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Thursday, 27 February 1975
Page: 834


Mr DEPUTY SPEAKER -I think I would also have to rule that out of order. Even though it deals with Standing Orders, it still seeks to preempt a situation which the House is not entitled to deal with. It seeks to adjourn the House until such time as an event, which may or may not occur, occurs, I do not believe that the Standing Orders of the House can be extended whether in suspension or in operation to cover a situation which might occur. The motion could in fact adjourn the House in perpetuity if carried. I have to rule the motion out of order.


Mr SNEDDEN - Well, then, Mr Deputy Speaker -


Mr DEPUTY SPEAKER -I ask the right honourable gentleman to resume his seat. He cannot persist with that type of motion.


Mr SNEDDEN -Mr Deputy Speaker-


Mr DEPUTY SPEAKER -I ask the right honourable gentleman to resume his seat.


Mr SNEDDEN - On a point of order -


Mr DEPUTY SPEAKER -I ask the right honourable gentleman to resume his seat.


Mr Sinclair - On a point of order -


Mr DEPUTY SPEAKER -I call the Deputy Leader of the Country Party on a point of order.


Mr Sinclair - This House has within its capacity an ability to change any of its Standing Orders providing it is prepared to pass a resolution to suspend them. The only matters on which it cannot so rule are matters that are within the Constitution. For that reason, I would submit to you that the motion just moved by the Leader of the Opposition is perfectly in order. It is a motion which seeks to suspend the Standing Orders of this Parliament, in order that the whole of the proceedings of this House can again be regularised. It is entirely within the capacity of this Parliament to determine whether or not the Standing Orders should be so suspended, so that a matter of this kind can be debated.


Mr Bryant - Mr Deputy Speaker-


Mr DEPUTY SPEAKER -Order! The Minister will resume his seat. It is within the powers of this House for the House to suspend its own Standing Orders and to conduct any business that lies within the powers of this House. It is not within the powers of this House to pre-empt a situation which may or may not occur. I refer to the part of the motion which suggests that the House would adjourn until such time as a ballot is conducted for a new Speaker. I do not believe that this House has any entitlement to presume that such a ballot will take place. On those grounds, I do not consider that the motion to suspend the Standing Orders should stand.


Mr Snedden - Very well. I move:

That so much of the Standing Orders be suspendedMr DEPUTY SPEAKER-Order! I call the Special Minister of State. I call the other side.


Mr Lionel Bowen -I present the Australian Bureau of Statistics Bill 1 97 5 .


Mr DEPUTY SPEAKER -The honourable gentlemen will resume his seat. The Bill has not been called on.


Mr Snedden - Mr Deputy Speaker-


Mr DEPUTY SPEAKER -Order! At the moment the matter before the House is 'Government Business'. I think that I have given the House a fair go. I intend to call on the Clerk to call on Government Business.


Mr Snedden - Mr Deputy Speaker,I wish to move:

That so much of the Standing Orders be suspended as would prevent me moving that the House do now adjourn.


Mr DEPUTY SPEAKER -Order! The Leader of the Opposition has not the call. He will not move anything. He will resume his seat. I call the Clerk.

Mr Snedden-Now, come on. You cannot do that. Come on. (Honourable members interjecting)-


Mr DEPUTY SPEAKER -Order! The right honourable gentleman will resume his seat. A member can move a motion in this chamber only when he has the call. I have given the Leader of the Opposition the call on two or three occasions.

I have called on Government Business. Under that call, there is no provision for me to call the Leader of the Opposition to move any sort of motion. I call the Clerk.


Mr Snedden - A point of order, Mr Deputy Speaker. 1 moved:

That so much of the Standing Orders be suspended -


Mr DEPUTY SPEAKER -Order! That cannot be done on a point of order. The right honourable gentleman will resume his seat.


Mr Snedden - Mr Deputy Speaker,rising to a point of order -


Mr DEPUTY SPEAKER - All right, on a point of order.


Mr Snedden - I moved- past tense- this motion:

That so much of the Standing Orders be suspended as would prevent me moving that the House do now adjourn until-

And I went with some other words. You ruled that out of order. But you have ruled in order that I could move to suspend so much of the Standing Orders as would prevent me moving that the House do now adjourn. It was in the pursuance -


Mr DEPUTY SPEAKER -That is out of order also.


Mr Snedden - It was in pursuance -


Mr DEPUTY SPEAKER -I am sorry. No. All right; go on.


Mr Snedden - It was in pursuance of that point that we were making a point of order and the ruling, so that I still had the call. If you were to call somebody else and I was not called, with the greatest of respect, it would appear as though you were deliberately not wanting to hear me but to hear the other side.


Mr DEPUTY SPEAKER -I rule on your point of order. When a member is ruled out of order, he does not continue to have the call, irrespective of the grounds on which a motion has been ruled out of order. I called the Special Minister of State understanding that he was rising under Government Business, The order of the day had not been called on. If I may point out to the House, I recall when Mr Acting Speaker Lucock took exactly the same action after the rather time consuming event of a guillotine on a previous occasion when the right honourable gentleman was Leader of the House. I call on Government Business.







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