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Chapter 20 Bills: 115 Committal



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CHAPTER 20

BILLS

115 Committal

(1) After the second reading, a bill shall be considered in a committee of the whole immediately, unless:

(a) the bill is referred to a standing or select committee; or

(b) no senator has:

(i) circulated in the Senate a proposed amendment or request for amendment of the bill, or

(ii) required in debate or by notification to the chair that the bill be considered in committee of the whole.

(2) After a bill has been read a second time a motion may be moved:

(a) without notice for referring the bill to a committee;

(b) on notice for an instruction to the committee of the whole.

(3) The further consideration of a bill referred to a standing or select committee shall be an order of the day for:

(a) where a day is fixed for the report of the committee, that day; or

(b) where no day is fixed for the report of the committee, the sitting day next occurring after the day on which the committee reports on the bill.

(4) (a) Where proposed expenditure has been considered and reported on by a legislative and general purpose standing committee, an appropriation bill authorising that proposed expenditure shall not be considered in committee of the whole, unless, prior to the further consideration of the bill subsequent to the second reading, a senator has circulated in the Senate a proposed amendment or request for amendment of the bill.

(b) Where an appropriation bill is considered in committee of the whole in accordance with this paragraph:

(i) the only questions put by the chair shall be:

( a ) that any amendment or request for amendment moved to the bill be agreed to, and

( b ) that the bill be reported with any amendment or request for amendment agreed to by the committee; and

(ii) debate shall be confined to the purpose of any amendment or request for amendment moved to the bill.

(c) At any stage of the consideration of an appropriation bill, other than in committee of the whole, an amendment, other than an amendment or a request for an amendment to the bill, arising from a recommendation of a legislative and general purpose standing committee, may be moved to the question before the chair.

(5) When the order of the day relating to a bill which is the subject of a committee report pursuant to standing order 24A is called on, the following procedures shall apply:

(a) A motion may be moved without notice that the report of the committee be adopted (if the committee has recommended amendments to the bill, this motion shall have the effect of amending the bill accordingly, but may not be moved if other proposed amendments to the bill have been circulated in the Senate by a senator).

(b) If a motion under subparagraph (a) is moved, following the disposal of that motion a motion may be moved by a minister, or, in respect of a bill introduced into either House of the Parliament other than by a minister, by the senator in charge of the bill, that consideration of the bill be an order of the day for a future day, or that the bill not be further proceeded with.

(c) If no motion under subparagraph (a) or (b) is agreed to, a motion may be moved without notice that the bill again be referred to the committee for reconsideration, provided that such motion:

(i) indicates the matters which the committee is to reconsider, and

(ii) fixes the day for the further report of the committee,

and if such motion is agreed to the bill shall stand referred to the committee, and the further consideration of the bill shall be an order of the day for the day fixed for the further report of the committee.

(d) If no motion under subparagraph (b) or (c) is agreed to, consideration of the bill shall be resumed at the stage at which it was referred to the committee, provided that, if the consideration of the bill in committee of the whole has been concluded and the committee has recommended amendments to the bill or requests for amendments, the bill shall again be considered in committee of the whole.

(6) On a motion on notice and a motion under this standing order to refer a bill to a committee, and on an amendment for that purpose to a question in respect of any stage in the passage of a bill after its second reading, a senator shall not speak for more than 5 minutes, and at the expiration of 30 minutes, if the debate be not sooner concluded, the President shall put the question on the motion and any amendments before the chair, but if a senator wishes to move a further amendment at that time, that amendment may be moved and shall be determined without debate.

(amended 14 October 1991, 13 February 1997, 3 December 2003, 14 August 2006: with effect from 11 September 2006)