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Standing Orders Committee - Senate - First Report (1929-31 Session)


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1929-30-31.

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALLl

THE SENATE.

FIRST REPORT

FROM THE

STANDING ORDERS COMMITTEE.

PROPOSED NEW STANDING ORDERS

AND

AMENDMENTS OF EXISTING STANDING ORDERS.

(Laid on the Table by the PreS'ident, and ordered to be printed, 24th July, 1931.)

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Printed and Publi11hed for the GoVDNYENT of ~he CoY:MONWliLTB of .AU8TB.illi by H. J. Gmff, Government Printer, (?anbtrra. No:S. S.-J'.2154.-Pmo:a 3»~1 .

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FIRST REPORT FROM THE · ST ANDING ORDERS COMMITTEE.

The Standin.cr Orders ommit tee has duly considered the matters referred to them in 0 . the following motion agreed to by the Senate, viz. :-That the que tion of the provi ··on of the Standin · Orders necessa.ry t o give effect to the recommendations of the Select Committee on the Standing Committee System, adopted by the Senate on 14th May, 1931 , be referred to t he Standing Orders Committee for consideration and renort.

The recommendations of the Select Committ ee are as follows :-1. (a) That a Standing Committee of the Senate, to be called the Standing Committee on Regulations a1 d Ordinances, be established.

(b) That all Regulations and Ordinances laid on the Table of the Senate be referred to such Committee for consideration and report. ·

(c) 'fhat such Standing Committee shall consist of seven Senators and shall .be a pointed at the commencement of each Session in the following manner :-( l) The Leader of the Government in the Senat·e shall, ,vi.thin · fou:v· days from the commence1 ent of the Session, appoint, in writing, 'f vr Senators

to be members of the Committee; and I

(2) The Leader of the Opposition in the Senate shall, within four days from the commencement of the Session, appoint, in writing, three· Senators to be members of the Committee.

(cl) That such Committee shall have power to send for persons, apers, and records, and that four memb rs shall form a quorum.

2. That the question of the procedure to be adopted in the Senate· as a result of the est ablishment of the Standing Committee recommended be referred by the Senate for the consideration of the Standing Orders Committee, with the following requests:-(a) That the tanding Orders be amended in such a manner a~ to facilitate the reference

of Bills to a S le t or Standing Committee.

(b) That provision be made for the appointment of such further Standing Committees a the enate ay from time to time desire to establish.

'lh ommit t also co idered the advisability of a proviso to Standing Order No. 133 dealing ·wi h th ' am ue tio ' . ·

our mmitt nov re ommend the amendment of certain of the existing Standing Order and pro i i n of ew tanding Orders as set out in the Appendix hereto.

WALTER KINGSMILL, Chairman.

oom ulv 31.

APPENDIX.

STANDING ORDERS.

AMENDMENTS AND ADDITIONS RECOMME NDED BY THE STANDING ORDERS COMMITTEE.

After Standing Order No. 36 insert the following new Standing Order, viz. :-" 36A.-(l.) A Standing Committee, to be called the Standing Committee on Regulations and Ordinances, shall be appointed at the commenceme_ nt ~f each Session.

(2.) The Committee shall consist of seven Senators chosen in the following manner:-(a) The Leader of the Government in the Senate shall, within four sitting days after the commencement of the Session, nominate, in writing, addressed to the President, four Senators to be members of the Committee. (b) The Leader of the Opposition in the Senate shall, within four sitting days · after the

commencement of the Session, nominate, in writing, addressed to the President, three Senators to be members of the Committee.

(3.) The Committee shall have power to send for persons, papers and records, and to sit d-q.ring Recess; and the quorum of such Committee shall be four unless otherwise ordered by the Senate.

(4.) All Regulations arid Ordinances laid on, the Table of the Senate shall stand referred to such Committee for consideration and, if necessary, report thereon. Any action necessary, arising from a report of the Committee, shall be taken in the Senate on motion after notice."

After Standing Order No. 37 insert the following new Standing Orders, viz. :-" 37A. Other Standing Committees may be appointed from time to time, on motion after notice, to consider and report on such subjects ~s may be decided upon by the Senate." "37B. The procedure to be adopted in the proceedings of Standing Committees shall be the same as that of Select Committees unless the Senate otherwise orders."

At the end of Standing Order No. 133 add the following proviso:-" Provided that this Standing Order shall not operate to prevent tlre proposal of a motion for the disallowance of a Regulation or Ordinance substantially the same in effect as that previously disallowed during the sam Session."

Standing Order No. 194-amend the Order by leaving out the words "or by referring the Bill to a Select Committee;". ·

After Standing Order No. 195 insert the following new Standing Orders, viz. :-" 195A. A Bill having been read a second time shall be considered in a Committee of the Whole Senate, or the Senate may first refer the Bill to a Select Committee or a Standing Committee." " 195B. When it is intended to move to refer a Bill to a Select Committee or Standing Committee the second reading may be moved proforma, and in such _case thee shall be no speech by the Mover and no debate : Provided that notice of intention to move pro f orma mu.st be given either at the time of fixing the date for second reading or not less than two clear sitting days before the date fixed for second reading, the same to be notified on the Notice-paper."

Leave out Standing Order No. 196 and insert the following new Standing Order-" When a Bill has been reported on by a Select Committee or a Standing Committee, a future day may be fixed for the next stage of the proceedings on the Bill."

Leave out Standing Order No. 197 and insert the following new Standing Order-" After the second reading, unless a motion (of which notice need not b~ given) be moved for referring the Bill to a Select Committee or a Standing Committee, or unless notice of Instruction has been given, the Senate shall forthwith resolve itself into a Committee of the Whole for the consideration of the Bill: Provided that when the second reading has been agreed to proforma, on the first occasion for consideration of the Bill in Committee of the Whole Senate the question shall be proposed ' That t his Bill be now committed ', and

such motion shall be open to debate as though it were a motion for second reading."

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