LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY CONSIDERATION OF BILLS Information Bulletin 12 provided background about reading a Bill. This Bulletin explains the passage of a bill through the Assembly. To become an act, a bill must pass through a number of formal stages in the Assembly, be agreed to by a majority of Members in the Assembly and be assented to by the Administrator. Second reading If Cabinet decides to proceed with the idea, the proposed law is a Government Bill. An individual Member of the Legislative Assembly can also introduce a bill, which is known as a Private Members Bill. At the conclusion of the second reading speech, it is usual for debate to be adjourned for at least 30 days. The purpose of this is to prevent surprise and to ensure each bill is able to be considered by all Members as well as any interested members of the public before it is debated to conclusion. Who drafts a bill? The Office of Parliamentary Counsel drafts laws based on the policy idea of a Member. Parliamentary Counsel is responsible for drafting Government and Private Members Bills. SUMMARY Immediately after the first reading, the sponsor of the bill proposes a motion for the second reading and delivers the second reading speech. This speech usually outlines the purpose of the bill, how it will operate and what it is designed to achieve. At the conclusion of debate, the Speaker puts the question 'that the bill be now read a second time' and if it is agreed, the Clerk again reads the long title. This is the second reading of the bill. A proposal before the Assembly to create a new law or to amend an existing one is called a bill. Procedural Stages: First reading, Second reading, Consideration in the Committee of the Whole, Third reading, and Assent and enactment. Chair reads the number of the clause and asks: The question is that the clause stand as printed? After all the clauses are agreed to, the Chair asks: The question is that the schedule stand as printed? Who is a sponsor? When a bill is introduced into the Assembly it will have a sponsor. This is either the Minister responsible for the relevant portfolio for a Government Bill or whichever Member introduces a Private Members Bill. Procedural stages The stages for the passage of a bill to an act are: first reading (introduction) second reading consideration in the Committee of the Whole third reading assent and enactment. First reading The introduction of a Bill is a formal procedure where the long title of the bill is read by the Clerk and copies of the bill are circulated to all Members. This is the first reading. After the second reading, Standing Orders allow the Assembly to: move a motion to refer the bill to a select committee move an instruction by leave, move that the bill be read a third time. If none of these motions are moved, the bill is automatically considered by the Committee of the Whole. The question is that the preamble be agreed to? The question is that the title be agreed to? Clause taken together The committee may agree to consider clauses in groups or all of them together. The Chair asks: Procedure for Committee of the Whole Is it the wish of the committee that clauses … to … be taken together? A bill is examined in the following order: If there is no objection, the Chair says: clauses schedules the preamble the title. Bill taken clause by clause Clauses are considered in order. Beginning with the first clause, the Information Bulletin 13 There being no objection, it is so ordered. Bill taken as a whole A bill can be taken as a whole by leave of the committee. The advantages of this are: The Chair is not required to put each clause, title and or schedule of a bill to the vote CONSIDERATION OF BILLS Members may debate a bill as a whole, instead of clause by clause. The Chair asks: Is it the wish of the committee that the bill be taken as a whole? If there is no objection, the Chair says: There being no objection, it is so ordered. The questions is – That the bill stand as printed? Amendments An amendment may be made to any part of the bill: by submitting an amendment schedule during debate from the floor. Amendment schedules are prepared by the Office of Parliamentary Counsel and are given to all Members. This is the easiest and most efficient method. Every Member is aware of the amendments, and the Office of Parliamentary Counsel advises the Member wanting to make the amendment of any consequential amendments. All amendments must be in writing and signed by the Member proposing the amendment. In committee, Members may speak more than once but not for more than 10 minutes at any one time. Ministers in charge of a bill are not limited by a maximum time for speaking. Amendment schedules have each amendment numbered. A Member says: Disorder in Committee I move amendment number (??) If moving an amendment from the floor, the Member must say precisely what his or her amendment is. For example: I move that all after ’people’ be omitted. words Voting Those of that opinion say aye; to the contrary say no. Then the Chair declares the result, which may be challenged by Members calling for a division. Divisions in committee are the same as in the Assembly (see Information Bulletin 3). Reporting When a bill has been considered, the Chair asks: Types of amendments There are three different forms of amendment to a bill: omitting certain words omitting certain words to insert or add other words instead adding words. After a Member has proposed an amendment, and it is discussed if required, the Chair asks: The question is that amendment be agreed to? Time limits to speeches As soon as debate on a question is concluded, the Chair says: and/or How is an amendment made? the When all amendments have been made to a clause, the Chair asks: The question is that this bill (or this bill as amended) be reported? Where consideration of a bill has not been completed, a motion may be moved by any Member: The question is that the Chair reports progress and asks leave to sit again? A motion to report progress is the equivalent of a motion to adjourn a debate in the Assembly. The motion is not open to debate. The question is that the clause stand as amended? Information Bulletin 13 Standing Orders for the conduct of Members, debate, procedure and general conduct of business are still followed in the Committee of the Whole. The Chair holds the same authority as the Speaker to preserve order. However, when in the Committee of the Whole, decisions are not resolutions or decisions of the Assembly. If disorder reaches a point where the Chair believes a Member should be suspended, the committee suspends proceedings and reports the disorder to the Speaker. Once the Assembly deals with this disorder, the Assembly resumes the Committee of the Whole. Third reading Once the Assembly has agreed to adopt the report of the Committee of the Whole, the sponsor moves 'that the bill be now read a third time'. This is the last opportunity for Members to speak on the bill. When the question for the third reading is agreed to, the Clerk again reads the long title of the bill and it passes to be a proposed law. Assent and enactment The bill for an act is certified by the Clerk as a true representation of what has been passed by the Assembly and is presented to the Administrator for assent. On receiving this assent, the bill becomes an act. Acts come into force either on assent or at a date to be gazetted. Whether immediately or a later time, this is the date of enactment.