Anthony Albanese (Grayndler, Australian Labor Party, Leader of the House) Share this | Hansard source

to move:

That, unless otherwise ordered, the following standing orders be amended to read as follows:

1     Maximum speaking times (amendments to existing subjects, as follows)

29  Set meeting and adjournment times

(a)

The House shall meet each year in accordance with the program of sittings for that year agreed to by the House, unless otherwise ordered.

(b)

When the House is sitting it shall meet and adjourn at the following times, subject to standing orders 30, 31 and 32:

31  Automatic adjournment of the House

(a)

At the time set for the adjournment to be proposed in standing order 29, column 3 (times of meeting), the Speaker shall propose the question—That the House do now adjourn.

This question shall be open to debate—maximum time for the whole debate shall be 30 minutes—and no amendment may be moved.

(b)

If this question is before the House at the time set for adjournment in standing order 29, column 4 (times of meeting) the Speaker shall interrupt the debate and immediately adjourn the House until the time of its next meeting.

(c)

The following qualifications apply: Division is completed

(i)

If there is a division at the time set for the adjournment to be proposed in standing order 31(a), that division, and any consequent division, shall be completed. Minister may require question to be put

(ii)

If a Minister requires the question to be put immediately it is proposed under paragraph (a), the Speaker must put the question immediately and without debate. Minister may extend debate

(iii)

When the Speaker interrupts the adjournment debate under paragraph (b), a Minister may ask for the debate to be extended by 10 minutes to enable Ministers to speak in reply to matters raised during the debate. After 10 minutes, or if debate concludes earlier, the Speaker shall immediately adjourn the House until the time set for its next meeting. Question negatived

(iv)

If the question is negatived, the House shall resume proceedings from the point of interruption. Unfinished business

(v)

If the business being debated is not disposed of when the adjournment of the House is proposed, the business shall be listed on the Notice Paper for the next sitting.

33  Limit on business

No new business may be taken after 10 pm, unless by order of the House before 10 pm.

34  Order of business

The order of business to be followed by the House is shown in figure 2.

Figure 2. House order of business

35  Priority of business

Government business shall have priority over committee and delegation reports and private Members’ business except on Mondays as provided by standing orders 34 (order of business) and 192 (Main Committee’s order of business).

39  Presentation of reports

(a)

Members may present reports of committees or delegations:

(i)

as recommended by the whips, during the period for committee and delegation reports on Mondays (standing order 34); or

(ii)

at any time when other business is not before the House.

(b)

Members may make statements in relation to these reports:

(i)

during the period for committee and delegation reports on Mondays in the House (standingorder 34); the whips shall recommend time limits for statements, of not more than 10 minutes for each Member; or

(ii)

at any other time, by leave of the House.

(c)

The Member presenting a report may move without notice, a specific motion in relation to the report. Debate on the question shall be adjourned to a future day.

(d)

If, on Mondays, the Speaker presents a report referred to in this standing order, the following steps are deemed to have occurred in respect of the report —a motion to take note of the report, debate on the motion to be adjourned to a later hour and the order of the day to be referred to the Main Committee for further consideration within any parameters adopted by the House on the recommendation of the whips.

40  Resumption of debate on reports

(a)

After presentation of reports on Mondays proceedings may be resumed on motions in relation to committee and delegation reports moved on an earlier day.

(b)

For debate in accordance with paragraph (a) the whips shall recommend:

(i)

the order in which motions are to be considered;

(ii)

time limits for the whole debate; and

(iii)

time limits for each Member speaking, of not more than 10 minutes.

(c)

During the period on Mondays provided by standing order 192, proceedings may be resumed in the Main Committee on motions in relation to committee and delegation reports referred that day or on an earlier day.

41  Private Members’ business

(a)

In the periods set for committee and delegation reports and private Members’ business under standing orders 34 and 192, private Members’ notices and orders of the day shall be considered in the order shown on the Notice Paper. When the time set by standing orders 34 or 192 or recommended by the whips ends, the Speaker shall interrupt proceedings and put the question.

(b)

If

(i)

the whips have recommended that consideration of a matter may continue on a future day;then

(ii)

at the time set for interruption of the item of business or if debate concludes earlier, the Speaker shall interrupt proceedings and the matter shall be listed on the Notice Paper for the next sitting.

Private Members’ bills—priority

(c)

The whips, in making recommendations to the House:

(i)

shall give priority to private Members’ notices of intention to present bills over other notices and orders of the day; and

(ii)

shall set the order in which the bills are to be presented.

First reading

(d)

When each notice is called on by the Clerk, the Member in whose name the notice stands may present the bill, together with an explanatory memorandum (if available), and may speak to the bill for no longer than 5 minutes. The bill shall be then read a first time and the motion for the second reading shall be set down on the Notice Paper for the next sitting.

(e)

If, on Mondays, the Speaker presents a bill for which notice has been given by a private Member, the first reading of the bill is deemed to stand referred to the Main Committee.  When the bill is called on in the Main Committee by the Clerk, the Member sponsoring the bill may present an explanatory memorandum (if available), and may speak to the bill for no longer than 5 minutes. The bill shall be then read a first time and the motion for the second reading shall be set down on the Notice Paper for the next sitting. Second reading

(f)

If the motion for the second reading is agreed to by the House, further consideration of the bill shall be accorded priority over other private Members’ business and the whips may recommend times for consideration of the remaining stages. Alternation of notices

(g)

Subject to paragraph (c)(i), the whips shall provide for the consideration of private Members’ notices to alternate between those of government and non-government Members. Private Members’ motions

(h)

If, on Mondays, the Speaker presents a copy of the terms of a motion for which notice has been given by a private Member, the following steps are deemed to have occurred —the motion is deemed to have been moved and debate on the motion adjourned to a later hour and the order of the day referred to the Main Committee for further consideration in accordance with any parameters adopted by the House on the recommendation of the whips.

41a       Selection of private Members’ and committee business

(a)

For the period for committee and delegation reports and private Members’ business on Mondays, the whips shall recommend the order of consideration of the matters, the times allotted for debate on each item and for each Member speaking, and the matters to be considered in the Main Committee.

(b)

The Chief Government Whip shall report the recommendations of the whips to the House and shall move without notice the motion— That the House adopt the report.

(c)

The Chief Government Whip must report to the House under paragraph (b) in time for the report to be adopted by the House and published on the Notice Paper of the sitting Thursday before the Monday being considered.  The report shall be published in Hansard.

(d)

The House may grant leave for the order of consideration of the matters, and the times allotted for debate on each item and for each Member speaking, set by the House to be varied.

42  Removal of business

The Clerk shall remove from the Notice Paper items of private Members’ business and orders of the day relating to committee and delegation reports which have not been called on for eight consecutive sitting Mondays.

43  Members’ statements on Fridays, to be omitted.

44  Grievance debate, to be omitted.

55  Lack of quorum

(a)

When the attention of the Speaker is drawn to the state of the House and the Speaker observes that a quorum is not present, the Speaker shall count the Members present in accordance with standing order 56.

(b)

On Mondays and Tuesdays, if any Member draws the attention of the Speaker to the state of the House between the hours of 6.30 pm and 8 pm, the Speaker shall announce that he or she will count the House at 8 pm, if the Member then so desires.

(c)

If a quorum is in fact present when a Member draws attention to the state of the House, the Speaker may name the Member in accordance with standing order 94(b) (sanctions against disorderly conduct).

97  Daily Question Time

(a)

Question Time shall begin at 2 pm on each sitting day, at which time the Speaker shall interrupt any business before the House and call on questions without notice.

(b)

The business interrupted shall be dealt with in the following manner:

(i)

if a division is in progress at the time, the division shall be completed and the result announced; or

(ii)

the Speaker shall set the time for resumption of debate.

106 Giving notice

(a)

A Member giving a notice of motion must deliver it in writing to the Clerk at the Table.

(b)

The notice may specify the day proposed for moving the motion and must be signed by the Member and a seconder.

(c)

A notice of motion which expresses censure of or no confidence in the Government, or a censure of any Member, must be reported to the House by the Clerk at the first convenient opportunity.

133 Deferred divisions on Mondays and Tuesdays

(a)

On Mondays and Tuesdays, any division called for between the hours of 6.30 pm and 8 pm shall be deferred until 8 pm.

(b)

The Speaker shall put all questions on which a division has been deferred, successively and without amendment or further debate.

(c)

This standing order does not apply to a division called on a motion moved by a Minister during the periods specified in this standing order.

138 Initiation of bills

A House bill may be initiated:

(a)

by the calling on of a notice of intention to present a bill;

(b)

by an order of the House;

(c)

without notice by a Minister under standing order 178 (Appropriation Bill or bill dealing with taxation); or

(d)

by presentation under standing order 41(e).

A bill not prepared according to the standing orders of the House shall be ordered to be withdrawn.

139 Notice of intention to present bill

(a)

A Member giving a notice of intention to present a bill must deliver the notice in writing to the Clerk at the Table.

(b)

The notice must:

(i)

specify the title of the bill and the day for presentation; and

(ii)

be signed by the Member and at least one other Member.

(c)

A notice of intention to present a bill shall be treated as if it were a notice of motion.

140 Signed copy of bill presented

(a)

Member presenting a bill must sign a legible copy of the bill and give it to the Clerk at the Table, or to the Speaker for the purposes of standing order 41(e).

(b)

The title of a bill must agree with the notice of intention to present it, and every clause must come within the title.

141 First reading and explanatory memorandum

(a)

Subject to standing order 41(e), when a bill is presented to the House, or a Senate bill is first received, the bill shall be read a first time without a question being put. A Member presenting a bill during private Members’ business may speak to the bill, before it is read a first time, for no longer than 5 minutes.

(b)

For any bill presented by a Minister, except an Appropriation or Supply Bill, the Minister must present a signed explanatory memorandum. The explanatory memorandum must include an explanation of the reasons for the bill.

192 Main Committee’s order of business

(a)

If the Committee meets on a Monday, Wednesday or Thursday, the normal order of business is set out in figure 4.

(b)

If the Committee meets on a Monday to consider orders of the day relating to committee and delegation reports, these orders of the day shall have priority over other business, unless otherwise ordered.

Figure 4. Main Committee order of business

192a Members’ statements on Mondays

Before committee and delegation reports and private Members’ business on Mondays, the Deputy Speaker shall call on statements by Members. The Deputy Speaker may call a Member, but not a Minister (or Parliamentary Secretary*), to make a statement for no longer than 90 seconds. The period allowed for these statements shall extend until 6.55 pm.

* Including Assistant Ministers who are Parliamentary Secretaries

192b Grievance debate

(a)

At the conclusion of committee and delegation reports and private Members’ business on Mondays, the first order of the day shall be grievance debate.  The order of the day stands referred to the Main Committee.

(b)

After the Deputy Speaker proposes the question—

That grievances be noted—

any Member may address the Main Committee or move any amendment to the question. When debate is interrupted after one hour or if it concludes earlier, the Deputy Speaker shall adjourn the debate on the motion, and the resumption of the debate shall be made an order of the day for the next sitting.

207 Presenting a petition

A petition may be presented in one of two ways:

(a)

The Speaker shall present petitions and the Clerk announce them each sitting Monday, in accordance with standing order 34 (order of business).

(b)

A Member may present a petition during:

(i)

the period of Members’ statements in the Main Committee, in accordance with standing order 192A and standing order 193;

(ii)

adjournment debate in the House in accordance with standing order 31, and in the Main Committee in accordance with standing order 191; and

(iii)

grievance debate in accordance with standing order 192B.

208 Action by the House

(a)

Discussion on the subject matter of a petition shall only be allowed at the time of presentation as provided for under standing order 207(b).

(b)

Each petition presented shall be received by the Hous

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