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Wednesday, 11 August 1999
Page: 7241


Senator BROWN (11:40 AM) —I support the amendment. I would suggest to Senator Murray that the words `of the joint sitting of the members of the Senate and the House of Representatives' can be deleted because that would mean that the Prime Minister would have to act within six weeks of either not getting the support of the Leader of the Opposition or not getting the two-thirds majority required from the Australian parliament.

Senator Bolkus says that this is technical and not necessary in the event of the Prime Minister not naming another candidate for President because parliaments would be compelled to act. But what Senator Murray is doing here is laying down a prescription for action and laying down a directive in the Constitution that the Prime Minister cannot, due to lack of instruction from the Constitution, get away with leaving the presidency vacant.

We are charged with the responsibility of writing laws that, as far as possible, are simple, understandable, clear and which cover major exigencies. That is what Senator Murray's amendment does. It is rather fatuous of the Labor Party or the government to simply say, `Oh well, we'll leave it to the political pressure of the day to solve the problem,' when here we have the opportunity of laying down a prescription which is not going to allow the problem to occur in the first place. It is a very simple amendment that Senator Murray is putting forward. It is a sensible one, and I support it.