New Standing Orders were endorsed by the Legislative Assembly in 2006, and the new procedures will apply on and from the commencement of the 54th Parliament. The terminology relating to the passage of legislation has changed significantly.

While the procedures for the passage of legislation are broadly similar, agencies should be aware that there are a number of changes in procedure which have also been adopted. Attached is an information sheet which summarises the key changes in terminology and procedure for the passage of legislation by the Assembly.

Agencies that provide support to Ministers during debate of legislation will need to be aware of the new terminology and should review the papers which they provide to Ministers for use during debate (such as Bill Folders) to ensure that the correct terminology is used.

It should be noted that procedures and terminology have not changed for the Legislative Council, and existing practices should continue to be followed in the Council.

Col Gellatly
Director-General

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CONSIDERATION OF A BILL BY THE LEGISLATIVE ASSEMBLY

Notice of Motion

The first step in introducing a Bill will continue to be for the Minister to give a Notice of Motion in relation to the Bill. The Notice is provided by the Parliamentary Counsel and agencies do not need to prepare any documentation for the Minister in relation to this step.

Introduction of a Bill (formerly known as the First Reading)
As was the case under the previous Standing Orders, after Notice of Motion is given, the Bill is then introduced at a subsequent sitting of the Assembly, unless the Standing Orders are suspended to provide otherwise. This stage replaces the stage previously known as the First Reading of the Bill.

The Minister moves that the Bill be introduced. When agreed to, the Minister says 'Mr Speaker, I bring up the Bill' and hands three copies of the Bill to the Clerk. The Standing Orders provide that the Motion to introduce the Bill must be decided without amendment or debate.

As is currently the case, agencies do not need to prepare any documentation for Ministers at this stage.

Agreement in Principle (formerly known as the Second Reading)
The 'Agreement in Principle' stage of the Bill then proceeds. This stage accords with the Second Reading debate under the previous Standing Orders.

The Minister will now move:

'That the Bill be now agreed to in principle'.

The Minister will then proceed with his or her speech seeking the Assembly's agreement to the Bill in principle (the 'Agreement in Principle Speech'). This replaces the Minister's Second Reading Speech under the previous Standing Orders. Agencies
should ensure that speeches are appropriately titled.

As was previously the case, the speech should deal in detail with the policies and proposals incorporated in the Bill and provide any relevant information on the measure and the benefits which are expected to derive from the new law if it is enacted.

Immediately following the Minister's Agreement in Principle speech, the debate is adjourned until a future day at least five clear days ahead, unless the Bill has been declared to be an urgent Bill or the Standing Orders have been suspended.

Procedure for declaring Bills to be urgent
Under the new Standing Orders, if a Minister declares a Bill to be an urgent Bill and
copies have been circulated to Members, the Question 'that the Bill be considered an urgent Bill' is put immediately - no debate or amendment allowed - and if such Question is agreed to, the Agreement in Principle debate may proceed immediately or during any sitting of the House.

This procedure replaces the previous procedure of suspending the Standing Orders. As is currently the case, if it is considered there is a need for a Bill to be declared urgent, the Minister must raise the matter with the Leader of the House.

Resumption of the Agreement in Principle debate
Once the Agreement in Principle debate resumes, as was previously the case with the Second Reading debate, other Members have the opportunity to respond to the Minister's Speech, and the Minister then has a right of reply.

Once the Minister has provided the Reply (if any), the question - 'That the Bill be now agreed to in principle' - is then put.

If agreed to, the Speaker declares the Bill to have passed the House unless:

• a Member requests consideration of the Bill in detail (the 'Consideration in Detail' stage as set out below);
• the Minister requests consideration of the Bill in detail pro forma; or
• a motion is moved that the Bill not be passed.

Consideration in Detail (formerly known as the Committee or Committal Stage)
After a Bill has been agreed to in principle, a Member may request that the Bill be considered in detail.

This stage of the Bill was previously known in the Legislative Assembly, and continues to be known in the Legislative Council, as the Committal or Committee stage.

Previously, the Assembly resolved into a Committee of the Whole House which was presided over by the Chairman of Committees. The position of Chairman of Committees has been replaced by the Assistant Speaker. The Assembly will no longer resolve into a Committee of the Whole House.

During the Consideration in Detail Stage, the Bill is considered clause by clause, and schedule by schedule. A Bill may be amended during the Consideration in Detail stage and the existing procedures for drafting and moving amendments continue to apply, including the requirement to obtain the approval of the Premier or the Department of Premier and Cabinet for any Government amendments. The Minister may speak as many times as is desired but is limited to 20 minutes on each occasion.

Consideration in detail 'pro forma'
If the Minister wishes to make comprehensive amendments to a Bill (in order to improve the measure and make it more generally acceptable to the House) he or she moves, once the Bill has been given Approval in Principle:

'That the House consider the Bill in detail 'pro forma'.'

The question is put without amendment or debate. The Clerk Assistant should be advised in advance of the motion for Consideration in Detail 'pro forma'.

When the question has been passed, the proposed amendments, which have previously been printed, are put in one question by the Speaker 'that the amendments as printed be inserted in the Bill'. No debate is permitted and, if the question is agreed to, the Bill is then reprinted in its amended form, set down for reconsideration and, on reconsideration, will be dealt with as if the Bill is at the Consideration in Detail stage for the first time.

The Speaker then fixes the Consideration in Detail of the Bill as an Order of the Day for the next day.

Motion for the Bill to be passed (formerly known as the Third Reading)
Once the Consideration in Detail stage is complete, the Minister may move that 'This Bill be now passed' or request that the Speaker set the passing of the Bill down for a later time. The procedure of moving a motion for the Bill to be passed replaces the Third Reading of the Bill under the previous Standing Orders.

It is expected that a motion that a Bill be passed will usually be taken as formal, and speech notes are not required. The motion can, however, be debated and the mover has a right of reply.

If a Member wishes to raise a matter at this stage, he or she will move that the question be amended by leaving out all words after the word 'That' with a view to inserting instead the words 'the clause(s)…, schedule(s)…., the whole Bill be reconsidered'.

If a Member's motion that the Bill or parts of the Bill be reconsidered is supported, a further Consideration in Detail stage proceeds.

After the further Consideration in Detail stage is complete, the Minister may again move that the Bill be passed.

Once the motion that the Bill be passed is agreed to, the Bill has passed all stages in the Legislative Assembly. If agreed to, the Bill is sent to the Legislative Council.

Legislative Council Amendments
When a Bill which has been amended in the Legislative Council is returned to the Legislative Assembly, the amendments are then considered through a further Consideration in Detail stage by the Assembly. Any necessary speech notes should be provided if they would previously have been provided for the Legislative Assembly's consideration of the Legislative Council's amendments. Of course, a Minister may not require any notes or other material if, for example, the Government is supporting the Legislative Council's amendments.

The Assembly may agree to the amendments (with or without amendments) or disagree with them. If it disagrees with the amendments or further amends them, the amendments go back to the Council for further consideration. If no agreement is reached between the Houses, then the deadlock provisions of the Constitution Act  1902 (section 5B) may be invoked.

If the amendments are accepted by the Assembly, the Bill is considered to have passed both Houses.