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Wednesday, 30 May 2012
Page: 6213


Mr ALBANESE (GrayndlerLeader of the House and Minister for Infrastructure and Transport) (09:03): I move:

That the member be no longer heard.

The DEPUTY SPEAKER ( Ms AE Burke ): Lock the doors. The question is that the member be no longer heard. The ayes will pass—

In division—

The DEPUTY SPEAKER: No! Lock the doors; too late—no way; not on. Out!

Mr Hockey: Madam Deputy Speaker, you just called him back in.

The DEPUTY SPEAKER: I did actually call him back in, because the doors had locked.

Mr Hockey: The Government Whip—

The DEPUTY SPEAKER: The Government Whip does not have the authority. I actually said he should return to the chamber because the doors had been locked and he was actually in the chamber when I said, 'Lock the doors.' In accordance with the rules, I had asked him to stay in the chamber, as the doors had been locked. I think that is the right way to proceed.

Mr Hockey: Madam Deputy Speaker, I raise a point of order. Just to clarify: as we said that we would not accept the vote of the member for Dobell, when we realised—

The DEPUTY SPEAKER: The member for North Sydney does not have the call. Member for North Sydney, it is not for the opposition or the government to accept a member's vote. We need to clarify this: it is for the parliament to accept a member's vote. The member for North Sydney.

Mr Hockey: The coalition has said it would not accept the vote of the member for Dobell and, if the member for Dobell entered the House and voted with us, we would have someone leave the chamber. To provide clarity: we became aware that the member for Dobell was sitting on our side, and that is why the Leader of the Opposition and the Manager of Opposition Business attempted to leave the House, on that note. The member, obviously—

The DEPUTY SPEAKER: The member for North Sydney has made his point. We are in the middle of a division. The issue still remains that, when the call for the doors to be locked has been made, those in the chamber must be counted in the vote. I understand the point the member for North Sydney is making, but there is no ability for the parliament to exclude a member's vote. The member for Groom is seeking the call. I would like to now, before that, put the question. The question is that the member be no longer heard.

Mr Ian Macfarlane: Madam Deputy Speaker, on a point of order: you are classed as outside the chamber if you are past the advisers' box.

The DEPUTY SPEAKER: The Leader of the Opposition was on the floor at the time—that is the chamber. We will now proceed with the vote. The question is that the member be no longer heard.