Mallard Trevor: Telecommunications (TSO Broadband and Other Matters) Amendment Bill — In Committee Speaker Recalled In Committee 
Mallard Trevor: Telecommunications (TSO Broadband and Other Matters) Amendment Bill — In Committee Speaker Recalled In Committee 
[Volume:673;Page:19484] 
Hon TREVOR MALLARD (Labour—Hutt South) 
: 
 I raise a point of order Mr Chairperson. Just before you move on to I presume Part 1A I ask you to have a good look at the summary section or the index to the bill and at the way in which it has been marked up. It appears to me—and I have had limited experience with these matters—that Part 2A is sitting before Part 2. I think the tradition is to go 1 1A 2 2A although it might be just that in the printing of the bill instead of having a heading for a new subpart of new legislation the wrong headers have been used so that it looks like a part of the bill as opposed to a new section. 
The CHAIRPERSON (Lindsay Tisch) 
: I thank the member. I have sought advice from the Clerk. Part 2A is substituted by section 23H which now appears in Part 1A. That is how it is being handled. That is the clarification from the Clerk’s Office. 
Hon TREVOR MALLARD 
: Further to my point of order in that case can I have an assurance that Part 2A which clearly has a separate header is a separate part of the bill. 
The CHAIRPERSON (Lindsay Tisch) 
: No it is not. 
Hon TREVOR MALLARD 
: How can it be— 
The CHAIRPERSON (Lindsay Tisch) 
: You asked a question and I am answering it. If we look at section 23H in Part 1A it substitutes Part 2A. Part 2A is substituted by section 23H which now forms part of Part 1A. There is no Part 2A debate. Once we have finished Part 1A we will go on to Part 2.  
Speakers’ Rulings 
 states: “Taking a bill part by part relates to the parts of the bill that are before the committee not to new parts to be inserted in the principal Act.” I refer the member to Speaker’s ruling 110/3 which clarifies the position we are now in. 
Hon TREVOR MALLARD 
: I am sorry to keep going back Mr Chairperson but this is not a new part. I understand that if this was new then it would all be underlined. I am just checking that it is not all underlined. Is it all completely new or did it use to be Part 2A when it went to the Finance and Expenditure Committee? 
The CHAIRPERSON (Lindsay Tisch) 
: It is a new part of the principal Act. I come back to Speaker’s ruling 110/3. It is a new part of the principal Act. We are taking the bill part by part. It relates to parts of the bill that were before the Committee not to the new parts to be inserted in the principal Act. That is the ruling. 
Hon TREVOR MALLARD 
: Can I just ask you Mr Chairperson to pass back the advice that the more traditional form of drafting in this is to use a different form of heading for something that is a part of this bill as opposed to a new part of an Act so that members can differentiate. In this case you have explained it very clearly but this is not well drafted. 
The CHAIRPERSON (Lindsay Tisch) 
: There could be a case for the Standing Orders Committee to consider a matter such as this. 
Hon Trevor Mallard 
: You can’t get a Standing Order to draft the bill properly. 
The CHAIRPERSON (Lindsay Tisch) 
: The point I am making here is that you asked how we might handle it in the future. I am suggesting a way forward and that is where we stand.