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Thursday, 21 November 2013
Page: 1017

The SPEAKER (12:40): Before I call the member for Grayndler, I would say there is precedent for such a ruling—indeed, one was made on Thursday, 2 June 2011. It did involve myself and a bill that I had brought into this House; it had in fact had a second reading and was basically in line with the sort of situation we are in now. On that occasion the then Attorney-General Mr McClelland made it quite clear, in his submission outlining his reasons, why standing order 179 should apply. His final words were these:

… that message comes from the Governor-General. Similarly, in that case Justice Kirby referred to the discussion in the issue in Lane's Commentary on the Australian Constitution of 1997 and concluded that:

… the initiative for proposed appropriations belongs to the Executive Government, in accordance with s 56 of the Constitution.

Again, the will of the executive being referred to in the message of the Governor-General, with the Governor-General acting on the advice of the executive of the day. So, with respect, Mr Speaker, your ruling is entirely consistent with the standing orders but, more than that, it is entirely consistent with our Constitutional heritage.

And I am upholding that ruling.