House debates

Thursday, 3 September 2020

Bills

Environment Protection and Biodiversity Conservation Amendment (Streamlining Environmental Approvals) Bill 2020; Second Reading

4:51 pm

Photo of Tony SmithTony Smith (Speaker) Share this | Hansard source

I ask the Manager of Opposition Business to resume his seat and the Leader of the House to resume his seat, because I want to address the substance of what the Manager of Opposition Business is doing. We had a similar, if not identical, circumstance the other night, where the bill was called on and there was a suspension moved between the second and third readings. Really where it's moved is immaterial, but I do want to address the House on this matter and I want to clarify the Practice as it applies. The other night there was a lot happening, and I ruled that out of order. There have been occasions, including one cited by the Manager of Opposition Business where in December 2013—I think 10 December—a motion very similar to the one he has moved now was moved at about this stage of the debate. There was another occasion, which I hadn't recalled, in 2017, when I was in the chair and I immediately said no, until looking at the relevance of it. The relevant standing orders is 47(c). It says:

(c) If a suspension motion is moved without notice it:

  (i) must be relevant to any business under discussion and

  seconded; …

The difficulty the chair has is in making a decision where they don't have a copy of the motion and all the rest of it. Having heard the Manager of Opposition Business and his motion, which he has put a little bit of time into preparing, I will say that he is entitled to move that motion now but he needs to understand that the House will then make a determination on whether that motion is carried or not, and variations to it won't be considered by the chair afterwards, because otherwise the same-motion rule will come into effect—and I have the Practice here in front of me on that. In layman's terms, if the House decides against the motion being moved, that will be the end of that procedural matter. You've moved it. The Leader of the House had come to the dispatch box. I give the call to the Leader of the House.

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