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Standing Orders Committee - Senate - Session 1901-2 - Third Report (Proposed Standing Orders agreed to by the Committee)


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1901.

THIRD REPORT OF THE

STANDING ORDERS COMMITTEE, TOGETHER WITH THE

PROCEEDINGS OF THE COMMITTEE,

A

MEMORANDUM OF THE CHAIRMAN,

AND A

COPY OF THE PROPOSED STANDING ORDERS AS AGREED TO BY THE COMMITTEE.

Laid upon the Table by the President, and o1·dered to be JYrinted, 9th October, 1901.

Printed and Published for the GovERXliiEX'r of the CoMMOXWEALTH of AusTRALIA by RoBT. S. BnAIN, Government Printer for the State of Victoria. L 7.-F. 11991.

19 01.

THE SENATE.

REPORT FROM STANDING ORDEHS COMMI'f'fEE.

The Standing Orders Committee have the honour to report to the Senate as follows:-That they have held eleven meetings, and have very carefully considered the Draft Standing Orders referred to them by the Senate.

That they have re-arranged the original draft of the proposed Standing Orders, and have redrafted several of the chapters.

That, pursuant to leave granted, they have communicated with the Standing Orders Committee appointed by the House of Represen­ tatives, with a view to secure uniformity, so far as possible, in the Standing Orders of the two Houses ; and this result has been

arrived at in most cases.

That they recommend the Senate to agree to the proposed Standing Orders as finally settled.

President's Room, 27th September, 1901.

A 2

R. C. BAKER, Chairman.

MINUTES OF PROCEEDINGS;

FRIDAY, 7TH JUNE, 1901.

President's Room.

At a meeting of the Committee held this

Present:

The President (Sir R. C. BAKER).

Senator Sir J. W. Downer, Senator Dobson,

Senator Gould, Senator Higgs.

The Clerk laid before the Committee the record of its appointment.

ExtTact fTom th e Journals of the Senat e, of Wednesday, 5th June, 1i'J01. ll. STANDING ORD ERS CoMMIT1'EE.-The Postmaster-General , by leave o£ t he Seriate, a nd iLt the request of the Vice-President of the Executive Council, who was unavoidably absent; pursuant to notice, having amended Notice of Motion No. 7, moved; That the Standing Orders Committee be

appointed, co nsisting . of the Honorable the President, the Chairman of Committees, Senatore O'Connor, Gould, Slr John Downer, Sir ·w. A. Zeal, Dobson, Higgs, and Harney; five to be the quorum. Question-put and passed. Resolved-That the President do take the Chair as Chairman of the Committee.

The Draft Standing Orders, laid on the Table 23rd May, by the Vice-President of the Executive Council, and ordered by the Senate to be printed were considered, and the President suggesting a better arragement of certain chapters and rules, The Committee deliberated.

Resolved-That the Rules and Suggestions respecting Money Bills, as appearing in the Draft Standing Orders laid on the Table on lOth May, with a :further ptovision foi· a Free Conference between the Houses, be inserted in the present draft. The same to be re-printed with the re-arrangement suggested by the President,

The Committee adjourned till 11 a.m. Thursday, 13th June.

R. C. BAltER, Chairman.

WEDNESDAY, 12TH JUNE, 1901.

At a meeting of the Committee, held this day-specially convened­

Present :

The PRESIDENT,

Senator Sil' J. W. Downer, Senator Sir W. A. Zeal, Senator Dobson,

in the Chair ;

The minutes of the last meeting were read and confirmed. The Comtl:iittee deliberated.

Senator Harney, Senator Higgs.

And the question of the appointment of a Chairman of Committees arising­ Resolved-That the Committee do not make any report at present t o the Senate.

Committee adjourned till to-morrow, at 11 a.m., at the President's room.

R, C. BAKER, Chairman.

Vl

THURSDAY, 13TH JUNE, 1901.

At a meeting of the Committee, held this day­

Present:

The PRESIDENT, in the Chair ;

Senator Sir J. W. Downer, Senator Dobson, Senator Harney,

The minutes of the last meeting were read and confirmed.

Senator Higgs, Senator Gould.

Resolved-That the question of revising the draftsmanship of the Standing Orders six'1nd over till the Standing Orders have been gone through. Resolved- That the procedure in considering the draft Orders be that adopted in Committee on a Bill.

The Committee proceeded to cons;ider the draft Orders.

CHAPTER I.

Amended by leaving out, in line 5, "at the time of the adoption of these Orders," and inserting in lieu thereof "on the 1st day of January, 1901"-and agreed to.

CHAPTER II.

Postponed.

CHAPTER III.

Standing Order 31-Amended by adding "Such motion shall be seconded by some other member "-and agreed to. Standing Orders 32 to 40-Agreed to. Standing Orders 41 to 45-To be Chapter IV.

Standing Orders 41 to 43-Agreed to. Standing Order 44-To be left out of Chapter IV., and become a new Order to follow Order 167 as 167 A. Standing Order 45-Agreed to.

CHAPTER IV.

Standing Orders 46 to 49-Agreed to.

CHAPTER v.

Standing Order 50-Agreed to. Standing Orders 51 and 52-Amended by inserting after "with" in penult line in each Order "or sit as a joint comm ittee with "-and agreed to. Standing Order 53 amended by leaving out "five," in line 1, and inserting "six" in lieu thereof­ and agreed to.

CHAPTER VI.

Standing Order 54-Read. Amendment to leave out last word, "President," and insert "Clerk" in lieu thereof. Question- That the word proposed to be left out stand part of the Order-put. Committee divided-

AYES-2. NoEs-3.

Senator Dobson, Senator Sir J. W. Downer,

"

Gould. , Harney,

, Higgs.

Question-That the word proposed to be inserted be inserted-put and passed. Standing Order, as amended, agreed to. Standing Order 55-Agreed t o.

CHAPTER VII.

Standing Order 56-Amended by leaving out all the words after "oath," in penult line, viz., "and the members elected at the same time shall be placed on the roll "-and agreed to. New Standing Order 56A-Inserted, to follow 56, viz.:-" 56A. Whenever Senators have been divided into two classes under Class of Senators

the provisions of section 13 of the Commonwealth of Australia Constitution entered on roll. Act, the President shall enter on the roll opposite the name of each Senator the class to which he belongs." Standing Orders 57 -60-Agreed to. Standing Orders 61-63-Agreed to, to form Chapter IX. Standing Orders 64 and 65-Agreed to. Standing Orders 66 and 67-Amended by leaving out "a quorum of members," and inserting in lieu thereof "at least one-third of the whole number of the Senators."

Standing Order 66-Agreed to;

vii

Senator Dobson moved-That Standing Order 67 be further amended by inserting after" present," in penult line, " the bells shall be rung for two minutes, and the President shall then count the House and if no quorum then shall be present." Question- That the words proposed to be inserted be inserted-put.

Committee divided-AYEs-4. NoEs-1.

Senator Dobson, Senator Higgs.

, Sir J . W. Downer,

, Gould,

, Harney.

Resolved-That Standing Orders 67 and 68 be re-drafted, in terms of above amendment. Standing Orders 69, 70, and 71-Agreed to. Committee adjourned till 11 a.m. Thursday, 20th June.

TUESDAY, 20TH JUNE, 1901.

At a meeting of the Committee, held this day­

Present:

The PRESIDENT, in the Chair ;

R. C. BAKER, Chairman.

Senator Dobson, Senator Sir J. W. Downer, I

Senator Harney, Senator Higgs.

The minutes of the last meeting were read and confirmed. The question referred to the Committee of framing a Standir:.g Order providing that the proceed­ ings of the Senate be opened daily with Prayer, was considered. R esolved-That the Committee recommend-" That t!Je Pmyers adopted by the House of

Representatives be adopted by the Senate." The Committee considered the question of the appointment of a Chairman of Committees of the Senate. Resolved-That the Committee recommend the appointment of a Chairman of Committees of the Senate for the Session.

Standing Order 72-Amended and agreed to. Standing Order 73.--Senator Dobson moved an amendment, to omit "four" in the last line, and insert "two." Question-That "four" stand.

AYES- 1. NoEs-3.

Senator Higgs. Senator Dobson,

, Sir J. W. Downer,

, Harney.

" Two " inserted, and the Standing Order as amended agreed to. Standing Order 7 4-Agreed to. Standing Order 75-0mitted, and the following Standing Order agreed to in place thereof:­ "75. Any of the following motions may be moved at any time by a Minister of the

Crown:-(a) That the Senate at its rising adjourn till some unusual day and hour to be stated. (b) That the Senate do now adjourn. (c) That the sitting of the Senate be suspended." Standing Orders 76-7-Agreed to. Standing Order 78-0mitted, and the following Standing Order agreed to in place thereof:--

"No new business shall be taken after 11 o'clock at night." Standing Orders 79-83-Agreed to. Standing Order 84-Agreed to, to be made Standing Order 86. Standing Order 85- Agreed to. Standing Order 86- Agreed to, to be made Standing Order 84.

Standing Orders 87 - 98-Agreed to. Standing Order 99-Amended, by inserting at the end of line 3-" (m) That the petition be printed." The Order having been further consequentially amended, was agreed to.

Standing Orders 100-1-Agreed to. Standing Order 102-Amended by inserting, in line 2, after "offered," "nor inference nor imputation made "-and agreed to. Standing Orders 103-11-Agreed to.

Standing Order 112-Agreed to, to follow Standing Order 124. Standing Orders 113-19-Agreed to. Standing Order 120-Amended by omitting, in line 3, "as Lapsed Business "-and agreed to.

viii

Standing Order 121-0mitted, and the following Standing Order agreed to in place thereof:-" 121. A motion directly concerning the privileges of the Senate, or of any Committee or member thereof, which has arisen since the last sitting of the Senate, may be moved, without notice, and shall, until decided, unless the debate be adjourned, suspend the consideration of other motions as well as Orders of the Day." Standing Order 122- A grced to. Standing Order 12 3-0rnitted. Standing Order 12±-0mit t ecl, and the following Standing Order agreed to in place thereof:-

" 124. A Senator on being requested, in writing, by the Senator who has given notice may move the motion of which notice has been given. " Standing Order 125-Amended, by omitting "may " and inserting "shall"- and ngreed to. Standing Orders t o.

Standing Order 1;32-Amended, by omitting " H ous e " n,nd inf>etting "President"-::md agreed to. Standing Orders to.

Standing Order 135- Amended by omitting "This St anding Order shall not be suspended," and inserting "unless the order, resolution, or vote on such quest.ion has been read and rescinded "-and agreed to. Standing Order 136-Amended as follows:­

Line 1, omit "a" and insert "an order." Line 2, after "such" insert "order." Line 5, at end of line add "in favour of the motion." '--and agreed to.

Standing Orders to.

The following Standing Orders, adopted from the Queensland Legislative Assembly Orders, were agreed to:-" .Before the Senate proceeds to theN otices of M otion or Orders of the Day, Mr. President shall inquire from the Chair, with respect to each Motion of which business.

notice has been given for the day, and each Order of the b ay .for the third

reading of a Bill, whether there is any objection to its being taken as a Formal Motion or Order; and if upon such inquiry being made from the Chair, no objection is taken by any member, the Motion or Order shall be deemed to bs a 1\Iotion or Order.'1

"Formal motions n.nd orders shall take precedence of all other Motions To take precedence. and Orders of the Day, and shall be disposed of in the r elative order in which they stand on the Business Paper. " .

"No amen dment or debate shall be allowed on a Formal Motion or Order of the Day, or upon the further proceedings following the third reading of a Bill allowed. which is a Formal Order, but the Senate may proceed to a division thereon as in other cases."

" The disposal of Formal Motions and Orders shall not prevent any business from being done, which is required to be done, before the House proceeds to the Notices of Motion dr Orders of the Day." Resolved-That the Committee recommend that the quorum of the Committee be reduced to four.

Adjourned to Thursday next, at 11 o'clock a.m.

R. c. BAKER, Chairman.

'l'HURSDA Y, 27TH JtTNE, 1901

At a meeting of the Committee, held this day­

Present:

The

Senator Dobson, Senator Sir J. W. Downer, Senator Gould,

PRESIDENT, in

I

I

the Chait; Senator Harney, Senator Higgs, Senator O'Connor.

The minutes of the last meeting were read; amended; and confir:rned. Standing Order 139-Agreed to. Standing Order 140- Amended, by the omission of the last two words-and agreed to. Standing Orders to.

Standing Order 159-Amended to read as follows:-" The Previous Question supersedes the Main Question, and all amendments thereon, but in debating it the Main Question and all amendments may be debated" --and agreed to.

Standing Orders to. ,

Standing Order 163-Amended, by omitting the word "lapsed "-and agreed to. Standing Order 164-0mitted. Standing Order 165-Agreed to.

IX

Standing Order 166-Amended as follows:-After "day," in line 1, insert "or some other Senator at his request;" after "discharged," in line 2, omit "and " and insert "or." -and agreed to.

Standing Order 167-Agreed to. New Standing Order-Agreed to, to follow Standing Order 167 A (originally 44) :-" l 67n. The President or the Chait·man of Committees may vote in their seats by stating to the Senate or to the Com mittee whether they vote with the 'Ayes' or with the 'Noes.' "

Standing Orders 16 8-l 7 4-Agreed to. Standing Order 175-Amended, to read as follows:-" 175. Every Senator present withiri the Bar when the Question is then stated, except the President when he is in the Chair, or the Chairman of Committees in the Chair of Com­

mittees, shall vote."

-and agreed to. Standing Ordet 176-Amended, to read as follows (but to be re-drafted):-"176. After tho tellers have been appointed Senators shall take seats, and shall not remove therefrom until the division has been completed. E very Senator shall then be

counted, and his name taken down by the teller on either side, who shall sign his list and present the same to the President, who will declare the result to the Senate." -and agreed to. Standing Orders 177-184- Agreed to.

Standing Order 185-Amended, by placing the following words at the commencement thereof :-"In all Bills which the Senate may not amend "-and agreed to. New Standing Order 185A-Agreed to as follows :-" 185A. No Bill shall be read a first time, unless the same be in print."

Standing Order 186-Agreed to. Standing Order 187-Amended, by omitting at the end thereof "and the Bill shall meanwhile be printed"-and agreed to. Standing Orders 188-95- Agreed to.

Standing Order 196-Amended, by making sub-section (1) read:-­ " Clauses as printed and new clauses;" Omitting sub-section (3); and Re-numbering the other sub-sections. -and agreed to.

Standing Orders 197-210- Agreed to. Standing Order 211-Amended, by omitting, in line 2, the words " motion made " and inserting "the motion is carried"-and agreed to. Standing Orders 212-17-Agreed to.

Adjourned to Thursday next, 4th July, at 10.30 o'clock a.m.

TRURSDAY, 4TH JULY, 1901.

it. C. BAKER, Chairman.

At a meeting of the Committee held this day­

Present:

The PRESIDENT, in the Chair;

Senator Best, Senator Dobson,

I

Senator Gould, Senator Higgs .

Senator Sir J. W. Downer, The minutes of the last meeting were read and agreed to. Standing Orders 218-236- Agreed to. Standing Order 237-Struck out. Standing Order 238-Read. Senator Sir John Downer moved an amendment, viz.:-

To leave out in line 3 "second and." Question- That the words proposed to be omitted be omitted. Committee divided-AYES- 3.

Senator Sir J. W. Downer, , Gould,

, Higgs.

NoEs- 2.

The President, Senator Dobson.

Standing Order to be drafted providing generally for a call of the Senate before the third reading of any Bill altering the Constitution. Standing Order 239-Amended, by leaving . out, in line 3, "six " anrl inserting "eight" in lieu thereof; and in lines 3 and 4 "Clerk of t he P arliaments" and inserting in lieu thereof "President"­ and agreed to,

t • •) ( .J \

X

Standing Orders 240-44-Agreed to. Standing Orders 245-50- Struck out. Standing Orders 251-61-Agrecd to. Standing Order 262-To be re-drafted. Standing Orders 263-331-Agreed to. New Standing Order 331A-To be drawn, providing that before a Joint Committee is appointed an agt·eement be made with the House of Hepresentatives as to an equal number of members.

Standing Order 332-Agreed to. Standing Order 333-Struck out. Standing Order 334-Amended, by inserting after "by," in line 2, "one of "-and agreed to. Standing Order 335-Amended, by inserting before "ballot," in line 1, "any"; and leaving out in liHf-'l 2 and 3 "for any Committee "-and agreed to.

Standing Order 336-Amended, by leaving out, in lines 3 and 4, "not including the mover " ; and by ic-n>ing out, in line 7, "exclusive of the mover"; and by leaving out, in lines 10 and 11, "exclusive of the mover"; and by leaving out, in line 12, "together with the mover "-and agreed to. Standing Order 337-Amended, by leaving out, in line 2, "before the Senate" and inserting in lieu thereof "upon the Table "-and agreed to.

Standing Orders 338-39-Agreed to. Standing Order 340-Amended, by inserting after "Statute," in line 2, "by the President"­ and agree:J to. Sta,nding Orders 341-42-Agreed to.

New Standing Order-To be drafted providing that a paper quoted by a private member may be ordered by the Senate to be laid on the Table. Standing Order 343-Agreed to. Standing Order 344-Siruck out.

Standing Orders 345-386- Agreed to. Standing Order 387-To be re-drafted with Standing Order 389. Standing Orders 388-390-Agreed to. Standing Order 391-Struck out. Standing Orders 392-99-Agreed to. Standing Order 400- Amended, by leaving out, in line 2, "any member thereof," and inserting in lieu thereof "any House of a State Parliament or any member of any such Houses "-and 1tgreed to.

Standing Order 401-Agreed to. Standing Order 402-Amended, by leaving out, in line 2, "or matter in discussion "-and agreed to. Standing Order 403-Amended, by leaving out, in lines 4, 5, and 6, "or the taking up of time by & speech of such unwarrantable length as to obstruct the business on the part of a Senator "-and

agreed to. Standing Orders 404-407 -Agreed to. Standing Order 408--Amended, by leaving out, in line 2, "at any time arising shall" and insert-ing in lieu thereof "which have arisen since the last sitting of the Senate "-and agreed to.

Standing Order:; 409-417-Agreed to. At 1 p.m. the Committee suspended its sitting until 7.15 p.m. At 7.15 p.m. the Committee resumed.

Standing Order 418-Amended, by leaving out, in line 2, "by having either" and placing the initial paragraph at the end of the Order; and by inserting before paragraph (a) "I£ any member"; and in paragraphs (a), (b), (c), (d), and (e) converting the pa::;t tense into the present-and agreed to. Standing Order ,1.19-Amended, by leaving out, in line, 1 "either" and inserting "any "-and agreed to.

Standing Order 420--Agreed to. Standing Order 421--Amended, by leaving out, in line 1, "under these Orders "-and agreed to. Standing Orders 42:l-25-,-Agreed to. Standing Order 426---Amended, by leaving out, in last two lines, "receive orders for commitment or discharge," and inserting in lieu thereof "to be dealt with by the Senate "-and agreed to.

Standing Order out.

Standing Order 428-Agreed to.

CHAPTER XXXII.

Heading-Amended, by out "duration and."

Standing Order 429-Struc k out. Standing Order 430-Amen .led, by leaving out, in line 3, "for the day's sitting "-and agreed to. Standing Orders 431-32-Ai:-(reed to.

J OIN'l' STANDING ORDERS.

"Acts to be numbered consecutively to.

DrsAGREEJIIENT BETWEEN THE HousEs.

Paragraph (a)-Agreed to. Paragraph (b)-Amended, by leaving out "Clerk of the Parliaments" m line 1, and inserting in lieu thereof "Member chosen to preside "-and agreed to. Adjourned till Thursday, 11th July, at 10.30 a.m.

R. C. BAKER, Chairman.

XI

'l'HURSDAY, llTII JULY, 1901.

There being no quorum, The PRESIDENT directed the Committee to be summoned for Thursday, 18th July, at 10.30 a.m.

E. G. BLACKMORE, Clerk of the Parliaments.

THURSDAY, 18TH JULY, 1901.

At a meeting of the Committee held this day-Present:

The PRESIDENT, in the

Senator Best, Senator Dobson, Senator Sir J. vV. Downer,

Chair; Senator Gould, Senator Harney, Senator O'Connor.

The minutes of the meeting held 4th July, 1901, were read and confirmed.

The following Standing Orders were reconsidered :-Standing Order 1-Amended, by inserting after "or" in line 3 "after"; and by leaving out paragraphs (g) and (h) and inserting "The writ of election of each Senatot·, with the return indors£·d thereon, having been previously delivered to the Clerk, shall by him be laid on the Table, and Senators may then make and subscribe the oath or affirmation of allegiance in the form set forth in the Schedule

to the Constitution "-and agreed to. Standing Order 2-Amended, by inserting after "or" in line 3 "after"; and by leaving out paragraphs (d) and (e) under Provisions "If there be a President," and (e) and (/) under Provisions "If there be no President," and inserting in lieu thereof in each case-" The writ of election of each Senator

elected since the last sitting of the Senate, with the return indorsed thereon, having been previously delivered to the Clerk, shall by him be laid on the Table, and each Senator may then make and subscribe the oath or affirmation of allegiance in the form set forth in the Schedule to the Constitution "-and agreed to.

Standing Order 16-Reconsidered, and agreed to. Standing Order 35-Reconsidered, and agreed to. Standing Order 41-Reconsidered, and to be re-drafted, in terms of report of Committee to Senate.

Standing Order 43-Reconsidered, and amended, by inserting after "constituted," in penultimate line, " by the Senate or "-and agreed to. Standing Order 46-Reconsidered, and agreed to. Standing Order 56-Reconsidered, and amended, by adding the words "or affirmation of

allegiance "-and agreed to. Standing Order 72-Reconsidered. Senator Gould moved an amendment, viz., after "given," in line 4, to insert "and Questions answered."

Question--That the words proposed to be inserted be inserted-put. Committee divided-AYES-3. NoEs-3.

Senator Best, The President,

, Dobson, Senator Sir J. W. Downer,

"

Gould. , Harney.

The number of the Ayes and Noes being equal, The President gave a casting vote with the Noes. Standing Order 72-Agreed to. Standing Order 73- To be re-drafted, so as to provide time limits, viz., 30 minutes for the mover and to one Minister in reply, and 15 minutes for each other speaker and the mover in reply, the

whole debate not to exceed three hours. Standing Order 75A--Struck out, and new Standing Order to be substituted therefor:-" That any Motion connected with the conduct of the business of the Senate may be moved by a Minister of the Crown at any time without notice."

Standing Order 76-Reconsidered, and amended, by inserting in line 1, after "shall," the words " unless otherwise ordered "--and agreed to. Standing Order 78-Reconsidered, and amended, by leaving out the word "taken" in line 1, and inserting in lieu thereof "commenced," and by leaving out in line 1 "eleven" and inserting in lie-u

thereof the words "half-past ten "-and agreed to,

xu

Standing Order 79-Reconsidered, and agreed to. Standing Order 81-Reconsidered, and amended, by inserting after "written," in line 1, the word "typed "- and agreed to. Standing Order 94-Reconsidered, and amended, by leaving out "with," in line 3, and inserting in lieu thereof "together with a statement of "-and agreed to.

Standing Order 95-Reconsidered, and amended, by leaving out, in penult line, "branch of the "-and agreed to. Standing Order 100-Reconsidered, and amended, by leaving out, in lines 3 and 4, the words "and that such action will be taken within seven days "-and agreed to.

Standing Order 113-Reconsidered, and agreed to. Standing Order 124A-Reconsidered, and amended, to read as follows:-"If a Senator, or some other Senator requested by him, fails to rise and move a Motion of which Notice has been given, it shall be withdrawn from the Notice

Paper."

-and agreed to. Standing Order 135-Reconsidered, and amended, by inserting after "Question," in line 2, and in last line "or amendment "- and agreed to. Standing Order 138-Reconsidered, and agreed to.

Standing Order and amended, by leaving out; in line 3, ''from the Chair,"

and in lines 7 and 8 by leaving out "upon such inquiry being made from the Chair "-and agreed to. Standing Order 138n- Reconsidered, and amended, by leaving out all the words after "Day," in line 2, down to and including "Order," in line 3- and agreed to. Standing Order 148-Reconsidered, and amended, by inserting after "amendment," in line 2,

"to the Original Question"; and by leaving out "Main " in penult line, and inserting "Original " in lieu thereof- and agreed to. Standing Order 151-Reconsidered, and consequentially amended by substituting "Original" for "Main "-and agreed to.

Standing Order !56- R econsidered, and amended, by inserting after "Question," in line 3, ''and any amendment thereon " ; and leaving out in penult line "amendment or"- and agreed to.

Committee adjourned till Thursday, 25th July, at ll a.m.

THURSDAY, 25TH JULY, 1901.

At a meeting of the Committee held this

Present:

The PRESIDENT, in the Chair;

R. C. BAKER, Chairman.

Senator Best, Senator Dobson,

Senator Sir J. W. Downer.

The minutes of the last meeting were read and confirmed.

The following Standing Orders were reconsidered :-Standing Order 16 7-Amended, by inserting after " President," in line 1, " and the Chairman of Committees," and by inserting after "shall," in line l, "respectively "-and agreed to. Standing Order 44-Struck out.

Standing Order 167n-Amended, by leaving out trom line 2, "in their seats "-and agreed to. Standing Order 169-Amended, by adding, "until the division has taken place "-and agreed to. Standing Order 175-Amended, by leaving out, in line 2, "then/' and in lines 2 and 3, "in the Chair "-and agreed to.

Standing Order 185-Amended, by leaving out, in line 1, "in, " and in inserting "as to" in lieu thereof-and agreed to. Standing Order 185A- Transposed t o follow after Standing Order l85B.

Standing Order 194-Struck out, and the following inserted in lieu thereof :-" 194. When a Bill or other matter has been par tly considered in Committee, and the Chairman has been directed to report p:rogress, and ask leave to sit again, and the Senate has ordered that the Committee shall sit again on a particular day, the President, when the Order of the Day for the further consideration in Committee has been read, shall forthwith leave the Chair without putting any Question, and the Senate thereupon resolve itself into such Committee."

xiii

Standing Order 240-Amended, by leaving out in line 5, " proper officer," and inserting " Clerk of t he Parliaments" in lieu thereof-and agreed t o. St anding Order 2G l -Amended, by before t he ·w ord "the," "except as provided by

t hese Sbnding Orders," and by leavin g out, in line l, " the," sccoml oceurring, am! inserting " deba.te, procedure, anJ the general " in lieu thereof-and. agr eed to. Sta,ndi ng Order 280-·Amendcu , by lcavi11g out, in line 2, "five," and insert ing " unless otherwise ordered, fou r," in lieu t hereof ; and by leaving out, in lines 2 and 3, " but where no quorum is appointed,

all t he Sena,t ors shall utteml "-aml agreed to. Standing Ordcl· 28:3- Amemlcd, uy leaving out, in lin e "only, " and "casting vote," and inserting "dcliberat iYe vote only. \ Vhen t he votes a re equal Question shall pass in t he negative "-tm d agreed to.

Standing Ordet· 29 2- Amended, by leaving out in line l , "strangers, or "- and agreed to. Standing Order ,L25-Amended, by leaving out, in line 1, " is, " and inserting " shall be" in lieu t hereof-and agr eed to. Standing 0 1·der 73-Aguin reconsidered, and struck out , and t he fo llowing added t o Standing

Order 72 in lieu thereof:-" In speuking to such motion the .Mover and the Minist er fi rst speaking shall not exeeed t hirty minut es each, and any other Sena.tor, or the mover in reply, shall not execed fifteen minut es each, and every Senator shall confine himself t o t he one subject in respect to which the Motion hus been made. Provided t hat the whole discussion on the subject shall

not exceed thr ee hours."

Resol·ved-That leave be obtained for the Stuncling Orders Committee to confer with t he Standing Orders Committee of t he House of R epresentatives, a nd t hat copies of the Standing Orders of t he Senate as settled by the Standing Orders Committee be forwurded to the Chairmun und members of the Standiug Orders Committee of the H ouse of R epresentatives.

Committee adj ourned till again summoned by the President.

THURSDAY, 5TH SEPTEMBER, 1901.

At a meeting of the Committee held this day-Present :

The PRESIDENT in the Chair ;

R. C. BAKER, Chairman.

Senator Best, Senator Dobson, Sen ll.tor J. IN. Downer,

Senator Gould, Senator Higgs, Senator O'Connor.

The minutes of the last meeting were r ead and confirmed.

The following Stu,nding Orders we re again considered :­ Standing Order 1-Struck out. Standing Order 17-Amended, and agreed to. Standing Order 26-Amended, and agreed t o.

Standing Order 27-Struck out. St anding Order 30-Amended, and agreed t o. Standing Order 31- Struck out. Standing Order 38-Amended, and agreed t o.

New Standing Order 39A-lnserted, to follow Standing Order 39 . N ew Standing Order 50A- I nserted, t o follow Standing Order 50. St

Standing Orders 124-127-Brought forward to follow Sta nding Order 64. Standing Order lOS-Amended, and agreed to. Standing Order 13 7- Amended, and agreed t o. New Standing Orders l37A and 137B-lnserted, to follow Standing Order 137.

New Standing Order 150A-Inserted, t o follow Standing Order 150. Standing Order 152-Struck out . New Standing Orders 152A and 152B-lnsert ed t o precede Standing Order 153. Standing Order 163-Verbally transposed.

XIV

New Standing Order 165A-Inserted to follow Standing Order 165. New Standing Order 16 8A-Inserted to follow Standing Order 168. Standing Order 184-Struck out. Standing Order 195--Transposed to follow Standing Order 197. Ne\v Heading-Inserted before Standing Order 227. Standing Order 228-Amended and agreed to. Standing Order 228--Struck out Standing Order 313-Amended, and agreed to. Standing Order 349-Amended, and agreed to.

Standing Order 351-Amended, and agreed to. New Standing Order-To follow Standing Order 402, proposed:-"The following Motions are not open to debate, shall be moved without argument or opinion offered, and shall be forthwith put by the President, from the Chair, and

the vote taken :-(a) That the Senate do now adjourn; (b) That the Senate do now divide; (c) That this debate be now adjourned. · Should any such Motion be negatived no similar Motion shall be entertained within a quarter of an hour of the preceding one."

Question--:-That the proposed new Standing Order be agreed to-put. Committee divided--AYEs-4. The President,

Senator Best, , Dobson,

"

Sir J. W. Downer.

NoEs-2. Senator Gould, , Higgs.

Joint Standing Order, roe numbering of Acts-Amended and agreed to. New Standing Orders, r e Election Petitions-Inserted to be a new Chapter after Chapter XXIII. New Standing Order for revival of lapsed business. Question-That new Standing Order be drafted by the President-put. Committee divided-

AYES-4. NoEs-2.

Senator Best, The President,

, Dobson, Senator Sir J. W. Downer.

, Gould,

, Higgs,

Committee adjourned till again summoned by the President.

R. C. BAKER, Chairman.

THURSDAY, 26TH SEPTEMBER, 1901.

At a meeting of the Committee held this day-

Senator Best, Senator Dobson,

Present:

The PRESIDENT, in il>e Chair;

Senator Sir J. W. Downer,

The minutes of the last meeting were read and confirmed.

Lapsed Bills.

The President distributed a Standing Order re Lapsed Bill£.

Senator Gould, Senator Higgs.

Question-That the Committee recommend ·a Standing ( t·der referring to the carrying on of Lapsed Bills, so far as the Senate is concerned. Committee divided-NoEs-2.

Senator Best, The President,

, Dobson, Senator Sir J. W. Downer.

, Gould,

, Higgs.

Resolved-That the President draft a Standing Order accordingly.

xv'

Committee of Elections and Qu(difications.

The submitted the following Standing Order re Elections and Qualifications Committee:-"A Committee, to be called 'The Committee of Elections and Qualifications,' to inquire into and report on all questions respecting the qualifications of 1my member of or any vacancy in the Senate, and any question of a disputed election to the Senate, pursuant

to section 4 7 of the Commonwealth of Australia Constitution Act, shall be appointed at the commencement of each session in the following manner :-(rt) The President shall, within four days from the commencement 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 suooh Committee by the Senate." Standing Order agreed to.

Joint Committee .

The following new Standing Order re Joint Committee was agreed to :--"The Senate shall fix the quorum of its members who shall be present to constitute a sitting of a J oint Committee. Subject to thiH a Joint Committee shall fix its own quorum. "

Notices of Motion.

New Standing Order 11 7 A was amended and agreed to, as follows :-" 117 A. After the Formal Motions and Orders have been disposed of, and before the Business of the day is proceeded with, any Senator may move, without Notice, that any Notice of Motion standing in his name or Order of the Day of which he is in charge

on the Paper for that day shall be a Notice of Motion or Order of t he Day for some subse­ quent day. No amendment or debate shall be allowed on any -such Motion, but the Senate may proceed to division thereon as in other cases." R esolved-That Standing Order 50A, as amended, be adher ed to. Standing Order 228- Amended by striking out, in line 3, "eight copies," and agreed to.

Committee adjourned until 1.45 p.m. the following day, 27th September, 190 1.

R. C. BAKER, Chairman.

FRIDAY, 27TH SEPTEMBER, 1901.

At a Meeting of the Committee held this day­

Present:

Senator Best, Senator Dobson,

The President in the Chair;

The minutes of the last meeting were read and confirmed. Standing Order 268-

Senator Gould, Senator Higgs.

The President suggested that this Standing Order should be split into two Standing Orders. The words "to be nominated," at the end of Standing Order, were struck out. The following new Standing Order, to follow Standing Order 268, was agreed to :-" 268B. The Senators to serve on a Select Committee may be nominated by the

mover; but if three Senators so demand they shall be selected by ballot." Standing Order 320-The President suggested that this Standing Order stand, and that Standing Order 377, House of R epresentatives (which he read), be not agreed to.

Senator Higgs proposed-That the original Standing Order be adhered to. Committee divided­ AYEs-3. The President,

Senator Gould, , Higgs.

NoEs-2.

Senator Best,

"

Dobson.

New Standing Orders 227A and 227B, reLapsed Bills, were read, and agreed to as follows:-" 227 A. If in any Session the proceedings on any Bill shall have been interrupted by the prorogation o£ Parliament, the Senate may in the next succeeding Session, by resolution, order such proceedings to be resumed-provided a

periodical election for the Senate has not taken place between such two Sessions." " 227B. Any such Bill may be sent to the House of Representatives as if it had been introduced and passed by the Senate in the second Session. "

G4 t'J

xvi

'rhe .President read the Draft B,eport., which was aw.ended and agreed to, as follows:-" Your Committee haYe to report that they have held eleven meetings, and have very carefully considered t he Draft St:mding Orders 1·efeued to them by t he 8enate. " Your Committee have re-arranged the original draft of t he proposed Standing

Orders, aud haYe re-drafted several of the Chapters. "Pursuant to leave gra,nted, your Committee have communicutecl with t he Sta,nding Orders Committee appointed by the House of Rcpresenta,tives, with 11 view t o secure unifmmity, so far as possible, in t he 8tanding Orders of t he

t wo H ouses; and this result has been arrived at in mos t " Your Commit tee recommend the Sena te to agree to t he proposed Standing Orders as fi nally settled."

The President was 1·equested t o take charge of proposed Standing Or ders in Comm ittee of t he Senate.

Commit tee adjourned sine die . R. C. BAKER, Chairman.

" xvn

MEMORANDUlVI BY THE CHAIRMAN OF THE STANDI NG OHDEHS COMMITTEE.

In framing the Standing Orders the object of the Committee has been- -1st. To embody in the Standing Orders the meaning and spirit of the Constitution so far as practice, procedure, and the relationship between the two Houses are concerned.

2nd. To carry into effect the resolutions and what the Committee con­ ceived to be the opinions of the Senate.

The following cases may be alluded to :-(a) Method of appointment of President; (b) Tenure of office of Chairman of Committees; (c) Appointment of Standing Committees;

(d) Mode of appointment of Elections and Qualifications Committee ; (e) Senators' Roll; (f) Opening of Sitting by Prayer; (g) Adoption of procedure to enable (in certain cases) general dis­

cussion to take place (analogous to discussion on going into Committee of Supply) ; (h) Procedure to ascertain whether Motions are or are not formal ; (i) Procedure to enable any Senator to fix date for further discus­

sion of any matter in vhis charge before business of the clay is called on; (J') Procedure on Bills which under the Constitution the Senate may not amend;

(k) Giving deliberative vote and not a casting vote to the Chairman of Committees ; (l) Procedure on amendments, permitting every Senator to speak once on any amendment proposed to a Motion.

In only one case has the practice adopted by the Senate been departed from, viz., in the method by which the Chairman of Committees is to be appointed, which the Committee think should be similar to that which the Senate adopted in the appointment of President.

3rd. The re-arrangement of the original Draft Standing Orders, so as to group under the heading of each chapter all the Standing Orders covered by the heading.

4th. The formulation into Standing Orders of what has been the universal practice in the State Parliaments, so as to contain in the Standing Orders themselves, so far as possible, a complete code of procedure.

5th. Simplification of procedure, and abolition of procedure and practices (based on obsolete conditions) which have now no effect or signifi­ cance.

6th. To provide that the Standing Orders of the Senate and of the House of Representatives shall be identical, except in those cases where difference cannot be avoided.

R. C. BAKER, Chairman.

F.ll99I.

()4'7

TABLE OF CONTENTS.

Ch11pter Pr.g•

I. Proceedings on the Opening of Parliament 3

II. Election of President 5

III. Chairman of Committees 6

IV. Absence of President and Officers 6

V. Standing Committees 7

VI. Journals and Records of the Senate 7

VII. Senators' Roll and Places of Senators 8

VIII. Leave of Absence to Senators 8

IX. Sitting and Adjournment of the Senate 8

X. Routine of Business 10

XI. Petitions ll

XII. Questions seeking Information 12

XIII. Notices of Motion 13

XIV. Motions and Questions 14

XV. Amendments 15

XVI. Previous Question 16

XVII. Orders of the Day 17

XVIII. Divisions 17

XIX. Public Bills 19

XX. Committees of the Whole Senate ... 27

XXI. Call of the Senate 28

XXII. Select Committees 29

XXIII. Disputed Returns 32

XXIV.· Instructions to Committees 33

XXV. Communication between the Two Houses 33

XXVI. Conferences 34

XXVII. Joint Committees 35

XXVIII. The Ballot 35

XXIX. Accounts, Papers, and Returns 35

XXX. Addresses to the King or the Governor.General 36

XXXI. Messages from the Governor·General 37

XXXII. Strangers 37

XXXIII. Witnesses 37

XXXIV. Conduct of Senators and Rules of Debate 39

XXXV. Suspension of Standing Orders 43

Joint Standing Orders 43

Numbering of Acts, Money Bills, Disagreement between the Houses '3

BZ

DRAFT

STANDING RULES ANO ORDERS

OF THE

SENATE.

As recommended by the Standing Orders Committee for adoption by the S enate.

In the marginal notes, wherein reference is made to the Standing Orders of Houses of Legislature in a State, it is not meant that this is the only House of Legislature in which such Order is in force. It may be, and probably is, a fact that such Standing

Order is in force in most of or in all the States. V.L.A.-Victoria Legislative Assembly. V.L.C.-Victoria Legislative Council. N.S.W.-New South Wales Assembly.

S.A.-South Australia Assembly. Universal-In force iri all the Houses in all the States. The Standing Orders of the other States are so nearly identical with one or other of that of Victoria, New South Wales, or South Australia that they have not been compared. When " Compare " or "See " is used it is meant that although the meaning is the same the wording is not identical.

CI!APTER I.

PROCEEDINGS ON THE OPENING OF pARLIAMENT.

1. On the first day of the meeting of any Session of Parliament, after a General Election for the Senate a nd the House of Representatives, or after a General Elec­ tion for the House of Representatives-

( a) If there be a President he shall take the President takes Chair. Ohair.

(b) The Clerk shall read the Proclamation call- Clerk reads ing Parliament together. Proclamation.

(c) Commissioners from His Excellency the commissioner• Governor-General shall then be introduced introduced. by the Usher to the Senate Chamber. (d) The Senior Commissioner shall direct the House o!

. U sher to desire the attendance of the . . . summoned. Members of the House of Representatives to hear t he Commission read. (e) The Members of the House of Representatives commissionrell4

being come, the Clerk shall read the by t)le Clerk. Commission. ( /) The Senior Commissioner shall then inform Cause of calling the Members of both Houses that His

Excellency the Governor-General will at a future time declare the cause of his

calling Parliament together. (g) The Writ of Election of each Senator, with the senators. R eturn indorsed thereon, having been pre­ viously delivered to the Clerk, shall by him

be laid on the Table, and Senators m ay then make and subscribe the Oath or

Affirmation of Allegiance in the form set for th in the Schedule to the Constitution. (h) If the office of P resident be vacant the Senate Election or shall then elect. a President in the manner President,

hereinafter provided.

Nos.lto7 formul ate the proceedings in all the States, with such alterations as

are required by the Constitution.

V.L.C. l4.

V.L.C.l5.

V. L. C. 16 N.S.W. 35,

4

Proceedings on 2. On the first day of the meet in g of anv Session of the opening of a p ] . t j . ] ']' ll t b ft ' G • l El t' Parliament not ar mmen , w ·nc 1 s 1a no . o a era enera i.J ec l Oll being" new one. for the Senate and the Honse of Representatives, or

.lcSjourwnen\.

after a General Election for the House of Representa­ tives. If there be a President-( a) The President shall take the Chair.

(b) The Clerk shall read the Proclamation calling P arliament together. (c) The President shall then inform the Senate that His Excellency the Governor-General

will at a futnre time declare the cause of his calling Parliament together. (a) The Writ of Election of each Senator elected since the last sitting of the Senate, with

the Return indorsed thereon, having been previously delivered to the Clerk, shall by him be laid on the Table, and each Senator may then make and subscribe the Oath or Affirmation of Allegiance in the form set forth in the Schedule to the Constitution. If there be no President--

(a) The Clerk shall read the Proclamation call­ ing Parliament together. (b) Commissioners from His E xcellency the Governor-General shall then be intro­

duced by the Usher to the Senate Chamber. (c) The Clerk shall then read the Uommission. (d) The Senior Commissioner shall then inform the Senate that His Excellency the

Governor-General will at a future time declare the cause of his calling P arliament together. (e) The Writ of Election of each Senator elected

since the last sitting of the Senate, with the Return indorsed thereon, having been previously delivered to the Ulerk, shall by him be laid on the Table, and each Senator may then make and subscribe the Oath or Affirmation of Allegiance in the form set forth in the Schedule to the Constitution. U) The Senate shall then elect a President in the

manner hereinafter provided. 3. The Senate will then adjourn . second meetiDQ". 4. At the next meeting after the adjournment the

President shall take the Chair and wait the arrival of His Excellency the Governor-General. Governor• General announced by Usher.

5. When His Excellency the Governor-General has arrived at the Chamber, the Usher shall announce his arrival and conduct him to the Chair, the President leaving the Chair and taking one to the right of His

Excellency.

House ol . 6. His Excellency the Governor-General will then

direct the Usher to command the immediate attendance

of the House of Representatives in the Senate Chamber. Governor• General's Speech.

7. When the Members of the House of Representa­ tives have come with their Speaker into the Senate Chamber His Excellency the Governor-General will proceed to declare the cause of his calling the P arlia-ment together. Oopy ot spoeoh. 6. The President and the Speaker will then each

receive a copy of His .Excellency the Governor­ General's Speech from his Private Secretary, and His Excellency will then withdraw from the Senate Chamber. Oba.ir taken. 9. The President shall then again take the Chair.

i'onnalbusino.... 10. Before His Excellency the Governor-General's Speech is reported to the Senate, some Formal Business may be transacted.

5

11. Petitions may then be presented, and Notices of Notices ot Universal. Q t• d f M t' tl 1 , • l p )lotion, &c. nes 1011 an o o 1011 may 1en ue g1ven, anc apers laid upon the Table.

12. The President shall then report to the Senate speech reported. N.s.w. se. the Speech of His Excellency the Governor-General.

13. The Speech having been reported by the Presi- se.lect com· v.L.o. 19. dent, a Motion for an Address-in-Reply to the Speech will then be made, and agreed to with or without m-Reply. amendment.

14. A Motion will then be made that the Address be Motion for v.L.o. 23. presented to His Excellency the Governor-General by the President and such Senators as may desire to accompany him.

15. The President shall report to the Senate His Governor- v.L.c. 24. E 11 h G G 1

' l h . General's reply

xce ency t e overnor- enera s rep y to t e1r reported.

Address.

16. No Business beyond what is of a formal Only Formal see N.s.w. 39.

character shall be entered upon before the Address-in- Reply to the Governor-General's Opening Speech has Ad ress. been adopted. Formal business which may be entered upon includes the fixing of the days and hours of

meeting and the appointment of Standing Com-mittees.

CHAPTER II.

ELF.CTION OF PRESIDENT.

17. Whenever the office of President becomes Election ol vacant, a Senator, addressing himself to the Clerk, President. shall propose to the Senate for their President some Senator then present, and move that such Senator do

take the Ohair of the Senate as President. Snch

Motion shall be seconded by some other Senator.

18. If only one Senator be proposed and seconded When only on• as President, he expresses in his place his sense of the honour proposed to be conferred. upon him, and sub-mits himself to the Senate, and he is then taken

out of his place by the Senators who proposed and seconded him) and by them conducted to the Chair.

19. If two or more Senators be proposed as Presi- When two or d t M t • } ll b d d d d d' more Senators en , a o 1011 s 1a e rna e an secon e regar mg proposed as each such Senator, "That Senator-- do take the President. Chair of the Senate as President " ; and each Senator

so proposed shall address himself to the Senate.

20. When two Senators have been so proposed and Mode of deoislon seconded as President, each Senator shall deliver to the Clerk a Ballot paper in writing, containing the name of the Candidate for whom he votes; and the

Candidate who has the greater number of Votes shall be the President, and be conducted to the Chair.

21. When more than two Sen a tors have been so Mode of deoision proposed and seconded, the Votes shall be taken in like manner, and the Sena.tor who has the greatest number candidates. of Votes shall be the President, provided he has also a

majority of the Votes of the Senators present ; but if no Candidate ha s such majority, the name of the Candidate having the smallest number of Votes shall be Withdrawn, and a fresh Ballot shall take place ; and

this shall be done as often as necessary, until one Candidate is declared to be elected as President by such majority, when such Senator shall be conducted to the Chair.

V.L.O. 29.

V.L.C. 30.

19 to 22 formulates the practice adopted by the Senate

on the election of th e first President

21 and 22 new practice adopted by the Senate.

V.L. C. 24. S. A. 14.

S.A. 15.

V.L.C. 35. See S.A. 16. This is an alteration in t he

p ractice hitherto ndopteLI.

In accordance with the resolution of the Senate.

New.

Universal.

29 and SO formulates the u niversal practice where there is a Chairman of Committees.

V.L.A. 4a.,

EquQ.]ity of Voteli.

6

22. In the event of there h f:'ing an equality of Votes, the Clerk shall declare suc h to lJ e the case, and the Votes shall be again taken, when, if again there shall be an equality of Votes, the Clerk shall determine, by lot, which of the Candidates; having the same number of Votes, shall be withdrawn, as if he had obtained the lesser number of Votes. The President 23. Having conducted to the Chair, the

takes the Chair. S d h h 11

enator so el ec te , standing 0 11 t e upper step, s a return his acknowledgments to the Senate for the honour conferred upon him, and assume the Chair. for 24. A Senator having congrat ulated the President

elect, a Minister of the Crown shall inform the Senate

the Governor- at wh at hour the Governor-General will be r> leas ed to General. · .

receive the Senate for the purpose of presenting their President, and the sitting of the Senate shall then be suspended until that hour, unless the Governor-General is prepared to receive the Senate at once. The President 25. Before proceeding to any bn si ness, the President,

with such Senators as desire to accompany him, shall

General as preseat himself to His Excellency the Governor-ch OICe o! , l l h . f l Q H l 11 . .

senate. Genera as t 1e c Oice o t 1e k)euate. e s m , Ill

Chairman of Committees.

How appointed.

Cresides in Pomrnitteo.

Unavoidable absence of the President proVided lot.

Absence o! President nnd Chairman of Committees.

President relieved by Deputy· President.

the name and on behalf of the Senate, claim the right of fr ee and direct ac cess and communication with His Excellency.

CHAPTER III. CHAIRMAN OF C 031MITTEES.

26 . At the commen cement of ea ch Session the Senate may appoint a Senator to be Chairman of Com mittees, who, unless otherwise determined, shall hold office during the Session and until the end of the se cond week of the next Session.

27. The Chairman of Committees shall be appointed in a similar manner to the President. 28 . The Chairman of Committees shall take the Ch air of the Committee the Table whenever a Committee of the 'W hole is constituted by the Senate or by these Standing Orders.

CHAPTER IV.

ABSENCE OF PRESIDENT AND OFFICERS.

!29. Unless and until the Senate otherwise order, the Chairman of Committees shall perform the duties and exercise the authority of President in rela­ tion t o all proceedings of the Senate as Deputy Presi­ dent until the next meeting of the Senate (whenever the Senate shall be informed by the Clerk at the table of the absence of the President), and so on from day to day, on the like inform f),tion being given to the Senate, until the Senate shall otherwise order : Provided that, if the Senate shall adj onrn for more than twenty-four hours, the Deputy-President shall continue to perform the duties, and exercise the authority of President, for twenty-four hours only after such adjournment.

30. Should both the Pres iden t and the Chairman of Committees be unavoidably absent, the Senators pre­ sent, if a Quorum, may at once proceed to elect one of their number to act as President for that day only, the

Question being put to the Senate by the Clerk. Other­ wise, the Senate stands adjourned to the next sitting day. 31. The Chairman of Committees shall take the

Chair as Deputy-President whenever reques ted so to do by the P resident during a sitting of the Senate, without any formal communication to the Senate; and the President shall nominate at the commeneen1ent of

7

every Session panel of not less than two Senators who may act as temporary Chairmen of Committees when requested so to do by the Chairman of Com­ mittees.

32. In case of unavoidable absence or illness of the UnaYoidabla Clerk, his duties shall be performed by the Clerk-

Assistant.

CHAPTER V.

STANDING CoMMrr'l'EES.

33 ' A Standing Orders Committee, to consist of Standing Orders the President and Chairman of Committees and seven committee. Senators, shall be appointed at the commencement of each Session, with power to act dnring Recess

and to confer with a similar Committee of the House of Representatives.

34. A T,ibrary Committee, to consist of the Presi- Library dent and six Senators, shall be appointed at the committee. commencement of each Session, with power to act during Recess, and to confer or sit as a Joint Committee with a similar Committee of the House of Represen-

tatives.

35. A House Committee, to consist of the President House. and six Senators, shall be appointed at the commence- comm•ttee. men t of each Session, with power to act during Recess, and to confer or sit as a Joint Committee with a similar Committee of the House of Representatives,

36. A Printing Committee, to consist of six Printing

Senators, shall be appointed at the commencement of committee. each Session, to which shall stand referred all

Petitions and Papers presented to the Senate, or laid upon the Table, the Committee to report from time to time as to what Petitions and Papers ought to be printed, and whether wholly or in part : Provided that

when a Paper has been laid on the Table, a Motion may be made at any time, without notice, that the Paper be printed.

37. The quorum of a Standing Committee shall be Quorum of three, unless otherwise ordered.

38. A Committee, to be called " The Committee of Elections and El t. l Q l'fi t' " t · · · t d t Qualifications ec 10ns anc na 1 ca rons, o mqmre m o an repor committee. on all questions respecting the qualifications of any Senator or any vacancy in the Senate, and any

question of a disputed election to the Senate, pursuant to section 4 7 of the Commonwealth of Australia Con-stitution Act, shall be appointecl at the commencement of each session in the following manner :-

(a) The President shall, within four days from the commencement of the session, lay upon the table his warrant appointing £even 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.

CHAPTER VI.

JOURNALS AND RECORDS OF THE SENATE.

39. All proceedings shall be noted hy the Clerk, and Journale. shall constitute the Journals of the Senate, and shall be signed by the Olerk. · . ·

•

Universal.

33 to 36 adopts the procedure agreed to by the Senate.

New.

New. Adopts the practice of N.S.W.

Universal,

Universal.

41 and 42 required by the Constitution.

practice.

V.L.A. 16. N.S.W. 65.

V.L.A.lS.

V.L.A. 19.

New.

Oustody of Reoords.

8

40. The custody of the Journals, Records, and all Documents whatsoever laid before the Senate, shall be in the Clerk, who shall neither take, nor permit to be taken, any such Journals, Records, or Documents from the Chamber or Offices without the express leave of the Senate.

CHAPTER VII.

Senators' Roll to be kept by Clerk.

A SENATORS' ROLL, AND PLACES OF SENATORS.

41. A Senators' Roll for each State shall be kept by the Clerk, showing the names of the Senators chosen for the State, the dates of election, of taking the Oath, of ceasing to be a Senator, and the cause thereof. Each Senator shall sign the Roll on the day on which he takes the Oath or Affirmation of Allegiance.

Olass of Senators entered on Roll

Plaoes reser-red lor bfinisters of the Orown.

Seat of Minister.

Vacant ae&ts.

Senators re· taining eeats.

Leave of absence may bo givon.

Leave of absence excuset from service.

Le&ve of absence for· foited.

42. Whenever Senators have been divided into two Classes under the provisions of Section 13 of the Com­ monwealth of Australia Constitution Act, the President shall enter on the Roll opposite the name of each Senator the Class to which he belongs.

43. The front seats, nearest to the right hand of the President, shall be reserved for Ministers of the Crown.

44. Whenever a change of a Minister of the Crown takes place, the outgoing Minister shall be entitled to take the seat vacated by his successor.

45. Any question with regard to the seats to be occupied by new Senators shall be determined by the President.

46. f>enators shall be entitled to retain the seats occupied by them at the time of their taking their seats for the first time after their election so long as they continue Senators w'i.thout re-election.

CHAPTER VIII.

LEAVE OF ABSENCE TO SENATORS.

4 7. Leave of absence may be given by the Senate to any Senator, on Motion, after Notice stating the cause and period of absence ; and such Motion shall have priority over other Motions, and shall not be debated.

48. A Senator shall be excused from service in the Senate, or on any Committee, so long as he has leave of absence.

49. Any Senator, having leave of absence, shall the same by attending the service of the Senate

before the expiration of such leave.

CHAPTER IX.

SITTING AND ADJOURNMENT OF THE SENATE.

Prayers. 50. Upon the President taking the Chair each day

he shall read the following prayer :-Almighty God, we humbly beseech Thee to vouchsafe Thy special blessing upon this Parliament, and that Thou wouldst be

pleased to direct and prosper the work of Thy servants to the advancement of Thy glory, and to the true welfare of the people of Australia.

9

Our Father, which art in Heaven, Hallowed be Thy name. Thy kingdom come. Thy will be done in earth, as it is in Heaven. Give us this day Our daily bread. And forgive

us our trespasses, as we forgive them that trespass against us. And lead us not into temptation ; but deliver us from evil : For Thine is the kingdom, and the power, and the glory, for ever and ever. Amen.

51. The Chair shall be taken and prayer read at TheChnirtaken the time appointed on every day fixed for the meeting tor

of_ the Senate ; if, at the expiration of five

mmutes after that tune, 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 Journals.

52. A Senator having entered the Chamber after Senators after the time appointed for the meeting of the Senate shall .. cannot not be permitted to withdraw prior to a Senate being formed.

53. If it shall appear, on the report of a Division of th S t b tl ·r 11 th t Q * £ "d DlVlSlOn report . e ena e y 1e e ers, a a uorum as a oresm the want of" is not present, the President shall adjourn the Senate till the next sitting day ; and no decision of the Senate adjourned.

shall be considered to have been arrived at by such Division.

54. When the President shall be informed by the If the Ohalrme.n Ch · f' 0 "tt · f t of Committees mrman 0 omml ees, In consequence 0 a repor reports want of of a Division of the Committee by the Tellers, that a Quorum as aforesaid is not present, the bells shall be

f. . h p . d h ll l JOurne . rung or two mmutes ; t e res1 ent s a t 1en count the House, and if no Quorum be then present, he shall forthwith adjourn the Senate till the next sitting day.

55. If any Senator shall take Notice, or if the When we:nt of a Chairman of Committees on notice being taken by any Senator shall report to the President, that a Quorum as aforesaid is not present, the President, standing up in his place, shall count the t::lenate ; and, if a Quorum senate be not present within two minutes, he shall adjourn adJourned.

the Senate till the next sitting day.

56. 'When the attention of the President, or of the Attention called Chairman of Committees, has been called to the fact that there is not a Quorum of Senators present, no remam. shall leave the Chamber until the Senate has

been counted by the President.

57. The doors of the Senate shall· be unlocked Doorsunlocked whenever the President is engaged in counting the Senate, and the bells shall be rung, as in a Division. is counted.

58. Except in the cases mentioned in Standing senate only _ h h p . . adjourns by Ito

Orders Nos. ol, 53, 54, 5fl w en t e resident adJOUrns 0\yn the Senate without putting a Question, the Senate can Wlth exceptwns. only be adjourned by its own Resolution.

59. (1) No Motion for the Adjournment of the Senate Motions tor shall be made except by or on behalf of a Minister of of

the Crown, unless a Senator, after Petitions have been presented and Notices of Questions and Motions given, and before the Business of the Day is called on, rising in his place, shall propose to move the Adjourn-

ment for the purpose of discussing a definite matter of urgent public importance (which he shall then state and hand in, in writing, to the President), and unless four Senators shall thereupon rise in their places, as

indicating approval of the proposed discussion.

• By section 22 of the Commonwealth of Australia Constitution Act, a Quorum ia " .. ,least one-. third of the whole number of the tors."

Partly new.

Compare N.S.W. 45,

Compare V. L.A. 6.

54 and 55 Compare V. L.A.lO. S.A. 40, 41.

S.A. 42.

V. L.A. 11. V. L.C. 43.

The practice in all the States with an immaterial amendment.

Partly new. Compare V. L.A. Sn. V. L.O. 63.

Partly new. Compare V. L.A. 8n. V. L.C. 53.

Compare V. L.A. 8B. V. L. C. 53.

Practice in S. A. formulated.

Compare N.S.W. 74.

See N.S.W. 75.

Compare Vic. S. 0. applying to Business opposed or not.

New.

Compare N.S.W. 127.

lb.

Comp<>re N.S. W. 123.

New.

Limitation of discussion.

No second same

day.

Motion in reference to Business of the Senate.

Routine of Business.

Presentation of Papers.

New Business.

Government Business.

Formal or unopposed Busmess.

To take precedence.

No o.mendment or Debate allowed.

Not to preYent Qther Business.

10

(2) In speaking to such motion the Mover and the Minister first speaking shall not exceed thirty minutes each, n,nd any other Senator, or the Mover in reply, shall not excercl fifteen minutes each, and every Senator shall confine himself to the one subject in respect to which the Motion has been made. Pro­ vided that the whole discussion on the subject shall not exceed three hours.

60. No second Motion for the Adjournment of the Senate shall be made on the same day, except by a Minister of the Crown.

61. Any ·Motion connected with the conduct of the Business of the Senate may be moved by a Minister of the Crown at any time without Notice.

CHAPTER X.

RouTINE OF BusiNESS.

62. The Senate shall, unless otherwise ordered, proceed each clay with its ordinary Business, in the following routine :-1. Presentation of Petitions. 2. Givin g .Notices, and Questions without Notice. 3. Questions on Notice. 4. Formn,l Motions. 5. Motions and Orders of the Day, q:r vice versa, set down on

the Notice Paper.

63. Papers, R eturns, and Report& of Select Plittees, may be presented by Senators in their places at any time when oth ; r Business is not before the Senate.

64. No new Business shall be commenced after half-past ten o'clock at night.

65. On days upon which by Sessional Order Govern­ ment Business takes precedence of other Business, Ministers may arrange the order of their Notices of Motion and Order s of the D;:ty on the Notice Paper as they think fit.

66. Before the Senate proceeds to the Notices of Motion or Orders of the Day, the President shall inquire with respec t to each Motion of which Notice has been given for the day, and each Order of the

Day for the third reading of a Bill, whether there is any objection to its being taken as a Formal Motion or Order; and if no objection is taken by any Member, the Motion or Order shall be deemed to be a Formal Motion or Order.

67. Formal Motions and Orders shall take pre­ cedence of all other Motions and Orders of the Day, and shall be disposed of in the relative order in which they stand on the Business Paper.

68. No Amendment or Debate shall be allowed on a Formal Motion or Order of the Day, but the Senate may proceed to Division thereon as in other cases.

69. The disposal of Formal Business and Orders shall not pr event any Business from being don e, which is required to be clone, before the Senate proceeds to the Notices of Motion or Orders of the Day.

li

70. After the formal Motions and Orders have been Postponement disposed of, and before the Business of the Day is of Business. proceeded with, any Senator, may move without notice that any Notice of Motion standing in his name, or

Order of the Day of which he is in charge on the paper for that clay, shall be aN otice of Motion or Order of the Day for some subsequent day. No amendment or debate shall be allowed on any such Motion, but the Senate may proceed to division thereon as in other

cases.

CHAPTER XI.

PETITIONS.

71. Every Petition shall be lodged with the Clerk Petition to at least three hours previous to the meeting of the Senate at which it is proposed to present the same ; and when presented must bear the Clerk's certificate that it is in conformity with the Standing Orders.

72. No Petition shall be presented after Notices ofTime fo.r Motion have been given ; but when the Mover of a Motion is called on, or when an Order of the Day is read for the first time, a Petition referring thereto

may be presented.

73. Every P etition shall be fairly written, typed, to be

printed1 or lithographed, without interlineation or leg,ble. erasure.

7 4. Every Petition shall contain a prayer at the end To contain .. thereof. prayer.

75. Every Petition shall be in the English language, To MinEng!iih . b . . . d b t l· t' t 'fi d b th or accompamed or e accom pame y a rans a wn, cer 1 e y · e by translation. Senator whO presents it to be correct.

76. Every signature shall be written upon the sheets Signature• not bearing or attached to the Petition itself, and not pasted upon or otherwise transferred thereto.

77. Every Petition shall be signed by the parties To be oigned by h d d h 'th th · the persons w ose names are appen e t ereto Wl e1r names themselves and by no one else, except in case of incapacity by Persons not knowing how to write shall

affix their marks in the presence of a Witness, who shall as such affix his signature.

78. Every Petition shall be signed by at least one To be signed on person on the skin or sheet on which the Petition is same sheet. inscribed.

79. All Petitions shall be received only as the To be received • only as from the Petitions of the parties Signing the same. persons signing. 80. P etitions of Corporations aggregate are required Petitions.fiom b d

· d h · · 1 Corporations. to· e rna e un er t e1r common sea .

81. No Letters, Affidavits, or other Documents shall No Documente b h d P t't' t 't b p t't' 1! to be attached. e attac e to any e 1 lOll, excep 1 e a e 1 lOll .10r a Private Bill.

New.

Practice in S.A.

Compare V. L.A.195. V. L .C. 243.

Compare V. L.A. 1!!6. N.S. W. 81.

Compare N.S.W, 82.

Compare N.S.W. 83,

N.S.W. 86.

V. L.O. 250. N.S.W. 85.

N.s.w. 84.

S.A. 93. N.S.W. 87.

N.S.W. SS. V. L.O. 252.

Compare N.S.W. 89. V. L .O.

Compare V. L. C. 255. V. L.A. 204.

V. L.A. 211. N.S.W. 91.

V. L.A. 212. N.S.W. 92.

N.S.W. 93.

N.S.W. 94. V. L.A. 209.

N.S.W. 95.

N.S. W. 96.

Compare N.S.W. 98.

Universal.

Compare S.A. 104. V. L.A. 213A.

S.A. 105.

V. L.A. 79.

Compare S.A. 115. N.S.W. 76.

No reference to debates.

Petitions must be respectful.

1\Iust be presented by a Senator.

Petitions from Senators.

12

No reference shall be made in a P etition to any

debate in Parliament of the same Session.

83. Every Petition shall he respectful, decorous, and t emperate in its language, and shall not contain irreley an t statements.

84. Petitions can only be presented to the Senate by a Senator.

85. A Senator cannot present a P etition from him­ self.

senators to affix 86. Every Se nator presentino· a Petition to the their names and S h 11 :ffi h ·

0 h b ' · h f. the number or enate s a a x IS name at t e egmmng t ereo ,

signatures. together with a statement of the number of signatures.

To J?eruse Petitions they present.

To take care Rules of the Senate are observed.

Senators confined to statement of certain facts.

No discussion <>!lowed on presenting Petition.

Questions on presentation of Petition.

Restrictions on printing.

87. It shall be incumbent on every Senator present­ ing a Petition to acquaint himself with the contents thereof, and to ascertain that it does 11')t contain language disrespectful to any Legislature.

88. Every Senator presenting a P etition shall take care that the same is in conformity with the Rules and Orders of the Senate.

89. Every Senator presenting a Petition to the Senate, not being a Petition for a Private Bill, or relating to a Private Bill before the Senate, shall confine himself to a statement of the parties from whom it comes , of the number of signatures attached to it, and of the material allegations contained in it, and to

the reading of t he prayer of such Petition.

90 . Every P etition which, according to the rules of the Senate can be r eceived, shall be brought to the table by the Senator presenting the same, and no disc nssion upon the subject matter thereof shall be allowed.

91. The only Ques tions entertained by the Senate on the presentation of a Petition shall be :-r. ''That the Petition be received;" rr. "That the P etition be read;" m. "That the Petition be printed;" IV. (in the case of a P etition against a return) "That the Petition be

referred at once to the Committee of Elections and Qualifications;" or v. (in the case of a Petition respecting any subject then under the consideration of a Select Committee) "That the Petition be referred to the Select Committee on--."

92. No Senator shall move that a Petition be printed unless he intends to take action upon it and informs Senate thereof.

CHAPTER XII.

QUESTIONS SEEKING INFORMATION.

Questio.ns . 93. After Notic es have been given Questions may be put to Ministers of the Crown relating to public

affairs ; and to other Senators, relating to any Bill, Motion, or other public matter connected with the Business on the Notice Paper, of which such Senators may have charge.

13

94. In putting any such Question, no argument or such opinion shall he offered, nor inference nor imputation made, nor any facts stated, except so far as may be necessary to explain such Question.

95. In answering any such Question, a Senator No debate shall not debate the matter to which the same refers. allowed.

96. Notice of Question shall be given by a Senator ot delivering the same at the Table fairly written, signed Questwn. by himself, and showing the day proposed for asking such Question.

97. 'When Notices of Questions are given, the Clerk 'YJl•n Notice shall place them at the commencement of the Notice gwen. Paper, according to the order in which they were delivered at the Table, and the Reply shall be handed to him in writing, when given.

CHAPTER XIII.

NoTICEs OF MoTION.

98. Notice of Motion shall be given by the Noticeo!Motion Senator stating its terms to the Senate and deliver- how given. ing at the Table a copy of such Notice, fairly written, signed by himself, and showing the day proposed for

bringing on such Motion. .

99. If a Notice 0f Motion is given which con- Motions tains matters not relevant. to each other, the President may instruct the Clerk to divide such Notice into be

two or more Notices.

100. The Notices shall be entered by the Clerk on order or the Notice Paper in the order in which they were Notices. delivered at the Table.

101. A Senator, on l1eing duly requested, may Noticegiventor give Notice for any other Senator not then present, by putting the i1ame of such Senator on the Notice of Motion, in addition to his own.

102. A Senator desiring to change the day for Postponementot bringing on a Motion, may give Notice of such Motion. Motion for any day subsequent to that first named, but not earlier, subject to the same rules as other

Notices of Motion.

103. After a Notice of Motion has been given, Terms ot Notice the terms thereof may be altered by the Senator altered. delivering at the table an amended Notice, either on the same day or any day prior to that for proceeding

with such Motion, or may withdraw the same when called on.

104. A Senator giving Notice in general terms to Notice ol move certain Resolutions must deliver at the Table a Resolutlona. fair copy of the proposed Resolutions, at least one day prior to that for which he has given Notice.

105. No Notice of Motion shall be given after the :No Notice &nate shall have proceeded to the Business of the receivedarter ' , commencement Day as set down on the N otwe Paper. of Business. 106. Any Notice containing unbecoming expressions, or which offends against any Standing Order

of the Senate, shall be amended by the President before it appears npon the Notice Paper.

V. L.A. 80. S.A. 116. N.S.W. 77.

V. L.A. 81. S.A. 117.

Compare V.L.A. 79.1 ..

Compare S.A. 118.

Oompare B.A. 106.

Practice of several of the States.

Universal.

S.A. 107.

S.A. 108.

Compare V. L.A. 43. S.A. 109.

Compare S.A. 106.

V.L.A. 36. S.A. 110.

See N.S.W. 106. Oompare V. L.A. 41.

6> ' {> 'i ·0

V.L.A., Rule 26. See N.S.W.l07. S.A. 114.

Practice of most of the States.

Compare V.L.A. ";Y1 N.S.W. 110.

Compare N.S.W.lll. V.L.A. 45.

S.A. 218.

Compare S.A. 219. V.L.A. 46.

V.L.A., Rule 28. S.A. 220. N.S.W.lll.

Practice in S. A.

Nearly universal.

B.A. 221. V.L.A.48. N.S.W. 112.

B.A. 222.

Nearly universal.

S.A. 228.

B.A. 224.

Giving more than one Notice.

Operation of Notices.

14

107. A Senator may not give two Notices of

Motion consecutively, if auo ther Senator has auy Notice to give.

1 OS. No Notice or Uontingent Notice have

effect for the day on which it is given.

CHAPTER XIV.

MoTIONs AND QuESTIONS.

No Motion to be 109. No Senator shall, unless by leave of the Senate,

•. unless it be otherwise specially provided by the Standing

Orders, make any Motion, except in pursuance of Notice openly given at a previous sitting of the Senate, and duly entered on the Notice Paper.

Precedence o! Motions. 110. Motions shall have precedence each day according to the order in which they appear on the

Notice Paper, and if called on and not dealt with prior to the Adjournment of the Senate shall disappear from the Notice Paper.

LapsedMotions, .. _111. If, at the Adjournment of the Senate, any

Motions on the Notice Paper have not been called on, such Motions shall be set down on the Notice Paper for the next sitting day, at the end of the regular Business of that day.

Precedence o! Que•tion o! Privilege.

Precedence to Vote. o! Thank"'

Senator moving lor another.

Senator !ailing to move.

Motion noi 16COnded.

Restrictions on withdrawal of Motions.

Anticipating Motions.

Motion• wlth· drawn again brought on.

Interruption o! Motions.

112. Whenever a Matter or Question directly con­ cerning the Privileges of the Senate, or of any Com­ mittee or Member thereof, has arisen since the last sitting of the Senate, a Motion calling upon the Senate to take action thereon may be moved, without Notice, and shall, until decided, unless the Debate be adjourned,

suspend the consideration of other Motions as well as Orders of the Day.

113. Precedence will he ordinarily given by courtesy to a Motion for a Vote of Thanks of the Senate.

114. A Senator on being requested by the Senator who has given Notice may move the Motion of which Notice has been given.

115. If a Senator or some other Senator requested by him fails to rise and move a Motion of which Notice has been given, it shall be withdrawn from the Notice Paper.

116. A Motion not seconded shall not be further debated, and no entry thereof shall be made in the Journals.

117. After a Motion has been read by the President, it shall be deemed to be in possession of the Senate, and cannot be withdrawn without leave.

118. No Motion or Amendment shall anticipate au Order of the Day or another Motion of which Notice has been given.

119. A Motion which has been superseded, or, by leave of the Senate, withdrawn, may be made again during the same Session.

120. If all Motions shall not have been disposed of two hours after the time fixed for the meeting of the Senate, the debate thereon shall be interrupted, unless the Senate otherwise order, and the Orders of the Day

15

shall be taken in rotation ; but if there should be no l'te81lmptlon et Order of the Day, the discussion on Motions may be Motions, · continued. The consideration of Motions may be resumed after the Orders of the Day are disposed of.

QUESTIONS.

121. When a Motion has been made and seconded, Question a Question thereupon be proposed to the Senate by the President.

122. So soon as the Debate n pon a Question shall Question pub. be concluded, the President shall put the Question to the Senate ; and if the aame should not be heard, !!hall again state it to the

123. The President may order a complicated DiYisic;m of t • to b d' 'd d comphcated lOU e l Vl . e . Question.

124. A Question being hut shall be :resolved in the Question • • · · · · • · determined by affirmative or negative, y the maJOrity of voices: or "Aye " or " No." vowes. 125. The President shall state whether, in his The President opinion the '' Aves " or the "Noes" "have it"· and states the resutt. ' . ' if his opinion be challenged the Question .Shall be decided by Division.

126. No Question or Amendment shall he propoi'Jed The l · h · tl • b t Q · Quest1on not to w 11c IS 1e same m su s anee as any . neli> tiOu or be again Amendment which, during the same Session, has been proposed. resolved in the affirn1ative or negative, unless the

Order, Resolution, or Vote on such Question or Amendment has been rescinded.

127. An Order, Resolution, or other Vote of the Resolutio!l or Senate, may be rescinded ; but no such Order, Vote

tion, or other Vote may be rescinded during the same Session, nnlests seven days' Notice be given and at least one-half of the whole number of Senators vote in favour of its rescission : Provided that, to

correct irregularities or mistakes, one day's Notice only shall be sufficient.

128. Leave of the Senate must be granted without Lenve of ttw d . t• t ' Senate. nny I.E.Sen 1en. v.owe. 129. A Question may be By the Questions

Adjournment of the Senate ; 2, or on Notice being taken superseded. and it appearing that a Quorum of Senators is not present. 3. By a Motion ''That the Orders of the Day be now read." 4. By the Previous Question.

CHAPTER XV.

AMENDMENTS.

130. A Question having beell. proposed may be Different forms l cl ( ) B l

· t ·t • d 1 of Amendments. amenc e - I. y eavmg on . cer am wor s on y ; (1L) By leawiBg out .certain w.ords in order to insert or add other words ; (m.) By inserting or adding words.

131. An Amendment to .any Motion before the Amendments ·to Senate must, for purposes of r ecord, be in writing and be in writing. be signed by tbe proposer.

Ev.ery Amendment must b.e relevant to the ·Relevancy of

Question t o which it is prDp 8SC cl to be IIl.aclC, Amendment.

F.l199l. c

S.A. 175

See S. A. 183. V.

S.A. 182. V. L.A. 54.

S.A. 184. V. L.A. E6.

S.A. 185. N.S. W. 186. V. L.A. 57,

Compare S.A. 186. V. L.A. 58.

N.S.W. 187.

Com N. S. W. 188. S. A. 187.

Compare S.A. 176. V. L.A. 50.

See V.L.A. 62. N.S.W. 189. S.A. 188.

N.S.W. 190. S.A. 189.

•

•

N.S.W. 191. S.A. 1W. V.L.A. 63.

See V.L.A. 64. N.S. W. 192.

Compare S.A. 193.

S.A.l92. N.S.W. 198. V.L.A. 65.

Compare N.S.W. 195. V.L.A. 67.

Compare S.A. 195. N.S.W. 196.

N.S.W. and V.L.A. practice.

N.S.W. 197. V.L.A. 69.

N.S.W. 198. V.L.A. 70.

Universal practice.

V.L.A. 71. S.A. 198.

V.L.A. 72. S.A. 199.

Present House of Commons practice­ May p. 269.

lb.

Amendment. must be seconded.

Hi

133. An Amendment proposed but not seconded shall not be entertained by the Senate, nor entered m the Journals.

Amendment to 134. 'When the proposed Amendment is to leave out leave out word•. certain words, the President shall put a Question,

Amendment to insert or add words.

Amendment to leave out words and insert or add others.

When later part of a Question amended.

''That the words proposed to be left out stand part of the Question."

135. When the proposed Amendment is to insert or add certain words, the President shall put a Question, that such words be inserted, or added.

136. When the proposed Amendment is to leave ont certain words in order to insert or add other words, the President shall put a Question "that the words pro­ posed to be left out stand part of the Question," which, if resolved in the affirmative, shall dispose of the

Amendment; but, if in the negative, another Question shall be put, that the words of the Amendment be inserted or added, instead of the words which are left out.

137. No Amendment shall proposed to any part of a Question after a later part has been amended.

No Amendment 138. No Amendment shall be proposed to be made

to any words which the Senate has resolved shall stand

part of a Question, or which have been inserted in or added to a Question, except it be the addition of other words thereto.

Order of moving 139. An Amendment proposed shall be disposed of Amendments. before another Amendment to the original Question

can be moved.

Proposed Amendment withdrawn.

140. A proposed Amendment may be, by leave of the Senate, withdrawn.

Amendments to 141. Amendments may be proposed to a proposed

Amendment as if such proposed Amendment were an

Original Question.

Proposal to 142. ·when it is proposed to leave out words in the leave out words. 0 • • 1 Q t• · d t · t dd th

Amendment to ngma nes 1011 1n or er o mser or a o ers, no

Amendment to the words proposed to be inserted or

Questions as amended put.

'Yhen amend­ ments proposed but not made.

added can be entertained until the Question that the words proposed to be left out stand part of the Original Question has been determined.

143. When Amendments have been made the main Question shall be put as amended.

144. When Amendments have been proposed, bnt not made, the Question shall be put as originally proposed.

CHAPTER XVI.

PREVIOus QuESTION.

Pormo!previous 145. The Previous Question shall be put in the form Question. "That this Question be not now put."

Previous Question at!irmed.

146; If the Senate resolves the Previous Question in the affirmative, thereby resolving that the Original Question be not now put, the Original Question and any Amendment thereon before the Senate are thereby disposed of, and the Senate shall proceed to the next Business on the Notide Paper.

17

147. If the Senate resolves the Previous Question in .Previous the negative, ther eby resolving that the Original Qnes- tion before the Senate " be now put," the Question and any Amendment thereon shall be put forthwith,

without Debate.

148. The Previous Question cannot be moved to an When A d t · " "tt A l t o.dmissible. men men ., nor m vomm1 ee, nor can an menc men , be moved thereto.

149. ·whenever the Previous Question shall be moved . for upon any Question consisting of a series of Heso- lations which have been brought under discussion or ot resolutions. Debate as one Motion, with the understanding that the

Question be put on such Resolutions seriatim, the decision of the Previous Question, befor e putting the Question on the first of such Resolutions, shall he taken and held to be conclusive, whether in the affirma-

tive or negative, as regards the whole of such Resolu- tions.

150. The Previous Question temporarily supersedes Main Question th 0 · · l Q · A d h andAmend· e n gma uestwn and any men ment t ereon, but in de hating it the Orig·inal Question and any on Amendment may be debated.

• " .. Quest1on.

CHAPTER X VII.

0HDERS OF THE DAY.

151. An Order of the Day is a Bill or other matter order of the which the Senate has ordered to be taken into con- Dt>.r defined. sideration on a particular day.

152. After the asking of Questions on Notice on orders ottb• days on which Orders have precedence of Motions, and after the Motions have heen disposed of or adjourned on all other days, the President shall direct the Clerk

at the Table to read the Orders of the Day.

153. The Orders of the Day shall be disposed of in Disposal of h d . h" h h d th N t" p Orderoo!the t e or er m w 1c t ey stan upon e o ICe aper. Day.

154. If, at the Adjournment of the Senate, any Lapsed Orders Orders of the Day on the Notice Paper have not been of the Dar. called on, such Orders of the Day shall be set down on the Notice Paper as Business for the next sitting

day, at the end of the regular Business of that day.

155. An Order of the Day, in the absence of the An Order dealt Senator in charge thereof, may, at the request of such Senator, be moved or postponed by any other Senator. request.

156. An Order of the Day may be discharged May be although it has been debated. discharged.

CHAPTER XVIII.

DIVISIONS.

157. Whenever the President states, on putting a How Division Question, that the Ayes or the Noes (as the case may be called be) have it, his decision may be challenged by Senatore calling "Divide."

cz

Present House of Commons­ Mn,y, p. 269.

lb.

Compare B.A. 180.

New.

N.S.W. ll._ V.L.A. Rule 26. S;A. 225.

N.S.W. 115.

S.A. 227. N.S.W. 116.

S.A. 228.

UniYersal.

Compare S.A. 229. N.s.w .. n9.

Compare V. L.A. 57. N. S.W. 186.

Almost universal.

See Constitution Act, sec. 23.

Practice adopted by Senate.

S.A. 200,

Compare S.A. 201.

S.A. 203.

S.A. 204.

See S. A. 205,

S.A. 206.

S.A. 207.

See S.A. 208.

New, but practice ln most of the States.

Universal practi ce.

S.A. 209.

18

Caillor division 158. At any time before the Tellers are appointed. a call for a Division may be withdrn.wn by leave of the

Senate, and the Division shall not be proceeded with. The decision of the President which was challenged shall stand.

Vote ol the President. ·

President or Chairman may vote in their seats.

When Division may be called lor.

Senator calling for Division.

159. The President and Chairman of Committees shall respectively in all cases be entitled to a vote. When the votes are equal the Question shall pass in the negative.

160. The President or the Chairman of Committees may vote by stating to the Senate or to the Committee whether they vote with the " Ayes " or with thP.

"Noes."

161. A Division cannot be called for, unless more than one voice has been given for the Ayes and like­ wise for the Noes.

162. A Senator calling for a Division shall not leave the Chamber until the Division has taken place.

No senator to 163. No Senator shall be entitled to vote in any

vote unless D' · · 1 h t 'th' th B h present when I VISIOn un ess e was presen Wl In e ar w en tt:eQuestion puG the Question was put with the doors locked · and the with doors !

locked. vote of any Senator not so present shall be disallowed.

Stra.ngers withdraw.

Division Bell rung !'nd sand· glasil turned.

Doors looked after two minutes.

Question put, and Senators divide to right and lef t.

Senators present when Question stated nitl"s t v·ote.

Senators to keep seats on the side they vote.

Tellei' takes names.

I! only one Senator.

164. Previously to any Division, Member s of the House of Representatives and Strangers shall, if order ed, withdraw from below the Bar.

165. Before a bivision is taken the Clerk shall ring the Division Bell, and turn a two'"minute sand-glass, kept on the Table for that purpose, and the doors

shall not be closed until after the lapse of two

minutes, as indicated by such sand-glass.

166. The door s shall be closed and locked as soon after the lapse of two minutes as the President shall think proper t o direct; and then no Senatoi; shall enter or leave the Chamber until after the Division.

167. When the doors have been locked, andall the Senators are in th_eir places, the President shall state the Question to the Senate, and then direct the ''Ayes" to proceed to the right of the Ohair, and the ''Noes" to the left, and shall appoint one Teller for each

part y.

168. Every S enator present within the Bar when the Question is stated, except the President or the Chairman of Committees in the Chair of Oommittees, shall vote.

16 9. When a Division has been called for, Senators shall take seats on the side of the Senate -on which they intend to vote, and shall not move t her efrom after Tellers have been appointed until the result of

the Division has been declared.

170. The name of every Senator shall be taken down by the Teller on either side, who shall sig n their respective lists, and present the same to the President, who shall declare the result to the Senate.

171. In case ther e should be only one Senator on a side on a Division, the without completing

the Division, shall forthwith declare the decision of the Senate.

19

172. While the Senate is dividing Senabrs may Members may speak, sitting·, to a Point of Order arising out of or during the Division.

173. An entry of the lists of Divisions in t he Senate Division list.. and in Committee shall be made by the Clerk in the recorded. J ournals.

17 4. In case of confusion or error concerning the rn case ot error b t d 1 th b th

. Senate again

num ers repor e , un ess e same can e o erw1se divides.

corrected, the Senate . shall proceed to another

Division.

175. If complaint be made to the Senate that a Miatakes Division has been inaccurately r eported, the President in shall cause the Journals, if incorrect, to be corrected.

176. Divisions shall be demanded and taken in Divisions in CJommittee in the same manner as in the Senate itself. committee.

CHAPTER XIX.

PUBLIC BILLS.

INITIATION.

Universal practice.

S.A. 211.

S.A. 212.

Compare. S.A. 213.

Universal practice.

177. Every Public Bill (unless r eceived from the How s.A. 271.

House of ICepres entatives) shall be initiated either by see N.s.w. 244.

a Motion for leave to bl'ing in the Bill, specifying its intended Title, or by a Motion for a Committee of not less than two Senators to prepare and bring it in, or by an Order of the Senate.

178. The Senator having leave, or one of the Com- Fait copy to be S.A. 274. appointed t? bring in !1 Bill, shall present a preeonted.

fmr copy thereof s1gned by h1m to the Senate at an early date.

179. The Title shall agree with the Order of leave, Clauses to come Compare. and no clause shall be inserted in any such draft within the Title. s.A. 275. not relevant to the subject matter of the Bill.

180. Every Bill not prepared pursuant to the Order u irregular, to s.A. 270. f• 1 d' th R l d 0 d f th bewithdrawn. VL o eave, or accor mg t o e u es an r ers o e · .A. 225· Senate, shall be ordered to be withdrawn.

FIRST READING.

181. Except as to Bills which the Senate may not First reacting. amend, the Question '' That this Bill be now read a first time " shall be put by the President immediately after the same has been received, and shall be deter-

mined without Amendment or Debate.

182. In Bills which the Senate may not amend, the on Q t. "Th t t. h" B"ll . b . d . fi t t. " readmg of B>lls Ue S 1011 a 1S 1 C nOW rea a rs .1111e which Senate may be debated, and the debate need not be relevant may not amend. to th.e subject-matter of such Bill.

183. No Bill shall be read a first time unless the Bill to be in same be in print. print.

New in part. Compare. V.L.A. 227.

New.

New.

N.S.W. 243. S.A. 279.

Compare N.S. W. 251. V. L.A. 229. S.A. 281.

V. L.A. 230.

See N.S. W. 252. S.A. 282.

Compare N.S. W. 253. V. L.A. 231.

V. L.A. 232.

Compare N .S.W. 256.

See S. A. 286.

Universal practice.

Compare S.A. 297.

N .S.W. 259. S.A. 290.

Sufficient to read Title.

20

184. On every Order for the reading of a Bill the Title only shall be read.

J?ayfixedfor. 185. After the First Reading, a future day shall be Second Readmg. appointed for the Second Reading of the Bill.

SECOND READING.

Question for 186. On the Order of the Day being read for the

s econd Reading. Second Reading of a Bill, the Question shall be pro-

Amendments to such Question.

Amendments to be relevant.

Committal.

Instruction.

posed "That this Bill be now read a Second time."

187. Amendments may be moved to such Question by leaving out "now" and adding "this clay six months," which, if carried, shall finally dispose of the Bill ; or the Previous Question may be moved.

188. No other Amendment may be moved to such Question except in the form of a Resolution strictly relevant to the Bill.

COMMITTAL AND CONSIDERATION IN COMMITTEE.

189. After 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 Bill.

Bill reported by 190. When a Bill has been referred to a Select Com­ Select c ommittee. mit tee and reported, Notice may be given for its com-

Restriction on reference to a Selec t

Committee as a Bill.

Preamble post­ poned without Question put. Clauses read and put.

mittal to a Committee of the Whole Senate.

191. No Motion for referring a Bill to a Select Committee shall be considered after the Chairman of Committees shall have reported the Bill.

192. In Committee the Preamble stands postponed without Question put, and the Clanses shall be read in their order separately by the Chairman, beginning with the first Clause ; and the Question shall be put by the

Chairman on each Clause-" That the Clause stand as printed." The Words of Enactment at the head of the Bill are not put to the Committee.

order ol 193. The following order shall be observed in con-on a sidering a Bill and its Title :-

nm.

1. Clauses as printed, and proposed New Clauses. 2. Postponed Clauses (not having been specially postponed to certain Clauses). 3. Schedules as printed. 4. Proposed New Schedules. 5. Preamble (if any). 6. Title.

And in reconsidering the Bill, which can only be done upon Recommittal, the same principle shall be followed.

Manner ol 194. In Reading the Clauses of a Bill it shall be

reading Claus ... sufficient to read the numbers and Marginal Notes

only.

What Amendment. admi•sible.

195. Any Amendment may be made to any part of the Bill, provided the same be relevant to the subject matter of the Bill, and be otherwise in conformity with the Hules and Orders of the Senate;

21

196. No New Clause or Amendment shall he at any Decision of time proposed which is substantially the same as one already negatived by the Committee, or which is incon- in s11me · t 'th h h b 1 b Comm1ttee. s1s ent Wl one t at as een a ready agreed to y the

Committee, unless a Recommittal of the Bill shall have intervened.

197. The discussion shall be confined to the Clause Relevancy of or Amendment before the Committee. discussion.

198. If a Clause is amended, a further Question shall mauses sut a. be put, "That the Clause stand as amended." amende ·

199. Any Clause may be postponed, unless the same Clauses has already been amended. postponed

If any Amendment shall have been made in the Title considered.

Bill, not coming within the original Title, such Title shall be amended, and a Question put " That this be the Title of the Bill," and the Amendment thereof shall be specially reported to the Senate.

201. The precise duration of every Temporary Bill Temporarylaws. shall be expressed in a distinct Clause at the end of the Bill.

202. No notice may be taken of any proceedings of Proceedings in a Committee of the Whole, or of a Select Committee, on a Bill, until such proceedings have been reported. till reported.

FIRST REPORT TO ADOPTION OF FINAL REPORT.

203. When the Bill shall have been fully considered Bill ordered to the Question shall be put, " 'rhat this Bill (or this Bill te reported. as amended) be reported," which being agreed to, the Bill reported. Chairman shall leave the Chair and report the Bill

forthwith.

204. The Chairman shall sign, with his name at of

length, a printed copy of every Bill to be reported, with ot any Amendments fairly written thereon ; and also date and sign with his initials any Amendments and any Clauses added in the Committee ; and the Bill so

signed shall be handed by the Chairman to the Clerk, when he makes his Report to the Senate.

205. If a Bill-be reported with Amendments a future rt amended, da:r day shall be appointed for taking the Report into con- sideration and moving its Adoption, and the Bill, as Report. Reported, shall, in the meantime, be printed ; but if no

Amendments have been made the Report may be at once be Adopted.

206. On the Motion for the Adoption of the Report, Recommittal of h B 'll M t' b R 'tt l 'th · Bill on Motion t e 1 may, on o wn, e ecomnn ec, e1 er 1n for Adoption whole or in part ; in which case, if Amendments be 01 Report. made and the Bill be Reported, a subsequent clay shall be fixed for taking the Report into consideration and moving its Adoption, and the Bill, as Reported with the

Amendments, shall in the meantime be printed ; but When no turther if no Amendments have been made, the Report may be at once Adopted. Adopted.

THIRD READING, PASSING, ETC.

207. When the Report is finally Adopted, a future Dar fixed ror day shall be fixed, on Motion, for the Third Reading. Thlrd Reading

208. On the Order of the Dav for the Third Reading Recommittal of b , cl b th C'l k cl b £' • th M t' . , d Bill on Motion emg rea y e er , an e1ore e o 1011 1s carrie , tor TJ;lird "That this Bill be now read a Third Time," the Bill Readilli'·

Compare S.A. 201.

Compare N.S.W. 260.

S.A. 293.

S.A. 295, V.L.A. 242.

N.S.W. 271.

N.S.W. 249. V.hA. 258.

S.A. 302. N.S.W. 27?,

Compare S.A. 303.

S.A. 300.

Compare S.A. 304.

S.A.SOS.

S.A. 309. See N.S.W. 278.

S.A. 310. N.S.W. 280.

See N.S.W. 281. S.A. 311.

S.A. 312.

S.A. 313.

The practice of the House of Commons.

Compare V.L.A. 264A. N.S.W. 284.

S.A. 316,

S.A. 820 N.S.W. 285.

S.A. 321. See N.S. W. 286.

S.A. 323.

Universal practice.

S.A. 325, N.S.W. 200.

Certillcate of Chairman of Committees.

Question for Third Reading.

Amendments to such Question.

Bill passed.

22

may, on Motion, he Recommitted, either in whole or in part; in which case, if Amendments he made, a subse­ quent day shu,ll be appointed for the Consideration of the Heport, and the Bill shall in the meantime be

printed ; bnt if no Amendments have been made, the H.ep 0rt may be at once Adopted and the Bill read the Third Time.

200. Before any Bill sh!l.ll he read a Third Time, the ()hairman of Committees shall certify in writing that the fair print is in accordance with the Bill as agreed to in Committee and Reported; and the Presillent shall announce that the Chairman has so certified.

210. On the Order of the Day being read for the Third Reading of a Bill, the Question shall be proposed " That this Bill be now read a Third Time."

211. Amendments may be moved to such Question by leaving ont "now," and adding "this day six

months," which, if carried, shall finally dispose of the Bill; or the Previous Question may be moved.

After the Third Reading no further Question

shall be pnt, and the Bill shall be deemed to have

passed the Senate.

verbi

Oertlficate of Bill havin8· passed.

Bill sent to House of

e rna e, an c erwa or ypograp 1ca errors may e

corrected, in any part of the Bill by the Chairman of Committees.

214. When a Bill originated in the Senate shall have passed, the Clerk shall certify at the top of the first page "This Public [or Private J Bill originated in the Senate i and, having this day passed, is now ready for presentation to the Honse of Representatives for its concurrence."

TRANSMISSION TO HOUSE OF REPRESENTATIVES.

215. After a passed Bill shall have been certified by the Clerk, it shall be sent with a Message desiring the concurrence of the House of Representatives;

HOUSE OF REPRESENTATIVES' AMENDMENTS ON BILLS ORIGINATED IN THE SENATE.

Amendments 216. When a Bill shall be returned from the Honse

of H.epresentatives with Amendments, the Message

with such Amendments shall be printed, unless the Senate otherwise order, and a time fixed for taking the same into consideration in a Committee of the Whole.

How dll)ll>t•d of.

Relenncy,

217. The Amendments tnade by the House of Repre­ sentatives shall be agreed to either . with or withotit Amendments; or disagreed to ; or the Consideration thereof postponed ; or the Bill ordered to be laid

aside,

218. No Amendment shall be proposed to ah

Amendment of the House of Representatives that is not strictly relevant thereto ; nor can an Amendment be moved to the Bill unless the same be relevant to, or consequent upon, either the acceptance, amendment, or the rejection of a House of Representatives' Amend­ ment.

Furthermo· 219. When Amendments made by the House of f{ . t' . B'll h' h h ll h fi l

consideration of . epreseuta lVes, 111 I S W lC S a ave .rst passec

Amen&manu. the Senate, shall have been agreed l:o by the :Semtte

23

without Amendments, a Message shall be sent inform­ ing the House of Representatives thereof ; and if they shall have been agreed to with Amendments, the Bill shall be returned with a Schedule of such Amendments, in a Message desiring the coneurrcnce of the Honse of

Hcpresentativcs therein ; and if they shall haYe been disagreed to, the Bill may be laid aside, or it may be again sent to the House of with a

Message desiring its reconsideration.

In any case, when a Bill is returned t o the Rd.ea.sonsfor

H f R . "th f l A d JSagreemg. ouse o . epresentatlveR Wl any o t 1e men ments made by the House of Representatives disagreed to, the Message containing snoh Bill shall also contain reasons for the Senate not agreeing t o the Amendments

proposed by the House of Representatives ; and such reasons shall be drawn up by a Committee of three Senators, to be appointed for that pnrpose when the Senate adopts the Report of the Committee of the Whole disagreeing to the Amendments in question.

22L When Amendments shall have been made by Form of the Senate on the Amendments of the House of Repre- .. eentatives, a Schedule of such Amendments shall be prepared, containing reference to each Amendment of

the Honse of Representatives which has been amended by the Senate; and this Schedule shall accompany the Bill, and be certified by the Clerk.

222. If the House of Representatives return the Further Bill with a Message informing the Senate that it- proceedings. r. Insists on its original Amendments to which the Senate has disagreed, or

II. Disagrees to Amendments made by the Senate on the original Amendments of the House of Representative!', or III. Agrees to Amendments made by t.he Senate on

the original Amendments of the House of Representives, with further Amendments : the Senate may-1. Ag-ree, with or without Amendment, to the

Amendments to which it had previously dis­ agreed, and make, if necessary, consequent Amendments to the Bill; or may insist on its disagreement to such Amendments; and may-

H. Withdraw its Amendments and agree to the original Amendments of the Honse of Repre­ sentatives; or may make further Amendments to the Bill consequent upon the rejection of

its Amendments, or propose new Amendments as alternative to the Amendments to which the House of Representatives bas disagreed ; or may insist on its Amendments to which the

House of Representatives has disagreed: and may-III. Agree with or without Amendment, to such further Amendments of the House of Re­

presentatives) making consequent Amend­ ments to the Bill; if necessary ; or may

disagree thereto and insist on its own

Amendments which . the Honse of Represen­ tatives has amended; and in all such cases, if agreetnent be not thereby arrived at, or if the Bill oe again returned by the House

of Representatives ·with any of the reqnirements of the Se11ate still disagreed to, the Senate shall order the Bill to be laid as:dc, or request a Conference.

S.A. 326. See N.S.W. 291.

Oompare S.A. 327. N.S.W. 292.

Oompare S.A. 328.

G71

S.A. 320.

S.A. 330.

S.A. 331. N.S.W. 298.

S.A. 332. N.S.W. 299.

S.A. 333.

Compare S.A. 334·5.

24

When Sen.ate 223. vVhen the requirements of the House of Re­

to presentatives in the Bill have been finally agreed to,

a Message shall be sent informing the House of

Representatives thereof.

Clerk to certify 224. In whatever way the Senate shall dispose of a stage of Bill returned with Amendments by the House of

Representatives, as hereinbefore described, the Clerk shall, at every stage, certify accordingly on the first page of the Bill.

BILLS RECEIVED FIRST TIME FROM THE HOUSE OF REPRESENTATIVES.

Bills coming the 225. Public Bills coming to the Senate the first first time from . f } H f R · · h 11 b

the House tlme rom tle ouse o epresentati ves s a e pro-

Representatives. ceeded with in all respects as similar Bills presented

Certificate when returned to the House of Represen· tatives.

When House of Representatives returns the Bill with Amend· ments on Senate's Amendments.

Further proceedings.

in pursuance of Orders of the Senate ; and Private ' Bills so coming, if accompanied by printed copies of the Reports and Proceedings of Select Committees of the House of Representatives to whom they may have

been referred, shall be proceeded with in like manner, unless the Senate shall otherwise order.

226. When any such Bill shall have been passed by the Senate with or without Amendment, it shall be returned to the House of Representatives by 1\fessage, with the Clerk's certificate that ''This Bill has been agreed to by the Senate without Amendment," or" with the Amendments indicated by the annexed Schedule," as the case may require ; and the concurrence of the

House of Representatives shall be desired to such Amendments.

227. If the House of Representatives shall return such Bill with any of the Amendments made by the Senate disagreed to, or further Amendments made thereon, together with reasons for its disagreeing to any such Amendments proposed by the Senate, the

Message returning the Bill shall be printed, unless the Senate otherwise order, and a future time fixed for taking the same into consideration in a Committee of the Whole.

228. In cases where the House of Representatives­ I. Disagrees to Amendments made by the

Senate; or n. Agrees to Amendments made by the Senate with Amendments:

the Senate may-r. Insist, or not insist, on its Amendments; or may make further Amendments to the Bill consequent upon the rejection of its Amend­

ments ; or propose new Amendments as alter­ native to the Amendments to which the House of Representatives has disagreeLl ; or may order the Bill to be laid aside ; and may-

H. Agree to the House of Representatives' Amend­ ments on itl!l own Amendments, with or with­ out Amendment, making consequent Amend­ ments to the Bill if necessary ; or may

disagree thereto and insist on its own Amend­ ments which the Honse of Representatives has amended ; or may order the Bill to be laid aside ; '

and, unless the Bill shall be laid aside, a Message shall be sent to the House of R epresentatives to such effect as tj].e Senate has determined.

25

229. In any case, when a Bill is returned to the When House of s.A. 836.

Honse of Representatives with any of the Amendments made by the House of Representatives on the Senate's A d t d . d th M t . h disagreed to, men men s 1sagree to, . e essage re urmng sue reasons to Bill shall also contain written reasons for the Senate

not agreeing to the Amendments proposed by the House of Representatives ; and such reasons shall be drawn up by a Committee of three Senators, to be appointed for that purpose when the Senate adopts the Report of a Committee of the Whole disagreeing

to the Amendments in question.

230. When any Amendmen ts shall have been made Fonn of s.A. 837. by the Senate to a Bill which shall have been :first passed by the House of Representatives, a Schedule ments Bill. of such Amendments shall be prepared containing

reference to the page and line of the Bill where the words are to be inserted or omilted, and describing the Amendments proposed ; and this Schedule shall accompany the Bill, and be certified by the Clerk.

231. ·when any further Amendments have been made Form of s.A. 838. by the Senate on the House of Representatives' Amend- ments on the Senate's ori o-inal Amendments to a Bill ments on Houoa o L o! Represen · which shall have been first passed by the House of tatives' Amend·

Representatives, a Schedule of such further Amend- menta. ments shall be prepared, containing reference to each Amendment of the House of H.epresentatives which has been amended by the Senate, and describing the further Amendment proposed; and this Schedule shall accompany the Bill, and be certified by the Clerk.

232. In whatever way the Senate shall dispose of a Clerk to certify s.A. 389. Bill returned by the House of R epresentatives being amended by the Senate, the Clerk shall, at every Bn · stage, certify accordingly on the first page of the Bill.

AMF.NDMENTS AFTER DISAGREEMENT.

233. No Amendment can be proposed in any words Irregular f ih B .l.l h' h 1· · · d th f Amendmento. o e 1 w IC , mvmg receive e concurrence o of the House of Hepresentatives, have not been the subject of, or immediately affected by, some previous

Amendment, unless such proposed Amendment be con­ sequent upon an Amendment already agreed to or made by the Senate.

BILLS AMENDING CONSTITUTION.

234. Before the Third Heading of any Bill by which can of the lt t . f th C t't t' · d th Senate before an a era IOn o e ons 1 u 1011 1s propose ere Third ReadiJ?g shall be a Call of the Senate. If the Third Heading of

any such Bill shall not have been carried by an abso-lute majority of the Senate the Bill shall be forthwith laid aside without Question put, and shall not be revived during the same Session.

LAPSED BILLS.

236. If in any session the proceedings on any Bill or

shall have been interrupted by the prorogation of Par- Bnf: on liament, the Senate may in the next succeeding session by resolution, order such proceedings to be resumed ; provided a periodical election for the Senate has not

taken place between such two sessions.

236. Any such Bill may be sent to the House of Bill may be again R . 'f 't h db · t d d d d sent to House of epresentat1ves as I 1 a een In ro nee an passe Representatives. by the Senate in the second session.

PRESEN1'ATION FOR ASSENT.

237. Every Bill originated in the Senate which shall Bills finally. 1 . H h ll b f . . d passed, cert1· Htve finally passed both ouses, s a e au prmte , fied, and pre· and presented by the President to the Governor- General for Hii Majesty'!! assent, having been first

Universal practice.

Compare Constitution Act sec. 128.

New.

lb.

Compare S.A. 340.

Compare H A. 341.

S.A. 342.

S.A. 343.

New in form but according to practice in S. A.

242 to 245. New. See Constitution.

Amendments proposed by the Governor­ General.

26

certified by the signatures of the President and the Clerk as having in the Senate, and as

having finally passed both Houses.

AMENDMElN'I'S PROPOSED BY THE GOVERNOR-GENERAL.

238. Whenever the Governor-General shall return any Bill presented to him, and transmit therewith any Amendment which he may recommend, such ment shall be considered and dealt with in the same manner as Amendments proposed by the House of

Representatives.

such A!"ond· 239. \Vhen the Senate shall have agreed to any agroed Amendment proposed by the Governor-General with

to the or without Amendment, such Amendment, together

Representatives. with any alterations rendered necessary to be made in

the Bill in consequence of such . Amendment, shall be forwarded to the House of Representatives for ita concurrence ; and any Amendment made by the House of Representatives thereto shall be dealt with in the sa,me manner as Amendments made by the House of Representatives on Bills originated in the Senate.

consideration ol 240 . Amendments recommended by the Governor­

General in Bills originated in the House of Repre-

H through1the sentatives, which shall be agreed to by the Hottse of ouseo . d

Representatives. Representatives and forwar eel for the concutrence of

Presentation to Governor· General.

AI!Iendli'!enill requested ill . Bills incapable of amendment

by Senate.

Bill return0d with Message.

If House of Representatives agrees SeMte With

Blll.

the Senate, shall be proceeded with in the same manner as Amendments made by the Honse of Repre­ sentatives on the Senate's Amendments to Bills fitst received from the House of Representatives.

241. When Amendments recommended by the in any Bill originated in the Senate

have been agreed to by both Houses with or without Amendment, the Bill shall be fair printed and pre­ sented by the President to the Governor-General, having been certified as in manner provided in Standing Order No. 237 ; but if any snch Amendment be disagreed to by the Senate, or if no agreement between the two Houses be arrived at thereon, the President shall again present to the Governor-General for his assent the Bill in the form as first presented by hitn for that purpose.

REQUESTS TO HousE oF REPRESENTATIVES.

242. Whenever any Bill which the Senate may not amend has passed its Second Heading, the Committee on the Bill may from time to time recommend the Senate to request the Honse of Representatives to make Amendments in the Bill, and shall have leave to sit again on receipt of a Message from the Honse of Repre­ sentatives relating thereto.

243. If the Senate adopt any Report of the Com­ mittee, or adopts any such Report with any Amendment thereon, a Message in accordance therewith shall be sent to the House of Representatives together with the Bill.

244. If the House of Representatives agree by Message to all the Amendments reqnested by the Senate, and returns the Bill amended accordingly, the Senate will proceed with the Bill forthwith as amended, and will not request any further Amendments.

conference after 245. If after three (3) Messages have been sent by three Messages. the Senate to the House of Representatives, the House

of Representatives has not agreed to make all the Amendments requested by the Senate, and has not

27

returned the Bill amended accordingly, the Senate may demand a F1•ee Conference, and the proceedings thereon, and subsequent thereto, shall, except so far as modified by the Commonwealth Constitution, be the same as

proceedings on and after ordinary Free Conferences.

CHAPTER XX.

CoMMITTEES oF THE WHOLE SENATE.

246. The Quorum in Committee of the Whole shall Quoru'? in consist of the same number of Senators (exclusive of Comm,ttee. the Chairman), as shall be requisite to form a Quorum of the Senate.

247. A Committee of the ·whole shall be a p}:>ointed Appointment of by a resolution " That the Senate will resolve itself Committee. into a Committee of the Whole," either immediately or on a future day.

248. Whenever an Order of the Day is read for the When ?rder tor Senate to resolve itself into a Committee of the ·whole comm,tteereoo. the President leaves the Ohair without putting any Question, and the Senate therenpon resolves itselfinto ·

Committee, unless upon Notice given an Instruction thereto is proposed from the Ohair.

249. When any matter has been partly considered when oom· in Committee, and the Chairman has been directed to report progress and ask leave to sit again, and the progress. Senate has ordered that the Committee shall sit again

on a particular day, the President, when the Order for the Committee has been read, shall forthwith leave the Chair, and the Senate again resolve itself into such Committee.

250. A Committee shall consider snch matters only A committee to as shall have been referred to it by the Senate. only

referred.

251. Every Question in Committee shall be decided in the same manner as in the Senate itself.

252. A. Motion contradictory of a previous decision contradictory of the Committee shall not be entertained in the same Motions. Committee.

253. A. Motion made in Committee need not be Motions need seconded. not be seconded.

254. No Motion for the Previous Question can be No Previoua made in Committee.

255. In Committee Senator:; may speak more than senatorsmay once to the same Question, and, when a more tho.n

has been proposed from the Chair, shall confine them- selves to such Question.

256. Except as provided by these Standing Orders, order in debate. the same rules for regulating debate, procedure, and the general conduct of Business shall be observed in Committee as in the 8enate itself, the Chairman of Committees being invested with the same authority as the President for the preservation of order; bnt

disorder in a Committee can only be censured by the Senate, on receiving a report.

257. If any objection is taken to a decision of the objection to Chairman of Committees, such objection must be stated at onc e in writing. The Chairman shall thereupon leave the Chair, and the Senate resume. The matter

having been laid before the President, and Senators having addressed themselves thereto, shall be disposed of; and the proceedings in Co.rmnittee shall be resumed where they were interrup'Wd.

S.A. 379. N.S.W. 310. V.L.A. 125.

S.A. 380. See V. L. A. 123.

S. A. practice.

Compare N.S.W. 313. V.L.A. 126.

V.L.A. 129. N.S.W. 315.

N.S.W. 316. (part.)

Practice. House of Commons.

S.A. 386. V.L.A.131. N.S.W. 317.

S.A. 387. V.L.A. 132. N.S.W. 318.

Compare S.A. 389.

Compare S.A. 390. N.S.W. 307.·

Compare S.A.152.

S.A. 154. See N. S. W. 104.

S. A. l."ifi.

Compare S. A. 391. N.S.W. 321.

Compare S.A. 302.

S.A. 393. See N. S. W. 322.

S.A. 395. V.L.A. 188.

Compare S.A. 167.

s.A. soe. N.S.W. 326.

S.A. 397. N.S.W. 328.

Compare S.A. 398. N.S.W. 329.

S.A. 170.

S.A. 400. V.L.A. 146.

S. A. 58.

\V' ords down in Committee.

Words to be objected to when used.

When disorder arises.

When Messagft com es from Governor 4 General.

Want of Quorum only to be reported by the Chairman.

28

258 . 'rhe Chairman shall direct words objected to to be taken down, in order that the same may be reported to the Senate.

250. Every such objection must be taken at the time when snch words are used, and will not be afterwards entertained.

260. If any sudden disorder shall arise in Committee, the President may resume the Chair.

261. The President shall resume the Chair whenever a Mes sage is brought from the Governor-General, or when the time is come for holuing a Conference, or for doing anything which the Senate has ordered to he done at a stated time.

262. If notice he taken, or it appears upon a Division in Committee, that a Quorum of Senators is not present, the Chairman shall leave the Chair of the Committee, and shall inform the President thereof, but make no further report.

No decision of the Committee shall be considered to have been arrJved at by such Division.

Senate counted 263. If a Quorum of Senators be present when the bythePreoident. Senate is counted by the President, the Senate shall

Debate in Committee interrupted.

Report.

Report of progress,

again resolve itself into the Committee of the Whole.

264. If the proceedings of a Committee be inter­ rupted by a Oonnt Out followed by an Adjournment of the Senate, the Senate may order the resumption of such Committee on a future day, on Motion after Notice, and the proeeeclings shall then be resumed at the point where they were so interrupted.

265. When all matters referred to a Committee have been considered, the Chairman shall be directed to report the same to the Senate ; and when all such matters have not been considered, the Chairman shall report progress, and ask leave to sit again .

.Motion to report 266. A Motion may be made at any time during the progreso.· proceedings of a Committee-" That the Chairman do

Motion that tho Ohairman Jean the Chair.

Dilatory Motions: lhni' a• to.

Resol u tioas ol Committee.

Call ol the Senate not earlier than fourteen day&

report progress and ask leave to sit again."

267. A Motion-" That the Chairman do now leave the Ohair " will, if carried, supersede the proceedings of a Committee ; but the Committee may, on Motion after Notice, be revived for a future day.

268. Motions-'' That the Committee do now divide," "That the Uhairman do report progress and ask leave to sit again," and "That the Chairman do now leave the Ohair," shall be moved without discussion, and be immediately put and determined, and no such Motion shall be repeated within fifteen minutes of any of these Motions having been negatived: Provided that the Senator in charge of a Bill or Resolution, or a Minister of the Crown may at any time move to report progress and ask leave to sit again.

269. The Resolutions reported from a Committee may be agreed to or disagreed to by the Senate, or agreed to with Amendments, recommitted to the Com­ mittee, or the fmther consideration thereof postponed.

CHAPTER XXI.

CALL OF THE SENATE.

270. An order for a Call of the Senate shall be made for any day not earlier than fomteen days from the day on which such order shall have been made.

29

271. A notice of the order for a Call of the Senate' Notice of Gall S.A. 59. signed by the Clerk, shall Le forwarded by post to each by Senator.

272. The Order for calling over the Denate on a can of the s.A. 61.

fnture day shall he set down as the first Order of the Day for the day so appointed.

273. 'When the Order of the Day for calling over Order of calling S.A. the Senate is read, unless the same be postponed or the names. discharged , the na,mes of the Senators shall be called over by the Clerk alphabetically.

274. The names of all Senators who do not answer senators not s. A. 63. when called shall be taken down by the Clerk, and subsequently called over a second time, when those ntteu ing. who answer, or afterwards attend in their places on the

same day, are ordiuarily excused.

275. Senators not attending in their places on the s enators not s . A. 64. b d d d

, l attending

s.ame day, may e or ere to atten on a future cay. during the day.

CHAPTER XXII.

SELECT CoMMIT1'EES.

276. Unless otherwise orderecl, all Select Committees seven senators shall consist of seven Senators.

277. The Senators to serve on a Select Committee Mode of may be nominated by the mover ; but if three Senators. appointment. so demand, they shall be selected by ballot.

278. The President shall be ex officio a member of Presiden t the Standing Orders Committee, and of the Library of Committee and of the H onse or Refreshment Depart- Committee• ' (_ ' . only. ment Committee, and not liable to be elected on any other ; and if the Chairman of Committees be elected Cchaim,>an ol

C "t d h ll d l" t d ommtttees. to serve on a ·omm1 tee, an s a ec me o o so, a Senator shall be elected in his stead, in the same manner as the other :::lenators were elected.

279. No Senator shall sit on a Select Committee No interested l h ll b 11 · t t d · th · · b " Senator to be w 10 s a e persona y m eres e ln e mq mry e1ore on ,. committee. such Committee.

280. Senators may be discharged from attending a sdenahtors d A S l C . d h S . t d 'th tsc arge an ... e ect omm1ttee, an ot er enatcrs appom e , e1 er added. by nomination or ballot, after previous Notice has been given.

281. On the appointment of every Committee, a day Bringing up shall be fixed for the reporting of their proceedings to Report. the Senate, by which day the final Report of the Com-mittee shall be brought up by the Chairman, unless · further time be moved for and granted ; but the Senate

may at any time prior to such day receive the final Report of the Committee.

282. In all Select Committees consisting of seven 1n or more Senators, unless otherwise ordered, four shall form a Quorum, and, if at any time the necessary Quorum be not prese:p.t, it shall be incumbent on the

Chc.irman to suspend the proceedings of the Com-mittee until a Quorum be present, or to adjourn the Committee.

See S. A. 345.

Compare N.S.W. 345. V.L.A. 149 and 150.

Compare S.A. 346. N.S.W. 342 V.L.A. 147.

s.A. 349. N.S.W. 348.

s.A. 350. V.L.A. 156. N.s.w. 349

S.A. 351.

Compare S.A. 363.

C7 7

S.A.

Compare S.A. 352.

Compare S.A. 354.

S. A. 355. N.S.W. 354,

Compare S. A. 358, 360. See N.S. W . 357.

S.A. 3'59,

S.A. 362.]

See S.A. 363.

S.A. 364

S.A. 365. V.L.A. 158.

Whett no meeting take• place.

First meeting.

Chairman to have only a Deliberative Vote.

so

283. if, after the lapse of a quarter of an hour froni the time appointed for the meeting of a Select Com­ mittee, there shall not be a Quorum, the Senators present may retire, after entering their names on the Minutes; and the Clerk attending the Committee shall convene a meeting for the next business day.

284. The Mover of the Committee, if a Member thereof, shall fix the time for the first meeting of the Committee ; if the Mover be not a Member the Clerk shall fix the time.

285. Every Committee, previously to the commence­ ment of Business, shall elect one of its Members to be Chairman, who shall have a Deliberative Vote only. When the Votes are equal the Question shall pass in the negative. .

Record o! 286. An entry :;;hall be made in the proceedings of Proceedings and th f' th S t d' 1 C 't Divisions. e names o e ena ors atten mg eac 1 omnu tee meeting, and of every Motion or Amendment proposed in the Committee, t ogether with the mtme of the

Mover thereof; and if any Division take place in the Committee, the Chairman shall take down the names of the Senators voting in any such Division, dis­ tinguishing on which side of the Question they respectively vote.

Adjournment o! • 287. A Select Committee may adjourn from time to Committee. time, and, by order of the Senate, from place to place;

and may sit on those days over ·which the Senate is Not to sit when adjourned, and no Select Committee may sit during Senate is sitting. the sittings of the Senate.

committees.to ' 288. All Committees sitting at the time the Presi­

dent is about to take the Ohair shall be informed

taking the Chair. thereof by the Usher of the Black Hod; all proceedings

Power to send for persons and records.

Clerk of the Committee to summon Witnesses.

Examination ot Witnesses.

Admission of Strangers.

after such notice shall he null and void.

28?. Whenever it may be necessary, the Senate may give a Committee power to send for persons, papers, and records.

290. The Chairman of a Select Committee shall direct the Clerk attending the Committee to summon the Witnesses to be examined before such Committee.

291. The examination of Witnesses before every Select Committee shall be conducted as follows, viz:­ The Chairman shall fir st put to the Witness, in an 1minterrupted series, all such Questions as he may deem

essential, with reference either to the subject referred to therein, or to any branch of that subject, according to the mode of procedure agreed on by the Committee. The Chairman shall then call on the other SenatorR severally by name to put any other Questions which may

have occurred to them during· his conduct of the exami­ nation ; and the name of every Senator so interro­ gating a Witness shall be noted and prefixed to the Questions asked. All replies to Questions put shall be in writing ; but if the Committee be attended by a shorthand writer, the notes of such shorthand writer shall be sufficient.

292. When a Committee is examining Witnesses, Strangers may be admitted, but shall be excluded at the request of any Senator, or it the discretion .of the Chairman of the Committee, and :shaH always he excluded when the Committee is deliberating.

3i

293. Senators may be present when a Committee is A•lmission ol ' ' "'\IT't 'b t L ll · ] l · n ot her Sen nt vrs.

exammmg n I nesses ; n s a w1t H raw It r e-

quested by the Chairman or any Mernl>cr of the Com­ mittee ; and shall always withch·a11' when the

Committee is deliberating.

294 .. No Senators, not being- of.the Committee, shall be admitted at any time to a Secret Committee.

295. The evidence taken by any Select Committee Ev idence n ot to f h S

" . be

o · t . e enate, and documents presented t o such Com-mittee which have not heeu reported to the Senate, shall not be disclosed or published by any Member of such Committee, or by any other person.

296. By leave of the Senate a Committee mav report from time to time its proceedings with or witl;ont the epor ts. evidence, or the evidence only.

297. It shall be the clnt.)' of the Chairman of every Chairman to C . . " prepare Report.

Select ommittee to prepare a Draft Report.

208. The Chairman shall read to th e Committee Considerat ion of convened for the purpose the whole of his Draft Report, Draft Report. which may at once be considered, but, if des ired 1y any Senator, it shall be printed and circulated amongst

the Committee and a subsequent day fixed for its con-sideration ; and in consillering the Report the Chair-man shall read it paragraph by pantgmph, pntting the Question to the Committee at the end of each para-

graph-" That it do stand part of the Heport." A Senator objecting to any portion of the B.eport shall propose his Amendment at the time the paragraph he wishes to amend shall be under consideration, but no

protest or dissent shall be added to the Heport.

299. If any Senator, other than the Chairman, Alternative b · D f' n t h C •tt } C . t Draft Report. su mit a ra t n epor tot e ommi ee, t 1e omtmt ee shall first decide upon which Report they will proceed.

300. After the Draft Report has been con sidered the Recon· 1 1 f

. d sideration.

w 10 e or any paragra.pl1 t hereo may be rec onstdere and amended. ·

30 l. Every Report of a Committea shall be signed Chairman to by the Chairman, and any papers laid before the sJgn Report. Committee shall be indorsed by him.

302. The Report of a Committee shall be presented Report brought to the Senate by the Chairman, and may be read. up.

303. Upon the presentation of a Report no discussion shall take place; but the Report may be ordered to be dJscusawn. printed with the doeuments accompanying it.

304. If any proceeding be nece ssary upon a R eport Motion lor f n 'tt h . • l' . } ll b b } t subsequent o a uommi ee, sue proceec mg s m e roug l proceeding·s. under the consideration of the Senate by a specific Motion, of which notice must be given in the usual

manner.

305. Payment shall lle Imule accordiu 0 o· to the fo l- r a;·ment of l . l -" . l h '" . cert"m OWing sea e to any pr01CSS10l1a or !) t er v 1tnesscs, or Witnesses before C . l · Comm1ttces. to persons whom the omnnttee may c eem1t nece;;;sary

to employ in furtherance of the inquiry with which the F,ll991, 'f)

S.A. 306. Y.L A. 159.

See S. A. :JU7. V.L.A. lGU.

S.A. 86B. V. L.A. N.S. IV. :W 7.

See S. A. 361.

S.A. :!69. V.L.A. 107.

S.A. :>70. See N.S. W. 370. V.L.A. 168.

New.

New.

Compare N.S.W. 371.

See S. A. 372.

S.A. 373.

S.A. 374. N.S.W. 373.

See S. A. 375.

670

S.A. 267]

S.A. 268.

S.A. 269

S.A. 270

S.A. 376. N.S.W. 375

Nos. 311 to 316 compare N.S.W. Parliament Electorates and Electors Act, sec. 121,.et seq.

32

Colllmitt.:c ic; elHtrgcll; and the Chairman's certificate on the faec of an account shall be sufficient authority for its payment by the Clerk of the Senate.

Attendance for professional witness

£ s. d.

At the discretion of the Committee

Attendance for ordinary witness 0 10 6

Travelling expenses (if more than six miles), per mile each way 0 0 6

Hotel and other expenses, per day, lOs. 6d., unless the Chr.ir· man certifies to a larger amount not exceeding l5s.

Additional compensation for loss of time in certain cases and special payments shall be determined by the Committee.

select 306. No Select Committee of the Senate shall confer Committee only 't} S 1 t C 'tt f h H f R to confer by Wl l a >.: e ec omml ee 0 t e OUSe 0 epresenta-order of Senate. tives without an order of the Senate.

conference with 307. When any such order has been mad·e, it shall be communicated by Message to the House of Repre­

d sentatives with a request that leave may be given to

the Select Committee of that House to confer with the

Select Committees comn1unieate by word of mouth.

Select Committee of the Senate.

308. Every Select Committee of the Senate directed to confer with any Select Committee of the House of Hepresentatives may confer freely by word of mouth, unless the Senate shall otherwise order.

Select 309. The proceedings of every Conference between or a Select Committee of the Senate and a Select Com­

report mittee of the House of Representatives shall be

reported in writing to the Senate by its own Com-

mittee.

ListofMember• 310. Lists of all Select Committees shall be affixed serving. in some conspicuous place in the Lobby and Clerk's Office.

Disputed election.

Petition to be lodged with Clerk.

Signatures to }Jctition.

CHAPTER XXIII.

DISPUTED RETURNS.

311. Any question of a Disputed Election shall be brought before the Senate by a Petition.

312. Every such Petition shall be lodged with the Clerk of the Senate within forty clays after the return of the Writ for the Election concerning which the dispute arises.

313. Every such Petition shall be signed by a Can­ didate at the Election concerning which the dispute arises, or by at least fifty electors who were qualified to vote at such Election, and the signatures to such Petition shall be verified by affidavit or statutory de­ claration. Such affidavit or statutory declaration shall be prirna facie evidence that the Petition has been properly signed.

33

314. The sum of One hundred pounds shall be paid Deposit for pay. to the Clerk of the Senate at the time the Petition is ment of costs. lodged with him as surety for the payment of costs by the Petitioners in case the Senate decides that the

Petitioners shall pay costs to the Respondent.

315. If the above-mentioned conditions have been certificate of complied with, the Clerk shall so certify on the Peti- tion, and the President shall lay the Petition on the Table.

316. These Standing Orders shall not apply to the Limi_tati!Jn of proceedings on any Petition filed with the Clerk before apphcatwn. the first day of August, 1901 ; the proceedings on any such Petition shall be determined from time to time

by the Senate.

CHAPTER XXIV.

INSTRUCTIONS TO CoMMITTEES.

317. An Instruction empowers a Committee to con- Effects ofan sider matters not otherwise referred to it. Instruction.

318. No Instruction can be given to a Committee to What Instruc-do that which it is already empowered to do. be

319. An Instruction may be given to a Committee Division or B 'll B'll 1' consolidationol to divide a 1 into two or more 1 s, or to conso 1- Bill•. date several Bills into one.

An Instruction to a Select Committee extends Instruction to

or restricts the order of reference, and may be moved, after Notice, on any day prior to the Report of the Committee.

CHAPTER XXV.

CoMMUNIOATION BETWEEN THE Two HousEs.

321. Communications with the House of Repre- Modes of sentatives may be by Message, by Conference, or by Select Committees conferring with each other.

322. Every Message from the Senate to the House Messages to be of Representatives shall be in writing, or partly in writing and partly in print, signed by the President, and delivered by the Clerk or Clerk-Assistant during

the sitting of the Senate.

323. It shall be in order at any time to move, Resolution 'th t t' th t 1 t' f th S b communicated W1 ou no Ice, a any reso u 10n o e enate e to House of communicated by Message to the House of Representa- Wlthout notice. tives.

324. Every Message from the House of Representa- Messages from tives shall be received without delay by the Clerk- Assistant at the Bar, and be reported by the

President as early as convenient, and a future time named for its consideration; or it may, by leave, be dealt with at once. DZ

S.A. 405. V.L.A. Rule 32. N.S.W. 337,

Compare S.A. 407. V.L.A.170. N.S.W. 338.

Practice of House of Commons.

Compare S.A. 409,

Compare V.L.A., Joint S.O. 1. N.S.W. 222.

S.A. 250. SeeV.L.A., Joint S.O. 2. N.S.W. 223.

See N. S. W. 226.

Compare S.A. 251. N.S.W. 224.

68 1

S.A. 252.

See N.S. W. 228. S.A. 253·4.

lb.

Compare S.A. 255.

N.s.w. 231.

S.A. 258.

S.A. 260.

S.A. 261.

S.A. 262.

S.A. 263.

See S.A. 264, 265, .

S.A. 266.

New.

Conference requested by Message.

34

CHAPTER XXVI.

CONFEREN CES.

02 5. Conferences desired bv the Senate with the House of Representatives in all cases be re­

quested by Message.

Object of Conference and number of

326. In requesting any Conference, the Message from the Senate shall state, in general terms, the object for which the Conference is desired and the number of Managers proposed to serve thereon, which shall be not less than :five.

to be

Motion for Conference to contain namea of Managers.

Managers may be appointed by Ballot.

327. Every Motion for requesting a Conference shall contain the names of the Senators proposed by the Mover to be the Managers for the Senate.

328. If, upon such Motion, any three Senators shall so require, the Managers for the Senate shall be selected by Ballot.

During con- 329. During any Conference the Business of the

Senate shall be suspended.

By whom Conference demanded.

330. No Conference shall be requested by the Senate upon the subject of any Bill or Motion of which the House of Representatives is at the time in

possession.

ManagerS to 331. The Managers to represent the Senate in a equal in Conference requested by the House of Representatives those appomted bRy House • .?tr. shall consist of the same number of Members as those

epreseni/U IVe&. f h H f R .

o t e ouse o epresentat1ves.

House agreeing to Conference to name time and plaoe.

:332. In respect of any Conference requested by the House of Representatives the time and place for holding the same shall be appointed by the Senate; and when the Senate requests a Conference, it shall agree to its being held at such time and place as shall be

appointed by the House of Representatives, and such agreement shall be communicated by Message.

Senate &greeing 333. At all Conferences requested by the House of to Conference to R .

receive epresentat1ves the Managers for the Senate shall

assemble at the time and place appointed, and receive

Representatives. the Managers of the House of -Representatives.

Communi· cations at Conferences to be in writing.

Proceedings at Oon!er"ences.

l'roMedinga to be reported.

One Confer•nce only.

334. At ail Conferences the reasons or resolutions of the Senate, to be communicated by the Managers, shall be in writing ; and the Managers shall not receive any such communication from the Managers for the House of Representatives unless the same be in writing.

335. At all Conferences it shall be the duty of the Managers for the Senate to read the reasons or resolu­ tions to be communicated by them, and to deliver the same to the Managers for the House of tives or to hear and receive from the Managers for the . House of Representatives the reasons or resolutions

communicated by the latter ; whereupon the Managers for the Senate shall be at liberty to confer freely by word of mouth with the Managers for the House of Representatives.

336. The Managers for the Senate shall, when the Conference has terminated, report their proceedings to the Senate forthwith.

337. There shall be only one Conference on any Bill or other matter.

35

CHAPTER XXVII.

JOINT CoMMrrTEES.

338. In every Message proposing to the House of Number of R t t . t} · t t f J . t (' . Senators to epresen .a wes le appom ,men 0 a . om lommlt- serve on. tee, the Senate will state the number of Senators it will appoint to serve on such Committee.

330. On receipt of a Message from the House of Number of R t t . . t . t tl b Senators epresen a 1ves agreemg o appom 1e same num er appointed by of Members of that House to serve on the proposed Senate. Joint Committee, the Senate will proceed to appoint

the agreed-upon number of Senators to serve on such Committee.

340. The Senate shall fix the quorum of its

Members who shall be present to constitute a sitting of a Joint Committee. Subject to this a Joint Com-mittee shall fix its own quorum.

341. Whenever the House of Representatives shall Time :md place agree to a proposal from the Senate for the appoint- or first meetmg. mel).t of a Joint Committee, the first meeting of such Committee shall be held at such time and place as

shall be named by the House of Representatives ; and in every Message agreeing to a proposal by the House of Representatives for the appointment of a Joint Committee, the Senate will name the time and

place for the first meeting of such Committee.

342. The proceedings of every Joint Committee Report o! shall be reported to the Senate by one of the Senators proceedmgs. it shall have appointed to serve on such Committee.

CHAPTER XXVIII.

THE BALLOT.

343. Before the Senate proceeds to any Ballot, the Bells rung bells shall be rung as in a Division. · prior to Ballot.

344. The Ballot shall be taken in the following Manner of manner :-Each 8enator present shall give to the Clerk a list of the names of such Senators as he may committee•. think fit and proper to be chosen at such Ballot ; and

if any list contain a larger or lesser number of names than are to be chosen it shall be void and rejected. And when all the lists ttre collected, the Clerk, with the 1\'lover acting as scrutineer, shall ascertain and report

to the President the names of the Senators having the greatest number of votes, which Senators shall be declared to be chosen. If two or more Senators have an equality of votes, the President shall determine by lot which shall be chosen.

CHAPTER XXIX.

AccouNTs, PAPERS, AND RETURNS.

345. Accounts and Papers may be ordered to be Accounts, &c., laid upon the T<:tble, and the Clerk shall communicate ordered. to the Senator having the conduct of Government Business all Orders for Papers made by the Senate ;

and such Papers when returned shall be laid on the Table by the Clerk.

346. When the Royal Prerogative is concerned in Addresses for any Account or Paper, ail Address shall be presented to the Governor-General praying that the same may be laid before the Senate.

See N. S. W. 236· 238. Joint Standing Orders of Victoria, 8·10.

lb.

lb.

lb.

New, but the practice of moet States.

See S.A. 347. N.S.W. 347.

S.A. 348. Compare N.S.W. 346.

V.L.A. 265. Compare S.A. 231.

V.L.A. 266,

()!:) :·)

S.A. 233.

See Y.L.A. 267.

S.A. 235.

New, but practice of most States.

New.

S.A. 236.

S.A. 238.

S.A. 239,

S.A. 240.

S.A. 241.

S.A. 242.

S.A. 243.

Fonn of such Adrlresses.

36

34 i. Motions for the production of Despatches, or other Correspondence addressed to the Governor­ General, or for any information emanating from His Excellency, shall be in form-'' That an Address be presented to His Excellency," to that effect.

Presentation of certain Papers. 348. Other Papers may be presented pursuant to Statute by the President, or by Command of His

Excellency the Governor-General.

Papers presented are public. Papers may be inspected and copied.

Quoting Documento.

Document quoted may be ordered to be laid on the Table.

Printing ol Papers.

How propoted.

Addresses to Royal F"mily, how proposed,

Addresses to His Majesty sent to the

General by the President.

349. All Papers and Documents laid upon the Table of the Senate shall be considered public. Papers not ordered to be printed· may be inspected at the Office of the Senate at any time by Senators, and, with permission of the President, by other persons, and copies thereof or extracts therefrom may be made.

350. A Document relating to public affairs quoted from by a Minister of the Crown, unless stated to be of a confidential nature, or such as should more pro­ perly be obtained by Address, may be called for and

made a public Dor.ument.

351. A Document quoted from by a Senator not a Minister of the Crown may be ordered by the Senate to be laid upon the Table, such order may be made without Notice immediately upon the conclusion of the speech of the Senator who has quoted therefrom.

352. On any Paper being laid before the Senate, it shall be in order to move (1) That it bP. read, and, if necessary, a day appointed for its consideration ; (2) That it be printed.

CHAPTER XXX.

ADDRESSES TO THE KING oR THE GovERNOR-GENERAL.

353. Whenever it be de emed proper to present an Address to His Majesty or the Governor-General, the same shall be proposed, except in cases of urgency, on Motion after Notice in the usual manner.

354. Addresses of Congratulation or Condolence to Members of the Royal Family shall also be proposed in a similar manner.

355. Addresses to His Maj esty or to Members of the Royal Family shall be transmitted to the Governor­ General by the President, requesting His Excellency to cause the same to be forwarded for presentation.

Presentation ol 356. Addresses to the Governor-General shall be the presented by the President, unless the Senate other-

General wise order.

When 357. When an Address is ordered to be presented by hole the Whole Senate, the President, with the Senate, shall

proceed to such place as the Governor-General may appoint ; and, being admitted to the Governor­ General's presence, the President shall read the Ad­ dress to the Governor-General, the Senators who moved and seconded such Address being on his left hand.

Governor- 358. The Governor-General's answer to any Address General's reply. presented by the l!Vhole Senate shall be reported by

the President.

37

CHAPTER XXXI.

MESSAGES FROM THE GOVERNOR-GENERAl •.

35\J. ·whenever a Message from the Governor- I>Icssages how General shall be announced by the Usher of the Black received. Rod, the Business before the Senate shall he im­ mediately suspended, and the bearer of the Message, shall be introduced to deliver the Message at the Bar,

where it will be received by the Clerk, who will at once bear the same to the President.

360. The President shall immediately read the To be forthwith l\H" l S read by

.1.uessage to t 1e enate. President. ·

361 . So soon as the Message has been read bv the Messenger to P 'd t th b f 1 l\.1 'll . l d • withdraw res1 en , e earer o t 1e .1.r essage w1 w1t 1 raw. ·

362. The Messltge may, if necessary, be at once When to be taken into consideration, or ordered to be printed, and considered. a future day fixed for taking the same into considera-tion.

363. A Message from the Governor-General may be May be . presented to the Senate by a Minister of the Crown at the Bar, but not during a Debate, or so as to interrupt a Senator whilst speaking.

CHAPTER XXXII.

STRANGERS.

364. The President only shall have the privilege of Members of admitting Strangers into that portion of the Chamber below the Bar. l\1em bers of the Honse of Represen- and Cel'tain . . . . , Strangers tat1ves shall have the pl'lVlleo·e of admlSSlOil there admitted below without orders. The President admit distinguished the Bar. strangers to a seat on the floor of the Senate. 365. Every Senator may admit three Strangers to strangers the gallery each day, by written orders. by 366. If at any sitting of the Senate, or in Committee withdrawal or any Senator shall take notice that Strangers are Strangers. present, the President or the Chairman (as the case may be) shall forthwith pnt the Question "That Strangers be ordered to withdraw," which shall be decided without debate : Provided that the President, or the Chairman, may, whenever he thinks fit, order the withdrawal of Strangers from any part of the Chamber. 36 7. No Senator shall bring any Stranger into any No stranger t f th Ch b , . ,· t l t p, t h'l o.dmittedinto par o e am er appropna ec o ors w 1 e the body ot the the Senate or a Committee of the \Vhole is sitting. Chamber. 368. No Stranger shall be admitted at any time to a or to .. secret Secret Committee. Committee. CHAPTER XXXIli. WITNESSES. 369. Witnesses, not being Senators, shall be ordered Witnesses to attend before the Senate, or a Committee of the Whole, by summons under the hand of the Clerk of the Parliaments ; or before a Select Committee, by summons under the hand of the Clerk attending the Committee.

S.A. 244.

Compare S.A. 245 .

S.A. 247.

S.A. 240.

Compare S.A. 248.

See N. S. W. 59. V.L.C. 48.

S.A. 'i'3.

See N.s.w. eo. V.L.A. 12A.

V. L.A.13. N.S.W. 61.

N.S.W. 62. V.L.C. 199. V.L.A. 160.

See j.A. 410. Compare N.S.W. 370.

()b5

COHIJ K'l.r{! V. L. A. li-1-,;,

N.S.W. 377.

S.A. 412-3. See V.L.A. li7.

S.A. 414.

S.A. 415. N.S.W. 379.

S.A. 41 6. N.S.W. 380.

S.A. 417. V.L.A. 172.

S.A. 419.

.A. 420.

S. A. 421.

S.A. 429,

S.A. 423.

S.A, 424,

Recusant Wi tn css,

Senator S, how

38

3/0. If a\Vitnc:-;s fails or r e fuses to attend or to give eYiclence, the Senate, ou beiug acq nainted therewith, shall deal with the matter.

371. When the attendance of a Senator is ordered by the Senate to b e examined by the Senate or a

Committee of the ·whole, he sha ll be summoned by the P resident to attend in his place.

By" 3 72. If a Select Committee desire the attendance of

Comm1ttee. t 'I'U't l Ch · h 11 · 't-

Il a senator a .oena or as a n 1 ness, t 1e auman s a , In wr1

refuse to attend. ing, r equest him to attend; but should he r efuse to

Committee not to entertain charges against Senators.

come, or t o give evidence or information, as a Witness to the Committee, the Committee shall acquaint the Senate ther ewith, and not again summon such Senator to attend the Committee.

373. If any information come before any Committee that chargeth any Senator, the Committee ought only to direct that the Senate be acquainted with the matter of such information, without proceeding further thereupon.

When atten d- 374. When the attendance of a Member of the

ance of or H onse of Hepresentatives, or any Officer of that

Officer of H . J • l t l . l l l S t

House of ouse, Is nesuec, o Je exanunec JY t lC , ena e or

any Committee thereof (not being a Com mittee on a

Private Bill), a Message shall be sent to the Honse of R epresentatives to request that the House of Hepre­ sentatives give leave to such .Member or Officer to attend, in order to his being examined accordingly.

of 375. the Hoase of H;presentatives request

om cerso!Senate by Me ssage tne attendance of a Senator b efore a Select Committee of the House of Hepresentatives, the Senate

may forthwith authorize such Senator to attend, if he

Wh en intended Witness is in prison.

Witnesses entitled to protection.

Witnesses at the Bar.

Witnesses be! oro the whole Senate examined by the President.

Before Com· mittee by any Senator.

Witn ess withdraws if Question objected to.

!en a tor examined in his pltwe.

think fit. The Senate, if similarly requested by the House of Representatives, iu ay also instruct its own Officers t o attend such Co mmittees, if the Senate think fit.

376. When a Witness shall be in the custody of the keeper of any prison, such keeper may be ordered to bring the Witness, in safe custody, in order to his being examined ; and from time to time, as often as his attendance shall be thought necessary ; and the

President may be ordered to issne his warrant

accordingly.

377. All Witnesses, examined before the Senate, or any Committee thereof, are entitled to the protection of the Senate in respect of anything that may be said by them in their evidence.

378. When a Witness is examined by the Senate or a Committee of the \Vhole, the Bar is kept down.

379. When the Witness appears before the Senate, the President shall examine the Witness, and any ques tions addressed by Senators are taken to be put through the President.

330. In Committee of the Whole, any Senator may put questions directly to the Witness.

381. If any question be objected to, or other matter arise, the Witness shall withdraw while the same ie under discussion.

382. A Senator shall be examined in his place.

39

383. N 0 Clerk, or Officer of the Senate, or Short- Officers net tQ hand Writer employed to take down speeehes in, minutes of evidence before the Senate, or any Com-mittee thereof, may give evidence elsewhere in respect

of any pr oceedings or examination had at the Bar, or befor e an y Committee of the Senate, without the specin1leave of the Senat e.

CHAPTER XXXIV.

CONDUCT OF SENATORS AND HULES OF DEBATE.

384. Order shall be maintained in the Senate by the to be. President. by

. 38;'> . ·whenever the Presiclent rises during a Debate, Whe!l the . any Senator then speaking or offering to speak shall President mes. sit down, a nd the Senate shall be silent, so that the P resident m ay be heard without interruption.

386. When the President is putting a Question no When the Senator shall walk out of or across the Chamber. is

Question.

387. Every Senatol' b e uncovered when he senator to be

enters or leaves the Chamber, or moves to any other ..

part of t he Chamber during the Debate, and shall make obeisan ce to t he Chair in passing t o or from his seat.

388. No Senator shall pass between the Chair and Senators passing any Senator who is speaking, nor between the Chair the and the Table.

See S.A. 426.

See (part)V.L.A.103

S.A. 144. V.L.A. 104.

See (part) V. L.A. 29. S.A. 145.

V.L.A. 28. N.S.W. 71.

Y.L.A. 29. See N.S. W. 72,

389. Every Senator, whell he comes into the senators to take v.L.A. 30. ChamhPr, shall take his place, and shall not at any their places. time stand in any of the passages or gangways.

390. No Senator sh all turn his back to the Chair to face

when speaking, or shall unnecessarily stand or sit the Ohair. with his back to the Chair.

• 391. Every Senator desiring to speak shall rise un- senators to covered, and address himself to the President. standing and uncovered.

392. By the special indulgence of the Senate, a Indulgence to S t bl · tl t t l 1 f Senl\tors unablo ena or , una · e conven1en y o s anc "JY reason o to stand. sickness or infirmity, will be permitted to speak sitting and uncover ed.

393. \Vhen two or more Senators rise together to The President speak, the President shall call upon the Senator who, in his opinion, first rose in his place. speak.

New, but practice Of lllOSt States.:

V.L.A. 73.

V.L.A. Rule 29 N.S.W. 136.

Compare V.L.A. 76.

394. No Senator shall r ead his speech. Speech not read. Universal

practice.

390. Every Senator may speak once on-( a) Any Question before the Senate ; (b) Any Amendment thereon; (c) In Reply, if he is entitled to Reply; but not otherwise . In Committee, Senators may speak more than once.

Right of speech Vic. and N.S. W . in Senate. practice.

In Committee.

396. By the indulgence of the Senate, a Senator Personal . f l ltl h explanatiOn.

S.A. 125.

may explam matters o a persona nature, a 1oug there be no Question before the Senate ; but such matters may not be debated,

(587

Compare S.A. 131.

Oompare N.S.W. 139.

lb. 140.

General practice.

S.A. 132.

S.A. 134.

S.A. 135.

B.A. 136.

Compare S.A. 137.

Compare S. A. 138, 140,

Compare S.A. 141.

Compare S. A. 142.

Compare V.L.A. 78B. See N.S. W. 157

See S. A. 143.

40

Senator not 397. It shall lle competent to a Senator, when he

speaking when seconds a Motion or Amendment or moves au Order of seconding or the Day, wi.thoutf speaking t.o it, to the S

0 endate

when moving on the SUbJect 0 such Motwn, Amen ment, or r er

of the Day, at any subsequent period of the Debate.

Except to explain his words.

Or to reply in certain easel.

308. A Senator who has spoken to a Question may again be heard, to explain himself in regard to some material part of his speech which has been misquoted or misunderstood, but shall not introduce any new matter, or interrupt any Senator in possession of the

Chair, and no debatable matter shall be brought for­ ward or debate arise upon such explanation.

D99. A reply shall be allowed to a Senator who has made a substantive Motion to the Senate, or moved any reading of a Bill, but not to a Senator who has moved an Amendment or the Previous Question.

400. In all cases the reply of the Mover of the

original Question closes the Debate.

Debatesofsame 401. No Senator shall allude to any Debate of the Session not to be S · Q t' B 'll t b · th alluded to. same ..: esswn upon a ues IOn or 1 no emg en under discussion, nor to any speech made in Committee, except by the indulgence of the Senate for personal

explanations.

Extracts referring to Debates not to be read.

402. No Senator shall read extracts from newspapers or other Documents referring to Debates in the Senate during the same Session.

Reflections upon 403. No Senator shall reflect upon any Vote of the

the Senate, except for the purpose of moving that such

Vote be rescinded.

Allusion to 404. No Senator shall allude to any Debate of the

DebateinHouso t S · · th H f R t t' t of curren esswn In e onse o epresen a 1ves, or o tatives. any Measure impending therein.

Use of the King's or the

General's name.

Offensive words against either House or any Senator.

405. No Senator shall use the name of His Majesty or of His representative in this Commonwealth irre­ verently in Debate, nor for the purpose of influencing the Senate in its deliberations.

406. No Senator shall use offensive words against either House of Parliament or any Member of such Honse, or of any House of a State Parliament,

or against any Statute, unless for the purpose of moving for its repeal, and all imputations of improper motives and all personal reflections on Members shall be considered highly disorderly.

Debate confined 407. N 0 Senator shall digress from the subject

matter of any Question under discussion ; nor antici­

pate the discussion of any subject which appears on the Notice Paper.

Question may be 408. Each Senator may of right require the Ques­ to be tion to be read by the Clerk for his information at any

time during the Debate, but not so as to interrupt a Senator speaking.

President"or 409. The President or the Chairman of Committees

may call the attention of the Senate or the Committee,

as the case may be, to continued irrelevance or tedious

tinuance or repetition, and may direct such Senator to discontinue speech. his speech: Provided that such Senator shall have the

Provision for right to require that the Question whether he be limitation of f h h d b h h Q · •veeches. urt er ear · e put, and t ereupon sue nestwn shall be put without Debate.

41

41U. No Senator shall interrupt another Senator Interruption s.A. 146. whilst speaking, unless (1) to request that his words not allowed. be taken down ; (2) to call attention to a Point of Exceptions. Order or Privilege snddenly arising ; or (3) to call

attention to the want of a Quorum.

411. When any Senator objects to words used in words taken s.A. 153. Debate, and desires them to be taken down, the Presi- the dent shall direct them to be taken down by the Clerk accordingly.

412. Every such objection must be taken at the Words to be Compare time when such words are used, and will not be after- s.A. 155·

wards entertained.

413. Any Senator may rise to speak "To Order," "To see N.s.w. 158.

f P . .1 h' h h . . Order or or upon a matter o nv1 ege w lC as ansen smce Privilege. the last sitting of the Senate.

414. All Questions of Order and matters of Precedence to See N.S.W. 159. P , 'l h' hh , • th l t 'tt' f h Questionof nv1 ege w 1c ave ansen smce e as s1 mg o t e or Senate, until decided, suspend the consideration and Pnv•Iege. decision of every other Question.

415. Any Senator complaining to the Senate of a complaints s.A. 149. t t t . b h f p · 'l agamst s a emen In a newspaper as a reac o nv1 ege, newspapers. shall produce a copy of the paper containing the statement in question, and be prepared to give the name of the printer or publisher, and also submit a

substantive Motion declaring the person in question to have been guilty of Contempt.

416. Upon a question of Order being raised the Proceedings on seeS.A.150. Senator called to Order shall resume his seat. ° 1

417. If any objection is taken to the ruling or Objection to seeS.A.15 1. decision of the President, such objection must be taken at once, and in writing, and Motion made, which, if seconded, shall be proposed to the Senate, and Debate

thereon forthwith adjourned to the next sitting day, unless the matter requires immediate determination.

418. The following motions are not open to de- Motions not Formulates bate, shall be moved without argument or opinion opentodebate. practiceinS.A. offered, and shall be forthwith put by the President from the chair, and the vote taken :-

(a) That the Senate do now adjourn. (b) That the Senate do now divide. (e) 'l'hat this debate be now adjourned.

419. No Senator may speak to any Question after No senator to s.A. 172 l h b b l P 'd d l . speak after t 1e same as een put y t 1e res1 ent an t 1e vmces Question put. have been given in the affirmative and negative thereon.

420. If the Motion ''That the Senate do now divide" 11 Motion that see s.A. m. b · d h S h 11 1 Q · Senate do now e carne ' t e enate s a vote on t le uestwn Divide carried, immediately before it without further Debate or Amendment ; but if the Motion to divide be lost, the Debate shall be resumed where it was interrupted.

AdJournment qf Debate.

421. A Debate may be adjourned either hour of the same day, or to any other day. to a later Adjournmentof Debate.

See S.A.

422. The Senator, upon whose Motion any Debate se'.'ator. s.A.164. shall be adjourned by the Senate, shall be entitled to pre-audience on the resumption of the Debate. to pre-audience.

423. In the event of a Motion for the Adjournment Motion s.A. 105. of the Debate upon any Question being negatived, the Senators moving and seconding the Motion for such Adjournment m,ay address the Senate at any time speak. during such Debate.

424. If a Debate be interrupted by a Count Out or by Resumption of s.A.166. any Adjournment of the Senate, such Debate may, on Motion after notice, be reSllmed at the point where it was so interrupted. ·

425 t o 429, Practice of the House of Com­ mons, and in substance, in all the States except ns to 427 and 428.

V.L.A. 99. V. L.C. 138.

ee S.A. 79.

SeeV.L.A. No. 12,

See S.A. 81,

42

INFRINGEMENT OF ORDER AND PRIVILEGE.

425. If any Senator--Offen ce reported by President. ( a) persistently and wilfully obstructs the busi­

ness of the Sen ate ; or

Offence in Committee.

(b) is guilty of disorderly conduct ; or (c) uses objectionable words, and refuses to either explain same to the satisfaction of the President, or withdraw such words and

apologize for their use ; or (d) persistently and wilfully refus es to conform to the Standing Orders, or any one or more of them ; or (e) persistently and wilfully disregards the

authority of the Chair; The President may report to the Senate that such Senator has committed an offence.

426. If any of the above-named offences has been committed by a Senator in a Committee of the Whole Senate, the Chairman may suspend the proceedings of the Committee and report to the President that an offence has been committed by such Senator.

Proceedings on 427. 'When a ny Senator has been reported as having report o! offence. 'tt d lr- M · · d' 1 b

Duration of suspension·.·

Senator suspended excluded from Chamber.

Senate wlll not permit

Senators ordered to t>ttend.

comm1 e an ouence, a otwn may mune 1ate y e

moved-" That snch Senator be suspended from the sittin g of the Senate." No amendment, Adjournment, or Debate shall be allowed on such Mo tion, which shall be immediately put by the P r esident.

428, If any Senator be suspended, his suspension on the fir st occasion shall be for the remainder of that clay's sitting ; on the second occasion for one week; and on the third or any subsequent occasion for one month.

429. When a Senator has been suspended he shall not be permitted t o enter the Chamber dnring the period of his suspension. If he does so enter the Chamber during such suspension, the President shall order the

Usher of the Black Rod to remove him from the Chamber.

430. The Senate will interfere to prevent the prose­ cution of any quarrel between Senators, arising out of Debates or Proceedings of the Senate or of any Com­ mittee thereof.

431. If any Senator shall wilfully disobey any order of the Senate, he may be ordered to attend in his place, or, if he is under suspension, at the Bar, to answer for his conduct ; and, unless his exc us es be deemed satisfactory, the Senate may direct the Usher of the Black Rod to take such Senator into custody.

Arrest ol 432. The Usher of the Black Rod shall, on being

directed by the President, take into custody any

g"l!ery. Stranger whom he may see, or who may be reported

Arrest of Senator or stranger to be reported.

to be, in any part of the Chamber appropriated to Senators ; and also any Stranger who, having been admitted into any other part of the Senate or gallery, shall misconduct himself, or shall not withdraw when Strangers are directed to withdraw, while the Senate or any Committee of the whole Senate is sitting ; and no person so taken into custody shall be discharged out of custody without the special order of the Senate.

433. When any Senator or other f!erson shall have been taken into the custoclv of the Usher of the Black Rod, such arrest shall be rep orted to the Senate by the President without delay ; and the Senate shall fix the time for such Senator or other person being brought to the Bar to be dealt with by the Sena,te.

43

434. Except so far as is expressly provided, these Exercise ot Standing Orders shall in no way restrict the mode in Senate's power. which the Senate may exercise and uphold its powers, privileges, and immunities.

CHAPTER XXXV.

SusPENSION OF STANDING ORDERS.

43;), In cases of1 nrgent necessity, any Standing or lVIotion tor Sessional Order or Orders of the Senate mtty be sns- penclecl on Motion, duly made and seconded, without .Notice : Provided tlmt such Motion is carried by an

absolute majority of the whole number of Senators.

436. When a Motion for the sus pension of any 1\Iotion for Stanclino· or Session-:tl Order or Orders appears on the susJ?ension wit!) • b c notice. NotiCe Paper, such JYiotion may be carried by a majority of voices.

437. The sus pension of Standing Orders shall be Limitati.on ot limited in its operation to the particular purpose for suspensiOn. which such suspension has been sought.

JOINT STANDING ORDERS.

Every Public Act of the Parliament commencing Acts to be No. 1 from the clay of , 1901, shall

be numbered in Ambic figures, and in regular arith-metical series in the order in which the same shall be assented to by His Excellency the Governor-General, or in which the King's assent thereto is made known, together with the number of the year in which such Act shall receive the Royal Assent.

DISAGREEMENT BETWEEN THE HOUSES.

(Section 57, Commonwealth Act.)

(a) The JYiembers present at the Joint Sitting, under section 57 of the Commonwealth of Australia Consti­ tution Act, shall appoint by Ballot a JYiember to preside, and until such appointment the Clerk of the Parlia­ ments shall act as Chairman.

(b) The Member chosen to preside shall present to the Governor-General for the Roval Assent any Bill duly passed at such Joint Sitting:

Printed and Published for the GoVJ:RNli!ENT of the Coli!MoNWJULTH of by ROBT. S. BRAIN, Gonrnment Printer for the St&te of Vic'lorl,..

See sec. 49 of the Constitution.

See S. A. 427. N.S.W. 395.

S.A. 428.

New.

See S. A. p. 122.

New.

New.