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Message No. 159, 15 November 2002, from the Senate was reported returning the Family and Community Services Legislation Amendment (Australians Working Together and other 2001 Budget Measures) Bill 2002, as divided and incorporating the Senate's amendments, and requesting the
concurrence of the House of Representatives in the action taken by the Senate and in the amendments made by the Senate.

Purported division of Bill by Senate—Statement by Deputy Speaker

The Deputy Speaker made the following statement:

Before the House proceeds with any action in relation to this message I wish to draw the attention of the House to the fact that the Senate has purported to divide the original Bill into two Bills and purported to make certain amendments. The Senate has transmitted one of the proposed Bills to the House, and has not completed its consideration of the second proposed Bill. The Senate has requested the concurrence of the House in the action taken by the Senate, and in amendments made by the Senate.

The House will recall that, on 29 August this year, in relation to the Research Involving Embryos and Human Cloning Bill 2002, I advised the House that there was no constraint upon the house in which a Bill originated considering a proposal to divide a Bill.

I reminded the House that on two occasions since 1995, the Senate had requested the House to consider a proposal to divide a House Bill. The position of the House has been that the division of a Bill in the house in which the Bill did not originate was not desirable.

Also, I understand that there may be grounds for the Senate action in purporting to divide a House Bill being considered to provide the first stage of a failure to pass a Bill for the purposes of section 57 of the Constitution.

On the two previous occasions on which a Senate message purported to divide a Bill originating in the House, the House did not consider the message seeking the concurrence of the House in the Senate action. It rests with the House as to whether it will consider the Senate message on this occasion.

Mr Anthony (Minister for Children and Youth Affairs) moved—That the House:

(1) endorses the statement of the Deputy Speaker concerning the Family and Community Services Legislation Amendment (Australians Working Together and other 2001 Budget Measures) Bill 2002 and Senate message No. 159;

(2) declines to consider Senate message No. 159; and

(3) requests the Senate to reconsider the Family and Community Services Legislation Amendment (Australians Working Together and other 2001 Budget Measures) Bill 2002 as originally transmitted to the Senate by House of Representatives' message No. 77 of 30 May 2002.

Debate ensued.


The House divided (the Deputy Speaker, Mr Adams, in the Chair)—

AYES, 80

Mr AbbottMrs DraperMrs D. M. KellyMr Ruddock
Mr AndersonMr DuttonJackie KellyMr Schultz
Mr K. J. AndrewsMrs ElsonDr KempMr Secker
Mr AnthonyMr EntschMr P. E. KingMr Slipper
Fran BaileyMr FarmerMrs LeyMr A. D. H. Smith
Mr BairdMr Forrest*Mr LindsayMr Somlyay
Mr BaldwinMrs GallusMr LloydDr Southcott
Mr BarresiMs GambaroMr McArthur*Dr Stone
Mr BartlettMrs GashMr I. E. MacfarlaneMr C. P. Thompson
Mr BillsonMr GeorgiouMr McGauranMr Ticehurst
Mrs B. K. BishopMr HaaseMrs MayMr Tollner
Ms J. I. BishopMr HardgraveMrs MoylanMr Truss
Mr BroughMr HartsuykerMr NairnMr Tuckey
Mr CadmanMr HawkerDr NelsonMr M. A. J. Vaile
Mr CameronMr HockeyMr NevilleMrs D. S. Vale
Mr CharlesMrs HullMs PanopoulosMr Wakelin
Mr CioboMr HuntMr PearceDr Washer
Mr CobbMr JohnsonMr ProsserMr Williams
Mr CostelloMr JullMr PyneMr Windsor
Mr DownerMr KatterMr RandallMs Worth

NOES, 60

Mr AlbaneseMr M. J. FergusonMr LathamMr Price
Mr AndrenMr FitzgibbonMs LivermoreMr Quick*
Mr BeazleyMs GeorgeMr McClellandMr Ripoll
Mr BevisMr GibbonsMs J. S. McFarlaneMs Roxon
Ms BurkeMs GillardMs MacklinMr Rudd
Mr ByrneMs GriersonMr McLeayMr Sawford
Ms CorcoranMr GriffinMr McMullanMr Sciacca
Mr CreanMs HallMr MelhamMr Sercombe
Mrs CrosioMr HattonMr MossfieldMr Sidebottom
Mr Danby*Ms HoareMr MurphyMr S. F. Smith
Mr EdwardsMrs IrwinMs O'ByrneMr Snowdon
Ms EllisMs JacksonMr B. P. O'ConnorMr Swan
Mr EmersonMr JenkinsMr G. M. O'ConnorMr Tanner
Mr EvansMr KerrMr OrganMr K. J. Thomson
Mr L. D. T. FergusonMs C. F. KingMs PlibersekMr Wilkie

* Tellers

And so it was resolved in the affirmative.