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Standing Orders Committee - Senate - Session 1903 - Special Report on Proceedings on Bills which the Senate may not amend, and on Appointment of Committee of Disputed Returns and Qualifications


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19 0 3.

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THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA.

TECE SEN"" .ATE_

SPECIAL REPORT

STANDING ORDERS COMMITTEE, ON

PROCEEDINGS ON BILLS WHICH THE SENATE

MAY NOT AMEND,

AND ON

APPOINTMENT OF COMMITTEE OF DISPUTED RETURNS

AND QUALIFICATIONS.

on the Table by th'! President, 4th Jnne, 1903.)

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l>rinted and Published for the GoYEit:"OIE:

255

1903

THE SENATE.

SPECIAL REPDRT FROM THE STANDING ORDERS COlVI}liTTEE.

The Standing Orders Committee have . the honour to report to the Senate as follows :-The practice during the last session concerning Bills which the Senate may not amend having proved satisfactory, your Committee recommended

that Standing Orders be framed to give eftect to such practice, and to settle the procedure as to other matters concerning such Bills. They therefore recommend that proposed Standing Orders Nos. 242 to 245, both inclusive, be eliminated from the Draft Standing Orders laid on the Table

on the 9th of October, 1901, and that the following Standing Orders be adopted in lieu thereof :-

PROCEEDINGS ON BILLS WHICH THE SENATE MAY NOT AJ\'IEND. 242. Bills which the Senate may not amend shall (unless otherwise ordered) after the second reading has been passed, be referred to a Com mittee of the whole.

243. All Messages from the House of Representatives in reference to such Bills which do not completely comply with the requests of the Senate (as originally made or as modified) shall (unless otherwise ordered), be referred to the Committee.

244. If a Message is returned from the House of Representatives completely complying with the requests of the Senate as originally made or as modified, the Bill, as altered, may be read a third time and passed. · 245. Upon the adoption of any report from the Committee, or of any

report as amended by the Senate, a message shall be sent to the House of Representatives requesting that House to make amendments in the Bill in accordance therewith, and returning the Bill. 246. The Senate may, after the Bill has been three times sent back

by the Senate to the House of Representatives and three times returned by that House, demand a free conference in reference to the Bill, and the proceedings thereon, and subsequent thereto, shall, as far as possible, be similar to proceedings on ordinary free conferences.

247. If the Senate and the House of H.epresentatives are unable to arrive at any agreement, the Bill, if in the possession of the Senate, shall be sent back to the House of Representatives. .

248. The Committee shall be empowere< l to recommend the Senate to make, press, morlify, and generally to deal with, requests on the Bill.

The proceedings in Committee shall he as follow : The Chairmr.n shall, unless otherwise ordered, call on each clause or item, and ask if any Senator has any rer1ucst to move thereon. If no motion for a rerrnest is movcrl, or moverl anrl negativer1,

the Chairman shall declare the clause or item passed. If motions for rcr1ucsts are moved all(l pas":cd, the ( ·imirman shall declare the clause or item passed, subject to the ref1uests being complied with. At the ref1uest of any Senator. any clause or item shall be divided.

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249. If the Bill is retvrned to the Senate by the House of Repre­ sentatives, with any request not agreed to, or agreed to with modifications, any of the following motions may be moved :-That the request be pressed.

That the request be not pressed. That the modification be agreed to. That the modification be not agreed to. That some other modification of the original request be made. That the request be not pressed, or agreed to as modified,

. subject to a request as to some other clause or item which the Committee may order to be re-considered being com­ plied with. 250. All resolutions of the Committee shall be reported to the Senate.

The Electoral Act having provided that petitions as to disputed returns under that Act are to be presented to a Court of Disputed Returns, proposed Standing Orders Nos. 38, 91, and 311 to 316 ought to be amended,and your Com­ mittee propose that, in lieu thereof, the following standing orders be adopted :--

38. A committee to be called "The Committee of Disputed Returns and Qualifications," to inquire into and report upon all questions as to the qualification of a Senator chosen or appointed in accord­ ance with section 15 of the Constitution Act, or as to the validity of such choice or appointment, and as to the vacation of his seat

by any Senator, shall be appointed at the commencement of each Session in the following manner :-(a) The President shall, within four days from the ment of the Session, lay upon the table his warrant

appointing seven Senators to be such Committee. (b) Unless disapproved of by a resolution of the Senate in. the course of four ( 4) sitting days next after the laying of the warrant on the table, such warrant shall take effect

as an appointment of such Committee by the Senate. 311. Any question against the choice or appointment of a Senator which can not, under the provisions of the Commonwealth Electoral Act, be brought before the Court of Disputed Returns,

may be brought before the Senate by petition. 312. Every such petition shall be lodged with the Clerk of the Senate within forty days after the President has laid on the table the certificate of the Governor of the State for which the Senator has

been chosen or appointed. 313. Struck out. 314. The sum of Fifty pounds shall be paid to the Clerk of the Senate at the time the petition is lodged with him as surety for the pay­

ment of costs by the petitioners in case the Senate decides that the petitioners shall pay costs to the respondent. 3L). If the above-mentioned conditions have been complied with, the Clerk shall so certify on the petition, and the President shall lay

the petition on the table. ·

316. Struck out;

and that Standing Order No. 91 be amended by leaving out the word "Elections," and inserting the words "Disputed Returns." _ In other respects your Committe recommend the Senate to agree to the proposed Stall(ling Orders laid on the table on the 9th October. 1901.

President'::; Hoom, 4th June, 1903. ····-···-- ·---- --------

H. C. BAKER., Chairman.

PrinteJ mc:l Publishcll for the GovERNMENT of the CoMMONWEALTH of AusTRALIA by RonT. S. BRAIN', Government Printer for the State of Victoria.