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A reasoned amendment provides an opportunity for a member to place on record a reason or an argument for opposing a bill currently before the House.
It is a method of opposing a bill on the second or third reading through which objections to the bill are clearly stated.
It allows a member, normally a non-government member, to express any special reason for not agreeing to the second or third reading of a bill. It is usually to state a principle opposing to or differing from the main principles or provisions of the bill. In this way, a member can place on the record issues or concerns relating to the bill.
The moving of a reasoned amendment needs to be understood within the wider context of rules governing amendments generally. Standing Orders 63, 64, 67, 72 and 157 describe the different forms of amendments. For further information on amendments to the text of bills, see Fact Sheet 17: Amendments to Bills - A Practical Guide.
A reasoned amendment allows a member to present to the House an alternative question. This is a useful opportunity for members to raise their opposition to a bill, particularly in cases where an amendment to the text of a bill is inadmissible.
When the question ‘That this bill be now read a second time’ is moved, the usual form of the reasoned amendment is to omit all the words after ‘That’ and insert words to the effect that the House does not proceed with the bill for specified reasons, or until further information on the subject matter of the bill has been made available.
The accepted forms of a reasoned amendment in the Legislative Assembly are:
That the bill be withdrawn and redrafted to provide for relevant matter.
That the House refuses to read this bill a second time until (a certain relevant event takes place).
That the bill be deferred indefinitely.
A reasoned amendment must comply with one of several categories:
Seek to state some principle opposing or differing from the principles,
policy or provisions of the bill.
Express opinions relating to circumstances connected with the introduction
or passage of the bill, or otherwise opposed to its progress.
Seek further information to be presented by a committee or other body.
A reasoned amendment can, therefore, be used as a vehicle for a member to place on the record a particular point of view or special reasons for not agreeing with a bill.
The Chair decides whether the amendment is admissible and usually considers the following criteria:
It must be relevant to the bill.
It must not anticipate amendments which may be moved.
It must be more than just a direct negation of the principle of the bill.
It must be intelligible and consistent with itself.
It must be consistent with words in the motion which have already been agreed.
To allow the Chair ample time to consider whether a reasoned amendment
is admissible, a member must submit a draft to the Clerk at least two hours
prior to the bill being called on.
When the bill is called on, the reasoned amendment in the form set out
above, is moved.
Copies of the amendment are then circulated to members in the Chamber.
Once the reasoned amendment has been moved, members participating in the
debate on the bill are regarded as speaking both to the question ‘That
this bill be now read a second time’ and to the reasoned amendment.
It is rare for a reasoned amendment to be carried, the last time this happened was in 1933. If a reasoned amendment is agreed to, the bill lapses automatically under Standing Order 63.
The Legislative Assembly Procedure Office has produced a series of Fact Sheets that explain parliamentary procedure and terminology. All Fact Sheets are available on Parliament’s website or through the Procedure Office.
Legislative Assembly Procedure Office
Parliament House
Spring Street
EAST
MELBOURNE VIC 3002
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03 9651 8563 |
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Fax: |
03 9651 7245 |
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Email: |
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Compiled by the Procedure Office
and issued by the Clerk of the Legislative Assembly
June 2005
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