The final sitting period for 2024 featured a busy legislative program, several motions to suspend standing and sessional orders, the raising of a matter of privilege, and a constitutional question on Senate amendments.
Marking the deaths of former Members and a former Senator
On 19 November, the Speaker informed the House of the death of former Senator John Coulter.
On 26 November, the Prime Minister moved a motion of condolence on the death of the Hon John Charles Hodges, a former Member for Petrie and former minister. The Leader of the Opposition and the Member for Petrie spoke in support.
On 28 November, the Prime Minister and Leader of the Opposition, by indulgence, made statements in relation to the death of the Hon Thomas (Tom) Eyre Forrest Hughes AO KC, a former Member for Parkes and Berowra and former Attorney-General.
Legislation
Introductions
Twenty-two government bills were introduced, including a bill to amend the Workplace Gender Equality Act 2012, in relation to setting gender equality targets. Eight private Members’ bills were introduced.
Treasury Laws Amendment (Fairer for Families and Farmers and Other Measures) Bill 2024
This bill was introduced on 27 November. The next day, the House agreed to postpone business to enable its consideration. The Manager of Opposition Business sought to suspend standing and sessional orders to express disapproval of debate taking place on the bill so soon after its introduction. Closure motions on members were moved, and the suspension motion was disagreed to. During debate on the bill, the Manager of Opposition Business sought to move a motion to suspend standing and sessional orders to make the bill an order of the day for the next sitting, which was ruled out of order by the Speaker. The Member for Riverina attempted to move an amendment to the motion for the second reading which would have had the effect of disposing the bill, but the government moved a closure of question, which was agreed to on division. The second reading was agreed to, on division. A contingent motion was then moved to enable the bill to be read a third time, as leave had not been granted to do so immediately.
Proposed referral to committee
A motion moved by the Member for Curtin to refer the Electoral Legislation Amendment (Electoral Reform) Bill 2024 and the Electoral Legislation Amendment (Electoral Communications) Bill 2024 to the Joint Standing Committee on Electoral Matters for consideration and an advisory report by 3 March 2025 was defeated on division.
Federation Chamber
Nineteen bills were referred to the Federation Chamber, and 21 were reported back to the House, nine with unresolved questions. Two second reading amendments were moved to bills in the Federation Chamber, including one by the Member for Warringah to the Electoral Reform bill, which was reported to the House as an unresolved question the next day. The second reading amendment was disagreed to in the House and the bill was read a second time. During consideration in detail, amendments moved by the Members for Curtin and Wentworth were disagreed to, on division, as was a single amendment moved by the Member for Indi; two further sets moved by her were disagreed to on the voices. The Deputy Speaker had earlier ruled an amendment moved by the Member for Clark out of order as an ironical amendment. The questions that the bill be agreed to, and be read a third time, were agreed to on division.
Passing the House
Twenty-eight bills passed the House during the fortnight.
Motions to suspend standing and sessional orders
Several motions to suspend standing and sessional orders were moved during the fortnight.
Time and order of business
During the fortnight, motions to suspend standing and sessional orders to vary the time and order of business in the House and Federation Chamber for 19, 25 and 26 November were agreed to, to enable additional time for both government and private Members’ business.
On 28 November, standing orders 31 (automatic adjournment of the House) and 33 (limit on business after normal time of adjournment) were suspended. The House sat until 7.01 pm and resumed on 29 November at 7 am. For the purposes of the Votes and Proceedings, this is considered a single sitting day of the House.
Suspension motions moved by private Members
Throughout the fortnight, private Members moved several motions to suspend standing and sessional orders: the Member for Calare, to bring on a bill that he had introduced that morning; and the Members for Mayo and Clark, to move a motion in relation to gambling advertising. The Member for Kennedy sought to suspend standing orders so he could move a motion expressing disapproval of the supermarket sector, and so that he could present a bill relating to supermarket dominance.
Statements
Statements on significant matters
Several statements on significant matters were made this fortnight, on topics including the fifteenth anniversary of the national apology to Forgotten Australians and former child migrants, Australian consular and crisis support, the International Day for the Elimination of Violence Against Women, international environmental leadership, and Medicare and mental health. On each occasion, the House resolved to permit further statements in the Federation Chamber.
Ministerial statements
Ministerial statements were made on developing northern Australia, the economy, and the annual climate change statement for 2024. Members of the Opposition also made statements on these matters.
Statements on indulgence
Valedictory remarks were made by ten Members not contesting the next election. In some cases, the Prime Minister, Leader of the Opposition and the Leader of the Nationals, also on indulgence, made statements. Further statements made by indulgence related to the retirement of Senator the Hon Simon Birmingham, and end-of-year remarks.
Parliamentary privilege
On 20 November, a matter of privilege was raised by the Minister for Infrastructure, Transport, Regional Development and Local Government in relation to filming in unauthorised areas. The following Monday, the Speaker told the House that whilst he appreciated the Minister’s concerns about discourtesy, he was not able to find a prima facie case of a breach of parliamentary privilege, and so had decided not to give precedence to a motion to refer the matter to the Standing Committee of Privileges and Members’ Interests.
On 28 November, the Speaker presented a memorandum of understanding (MoU) between the Presiding Officers, the Attorney-General and the National Anti-Corruption Commission (NACC), and made a statement in relation to the exercise of the NACC’s investigations where parliamentary privilege may apply.
Committee activity
The final fortnight was also a busy period for committees, with 23 committee reports, and one advisory report, presented to the House.
Communication with the Senate
Message traffic with the Senate resumed this fortnight, with both Houses sitting. All but two messages related to legislation. Sixteen House bills were returned with Senate amendments, including the Aged Care Bill 2024, in which the House agreed to the Senate amendments.
A bill from the Senate, the Aboriginal Land Rights (Northern Territory) Amendment (Scheduling) Bill 2024, was transmitted for concurrence on 26 November and passed the House the next day.
When the House resumed at 7 am on Friday, 29 November, following its suspension the night before, eleven messages were individually reported, returning House bills with amendments, to which the House agreed in all cases.
In relation to the Treasury Laws Amendment (Responsible Buy Now Pay Later and Other Measures) Bill 2024, the Speaker made a statement drawing to the attention of the House that the Senate amendments conveyed by the message raised an important constitutional principle. The Speaker said that his advice was that two of the Senate’s amendments would have the effect of increasing a charge or burden on the people, and as such were contrary to the requirements of section 53 of the Constitution. Therefore, he said, the amendments should have been made to the House as requested amendments. The Speaker then said he would leave it in the hands of the House as to how it wished to proceed.
On a motion moved by the Leader of the House, the House endorsed the Speaker’s statement and refrained from the determination of its constitutional rights on this occasion, given the public interest in the early enactment of the bill. The amendments were considered immediately and were agreed to.
A further 21 messages from the Senate were reported returning House bills without amendments or requests.
The House then adjourned until 12 noon on Tuesday, 4 February 2025.