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Adoption of committee report occurs
after the committee of the whole stage in the passage of a bill
through the Senate. The committee reports to the Senate that it
has considered the bill and has agreed to it with (or without) amendments.
The adoption of the committee report is the stage at which the Senate
determines whether to accept the bill (with amendments, if applicable)
as a prelude to the final vote, or send it back for further consideration.
(Brief Guide to Senate
Procedure No. 9—Consideration of Legislation)
Business of the Senate includes disallowance
motions, orders of the day for the presentation of committee reports,
motions to refer matters to standing committees, motions for leave
of absence for a senator and motions concerning the qualification
of a senator. It has precedence over government business and general
business for the day on which it is listed. (Brief
Guide to Senate Procedure No. 8—Categories of Business)
Committee of the whole is a process during
which details of a bill are discussed, and amendments are moved,
debated and determined. Amendments moved during this stage are to
the text of the bill and may affect the final contents of the law.
(Brief Guide to Senate
Procedure No. 9—Consideration of Legislation ). See
also Request for an amendment
Delegated legislation is the
collective term for regulations, determinations, instruments, directions,
by-laws or notices made by either the Governor-General, a minister
or statutory office-holder to whom the Parliament has delegated
the power to make such rules. All such delegated legislation must
be tabled in both Houses of Parliament and is subject to disallowance
by either House. If a regulation is disallowed, it ceases to have
effect.
Disallowance of delegated legislation - any senator can
move a motion to disallow delegated legislation. Once a notice of
motion for the disallowance of regulations is given in the Chamber,
the Senate has 15 sitting days to deliberate and vote. If the matter
is not resolved within the 15 sitting days, the regulation is automatically
disallowed. For further information see Brief
Guide to Senate Procedure No. 1—Disallowance.
General business is initiated by senators
who are not ministers. It includes motions to take note of answers,
most notices of motion, consideration of committee reports and government
responses and private senator's bills. General business takes precedence
over government business on Thursdays as described below. (Brief
Guide to Senate Procedure No. 8—Categories of Business)
Government business is business
initiated by a minister and includes all debate on government bills.
Government business takes precedence over general business except
for a period of 2 hours on Thursdays. (Brief
Guide to Senate Procedure No. 8—Categories of Business)
Motions - a motion is a proposal submitted
to the Senate by a senator. If the chair accepts a motion moved
by a senator, the chair puts the motion to the Senate in the form
of a question. Debate may then ensue if the question is one which,
under the rules of the Senate, may be debated. The question is then
put again by the chair and voted upon by the Senate. If the Senate
agrees to the motion it then becomes a resolution or order of the
Senate. (Odgers' Australian Senate Practice, 10th Edition)
Private senator's (or member's) bill
is a piece of legislation not introduced by the government of the
day, but by a senator (or member) in a private capacity as a way
of making a policy statement.
Request for an amendment - under section
53 of the Constitution, the Senate may not amend a bill imposing
taxation, or a bill appropriating money for the ordinary annual
services of government (an appropriation bill). It also may not
amend a bill in a way which will increase any proposed charge or
burden. If the Senate wishes to make such amendments, they must
be made in the form of requests to the House of Representatives.
(Brief Guide to Senate
Procedure No. 9—Consideration of Legislation) See also
Committee of the whole
Second reading amendment is an
amendment to the motion that a bill be read a second time. This
type of amendment adds or changes words in the motion to, for example,
express an opinion about the bill or the government's handling of
policy issues. (Brief Guide
to Senate Procedure No. 9—Consideration of Legislation)
Second reading debate is a policy
debate relating to the principles of a particular bill. A senator
may speak for up to 20 minutes and make a further contribution if
a second reading amendment is moved. The second reading debate is
opened by a minister who outlines the policies of the bill, and
is usually closed by a minister who may respond to issues raised
during the debate. The debate culminates in a vote signifying that
the bill is agreed to, or rejected, in principle. (Brief
Guide to Senate Procedure No. 9—Consideration of Legislation)
Sitting is a period of time during
which the Senate meets and does not adjourn for more than 20 days
(Standing Order 111).
Third reading is the final vote on a
bill, signifying the Senate's aceptance or rejection of it (as amended,
if applicable).
Urgency motions and matters of public
importance (MPIs) provides a procedure under standing order
75 whereby a senatory can raise for debate, without the usual notice
of not less than one day, any matter which is considered as warranting
immediate debate. Only one such motion can be considered on any
day. If the proposal is in order, the President shall read it to
the Senate at the time allotted. In order for the debate to proceed,
the motion must be supported by four other senators. At the conclusion
of the debate there is no vote taken on the substantive issue of
the matter or motion. However, in the case of urgency motions, a
procedural vote is taken as to whether the matter is considered
urgent or not. (Standing Order 75; Brief
Guide to Senate Procedure No. 10—Matters of Public Importance
and Urgency Debates)
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