Legislative Council Standing Orders - Chapter 6

CHAPTER 6 - NOTICES, MOTIONS AND ORDERS OF THE DAY

 

6.01    Notices of Motion

(1)    Notices of motion may be given in formal business after the presentation of papers. No notice of motion will, without leave of the Council, be received after the Council has proceeded to the Orders of the Day.

(2)    Every Member giving notice of a motion will read it aloud and deliver to the Table a copy of such notice signed by him or her or on his or her behalf, and stating the day proposed for moving such motion.

(3)    A Member may not give two notices of motion consecutively if any other Member has any notice to submit.

(4)    A Member, with the consent of another Member who is not present, may give notice for that Member by putting the name of such Member on the notice of motion.

(5)    A notice of motion will be printed on the Notice Paper. Any notice of motion or part of a notice of motion which, in the opinion of the President, contains material not in conformity with the Standing Orders may be omitted from the Notice Paper by order of the President.

 

6.02    Moving of notices

(1)    Notices will be called on in the order in which they appear on the Notice Paper and will take precedence of Orders of the Day.

(2)    A notice of motion which, at the adjournment of the Council, has not been called on will be listed on the Notice Paper for the next sitting day.

 

6.03    Postponement of notices

(1)    A Member who has given notice of a motion may move its postponement without notice.

(2)    A Member may move the postponement of a notice on behalf of a Member who is not present, with the consent in writing of that Member, providing that consent is given in writing.

 

6.04    Alteration of notices

After a notice of motion has been given, the motion may be altered by the Member, on delivering to the Clerk an amended notice at least one day prior to the day for moving such motion.

 

6.05    Withdrawal of notices

A Member who has given notice of a motion may withdraw the notice by advising the Clerk in writing.

 

6.06    Motions without notice

A Member may only move a motion without previous notice by leave of the Council.

 

6.07    Seconding of motions

Except as provided for in Standing Orders 1.10 and 2.02, no motion will require a seconder.

 

6.08    Withdrawal of motions

(1)    When a motion has been moved, it may be withdrawn by its mover but only with the leave of the Council.

(2)    A motion which has been withdrawn by leave of the Council may be moved again during the same Session.

 

6.09    Motions of urgent public importance

(1)    A Member may propose that a definite matter of urgent public importance be brought before the Council for discussion by submitting to the President in writing at least two hours before the time fixed for the President to take the Chair -

        (a)    the subject-matter desired to be discussed; and

        (b)    a statement setting out the grounds considered to justify its urgent consideration and, if the President is satisfied that the matter is of such importance as to warrant urgent consideration, he or she will permit the motion to be moved.

(2)    Where the President is satisfied that unusual and extreme circumstances did not permit a matter being submitted to him or her at least two hours before the time fixed for taking the Chair, he or she may waive that requirement.

(3)    Discussion upon a matter approved by the President pursuant to this Standing Order will occur prior to Questions without Notice; a motion being made, without notice, "That the Council take note of ... (subject)".

(4)    A motion under this Standing Order may not be amended and the debate may not be adjourned.

(5)    Not more than one motion under this Standing Order will be moved during any sitting of the Council.

(6)    In the case of two or more subject-matters being proposed to the President for discussion at a sitting, the President will decide, having regard to their relative urgency, which (if any) of those matters will be the subject of a motion.

(7)    No debate will be permitted as to the exercise of discretion by the President under this Standing Order, except by motion to dissent from his or her ruling.

 

6.10    Rules relating to motions of urgent public importance

(1)    In determining urgency, the President will consider whether -

        (a)    the matter is of recent occurrence; and

        (b)    the subject is being raised at the first opportunity; and

        (c)     the matter is of sufficient public importance to warrant invoking the urgency procedure; and

        (d)    the rights, welfare or security of citizens is in jeopardy; and

        (e)    there is a distinct probability of the matter being brought before the House in reasonable time by other means.

(2)    If the President approves of a subject-matter being brought on for discussion he or she will cause -

        (a)    the Member who submitted the proposal to be notified that the discussion may proceed as soon as practicable after having reached that decision; and

        (b)    all other Members to be advised of the subject-matter of the motion, and not less than one hour, where reasonably possible, before the matter is debated.

(3)    If the President is not satisfied that a subject-matter should proceed to debate he or she will -

        (a)    notify the Member who submitted the proposal accordingly, giving the reasons for rejecting the request; and

        (b)    report to the Council that he or she had received representations for a subject-matter to be debated, giving reasons why he or she decided that it should not proceed.

 

6.11    Motions for consideration of statutory instruments

A motion, except a motion moved by a Minister, to approve, allow, disallow, revoke or otherwise void, any proposal, Statutory Rule or other instrument which by any Act is expressed as being subject to a resolution of the Council or of the Council and the Assembly can only be debated on Wednesdays during General Business.

 

6.12    Consideration of Orders of the Day

(1)    When notices of motion have been disposed of, the President will direct the Clerk to read the Orders of the Day without any question being put. Orders of the Day will be considered in the order in which they appear on the Notice Paper.

(2)    A motion for the postponement of an Order of the Day may be moved without notice.

(3)    An Order of the Day which, at the adjournment of the Council has not been called on, will be listed on the Notice Paper for the next sitting day.

 

6.13    Procedural motions

The time limit for procedural motions is prescribed by Standing Order 5.03.  A procedural motion is defined as:

        (a)   a motion to set the day and time of the next meeting of the Council pursuant to Standing Order 4.01(2);

        (b)   a motion to take note of a Minister’s explanation as to why a response to an adjournment matter has not been provided pursuant to Standing Order 4.14(1)(b);

        (c)   a motion for the postponement of an Order of the Day pursuant to Standing Order 6.12;

        (d)   a motion for the discharge of an Order of the Day pursuant to Standing Order 6.14;

        (e)   a motion for the revival of a dropped motion or Order of the Day pursuant to Standing Order 6.16;

        (f)    a motion "That this question be not now put" pursuant to Standing Order 7.03;

        (g)   a motion to read and rescind a resolution of the Council pursuant to Standing Order 7.07;

        (h)   a motion that an answer to a question or supplementary question without notice be taken into consideration pursuant to Standing Order 8.06;

        (i)    a motion that a paper be published and taken into consideration pursuant to Standing Order 9.07;

        (j)   a motion that a Member "be now heard" pursuant to Standing Order 12.05;

        (k)  a motion that the debate be now adjourned pursuant to Standing Order 12.10;

        (l)   a motion to incorporate into Hansard a second reading speech for a Bill that has originated in the Council pursuant to Standing Order 14.07(1);

       (m)  a motion to refer a Bill in Government Business to a Council committee or any other parliamentary committee pursuant to Standing Order 14.11(a);

       (n)   a motion to defer Committee of the whole to a later time pursuant to Standing Order 14.11(c);

       (o)   a motion for the adoption of the report from the Committee of the whole pursuant to Standing Order 14.16;

       (p)   a motion to reconsider a Bill in Committee of the whole pursuant to Standing Order 14.17;

       (q)   a motion to declare a Bill urgent pursuant to Standing Order 14.34;

       (r)    a motion that a Bill ruled to be a Private Bill be dealt with as a Public Bill pursuant to Standing Order 14.36;

       (s)   a motion that the Deputy President report progress and ask leave to sit again pursuant to Standing Order 15.05(5);

       (t)    a motion providing an instruction to a Committee of the whole pursuant to Standing Order 15.07(3).

 

6.14    Discharge of Order of the Day

After an Order of the Day has been read, the Member in charge of the Order may move, without notice, that the Order be discharged.

 

6.15    Discharge of Business from the Notice Paper

(1)    A notice of motion and an Order of the Day, other than for the consideration of a Bill, will be discharged from the Notice Paper after it has been listed for 20 consecutive sitting days.

(2)    This Standing Order does not apply to business currently standing in a Minister's name.

 

6.16    Revival of dropped Motions and Oders

If a motion or Order of the Day drops off the Notice Paper owing to -

        (a)    no day being appointed for its future consideration; or

        (b)    its being superseded; or

        (c)     the debate thereon being interrupted by lack of a quorum -

such motion or Order may be restored to the Notice Paper for a subsequent day on motion without notice.