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Standing Orders Committee - Senate - Session 1908 - First Report


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THE PARLIAMENT 0-F THE COMMONWEALTH OF AUSTRALIA.

T3E3ZB SElsTATE.

F I R S T R E P O R T

FROM THE

STANDING ORDERS COMMITTEE-

AMENDMENTS AND ALTERATIONS RECOMMENDED.

L a id on the Table by the President, and ordered to be printed, 15th October, 1908.

[Cost of Paper.— Preparation, not given ; 750 copies ; approximate cost of printing and publishing, £4.]

Printed and Published for the G overnment o f the Commonwealth o f Australia bv J. K em p. Government Printer for the State of Victoria.

8 . l . — F. 13075.

135

The Standing Orders Committee held several meetings during last

Session, and having considered the whole of the Standing Orders, resolved

upon certain amendments therein. The present Committee, having further

considered the Standing Orders, have agreed to recommend certain further

alterations, which, together with those already agreed to, are appended

hereto.

W ith reference to the suggestion placed before the Committee as to

the ’desirability of extending Standing Order 60, in regard to Motions for

Adjournment, so as to permit of discussion on the same subject more than

once during any Session, your Committee is of opinion that the rule laid

down by Mr. President, in his ruling on the 21st August, 1907, should be

adhered to.”

A. J. OOULD,

C h a i r m a n .

President’s Room,

15th October, 1908.

A P P E N D IX .

STANDING OBDERS.

A M EN D M EN TS A N D A L T E R A T IO N S RECO M M EN D ED BY T H E ST A N D IN G O R D ER S C O M M ITTEE.

Existing Standing Order. Proposed Amendments.

[2 . par. (c) (first occurring). (c) The President shall then inform the Senate that His Excellency the Governor-General will at a future time declare the cause of his calling

Parliam ent together.

Leave out paragraph and insert— “ (c) H is Excellency the Governor-

General shall then be introduced by the Usher to the Senate Chamber.”

Add to S .O .;— Provided that if the first day of meeting of any Session of Parliament (after a periodical election for the Senate) shall occur before the date on which the

places of retiring Senators shall become vacant, the Senators elected to fill the vacant places shall not-m ake and subscribe the Oath or Affirmation of Allegiance or take

their seats before the first day of sitiing after the-expiration of the term of service of such retiring Senators.

Address-in-Reply.

11. The Speech having been reported by the Presi­ dent, a Motion for an Address-in-Reply to the Speech will then be made, and agreed to with or without amend­ ment.

After “ President” insert “ consideration thereof may he made an Order of the Day for a future day or Line 3, leave out “ w ill” insert' “ m ay ” .

Lines 3 and 4, leave out “ and agreed to with or without amendment.” '

Motion fo r Presenting Address.

12. A Motion will then be made that the Address be presented to His Excellency the Governor-General by the President and such Senators as may desire to accom­ pany him.

A t commencement insert “ The Address having been agreed to Line 1, leave out “ the A ddress” insert “ i t ”.

Governor-General's Reply Reported.

13. The President shall report to the Senate His

Excellency the Governor-General’s reply to their Address.

After “ Senate” insert “ the presentation of, and .

Only Format Business before Adoption, o f Address.

14. No Business beyond what is of a formal character Line 5, leave out “ and” (second occurring). shall be entered upon before the Address-in-Reply to the Governor-General’s Opening Speech has been adopted. Formal business which may be entered upon includes the fixing of the days and hours of meeting, and the appoint-

At end of S.O. add “ and any motion under Standing Order 351.”

ment of Standing Committees.

Vocation o f Office o f President.

15. Subject to section 17 of the Constitution, the office o f President shall become vacant on the 31st day of December following a periodical election, or on the date of any Proclamation dis olving the Senate. But if the place

of the holder of the office lias not. become vacant on the 31st day of December following the periodical election, the. office of President shall continue until the day next before the meeting of Parliament following such periodical ^ election. A periodical election shall be taken to mean , any election for the purpose of filling the places of the

Senators of either of the two classes mentioned in section 13 of the Constitution becoming vacant in terms of sucli last-mentioned section.

Leave out “ 31st day of December” and insert “ 30th day of J u n e ” in each case.

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Proposed Amendments. E xisting Standing Order.

Chairman o f Committees.

26 ...

Standing Committees.

33. ... ... ... ...

Chair tahen, or Senate adjourned fo r want o f a Quorum.

51. The Chair shall be taken and prayer read at the time appointed on every day fixed for the meeting of the Senate ; but if, at the expiration of five minutes after that time, the bells having been again rung for two

minutes, there be not a Quorum* of at least one-third of the whole number of Senators, the President shall adjourn the Senate to the next sitting day ; the names of the

Senators present, in either case, being entered in the J ournals.

Senate adjourned for want o f a Quorum.

■ Day. fixed for Second Reading.

184. A fter the F irst Reading, a future day shall be appointed for the Second Reading of the Bill.

Amendments to such Question· 186. Amendments may he moved to such Question by leaving out “ now ” and adding “ this day six months,” (which, if carried, shall finally dispose of the Bill) ; or the

Previous Question may be moved.

Committal.—Instruction.

] 83. A fter the Second Reading, unless it be moved, “ That this Bill be referred to a Select Committee,” or unless Notice of an Instruction has been given, the Senate shall forthwith resolve itself into a Committee of the Whole for the consideration of the Rill.

189. ... ... ... ... ... —

190. ... ... ... ... ... ...

Clauses Postponed.

198. Any clause may be postponed unless the same has already been amended.

Leave out “ 31st day of December ” insert “ 30th day of June.” [T he alterations in S.O.’s 15 and 26 are conse­ quential on the terms of the Constitution

Alteration (Senate Elections) A ct.]

Add to S.O.:— (.c) Such Committee shall have power to send for persons, papers, anlh

records. The President shall fix the time for the first meeting o f the Committee. Four to form a quorum. ■New S.O. 42a. For the purposes of section

20 of the Constitution, a record shall be kept in the Journals each day of Senators who fail to attend at some time during the Sitting. New S.O. 49a. The bell shall be rung for

five minutes prior to the President taking the Chair.

Lines 7-9. Leave out “ the names of the

Senators present in either case, being

entered in the Journals.”

New S.O. 58a. If the Senate be adjourned for want of a Quorum either before nr after the commencement of business, the names of the Senators present shall be entered in the

Journals.

Add to S.O., “ and the Bill shall, in the mean­ time, be printed.” .

Line 3, after “ Bill,” insert “ or to refer the

Bill to a Select Committee.”

New’ S.O. 187a. W hen a Bill has been

reported on by a Select Committee, a future day may be fixed for the Second Reading.

Leave out “ unless it be moved ‘ That this

Bill be referred to a Select Committee,’ or ”

New S.O. 188a. W hen a Bill has been re­ ferred to a Committee of the Whole by the Senate, no question shall be raised in the Committee as to any of the provisions of

the Bill as so referred being properly before the Committee.

Leave out. Leave out.

Leave out “ unless the same has already been amended ” , insert “ wliether the same has already been amended or not.’

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Existing Standing Order.

Certificate o f Chairman o f Committees.

208. Before any Bill shall be read a T hird Time, the Chairman of Committees shall certify in writing that the fair print is in accordance w ith the Bill as agreed to in Committee and R eported; and the President shall

announce that the Chairman has so certified.

Stages at which Requests may 6t made.

On Adoption o f Report Message to be sent to House of Representatives.

241. Upon the adoption o f 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.

Debate- Confined to Present Question.

405. No Senator shall digress from the subject-matter of any Question under discussion ; nor anticipate the discussion of any subject which appears on the Notice Paper.

Proposed Amendments.

Amend by inserting after “ Bill,·” in the first line, the words “ (except a Bill which the Senate may not amend ) ” New S.O. 224a. I f (whether in addition to

amendments or not) requests for amendments in the Bill shall have been made, such re­ quests, together wiih the amendments (if any), shall, upon the conclusion of the

Committee’s proceedings, be reported to the Senate, and upon the adoption of the Report, a message shall be sent to the

House of Representatives, informing that House of the amendments (if any) made by the Senate, and requesting the House to make amendments in the Bill in accordance with

the requests, and returning the Bill. Upon the disposal of such requested amendments, as provided in Standing Orders 240 to 246, inclusive, the Bill shall be read, a third time, and thereafter the procedure in respect to amendments shall be followed.

New S.O. 224b. I f any Bill received from the House of Representatives, in which the Senate has made amendments, be returned by the House .of Representatives with a

suggestion that any of such amendments should be made the subject of a request by the Senate in accordance with Section 53

of the Constitution, the Senate may forth­ with, or on a future day, take such message into consideration in Committee; and if any

requests for amendments are made, the Bill shall be returned to the House of Repre­ sentatives with a message requesting that House to make such requested amendments. In dealing with any such requests the same

procedure shall be followed as is laid down in Standing Orders 240 to 246 inclusive. A fter such requests have been disposed of, if the amendments of the Senate have not been agreed to, the procedure in respect to

amendments shall be followed. *

New S.O. 240a. The stages of a Bill at

which requests to the House of Represen­ tatives may be made shall be :— (1) In Committee after the second

reading has been agreed to ; or (2) On consideration of any Message from the House of Representatives in reference to such Bill ; or (3) On the third reading of the Bill.

Line 2, after “ Senate,” insert “ recommending requests for amendments

: New S.O. 393a . A Senator may, by leave, ; continue his speech on a subsequent day, : and if such leave be granted the Debate

i shall thereby stand adjourned.

■ Add to S O. :—Provided that, this Standing i Order shall not prevent discussion on the Address-in-Reply of any matter, and pro­ vided farther that if a period of four

j weeks shall have elapsed since any Notice of Motion or Order of the Day was first placed on the Business Paper, and no

debate thereon shall have been initiated, the rule as to anticipating discussion shall ; have no effect in relation to such Motion

I or Order.

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Existing Standing Orders. | Proposed Amendments.

Objection to Ruling o f the President.

415. I f any objection is taken to the ruling or decision of the President, such objection must be taken at once, and in waiting, and Motion made, which, if seconded, shall be proposed to the Senate, and Debate thereon forthwith adjourned to the next sitting day, unless the m atter requires

immediate determination.

Line 5, after “ unless,” insert “ the Senate decides on motion, without debate, that Line 5, leave out “.m atter”, insert “ question Add to S .O .:—Provided that the. President

shall be entitled to put the Question when Debate on any such Motion shall have exceeded one hour, and that no Senator . shall, without leave, speak to such Motion for more than fifteen minutes.

New S .0 .4 1 5 a. Upon a Queslion of Order being raised, the Senator called to Or 'er shall resume his seat, and after the Question of Order has been stated to the President

by the Senator rising to Order, the President may give his decision thereon, or lie may first hear further argument thereon, at his discretion.

Re-arrange Numbers o f the following Standing Orders.

i

244 to be 241 241 „ 242

242 ,, 243

245 „ 244

*246 „ 215

243 „ 246

C. B. BOYDELL, Clerk of the Senate.

Printed and Published for the G overnment o f the Commonwealth of Australia bv J. K emp, Government Printer for the State o f Victoria.