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Date:
20 September 2012
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Points of Order — Bills, Members’—Preliminary Ballot

[Sitting date: 20 September 2012. Volume:684;Page:5499. Text is incorporated into the Bound Volume.]

Points of Order

Bills, Members’—Preliminary Ballot

CHRIS HIPKINS (Senior Whip—Labour) : I raise a point of order, Mr Speaker. I thought this was the appropriate moment to do it. I want to draw your attention to Standing Order 277(2) and ask you to do some investigation and come back to the House with a considered ruling on the point that I am about to raise. It turns on the interpretation of this Standing Order as to what a bill that is “the same or substantially the same in substance.” should be. I do not want to relitigate an issue from this morning. I want to clarify this for future circumstances. The question that I would like you to go away and turn your attention to is whether “the same or substantially the same” refers to the outcome a bill seeks to achieve or the means by which it seeks to achieve that outcome. The question that we were faced with this morning—and I want to make it clear that I am not relitigating that at all—was we had two bills in the ballot that sought the same outcome, but had different means through which they intended to deliver that.

The interpretation that was placed on it this morning was that because they sought the same outcome, they were the same, and therefore there should be a pre-ballot to determine which of those bills went into the ballot. I want to be clear that I am not relitigating that process. What I am saying is that it would be useful for the future if we had a clearer ruling from the Speaker about whether or not it is actually the outcome or the substance of the bill that has to be the same in order for a pre-ballot to be conducted.

Mr SPEAKER: I appreciate the member’s point. I will indeed look into that. I suspect it may be a combination of both—that it may depend a little on whether or not a reasonably minor amendment can turn one bill into the other. But I think the issue is a legitimate issue, and I am very happy to look at that further.