Harry Jenkins (Speaker) Share this | Link to this | Hansard source

Last Thursday there was a debate in the House about the constitutional and House practice issues concerning the Abolition of Age Limit on Payment of the Superannuation Guarantee Charge Bill 2011, introduced into the House by the member for Mackellar. In the course of the debate on this matter, as well as going to the specific issues concerning the bill, a number of members commented, and in some cases sought clarification more generally, on what are money or appropriation bills. They also sought clarification about the roles and rights of each of the two houses and private members of this House in relation to such bills.

I believe this was a very important debate and I can understand the desire of some members for greater clarification of these issues. These matters now have been raised and debated on a number of occasions in this parliament. They are important to private members as they seek to maximise their opportunities to pursue policy matters that are of interest to them. They are no less important to the government because of its legitimate interests.

My role as Speaker is to explain and apply consistently and as best I can House practice in respect of the financial initiative. House practice encapsulates relevant constitutional provisions and standing orders. The issues surrounding the financial initiative are complex. For this reason, and in response to the request from members for clarification, the Clerk's office has produced a comprehensive note on the matter. The note builds on the advice provided earlier this year in relation to the origination of bills. It refers to the roles and responsibilities of private members of the House. I present a copy of the note, which I understand is being circulated to all members.

A more specific note on the Abolition of Age Limit on Payment of the Superannuation Guarantee Charge Bill 2011 has been produced. I present a copy of this note, which I understand is also being circulated to members. I trust these notes are useful in clarifying the more general issues surrounding the financial initiative and the question of money or appropriation bills.

In relation to the Abolition of Age Limit on Payment of the Superannuation Guarantee Charge Bill 2011, two issues are raised by the bill relating to the financial initiative—the need for an appropriation for the bill, and the extension of a charge that results from the bill. Both issues are a consequence of the bill enlarging the classes of persons to whom an appropriation and a charge could apply. I will not go into the detail of these issues as they are outlined in the second note I presented.

Under the characterisation of bills that has been followed in the House, this bill appears to be caught by the provisions of standing order 179(a) and standing order 180(c). Accordingly I do not believe that it can proceed in its current form.