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Title

Ch7 The parliamentary calendar / A PARLIAMENT / Dissolution / Effects of dissolution

Database

House Practice

Date

01-05-2005

Source

House of Reps

Parl No.

41

Chapter

The parliamentary calendar

Chapter No.

Chapter 07

Page

221

Section No.

 

System Id

procedural/practcer/chapter07.17.doc


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Ch7 The parliamentary calendar / A PARLIAMENT / Dissolution / Effects of dissolution



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House of Representatives                                Ch 7                                                 p 221

 

The parliamentary calendar / A PARLIAMENT / Dissolution

 

Effects of dissolution

Dissolution has the following e ffects on the House of Representatives: 1

  • All proceedings pending come to an end—that is, all business on the Notice Paper lapses.

  • Members of the House cease to be Members, although those who renominate continue to receive their allowances up to and including the day prior to the day fixed for the election. 2 Ministers, however, continue in office 3 and the Speaker is deemed to be Speaker for administrative purposes until a Speaker is chosen in the next Parliament. 4

  • Any sessional or other such non-ongoing orders or resolutions cease to have effect.

  • All House committees and joint committees established by Act or resolution cease to exist.

    • It is considered desirable for bills passed during a session to be assented to before the dissolution proclamation is made. 5

    If the House is dissolved or expires, or Parliament is prorogued, before the end of 15 sitting days of a House of the Parliament after notice of a motion to disallow a legislative instrument has been given in that House, and that motion has not been dispos ed of, the instrument is deemed to have been laid before that House on the first sitting day after the dissolution, expiry or prorogation. 6 Any notice to disallow given in the previous session, or the last session of the previous Parliament, must be given again to have effect.

    Constitutionally, it is the House of Representatives that is regularly dissolved for electoral purposes and not the Senate. The Senate’s existence (coupled with its electoral system) is continuous in character, except in the circumstances of the simultaneous dissolution of both Houses.

    There would be considerable constitutional and legal doubt in respect of any proposal for the meeting of the Senate after the dissolution of the House unless specific statutory or constitutional provision was made. The Senate has not met after a dissolution of the House has occurred but has passed a resolution which, according to Odgers , in effect asserts its right to do. 7 ( See also ‘Effects of prorogation’ at p.  226 ).



    And see Ch. on ‘Motions’ in respect of resolutions and orders of the House.



    Parliamentary Allowances Act 1952 , s. 5A(2).



    Ministers can hold office for up to three months without being a Member or Senator (Constitution, s. 64). However, a caretaker convention applies— see Ch on ‘House, Government and Opposition’.



    Parliamentary Presiding Officers Act 1965 .



    Advice of Attorney-General’s Department, dated 29 October 1963 (expressing opinion of Attorney-General). The Commonwealth Debt Conversion Act (No. 2) 1931 was assented to on 15 January 1932, the House of Representatives having been dissolved on 26 November 1931, VP 1929-31/951-3. See also opinion by Solicitor-General, dated 9 October 1984, which expressed the view that the Constitution does not require that bills be assented to prior to prorogation or dissolution; and the New Zealand case Simpson v. Attorney-General NZLR (1954) 271-86.



    Legislative Instruments Act 2003 , s. 42(3). See ‘Delegated legislation’ in Ch. on ‘Legislation’.



    J 1983-84/1276, and see Odgers , 11th edn, pp. 151-2, 499-501.