whether direct or indirect, to reverse such a decision. The practice, resulting from this feeling, is essentially a safeguard for the rights of the minority, and a contrary practice is not normally resorted to, unless in the circumstances of a particular case those rights are in no way threatened. 2

For practical convenience the requirement for seven days’ notice for a rescission motion is often avoided by suspending the relevant standing order or by a motion moved by leave, especially when orders of the House are rescinded as a preliminary to making a different order on the same subject. However, the latter course would be strictly against the spirit of the standing order unless the rescission is to correct an irregularity or mistake.

In order that the House may easily make changes to its sessional orders, the strictures of standing order 120 are overcome by using the words ‘‘unless otherwise ordered’’ in the resolution adopting the sessional orders.

The following are cases of the House having rescinded resolutions or orders:

  • all resolutions of the House and committee of the whole from a certain point relating to a particular appropriation bill, to enable a new bill to be introduced (standing orders suspended); 3

  • the third reading of a bill to enable a message from the Governor-General recommending an appropriation to be announced (standing orders suspended); 4

  • to enable the question to be put again on the third reading of a constitution alteration bill (the division bells had not been rung for the required time when the original vote was taken and an absolute majority was not established) (standing orders suspended); 5

  • to enable a division to be taken on a question, the Chair not hearing earlier the call for a division when the question was decided (by leave); 6

  • to enable the second readings of certain bills which had been made orders of the day for the next sitting to be made orders of the day for the current sitting (by leave); 7

  • to enable the consideration of a report of the Committee of Privileges which had been made an order of the day for a particular date to be made an order of the day for the current sitting (by leave); 8

  • to enable the orders of the day on the second readings of certain bills which had been postponed to the next sitting to be made orders of the day for the current sitting (by leave); 9

  • resolution referring a petition to the Committee of Privileges (by leave); 10

  • resolutions regarding reference of work to the Public Works Committee (seven days’ notice 11 and by leave 12 ), including a resolution agreed to during the previous session (on notice); 13

  • the second and third readings of a bill following the realisation that the second reading had not been moved (by leave); 14

  • the committee, report and third reading stages of a bill, following realisation that opposition amendments the Government had not intended to accept had been recorded as having been agreed to (standing orders suspended); 15

  • resolution of earlier session (in force until amended or rescinded) referring certain matters to the Public Accounts Committee (on notice); 16

  • resolution agreeing to Senate amendments to a bill following message from the Senate that an earlier message forwarding the amendments had mistakenly included proposed amendments the Senate had not in fact agreed to (standing orders suspended); 17

  • consideration in detail stage and third reading of bill following realisation that intended amendments had not been moved (standing orders suspended); 18

  • resolution to lay aside a bill (standing orders suspended) in order to permit reconsideration of Senate amendments and the moving of further amendments; 19 and

  • resolution concerning committee membership (by leave). 20

    • The House has on occasion in effect rescinded an order of the House by ordering papers to be printed in substitution for papers previously ordered to be printed, no notice being given of the motions. 21 When the House repeals or amends standing or sessional orders it in effect rescinds or varies previous orders of the House. Apart from amendments to standing or sessional orders the House has varied resolutions of the same session relating to the electoral redistribution of two States, standing orders having first been suspended to allow the motion to be moved. 22



    S.O. 120.



    May , 23rd edn, p. 423.



    VP 1903/181; H.R. Deb. (21.10.03) 6382.



    VP 1945-46/213.



    VP 1974/28-9; H.R. Deb. (6.3.74) 132.



    VP 1974-75/467; H.R. Deb. (19.2.75) 474-5.



    VP 1974-75/105.



    VP 1978-80/147.



    VP 1978-80/1093.



    VP 1978-80/975.



    VP 1976-77/389.



    VP 1974-75/521. VP 2002-04/1748.



    VP 1922/93. Seven days’ notice was not required because it was a resolution of the previous session.



    VP 1985-87/893.



    VP 1987-89/907-9, 925-7.



    VP 1987-89/1055.



    VP 1990-92/1645-54.



    VP 1993-95/1803-4.



    Native Title Amendment Bill 1997 [No.2], VP 1996-98/3202.



    VP 1998-2001/1784.



    VP 1907-08/268; VP 1914-17/571; VP 1920-21/155.



    VP 1968-69/230.