Legislative Council Standing Orders - Chapter 7

CHAPTER 7 - QUESTIONS AND AMENDMENTS

 

7.01    Putting the question

(1)    When a motion has been moved, the question will be proposed to the Council by the President in the form "That the motion be agreed to".

(2)    When the debate on a question is concluded, the President will put the question to the Council and will, if requested by a Member, again state it to the Council.

(3)    A question will be agreed to or negatived by the majority of voices "Aye" or "No".

(4)    The President will state, whether in his or her opinion, the "Ayes" or the "Noes" have it and, if challenged, the question will be determined by a division.

 

7.02    Question may be divided

The Council may order a complicated question to be divided.

 

7.03    Previous question

(1)    The previous question will be put in the form "That this question be not now put".

(2)    The previous question may not be moved to an amendment.

(3)    The motion "That this question be not now put" will not be amended.

(4)    In considering the previous question, the original question and any amendment may be debated.

 

7.04    Superseding of question

A question may be superseded by the previous question being proposed and resolved in the affirmative.

 

7.05    Determination of previous question

(1)    If the previous question is agreed to and the original question and any amendment to it are superseded, the motion or Bill under discussion drops off the Notice Paper and the Council will proceed to the next business.

(2)    If the previous question is negatived the original question and any amendment to it will be put forthwith, without any amendment or debate.

 

7.06    Same question not to be proposed again

No question will be proposed in the Council which is the same in substance as any question which has been resolved during the previous six months in the same Session.

 

7.07    Resolution or vote may be rescinded

A resolution or other vote of the Council may be read and rescinded.

 

7.08    Amendment of a question

(1)    A question which has been proposed may be amended by -

        (a)    omitting certain words; or

        (b)    omitting certain words in order to insert or add other words; or

        (c)     inserting or adding words.

(2)    An amendment must be relevant to the question it is proposed to amend and must not be a direct negative of the question.

(3)    An amendment to a question must be delivered in writing to the Clerk.

(4)    The mover of a motion or a Member who has already spoken in the debate may not move an amendment.

 

7.09    Restrictions on moving of amendments

(1)    No amendment will be proposed if it is the same in substance as an amendment already determined to the same question, or would have the effect only of reversing an amendment already agreed to by the Council.

(2)    No amendment will be proposed in any part of a question after a later part has been amended, or has been proposed to be amended, unless (in the latter case) the proposed amendment has been withdrawn by leave of the Council.

(3)    No amendment will be proposed to be made to any words which the Council has resolved will stand part of a question, except the addition of other words to the question.

 

7.10    Debate on an amendment

Debate on an amendment must be strictly confined to the terms of that amendment.

 

7.11    Putting of amendments

On every amendment the President will put the question "That the amendment be agreed to".

 

7.12    Proposed amendment withdrawn

A proposed amendment may be withdrawn by leave of the Council.

 

7.13    Amendments to proposed amendments

When an amendment has been proposed, amendments to the amendment may be moved, as if such proposed amendment was an original question.

 

7.14    Putting of question, when amendments agreed to

When amendments have been agreed to, the main question, as amended, will be put.

 

7.15    Putting of question, when amendments not agreed to

When amendments have been proposed but not agreed to the question will be put as originally proposed.

 

7.16    Multiple amendments

(1)    Leave may be given to a Member to move and debate multiple amendments to a question.

(2)    When multiple amendments have been moved, the question on each amendment will be put separately by the Chair unless leave is granted for them to be put together.