Consideration of Bills - Northern Territory Government

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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.
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