House debates Bills
Family Assistance and Other Legislation Amendment (Schoolkids Bonus Budget Measures) Bill 2012; Third Reading
Anthony Albanese Grayndler, Australian Labor Party, Leader of the House
5:26 pm
I seek leave to move that the bill be now read a third time.
Leave not granted.
I move the contingency motion as it appears on the Notice Paper:
That so much of the standing and sessional orders be suspended as would prevent the remaining stages being passed without delay.
Mr Pyne interjecting—
Ms Anna Burke Deputy-Speaker
The question is that the contingency motion be agreed to. I put the question.
Christopher Pyne Sturt, Liberal Party, Shadow Minister for Education, Apprenticeships and Training
Anthony Albanese Grayndler, Australian Labor Party, Leader of the House
For the benefit of the Manager of Opposition Business, if you read the Notice Paper you would know that it must be moved without delay. I had moved it.
Ms Anna Burke Deputy-Speaker
Order! The Leader of the House will resume his seat. I was waiting to see if there was a notice on the paper. There is a notice on the paper. It is to be moved without delay. We are going to the question. The question is that the motion moved by Mr Albanese be agreed to. A division having been called and the bells having been rung—
Christopher Pyne Sturt, Liberal Party, Shadow Minister for Education, Apprenticeships and Training
Madam Deputy Speaker, on a point of order: I refer you to page 291 of House of Representatives Practice, which refers to the contingent notice and requires that the minister is to move that so much of the standing orders be suspended as would prevent the motion for the third reading being moved without delay. The Leader of the House did not move that so much of standing orders be suspended as would prevent the motion for the third reading being moved without delay. But, should he do so, it will require an absolute majority.
Ms Anna Burke Deputy-Speaker
My understanding is that the provision of the Notice Paper provides for the action being taken at the moment.
Christopher Pyne Sturt, Liberal Party, Shadow Minister for Education, Apprenticeships and Training
Ms Anna Burke Deputy-Speaker
The motion in the Notice Paper covers the concerns the member for Sturt is expressing.
In division—
Christopher Pyne Sturt, Liberal Party, Shadow Minister for Education, Apprenticeships and Training
Madam Deputy Speaker, on a point of order: from page 290 to page 291 of House of Representatives Practice you will find that there are four different contingency motions that could have been moved—which are on the Notice Paper, as you point out.
Honourable members interjecting—
Ms Anna Burke Deputy-Speaker
The member for Sturt has the call and will be heard in silence.
Christopher Pyne Sturt, Liberal Party, Shadow Minister for Education, Apprenticeships and Training
There are four contingency motions on pages 290 and 291. The minister did not indicate which contingency motion he is moving.
Ms Anna Burke Deputy-Speaker
I am happy to state the motion to clarify, but the Notice Paper has provided, over many years, the contingency motion that is being put by the government at this point. I am of the opinion that the contingency motion being put covers the concerns raised by the member for Sturt.
Mrs Bronwyn Bishop Mackellar, Liberal Party, Shadow Minister for Seniors
Madam Deputy Speaker, on the point of order: it provides that there are four contingency motions, which are normally on the Notice Paper, that are put there by ministers for this sort of purpose although they are very rarely used. I think we need to check the Notice Paper to see if there are four on the Notice Paper. If so, he has not correctly moved the motion, because each one is different and is for a different purpose.
Ms Anna Burke Deputy-Speaker
I am happy to restate the question on the contingency motion, but the Notice Paper, as you rightly point out, is designed to cover this issue and I am of the belief that the Notice Paper will cover this issue.
Mrs Bronwyn Bishop Mackellar, Liberal Party, Shadow Minister for Seniors
Could the Deputy Speaker read out the motion that is on the Notice Paper.
Ms Anna Burke Deputy-Speaker
I am happy to. Sadly, I do not have a Notice Paper. When I get one, I am happy to read it.
Kevin Andrews Menzies, Liberal Party, Shadow Minister for Families, Housing and Human Services
Madam Deputy Speaker, I raise a further point of order. The minister did not specify which of the contingency motions listed on pages 36 and 37 of the Notice Paper he was moving. Therefore, it is not possible for the parliament now to be voting on what is doubtful as to which of those contingency motions is being moved. Had the minister moved that he was moving contingency motion No. 1 or No. 2, or read the motion out, then you would be in a position—
Ms Anna Burke Deputy-Speaker
Member for Menzies, I understand the issue—
Kevin Andrews Menzies, Liberal Party, Shadow Minister for Families, Housing and Human Services
With the greatest respect, Deputy Speaker, you cannot guess—
The DEPUTY SPEAKER: The member for Menzies is correct : I cannot guess. But, at the end of the day, the Notice Paper is correct. We can go through all this again and take another division if that is what you want, but the outcome will be the same.
An honourable member: You do not know that.
The DEPUTY SPEAKER: No, I do not know that. I am saying that we can go through this all again if you would like to place it again , but, for the convenience of the House, I will read from page 37 of the Notice Paper :
Contingent on any bill being agreed to at the conclusion of the consideration in detail stage: Minister to move—That so much of the standing orders be suspended as would prevent the motion for the third reading being moved without delay.
And that is what is before the chair. That is the question I have put and that is the vote that is being taken.
Mr Melham interjecting —
The DEPUTY SPEAKER: Order! The member for Banks should know better.
Jenny Macklin Jagajaga, Australian Labor Party, Minister for Disability Reform
5:39 pm
I move:
That this bill be now read a third time.
Question agreed to.
Bill read a third time.