The first sitting period for 2025 featured suspensions of standing orders to provide additional time to consider legislation, a constitutional question on a Senate amendment, and a private Member’s motion moved during a time set for Government business.
Resignation of Members
On the first sitting day, after reading prayers and making an acknowledgement of country, the Speaker announced that on 19 January the Hon Keith Pitt had resigned his seat as the Member for Hinkler, and on 20 January the Hon Bill Shorten had resigned his seat as the Member for Maribyrnong. The Speaker advised the House that, with a general election pending, he had decided not to issue writs for by-elections for these divisions.
While the number of Members has reduced to 149 following these resignations, there is no change to quorum or absolute majority requirements.
Marking the deaths of former Members and former Senators
The House marked the passing of several former Members and Senators this fortnight. The Speaker informed the House of the deaths of Robert Charles Grant Sercombe, a former Member for Maribyrnong, and Grant Ernest John Tambling AM, a former Member and Senator for the Northern Territory. Condolence motions were moved in relation to the deaths of the Hon Anthony John Messner AM, a former Senator and minister; the Hon John Colinton Moore, a former Member for Ryan and minister; the Hon Kevin James Andrews AM, a former Member for Menzies and minister; and the Hon Thomas Eyre Forrest Hughes AO KC, a former Member for Parkes and Berowra and former Attorney-General.
Motions to suspend standing and sessional orders
Several motions to suspend standing and sessional orders were moved during the fortnight.
Private Member’s motion on antisemitism
On Tuesday, 4 February, after the House agreed to suspend standing order 133, allowing divisions to occur during a period of deferred divisions, standing orders were further suspended to enable the Member for Wentworth to move a motion condemning antisemitism in Australia during government business time. The suspension motion specified speaking times and the time for the question to be put and precluded any amendments from being moved to the motion. Twelve Members contributed to the debate on the Member for Wentworth’s motion, before the question was put and agreed to on the voices. Later that afternoon, standing order 133 was reinstated and so applied, as usual, to divisions called for after 6.30 pm.
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 on 5 and 11 February were agreed to, to enable additional time for government business.
On 5 February, the additional time was used in the Federation Chamber to continue consideration of the Criminal Code Amendment (Hate Crimes) Bill 2024. During consideration, detail amendments were moved by the Government, the Member for Wentworth and the Opposition. As decisions in the Federation Chamber are made by consensus, any single member dissenting causes the question to be returned to the House for resolution. In this case, all questions put on the detail amendments were unresolved, and the bill was reported to the House accordingly.
On 11 February, the Federation Chamber continued its consideration of the Electricity Infrastructure Legislation Amendment Bill 2025 past the usual time for adjournment. In the House, the AusCheck Amendment (Global Entry Program) Bill 2025 was read a third time just after 8.00 pm. Debate then resumed on the Electricity Infrastructure bill, which had been declared returned to the House by the Chief Government Whip, until the House adjourned at 8.48 pm.
On 13 February, during debate on the Early Childhood Education and Care (Three Day Guarantee) Bill 2025, the Leader of the House moved the suspension of standing order 43(a) to enable consideration to go past 1.30 pm, the time set for Members’ 90-second statements. The motion was agreed on division, and the bill subsequently passed the House before Members’ statements commenced.
Suspension motions moved by private Members
Throughout the fortnight, several motions to suspend standing and sessional orders were moved by private Members: the Member for Fairfax, to return the Electricity Infrastructure bill to the House for debate after it had been sent to the Federation Chamber; the Manager of Opposition Business, to bring the Treasury Laws Amendment (Tax Incentives and Integrity) Bill 2024 on for consideration; and the Member for Calare, to present a bill relating to cash transactions. All were defeated on division.
Legislation
Introductions
Sixteen bills were presented this fortnight, four of which were introduced by private Members.
Consideration in detail
During consideration in detail, any Member may move amendments to a bill, though amendments moved on behalf of the Government are the most common. During this fortnight, several bills were amended by Opposition and crossbench Members, including the Electricity Infrastructure bill, by the Leader of the Australian Greens, and the Scams Prevention bill, by the Member for Warringah.
On 6 February, the Hate Crimes bill, considered by the Federation Chamber in its late meeting the day before, was reported to the House with its unresolved questions. A question on each detail amendment or set of amendments was put in turn. Nineteen Government amendments were agreed to on the voices. A further Government amendment was agreed to on division. On the voices, the amendments moved by the Member for Warringah were disagreed to, and four Opposition amendments were agreed.
Passing the House
Sixteen bills in total passed the House this fortnight.
Statements
On 10 February, the Prime Minister made a statement on the 17th anniversary of the National Apology to Australia’s Indigenous Peoples and the Closing the Gap annual report and implementation plan. The Leader of the Opposition spoke in reply, and the motion to take note of the statement was referred to the Federation Chamber for further debate.
On 12 February, the Assistant Minister for Health and Aged Care made a statement in relation to women’s health. The Deputy Leader of the Opposition addressed the House in reply, and further statements were made in the Federation Chamber.
Valedictory remarks were made by the Members for Moreton, Calwell, Bradfield, North Sydney and Whitlam, who will not be contesting the next election. Statements were also made by indulgence in relation to the North Queensland floods. The Member for Longman spoke, by indulgence, on the death of Charlize Zmuda.
Committee activity
Nineteen reports of parliamentary committees were presented this fortnight. The Speaker presented his response to recommendation 3 of the Procedure Committee’s report into the maintenance of the standing and sessional orders, and the Leader of the House presented the Government response to the remaining recommendations.
Communication with the Senate
Message traffic with the Senate was a feature of this fortnight, as both Houses were sitting. This included messages regarding the membership of joint committees as well as messages transmitting bills, including with amendments.
On 13 February, the House considered and agreed to make amendments requested by the Senate to the Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Bill 2024. Four amendments that had been made by the Senate were not considered at this point, and the bill was returned to the Senate. The Senate has adopted this two-step process as, under s. 53 of the Constitution, it is unable to amend bills imposing taxation or appropriating revenue. When the Senate wishes to amend such a bill, it requests the House to do so before the third reading in the Senate – thus reserving its right to consider the House’s position on the proposed amendments before agreeing to read the bill a third time. Any amendments that the Senate has the power to make are made in the usual way and then considered by the House after the Senate has agreed to the bill.
After the veterans’ entitlements bill had been given its third reading by the Senate, it was returned to the House later that day with the four Senate amendments, of which the House agreed to three. The Deputy Speaker, on behalf of the Speaker, made a statement in relation to amendment (4), noting that it raised an important constitutional principle. He explained that this amendment was covered by section 53 of the Constitution and so should have been made as a request. The House endorsed the statement, and the Senate’s purported amendment was disagreed to, after debate. The House then made an identical Government amendment in its place. A message was transmitted to the Senate with the House’s amendment, to which the Senate agreed.
The House is scheduled to meet next on Tuesday, 25 March 2025.