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House of Representatives                                Ch 8                                                 p 270

Determination of questions arising

All questions arising in the House are determined by a majority of votes other than that of the Speaker. The Speaker does not vote unless the numbers are equal when he or she has a casting vote. ¹ A question may be determined on the voices, by division, or by ballot. The only exception to this general rule is that by practice a vote or address of condolence is carried by all Members present rising in their places, in silence, thereby indicating approval of the motion. ²

When debate upon a motion has concluded or has been interrupted in accordance with the standing orders, the Chair puts the question on the motion and states whether, in his or her opinion, the majority of voices is for the ‘Ayes’ or the ‘Noes’. If more than one Member challenges this opinion, the question must be decided by division of the House. ³ The opinion of the Chair cannot be challenged later, ⁴ but the Chair has put the question again when an assurance was given that some misunderstanding had taken place ⁵ and by leave of the House following a protest by the Opposition. ⁶

Constitution, s. 40. For discussion of the casting vote see Ch. on ‘The Speaker, Deputy Speakers and officers’. For discussion of the restrictions regarding voting at various times by Members for the Northern Territory and the Australian Capital Territory see p. 168 of the second edition.

VP 1978-80/959; and see Ch. on ‘Motions’.

S.O. 125.

H.R. Deb. (27.7.22) 895-6.

VP 1923-24/43.

VP 1970-72/987; H.R. Deb. (28.3.72) 1239.