Download Word

House of Representatives                                Ch 10                                                 p 352

Moving and second reading speech

Copies of a bill having been made available in th e Chamber, the second reading may be moved immediately after the first reading (the usual practice) or at a later hour. ¹ The arrangements for private Members’ bills provide that after the first reading, the motion for the second reading shall be set down on the Notice Paper for the next sitting. ²

On the infrequent occasions when copies of the bill are not available, leave may be granted for the second reading to be moved immediately, ³ or at a later hour that day. ⁴ If leave is refused, the second reading is set down for the next sitting. ⁵ Alternatively standing orders may be suspended to enable the second reading to be moved immediately. ⁶ It is the practice at the commencement of a new session for a Minister to place a contingent notice of motion on the Notice Paper as follows:

Contingent on any bill being brought in and read a first time : Minister to move—That so much of the standing orders be suspended as would prevent the second reading being made an order of the day for a later hour. ⁷

A motion pursuant to this contingent notice, only once moved in the House to date, ⁸ requires the concurrence of only a simple majority to be effective.

If the second reading is not to be moved immediately or at a later hour, a future sitting is appointed for the second reading, and copies of the bill must then be available. ⁹ The House appoints, on motion moved by the Minister, the day (that is, the next sitting or some later date) for the second reading to be moved. ¹⁰ The motion is open to amendment and debate. An amendment must be in the form to omit ‘the next sitting’ in order to substitute a specific date or day. Debate on the motion or amendment is restricted to the appointment of a day on which the second reading is to be moved, and reference must not be made to the terms of the bill. ¹¹ The second reading is set down as an order of the day on the Notice Paper for the next sitting or a specific date. ¹²

During the 37th Parliament the House adopted the practice of having bills presented together with explanatory memorandums, with the second reading not being moved immediately following the first reading but being made an order of the day for the next sitting. When the order was called on on a later day, the Minister moved the second reading, delivered his or her second reading speech, and further debate followed immediately. This practice was discontinued on the recommendation of the Procedure Committee, which felt that it helped Members to have the terms of the Minister’s second reading speech available when preparing their own speeches. ¹³

There may be reasons, other than the unavailability of printed copies of the bill, for the second reading to be set down for a future day. The Government may want to make public the terms of proposed legislation, with a view to enabling Members to formulate their position over a period in advance of the Minister’s second reading speech and the second reading debate. ¹⁴

The common practice, however, is for the second reading to be moved immediately after the bill has been read a first time. The terms of the motion for the second reading are ‘That this bill be now read a second time’ ¹⁵ and in speaking to this motion the Minister makes the second reading speech, explaining, inter alia, the purpose and general principles and effect of the bill. This speech should be relevant to the contents of the bill. ¹⁶ The time limit for the Minister’s second reading speech (for all bills except the main appropriation bill for the year) is 30 minutes. ¹⁷ A second reading speech plays an important role in the legislative process and its contents may be taken into account by the courts in the interpretation of an Act ( see p. 406). Ministers are expected to deliver a second reading speech even if the speech has already been made in the Senate. It is not accepted practice for such speeches to be incorporated in Hansard. ¹⁸ At the conclusion of his or her speech the Minister presents the bill’s explanatory memorandum, ¹⁹ and sometimes other documents connected to the bill, for example, a government response to a committee report on the bill. ²⁰ Leave is not required for this.

When the second reading has been moved immediately pursuant to S.O. 142(a), it is mandatory ²¹ for debate to be adjourned after the Minister’s speech, normally on a formal motion of a member of the opposition executive. This motion cannot be amended or debated, ²² and as adjournment is compulsory, no vote is taken. ²³ A further question is then put ‘That the resumption of the debate be made an order of the day for the next sitting’. This question is open to amendment and debate, although neither is usual. An amendment must be in the form to omit ‘the next sitting’ in order to substitute a specific day or date, for example, ‘Tuesday next’ ²⁴ or ‘11 December 1989’. ²⁵ Debate on the question or amendment is restricted to the appointment of the day on which debate on the second reading is to be resumed and reference must not be made to the terms of the bill.

S.O. 142(a).

S.O. 41(d), 142(a).

VP 1968-69/583 (copies of the National Health Bill 1969 not available for distribution).

VP 1950-51/151.

VP 1956-57/49.

Either without notice, VP 1951-53/443; or pursuant to contingent notice, VP 1956-57/109.

First given regularly, NP 27 (9.5.56) 138.

VP 1985-87/1071; H.R. Deb. (20.8.86) 288 (moved after the second reading speech).

S.O. 142(b).

VP 1956-57/50.

H.R. Deb. (9.6.03) 587.

NP 46 (11.2.75) 5085.

PP 108 (1995), pp. 3-4.

H.R. Deb. (12.2.75) 134.

S.O. 142(a).

The Deputy Speaker explained to a Minister whose second reading speech was ranging beyond the contents of a bill 

that a certain latitude was allowed during a second reading speech. However, when the second reading debate occurred 

it would be difficult for the Chair to rule against speeches made in reply to the subjects raised by the Minister, 

H.R. Deb. (22.2.72) 38-41.

S.O. 1.

For an exception to this rule see H.R. Deb. (27.8.80) 804-13. This instance preceded the comprehensive position set down by Speakers Snedden and Jenkins on the incorporation of material in Hansard (H.R. Deb. (21.10.82) 2339-40; (10.5.83) 341-2. On one occasion, instead of a second reading speech being made in the normal manner Members were referred to the Senate Hansard (H.R. Deb. (30.11.95) 4447), and on another a brief summary of the provisions was given and Members then referred to the Senate Hansard (H.R. Deb. (12.11.92) 3359). On one occasion, by leave, a Minister tabled the second reading speech to a Senate bill without reading it, VP 1996-98/1824-5, H.R. Deb. (27.6.97) 6623. When a bill was withdrawn and replaced, a copy of the second reading speech on the first bill was incorporated for the second bill, VP 2002-04/100, H.R. Deb. (13.3.2002) 1139-42.

S.O. 142(c).

VP 1987/1608; VP 2002-04/1533. Examples of other papers tabled at this time include VP 1998-2001/695 (regulation impact statement), 1135 (proposed amendments to guidelines and code), 2406 (draft protocol), 2583 (report of a review of the principal Act); VP 2002-04/1297-8 (brief).

The mandatory requirement is a provision which ensures that the House will have some time to study the bill before it is proceeded with. This provision does not apply to a second reading moved pursuant to contingent notice, as standing orders have been suspended.

S.O.s 78, 79.

VP 1968-69/117.

VP 1970-72/596-8.

VP 1978-80/1473. But see VP 2002-04/175—‘resumption of the debate not occur until the House has had the opportunity to consider the following motion:  . . . [condemning the Government]’.