Index

Index

Reference to specific committees are listed under the heading Committees, by name.
An index of court judgments cited in this volume appears on pp. 729-31.
An index to references to specific Standing Orders of the Senate appears on pp. 733-38.

—A—

Absence without leave. See senators—absence without leave

Absolute majority. See majorities

Accountability, 10–14, 538

appropriation bills to specify terms and conditions of grants, 274

censure motions and, 461–68

ministers and, 455, 461–68

statutory authorities and, 432, 488, 502. See also under government; parliament, commonwealth; public servants; senate—scrutiny

Accrual budgeting, 286, 370, 387

Acts Interpretation Act 1901, 82, 171, 268, 326, 336, 339

Acts Interpretation Act 1904, 327

Addresses to Governor-General. See under governor-general

Address-in-reply, 145, 197, 457, 563

Adjournment of debate, 180, 183, 189, 214–15

by interruption, 165

motion for, notice not required, 174

urgency motions, 187

Adjournment of Senate, 147–49, 180, 183, 192

by order, 149

committee of the whole and, 149

motion for, debate on, 149

motion for, not amendable, 149

new business and, 163

quorum and, 156

resolution of point of order prior to, 149

Advances to presiding officers, 275

Advances to the Minister for Finance, 275, 386

Adverse mention in Senate and committees. See under privilege, parliamentary

Advertising, government agencies to publish details, 443

Advices to government. See under public interest immunity

Advisers, 211

Advisers’ benches, 80

Agreements, intergovernmental

amendment of bills containing, 250

scrutiny of delegated legislation and, 343

Allegations Concerning a Judge, Select Committee on, 528–32

Allowances. See senators—entitlements and remuneration

Amendments, 183–85. See also bills—amendments; financial legislation—requests

Address-in-reply, 145, 563

contingent notices of, 178

motions not subject to, 183–84, 187, 213

of amendments, 185, 248, 254

of Constitution. See constitution

of House resolutions, 185

requests and. See under financial legislation

right to speak on, 191

rules concerning, 184–85

urgency motions, 187

Annual reports, 368, 370, 388–89, 406, 451

Answers to questions. See under questions to ministers

Anticipation rule, 136, 145, 149, 178, 181, 183, 197, 498

Appointments to fill casual vacancies. See election of senators—casual vacancies

Appropriation (Parliamentary Departments) Bills, 119–24, 316–18

Appropriation bills. See under financial legislation

Archival documents, access to, 402, 435

Arrest of senators, 57

Assent to bills by Governor-General, 229, 268, 456, 505

Assistant ministers. See parliamentary secretaries

Auditor-General, 160, 293, 444, 447, 483, 537

Australia Card Bill 1986, 576–78, 581

Australian National Audit Office, 369

Avoidance of question on motion, 180–81

—B—

Bagehot, Walter, 6

Balance of power in Senate. See under parties, political

Ballots, 223, 224, 373, 396

no subsequent examination of ballot papers permitted, 114

Bar of Senate, witnesses called to, 415, 476–77

Bells, 147, 221

Bicameralism, 1–9, 18

political parties and, 5

synchronicity of elections and, 92

Bill of Rights 1689, 34–49, 61

Bills. See also financial legislation

amendments

by House of Senate bills, 255–57

consideration of confined to matters in disagreement, 256

statement of Senate’s reasons for rejection of, 256

committee of the whole, 247–52

corrected by recommittal, 253

deferral of bill by, 238

disagreement of House with Senate,

    257–60

alternative amendments, 259

clauses concurred with by House not amendable, 259

motion that amendments not be insisted on, 258

absolute majority required, 260

equally divided vote on, 258

no limit to occasions on which House bill can be returned, 260

requests for alternative amendments, 259

statement of reasons, 260

division of, 248

first reading and, 236

formal, made by chair, 253

government, and limitation of debate, 266

Governor-General, proposed by, 262, 456

in Senate, precedent for, 248

non-government, and limitation of debate, 267

of agreements in bills, 250

of amendments, 185, 248, 254

of bills taken together, 232

of clauses in groups, 249

put separately at end of debate, 249, 267

recommended by committees, 243

relevance, 249–50

requests and, distinction procedural only, 272, 288–90, 297, 309–11

same cannot be moved again, 250

second presentation (s.57), 551

second reading, 238, 239

to title, 248

appropriation. See also under financial legislation

revival after prorogation, 264

assent by Governor-General to, 229, 268, 456

after prorogation, 505

certification of, by Clerk, 118, 254

clauses of

defined, 248

omission of consideration in committee of the whole, 241

postponement of consideration of, 248

reconsideration, 251

referred to committee, 240

cognate debate on, 232

Committee of the whole and. See committee of the whole

committees, referral of, to. See committees—references of

conferences on, 257

consideration of while referred to a committee, 241

consideration of, deferred pending compliance with order for production of documents, 302

consolidation or division of, 246, 281–83

Constitutional, 260–62, 264

control of, 264

deadline for receipt of, 232–35

at beginning of a new Parliament, 232

deferral of consideration of, 238, 247, 252

diagram of legislative process, 270

discharge of, 254

division or consolidation of, 245, 246–47, 282

enacting words, amendment of, 248

end-of-sittings rush of, 233

errors, correction of, 253, 254

filibustering of, 265

financial. See financial legislation

government, classification of, 280–82, 301–2

initiation of, 228, 230

by President, 30, 38

lapsed, revival of, 506

laying aside of, 255, 256, 257, 258, 264, 552

limitation of debate on (guillotine), 265–67

money bills. See financial legislation

negatived in committee of the whole, 251, 252

packages of, 231

passage of, completed, 253, 268

preamble to, 248

private, 228

private senators’ bills, 228, 265, 657–59

proceedings on, 229

deliberate method, 230, 251, 252

expeditious method, 230–31, 236,

    251, 252

fast method following report from a committee, 243

while referred to a committee, 241

without formalities, 231

prorogation and, 262–64, 268, 506

readings, 229

first, 183, 189, 193, 236–37, 303–4

on different days, 231

second, 237–38, 304

third, 252–53

absolute majority for bills altering Constitution, 260

this day six months, 238, 253

recommittal of, 175, 251, 252, 253

referral to standing or select committee, 174, 193, 239–43, 252, 385

further consideration of, 241–42

may be referred to more than one committee, 356

procedures for, 243–45

public service witnesses accompanied by private persons, 431

rejection of, 238

by laying aside, 255, 256, 257, 258,

    264, 552

second reading, 237–38

requests for amendments. See under financial legislation—requests

revival of, 262–64, 506

taken as a whole in committee, 251

taken together, 231–32, 236, 238

title, 228, 249

amendment of, 248

transmittal to House, 254–55

urgent, 174, 183, 189, 193, 265–67, 459

Black Rod. See usher of the black rod

Broadcasting of proceedings, 80–82, 392–94

orders of the Senate, 81

Budget. See committees—estimates; financial legislation

Business

formal, 145, 189

general, 160

government, 157, 159

interruption of, 165

items of, taken together, 170

new, 163, 178

non-government, curtailment of, 161

of the day to be called on, motion for, 175, 180, 184, 187, 190

of the Senate, 159, 160, 174

postponement of, 164–65, 174, 183, 189

precedence for certain. See precedence for certain business

prorogation and. See under prorogation

re-arrangement of, 164–65, 167, 178

resumption of, 166

routine of, 157

—C—

Cabinet government, 2, 3, 14, 455

Calendar, parliamentary, 141–42, 152, 372, 504, See also times of meeting

Call of the house, 225

Casting vote. See under voting

Casual vacancies. See under election of senators

Censure motions, 461–68

amendment of, 462

contingent notices of motion and, 462, 463

delay in replying to questions on notice

    and, 496

directed against

ministers in House, 462

parliamentary secretary, 205

private senators and members, 463

division of, 462

impact of political rather than legal, 461

list of, 464–68

not proceeded with following apology, 467

precedence for, 462

question time and, 468

Chair. See chair of committees; committees—chairs; deputy president; president

Chair of Committees, 114–15, 208, 319–20

debate to be addressed to, 204

determines whether amendment should be request, 301–2

formal amendments to bills and, 253

rulings, 212

objections to, 213, 320

temporary, 115, 320, 408

voting by, 117, 222

Chairs, Committee of, 361, 376

Charge or burden, proposed, 287–301

Checks and balances, 11. See also senate—functions of; separation of powers

Chronology of the Senate, 14, 719

Clerk of the Senate, 80, 82, 113, 116, 118, 143, 144, 146, 151, 171, 225, 254, 296, 330, 379, 425, 428, 444, 449, 454, 479–81, 488, 505

Closure

of debate, 175, 184, 187, 189, 215, 265

of speaker not allowed, 209

Cognate debate, 170, 232

Commencement of legislation, 233, 268–69, 442

bills amended to impose conditions on,

    269, 333

retrospective, 302

Senate resolution on periodical returns,

    269, 442

Commercial confidentiality, 446, 465, 483, 485–87, 488

Commissions of inquiry, sub judice conventions and, 203

Committee of the whole, 114–15, 229, 252, 319–23

adjournment and, 149

adjournment of (reporting progress), 322

amendments, 247–52

appointment of, 319

Chair of Committees, 319–20

rulings, 212

objections to, 213, 320

consideration of House amendments to

    bills, 255–57

consideration of House disagreements with Senate amendments, 257–60

debate in, 320, 321

delegated legislation, consideration of, 338

disorder in, 114, 213, 320

divisions in, 223

estimates, consideration of, 313–16

extension of speaker’s time, 194

financial legislation and, 304–9

formal amendments by Chair, 253

instructions to, 179, 245–46, 322

interruption of, 322

privilege matters in, 323

proceedings in, 320

proceedings of, referral to in Senate, 198, 250, 498

quorum, 155, 320

recommittal of bill to, 253

report to Senate, 251–52, 321

reporting of progress, 174, 183, 189, 250, 322

suspension of standing orders in, 170

temporary chairs of, 115, 320, 408

urgent bills and, 266

Committee on a treaty, 453

Committees. See also committees, by name

adverse mention in. See privilege, parliamentary—adverse mention

advertising for submissions, 389

annual reports and, 366, 368, 370, 388–89, 406, 451

annual reports of, 407

appointment, 372–77, 506

bills referred to. See committees—references of—bills to

briefings of, 391–92, 400

broadcasting of proceedings, 80–82, 392–94

casting vote, 361, 372, 398–99

chairs, 350, 361, 365–66, 372–73, 390, 394, 403, 407

election of, 396–97

questions to, 136, 406

replacement of, 373

rulings of, 391, 397, 598

temporary absence of, 397

Chairs’ Committee, 361, 376

consultants, engagement of, 404

counsel, use of in hearings, 390, 418, 425, 434, 521, 526–27, 529–31, 598, 600

deliberative meetings, 399–400

deputy chairs, 396–97, 407

diagram of stages of a committee inquiry, 413

discharge from membership, 373

dissenting reports, 394–95, 410, 435

dissolution of House, effect of, 380, 504–10

domestic standing, 350–57

duration of, 506

electronic meetings, 397

equally divided votes, 372, 399

estimates, consideration of, 366–70, 386–87, 400

after passage of legislation, 386

after prorogation, 150

annual reports and, 366, 367, 368, 370, 388–89

any senator may participate, 374

committee of the whole and, 313–16

directions to committees to hold further hearings, 312

evidence to be received in public, 367, 378, 380

ministers and, 366, 368, 459

modus operandi, 366–70

non-government bodies in receipt of public funds, 368

origins, rationale and development of, 311–16

parliamentary secretaries and, 460

particulars of proposed expenditure,

    386, 387

Portfolio Budget Statements, 366, 370

powers of committees, 367–68

questions on notice

delays in answering, 369, 443

lodgement of, 367–68

may not be withdrawn, 368

orders for production of answers, 443

scope of questioning at hearings, 368

statutory authorities and, 312

supplementary hearings, 311, 316, 370

conclusion of and passage of appropriation bills, 370

evidence, 389–94

adverse mention in. See privilege, parliamentary—adverse mention

commercial confidentiality. See commercial confidentiality

courts and, 61, 405

custody of, 84, 419, 454, 535

destruction of, a contempt, 70

disclosure of, 400–403, 435–36

unauthorised, 400–403, 427–28, 436, 605–6

documents, orders for production of, 378–80, 418, 444, 597

examination of witnesses, 415–37

by committee members only, 434

expungement of, 207, 421, 598

in camera, 40–43, 370, 380, 395, 402, 420, 423–24, 435–36, 597

dissenting reports and, 435

publication of, 380, 392, 435–36

oaths, 433–34

overseas witnesses, 432

parliamentarians, by. See under witnesses

powers concerning, 378–82

public servants, by. See under witnesses

publication of, 389, 400–403, 435–36

rules of, 42

selection of witnesses, 390

statutory office-holders, by. See under witnesses

statutory secrecy provisions and, 51–55, 424

submissions, 389

received after report tabled, 402

unpublished evidence, access to for research, 402, 435

expenses of witnesses, 425

extension of time to report, 384, 395

funding of, 123

government responses to committee reports. See under government

Hansard and, 392

hearings, public, 390–92

historic material, access to, 402, 435

history and development of, 348–50

House committees, sitting with, 411–12

in camera evidence. See under committees—evidence

inquiry

conduct of, 383–95

power of, 59–61, 378

inspections by, 391–92

instructions to, 240, 243, 382–83, 429

joint, 371–72, 400, 402

justiciability of proceedings, 371–72

list of, 372

parliamentary privilege and, 371

procedures, 372

sub-committee, 412

to sit with defined, 411

legislation committees, 350

legislative and general purpose standing committees, overview of system, 360–62

legislative scrutiny committees, 357–59

media coverage of, 80–82, 392–94

meetings

conduct of, 396–403

deliberative, 399–400, 400

during sittings of Senate, 399–400

election of chair, 396–97

electronic, 397

House committees, with, 411–12

private, 399–400

public, 400

membership, 372–77

ballots for, 373

discharge from, 373

disqualification for bias, 377

domestic, 350–57

legislative and general purpose, 361

legislative scrutiny, 357–59

minority groups of senators and, 373

participating members, 361, 373–76, 394, 398

select, 364–65

service of ministers and parliamentary secretaries, 376

service of new senators before swearing, 133, 376

substitute members, 361, 373–76

minority reports, 394–95, 407, 410, 435

order in, 390, 397–98

participating members, 361, 373–76, 394

petitions, 389, 450

powers, 378–82

access to other committees’ documents, 382

to call for persons and documents, 378–80

to meet after prorogation or dissolution of House, 151, 380, 506–10

private meetings of, 399–400

privilege and, 34–38, 40–43, 404–5, 436, 509–10. See also privilege, parliamentary

proceedings

recording of, 83–84

custody of print and electronic

    records, 84

referral to in Senate, 498

prorogation, effect of, 150, 151, 263, 380, 504–10

public and community access to, 12, 242, 347, 390, 410

quorum, 396, 398, 403

in subcommittees, 381

participating members, 398

references committees, 350

references of

bills to, 174, 239–45, 239–45, 252, 349, 356, 385

procedures for, 243–45

other matters, 383–89

proposed amendments to bills not before the Senate, 241

reporting dates, 241, 363, 384, 395, 406

reports, 394–95

action on, 410

confidential until tabled, 407

consideration of, 160, 174, 175, 408–9

debate on, 190, 408

disorderly expressions in, 195

dissenting or minority, 394–95, 407, 410

in camera evidence and, 435

right not to disclose before printing, 394

drafting of, 394, 403

government responses to, 160, 395, 409–10

President’s report on, 410

in camera evidence and, 395, 435

on annual reports, 406

presentation of, 190, 406–8, 441

when Senate not sitting, 407, 447, 532

printing of, ordered, 408

secretariat, 403–4

secretaries of, 84, 396–97, 403–4, 425

select, 348, 362–66

appointment, standard resolution, 363–64

chairs, 365–66

list of, since 1985, 715

membership, 364–65

seminars arranged by, 391, 435

privilege and, 391

service of new senators before swearing, 133, 376

staff of committees, 403–4

standing, 348

statistics on, from 1970, 713-14

statutory, 371–72

sub judice convention and, 203, 405–6

subcommittees, 361, 381–82

submissions. See under committees—evidence

substitute members, 361, 373–76

summoning of witnesses. See witnesses

suspension of senators and service on, 213, 378

termination of, 506

transcription of evidence, 84, 599

types of, 348–50

votes in, equally divided, 372, 399

witnesses. See witnesses

Committees, by name.

Allegations Concerning a Judge, Select Committee on, 377, 390, 508, 509, 518, 519, 521–22

Appropriations and Staffing, Standing Committee on, 112, 119–24, 286, 352–53, 376, 407

Australian Loan Council, Functions, Powers and Operation, Select Committee on, 379, 428–29, 479

Canberra Abattoir, Select Committee on, 475

Certain Maritime Incident, Select Committee, 429

Chairs’ Committee, 376

Civil Rights of Migrant Australians, Select Committee on, 476, 563

Community Affairs Legislation Committee, 427

Community Affairs References Committee, 423

Community Standards Relevant to the Supply of Services Utilising Electronic Technologies, Select Committee on, 407

Conduct of a Judge, Select Committee on, 377, 519, 521–22, 525–28, 535

Constitutional Review, Joint Committee on, 507

Economics Legislation Committee, 202

Economics References Committee, 424

Electoral Reform, Joint Select Committee on, 102

Estimates committees. See committees—estimates

Finance and Public Administration Committee, 293

Finance and Public Administration Legislation Committee, 486

Finance and Public Administration References Committee, 426, 430, 446, 485

Finance and Public Administration, Standing Committee on, 383, 388, 391, 432, 488

Foreign Affairs, Defence and Trade, Joint Committee on, 394

Foreign Affairs, Defence and Trade, Standing Committee on, 383, 391

Free Trade Agreement between Australia and the US, Select Committee, 363, 453

House Committee, 353, 411, 507

Legal and Constitutional Affairs, Standing Committee on, 129, 130, 281–82, 281–82, 285, 394, 412, 460, 538, 578

Legal and Constitutional Legislation Committee, 486, 487

Legal and Constitutional References Committee, 453

Legislation Procedures, Select Committee on, 155, 244, 313

Library Committee, 353, 411, 507

National Crime Authority, Joint Committee on, 51–55, 84

National Service in the Defence Force, Select Committee on, 473

Native Title, Joint Committee on, 297

Parliament’s Appropriations and Staffing, Select Committee on, 287, 316

Parliamentary and Government Publications, Joint Select Committee on, 354

Parliamentary Privilege, Joint Select Committee on, 30, 58, 64, 71, 478

Pecuniary Interests of Members of Parliament, Joint Committee of, 136

Political Broadcasts and Political Disclosures, Select Committee on, 400

Print Media, Certain aspects of Foreign Ownership Decisions, Select Committee on, 379, 480, 483

Privileges, Committee of, 32, 45, 65–67, 73, 195, 351–52, 377, 379, 381, 401, 408, 427–28, 451, 477, 482, 483, 489, 599–601, 601, 602, 608

Procedure Committee, 81, 112, 118, 137, 187, 190, 191, 195–96, 223, 301, 308, 312, 315, 316, 319, 350–51, 362, 368, 374, 383, 408, 435, 479, 492, 494, 507

Public Accounts and Audit, Joint Committee of, 371, 450, 473

Public Duty and Private Interest, Committee of Inquiry Concerning (non-parliamentary), 137

Public Works, Joint Committee on, 371

Publications Committee, 354, 411, 448

Regulations and Ordinances, Standing Committee on, 13, 328, 330, 331, 332, 333, 339–41, 343–45, 349, 357–59, 473, 507, 537

Rural and Regional Affairs and Transport Committee, 402

Rural and Regional Affairs and Transport References Committee, 486

Rural and Regional Affairs, Standing Committee on, 203, 368, 422

Scrutiny of Bills, Standing Committee for, 13, 250, 293, 303, 343, 349, 359–60, 407

Securities and Exchange, Select Committee on, 379

Selection of Bills Committee, 184, 192, 240, 243, 244, 355–57, 385, 407

Senators’ Interests, Committee of, 136, 137, 355, 407

Standing Committee System, Select Committee on, 325

Standing Orders Committee. See procedure committee

Superannuation, Select Committee on, 407

Tenure of Appointees to Commonwealth Tribunals, Joint Select Committee on, 450

Transport, Communications and Infrastructure, Standing Committee on, 412

Treaties, Joint Standing Committee on, 371, 453

Unresolved Whistleblower Cases, Select Committee on, 429

Victorian Casino Inquiry, Select Committee on, 60

Common Informers (Parliamentary Disqualifications) Act 1975, 131

Commonwealth Electoral Act. See election of senators—legislation

Compact of 1965, 274, 285–87

Compound majorities, 8

Computers, use of in chamber, 211

Conduct of senators. 135, 210, See also debate

Conferences with House of Representatives, 257, 541–44

Confidence, want of, motions for. See censure motions

Conflict of interest, 376, 461

Conscience vote, 225

Consolidation of bills, 246–47

Constitution

alteration of, 225, 260–62, 456

federal in character, 1, 7–14, 89

overview, 1–27

sections

s.1, 227, 455

s.2, 455

s.5, 141, 150, 456, 504, 505

s.7, 16, 18, 89, 91

s.12, 94, 95

s.13, 17, 93, 102

s.15, 16, 105–8

s.16, 126

s.17, 104, 112

s.19, 103, 139

s.20, 104, 133–35, 171

s.22, 156

s.23, 113, 219, 220

s.24, 15, 19

s.34, 125, 126

s.42, 133, 143, 456

s.43, 95, 130

s.44, 95, 125–30

s.45, 130

s.46, 129, 131, 132

s.47, 58, 130

s.48, 138

s.49, 15, 29, 31, 34, 214, 347, 371, 468, 504, 507, 509, 520, 607

s.50, 20, 220, 504

s.51, 14, 453

s.53, 14, 227, 236, 271–318

s.54, 274, 278–79

s.55, 275, 276–79, 277, 280–84

s.56, 279, 296, 317

s.57, 219, 232, 237, 254, 310, 311, 456, 504, 539–52, 572, 578, 581–82

s.58, 456

s.61, 455, 458

s.62, 455

s.64, 455, 458

s.65, 458

s.66, 458

s.71, 511

s.72, 511–35

s.122, 16, 90, 108

s.126, 143

s.128, 89, 90, 219, 260–62, 456, 562, 564

Constitutional Commission, 19, 523, 524

Consultants. See under committees

Contempt. See under privilege, parliamentary

Contingent notices, 163, 167–69, 178–79, 187, 220, 245, 267, 462, 463

Continuing effect, orders of, 185

Continuing nature of Senate, 17

Contracts, lists of government, to be published on Internet, 442, 443, 446, 485, 486

Counsel, use of in committee hearings, 390, 418, 425, 434, 521, 526–27, 529–31, 600

Count out, 156

Court of Disputed Returns, 101–2, 127, 128–29, 130, 131, 202

Courts

decisions, discussion of, 204

judgments cited, list of, 729–31

parliamentary privilege and. See under privilege, parliamentary

proceedings in parliament and. See under privilege, parliamentary

relations with, 204, 205, 511–38

Senate scrutiny of

administration of, 537–38

rules of court, 345, 537

sub judice convention and, 198–203, 402, 405

Criminal offences, contempts and, 67

Crown privilege. See public interest immunity

Customs Tariff (Deficit Reduction) Bill 1993, 306, 307

Cut-off date for receipt of bills. See bills—deadline for receipt of

—D—

Deadline for receipt of bills, 232–35

Deadlocks. See simultaneous dissolutions

Debate. See also adjournment—of Senate

addressed to chair, 204

adjournment of, 175, 183, 189, 214–15

anticipation of. See anticipation rule

broadcasting of, 80–82

call of chair to speak, 190

closure of, 175, 184, 187, 189, 209, 215, 265

cognate, 170, 232

committee of the whole, 320, 321

documents quoted in, motion to have tabled, 440, 452

extension of time, 175, 183, 193

first reading and, 236

gag (closure), 215

of individual speaker not allowed, 209

interjections, 210

interruption of speaker, 209

leave to continue remarks, 214

limitation of, 265–67, See also bills—urgent

motion necessary, 190

motions not subject to. See motions—

     non-debatable

offensive words, 195, 204, 457

on motion for adjournment of Senate, 149

on points of order, 211

order in, 211–14

question put, 216

reference to the religion of a senator not in order, 206

reporting of, 56, 80–83

resumption of, 214

revived bills, 264

right to speak, 190–92

in reply, 191, 215, 231

on amendments, 191

rules of, 204–9

apply to committees, 390

speakers’ list, 191

speeches

time limits on, 192

time taken on points of order, 194, 209

sub judice convention, 198–203

suspension of sittings, effect of, 215

table of opportunities for, and time limits, 218

tedious repetition

Chair may direct speaker to discontinue, 197

time limits on. See time limits

unparliamentary language, 204

Declaration and registration of senators’ interests, 223

Defamation of the Houses

contempt of, abolished, 64–65

fair and accurate reports protected, 56, 81

Delegated legislation, 13, 325–45. See also Legislative Instruments Act 2003

as proportion of statute law, 327

Australia Card legislation, 577

commencement of acts and, 268, 333

deferral of bills until regulations tabled, 265

diagram of process of making and scrutinising, 346

disallowance

by effluxion of time, 332

motion for, 328

amendment of, 336–38

consideration in committee of the whole, 338

not resolved, effect of, 329, 332

notice for, moved prior to tabling, 336

precedence for, 335

tabling to precede, 335

taking over of, 338

withdrawal of, 177, 338–41

without notice, 334

of instruments already disallowed, 333

precedents for unusual proceedings

    on, 333–34

procedures and rules for, 331–34

tabling to precede motion for, 335

withdrawal of notice of motion, 331, 338–41

dissolution, prorogation or expiry of House, and, 331, 340

Federal Register of Legislative Instruments, 329

growth of, 327

invalid may be disallowed, 333

laid before each House. See delegated legislation—tabling of

Legislative Instruments Act 2003. See legislative instruments act 2003

making of, 329–30

consultation, 343

ministerial undertakings, 340–41

national uniform legislation, 343

notification of, 326, 327

procedural steps not mandatory, 33

regulation

could not be disallowed in part, 332

Regulations and Ordinances Committee, 328, 330, 331, 332, 333, 339–41, 343–45

re-making of, 329, 331, 341–42

repealing instruments, effect of disallowance, 342

rescission motions and, 182

retrospectivity and, 329, 330

rules of court, scrutiny of, 345, 537

same question rule and, 182, 334, 342

sitting day, meaning of, 153, 333

"sunsetting", 343

suspension of sitting over one or more days, effect of, 153, 333

tabling of, 326, 328, 330

by private senators, 330

effect of failure to table, 330

tribunals, legislative instruments made by, subject to disallowance, 345

types of, 326

Department of Senate. See Senate, Department of

Deputy President, 114–15, 115, 146, 148, 408

absence of, 115, 116–17

chair of Chairs’ Committee, 361, 376

party affiliation of, 115

service on committees, 376

Detention of senators, 57

Determination of motions, 179–80

Disagreements between the Houses. See simultaneous dissolutions

Disallowance. See under delegated legislation

Discharge of bill, 254

Discharge of senators from attendance, 151–52, 504, 505

Discovery of formal business, 163, 179

Disorder, 175, 184, 210–11, 213–14

Disputed Returns, Court of. See court of disputed returns

Disqualification of senators. See under senators

Dissent from rulings. See president—rulings of—objections to

Dissolution of House of Representatives

delegated legislation and, 331

effect of, on committees, 380, 508

effect on Senate, 151–52, 504–10

Dissolution, double. See simultaneous dissolutions

Division

of bills, 245, 246–47, 281–83

of motions, 179, 180

of question, 187, 217, 258, 306, 308, 462

of Senate into classes. See election of senators—rotation

of Senate to determine question. See under voting

Divisions. See under voting

Documents, 439–54, See also committees—evidence

access to by witnesses, 419

advices to government, orders for production of, 446

alteration of, 454

censure motions concerning, 464–67, 484

committees’ power to call for, 378–80, 418

consideration of, 175

government, 158, 161, 451

other, 440

custody of, 84, 419, 454, 535

defined, 440

executive privilege and. See public interest immunity

Governor-General and, 447

incorporation of, in Hansard, 83

indexes to tabled documents, 454

motion

to take note of, 174

Parliamentary Papers Series, 440

petitions. See petitions

printing of, 175, 440

production of, orders for, 178, 195–96, 202, 441–46, 475

answers to questions on notice, 443

estimates hearings, 443

bills deferred pending compliance, 302

committees and, 378, 418, 444, 597

permanent orders for, 56, 442

resistance by government to orders, 56, 445–46, 489

sanctions for non-compliance with, 445, 446, 463, 465, 466, 484, 489

public interest immunity and. See public interest immunity

publication of

authorised on tabling, 448

parliamentary privilege and, 55–56, 448

when Senate not sitting, 447

quoted in debate, motion to have tabled, 175, 194–96, 440, 452, 475

remonstrances, 451

returns to order. See orders for returns

submissions to Senate, 450–51

tabling of, 162, 439–41

by ministers, 439, 444, 451, 452, 459

by parliamentary secretaries, 440

definition of, 439

procedures for, 439

when Senate not sitting, 447–48

treaties, 452–54

types of, 441

unpublished, access to for research, 402, 435

Double dissolutions. See simultaneous dissolutions

Dress of senators, 138

Dynamic Red, 84. See also Red (Senate Order of Business)

—E—

Election of senators, 93. See also senators—disqualification of

ballot papers

completion of by voters, 97–98

counting of, 98–101

example of, 110

grouping of candidates on, 98

validity of, 99–100

casual vacancies, 16–17, 91, 103–8, 127, 128, 129, 131, 564–66

absolute majority and, 220

list of, since 1977, 709–11

President, absence of, and, 456

resolutions on expeditious filling

    of, 107–8

territory senators, 106

certificates of election, 143, 144, 146

constitutional framework, 89–91

cycle of, 18, 91–93

deposit, 96

directly by the people, 3, 89, 90

disputed returns and qualifications, 101–2. See also senators─disqualification of

equal representation of States. See senate—composition of

legislation concerning, 15, 91, 95, 96, 100, 101, 102, 106, 108, 125, 126, 130, 131

nominations, 95–97

periodical elections, 93–94

polling, 97

preferences, distribution of, 100–101

qualifications of candidates, 95–96, 100

quotas, determination of, 100–101

recounts, 101, 129

rotation of senators, 17

division of Senate into classes and,

    92, 102–3

Senate Elections (Queensland) Act, 16

senators-elect. See senators-elect

state as one electorate, 15, 90, 91

terms of office, 17–19, 89, 91–93

state senators, 93

territory senators, 109

territory senators, 95, 106, 108–10

timing of periodical elections, 93–94

voting methods

distinctive methods for each House, 4,

    8–10, 16

proportional representation, 8–10, 17,

    91, 109

votes and seats in elections, from

    1949, 22–26

writs, 93, 102

Election, definition of, 93

Electorate allowances. See senators—entitlements and remuneration

End of War List Bill, 263

Entitlements and remuneration.

    See senators—entitlements and remuneration

Equally divided vote. See voting

Errors, correction of, 253

Estimates committees. See committees—estimates

Estimates of expenditure. See

    committees—estimates; financial legislation

Etiquette. See conduct of senators

Evidence. See under committees

Excise Tariff (Deficit Reduction) Bill 1993, 306, 307

Executive. See government

Executive Council. See federal executive council

Executive privilege. See public interest immunity

Explanations

of speeches, 190, 196

personal, 190, 196

Expulsion of senators, 58–59

Expungement. See under committees—evidence; hansard

Extension of speaker’s time, 183, 189, 193, 194

—F—

Failure to pass, 261, 311, 545–47, 550, 551, 554–59

Federal Executive Council, 455, 458

Federal Register of Legislative Instruments. See under delegated legislation

Federalism, 1–3, 7–14

Federalist, The, 5–6, 18

Field, Albert, Senator, 565

Files, government departments to produce indexed lists, 442

Filibustering, 265

Financial initiative, 227, 228, 271, 279, 287, 288, 290, 306, 309

Financial legislation, 271–318

advances to presiding officers, 275

advances to the Minister for

    Finance, 275

annual appropriations as proportion of total government expenditure, 292, 387

Appropriation (Parliamentary Departments) Bills, 119–24, 316–18

appropriation bills, 273–74, 276, 386–87

amendments to, 297

as proportion of total government expenditure, 292, 387

defined, 273–74

Governor-General’s message required, 279–80

Parliament's responsibility to control expenditure under, 274

passage of and conclusion of estimates hearings, 242, 312, 370

revival after prorogation, 264

special, 274, 291–97, 312

terms and conditions of grants to be specified, 274

appropriations a joint function of Senate and House, 272

bills

imposing fees for licences or services, 273

introduced in Senate, taxation clauses inserted by House, 273

validating tax imposed by regulations, 283

budget measures defined, 277

charge or burden, proposed, 287–301

words refer to appropriations, 299

classification of, 301–2

committee of the whole procedures

    for, 304–9

compact of 1965, 274, 285–87

constitutional provisions concerning,

    14, 227

requirements of, non justiciable, 296

section 53, 271–318

interpretation of, a matter for the Houses, 279, 287

requirements of, non-justiciable, 278, 310

section 54, 278–79

interpretation of, a matter for the Houses, 278–79

requirements of, non-justiciable, 278

section 55, 277, 280–84

justiciable, 279

section 56, 279

customs tariff bills, 275

debate on first reading, 303–4

equally divided vote, 306, 307, 308

estimates, consideration of, 366–70, 386–87

excise tariff bills, 275

fees, 273

held to taxes by High Court, 273

first reading of, 236, 303

government initiative, 227, 228, 271, 279, 287, 288, 290, 306, 309

Governor-General’s messages and, 228, 279–80, 295, 301

indefinite appropriations, 291

initiation of, 272

loan bills, 275

measures vital to government, 277

money bills, 276–78

ordinary annual services of the government, 274, 278, 284–87, 316

procedure on, 303–9

proposed charge or burden, 287–301

requests, 14, 280–302

amendments (SO 132) and, 259

apply also to parts of amendable bills, 272

appropriations provisions, insertion of, 273

Chair of Committees and decision on, 301

Constitution s.57 and, 311, 546, 576

decision as to amendments or requests, 301

declaratory resolutions on, 282, 299

disagreement between the Houses on, 293–97

distinction between amendments and, procedural only, 272, 288–90, 297, 309–11

division or consolidation of bills and, 246

explanations required for proposed amendments framed as, 300–301

House of Representatives response to, 304–9

list of, 669–708

may be made at any stage, 236, 303

ordinary annual services, 284–87

pressing of, 307, 309–11, 311, 546, 574, 576

procedures for making, 304–9

proposed charge or burden, 287–301

appropriations, 290–97

provisions imposing taxation, insertion of, 284

statement of reasons not required, 306

statements by Chair of Committees, 282, 295, 296, 299–301, 300

taxation bills, 280–84, 297

to be considered separately from amendments, 295

Senate powers concerning, 1975 debate, 566–70

separation of appropriations from expenditure provisions, 291

standing appropriations, 291–97

standing appropriations as proportion of total government expenditure, 292, 387

Sugar Bounty Bill 1903. See sugar bounty bill 1903

supply, 276–78

supply bills, 274

tacking, 278

taxation bills, 275, 276–78, 278–79, 297

combination of matters amendable and unamendable in one bill, 278, 280–84

declaratory resolutions on, 282, 299

defined, 277

distinction between imposition of tax and setting of rates, 280–82

distinguished from tax assessment and collection bills, 277

division of, 281–82

regulations, 283–84

rejected by Senate, examples of, 567

retrospectivity and, 302–3

statements by Chair of Committees on, 299–301

terminology, 276–78

First speeches by new senators, 210

Fitzpatrick-Browne case, 63, 64, 65, 72

Fixed term proposal, 573

Foreigners as witnesses, 432

Formal motions, 163, 179, 183, 189

Free votes, 225

Freedom of Information Act, 477, 479

Freedom of speech in Parliament. See under privilege, parliamentary

—G—

Gag (closure)

of debate, 215

of individual speaker not allowed, 209

Gair, Vincent, Senator, 464, 559

Galleries, press and public, 79–80

General business, 158, 160, 176

Gorton, John, Senator, 458

Government

accountable to Parliament, 10–14. See also accountability

appointments and grants, reports on, 443

business, 157–59, 160

confidence of House and, 455

depends on parliamentary approval of appropriations, 277–78, 569–70, 573

determines duration of sessions, 141, 504

documents

consideration of, 158, 161, 451

definition of, 441

executive power and Governor-General, 455

Federal Executive Council, 455, 458

files, indexed lists of, to be tabled, 442

financial initiative, 227, 228, 271, 279, 287, 288, 290, 306, 309

guidelines for official witnesses appearing before parliamentary committees, 431, 477

majority in Senate not usual, 11, 455

ministry formed by majority party in House,

    10, 461

responses to committee reports, 160, 395, 409–10

Government business. See under government

Government business enterprises. See statutory authorities

Governor-General, 455, 456–57

addresses to, 145, 342, 447, 457, 511, 553

advice from government and, 141, 144, 458, 504, 515

amendments to bills proposed by, 262, 456

appointment and term of office, 455

assent to bills. See assent to bills by governor-general

bills appropriating money recommended by, 295. See also financial legislation—governor-general’s messages

casual vacancies and, 456

commissioning of Prime Minister, 572

Constitution alteration bills and, 261–62, 456

delegated legislation and, 326

dismissal of Whitlam government, statement of reasons, 569–70

elections and, 94

legislative powers, exercise of, after prorogation, 505

letters patent relating to, 456

messages and, 268, 279–80, 295, 457, 459

ministers, appointment by, 458

opening of Parliament, 141–47

address-in-reply. See address-in-reply

commission, 144

deputies of, 143, 456

speech, 144, 145, 456

prorogation and, 141, 268, 456, 505

references to in debate, 457

sessions of Parliament and, 141, 456

simultaneous dissolutions and, 456, 545, 547–50, 552–54, 558, 564, 568–70, 574–75, 576–77

swearing of, 456

swearing of senators by, 133, 456

taxation of salary, 282

writs for election of territory senators, 95

Guidelines for official witnesses appearing before parliamentary committees, 431, 477

Guillotine, 265–67

—H—

Hansard, 80, 83, 171, 392

correction and alteration of, 83, 599

expungement, 207. See also  under committees—evidence

incorporation of material in, 83

High Court

Chief Justice of

advice to Governor-General 1975, 569

proposed select inquiry into business affairs of, 516

Court of Disputed Returns, as. See court of disputed returns

judgments cited, list of, 729–31

justices

appointment of, 511–12

as deputies of Governor-General, 143

removal of, 511–38. See also under  

judges

on justiciability of legislation enacted at joint sittings, 550

Senate scrutiny of administration of,

    537–38

Honourable, title, eligibility for, 132

House of Representatives

censure by Senate of

Ministers, 462

private members, not proper, 463

conferences with, 541–44

control of by Ministry, 3, 227, 455

dissolution of

effect of, on Senate and its committees, 504–10

without prorogation, 504

link between size of Senate and House,

    15, 19

meetings with, to hear addresses by US presidents, 139

messages to and from, 465, 540–41

party discipline in, 10, 328, 455

representativeness of, 9–10, 16

resolutions of, Senate amendments

    of, 185

witnesses from, 60, 73, 378–79, 426–30

—I—

Immunities. See under privilege, parliamentary

Immunity from summons, 426

In camera evidence. See committees—evidence

Incorporation of material in Hansard, 83

Inquiry powers of Parliament, 378, 415

Inquiry powers of Senate. See senate—powers—inquiry

Instructions to committee of the whole, 245–46

Instructions to committees, 240, 243, 322, 382–83, 429

Interest, conflict of. See senators—conflict of interest

Interests, registration of. See under senators—interests

Intergovernment agreements. See agreements, intergovernmental

Interjections, 209

Internet

broadcasting of Senate proceedings on,

    80, 81

publication of Senate documents on, 85

resource locater for Senate (web address), 85

Interruption

of committee of the whole, 322

of speaker, 209

—J—

Joint committees. See committees—joint

Joint sittings, 19, 565, 577, 578–81. See also house of representatives—meetings with, to hear addresses by US presidents

absolute majority required, 219

justiciability of legislation enacted at, 550

Journals of the Senate, 80, 82, 118, 171, 221

Judges

appointment of, 511–12

criticism of, 205, 466

removal of, 205, 511–38

addresses from both Houses

Governor-General’s action and judicial review of, 514–15

Governor-General’s discretion, 515

compellability of judges as witnesses, 519–20

constitutional provisions (s.72) concerning, 512–13, 522–25

misbehaviour

advice on, 515

meaning of, 513–14, 535–36

New South Wales precedent, 536

procedural requirements, 516–19

rules of evidence, 519

standards of proof, 518–19

Queensland precedent, 535–36

rights of accused judge, 521

senators as interested parties, 521–22

Judgments, court, list of, 729–31

Judiciary, relations with, 205, 537

Justiciability of proceedings in Parliament. See under privilege, parliamentary—proceedings in parliament

—L—

Laid on the table, term defined, 439

Lapsed bills. See bills—revival of

Leader of the Government in the Senate, 134, 190, 492

Leader of the Opposition in the Senate, 134, 190, 493

Leave of absence, 133–35

Leave of the Senate, 166–67, 175

Leave to continue remarks, 214

Legislation. See bills; commencement of legislation; committees—legislation; financial legislation; proclamation of legislation; senate—scrutiny of legislation

Legislative Instruments Act 2003, 182, 326, 329–45, 358. See also delegated legislation

Legislative Instruments Bills 1994, 1996, 345, 358

Limitation of debate, 265–67. See also bills—urgent

Loan bills, 275

Lying, accusations of, 206

—M—

Macklin motion, 233

Maiden speech. See senators—first speech

Majorities

absolute, 150, 167, 178, 181, 219, 260

compound, 8

special, 166, 219–20

Mandate, government, 13

Marshall Islands Affair, 465

Matters of public importance, 175, 184, 186–88, 193

Matters of public interest, 162, 192

Members of Parliament (Staff) Act 1984, 138

Messages, 426, 540–41

Governor-General and, 268, 279–80, 293–97, 457, 459

to House, 174, 254, 309, 465

Midford Paramount case, 450

Mill, John Stuart, 5

Milliner, B R, Senator, 17

Ministers

accountable to Senate, 11, 345, 455, 461–68

sanctions for non-compliance with orders, 445, 446, 463, 465

adjournment of debate and, 459

adjournment of Senate and, 148, 459

appointment of, 458, 461

business initiated by, in private capacity, 160

business of the Senate and, 459

call of the chair and, 190

censure motions and, 461–68, 496

commercial confidentiality claims by, 485

committees considering estimates and, 366, 368, 459

deferral of consideration of bill in committee and, 247

government business and, 459

limitation of debate on bills and, 265, 459, See also bills—urgent

messages from Governor-General and, 457, 459

number of, limited by statute, 458

office of profit under the Crown and, 126

powers of, in Senate, 459

exercise of, by other senators, 459

production of documents and. See documents—production of

questions to. See questions to ministers

quotation from documents in debate, 195

re-arrangement of business and, 164

representational arrangements, 459

required to become member of Senate or House, 458

responsibilities of, and urgency motions and matters of public importance, 186

responsible for answers given on behalf of another, 461, 501

service on committees, 376

staff of, 430

suspension of sitting and, 152

tabling of documents by, 174, 439, 444, 451, 452, 459

termination of appointment, 461

undertakings concerning delegated legislation, 340–41

urgent bills and, 459

Ministers of State Act 1952, 128, 458, 460

Ministry, 2, 10, 12, 455–57, 458–59

accountable to Senate, 10–14, 345, 455, 461–68

senators as proportion of, 458

size of, limited by statute, 458

suggestion that senators should not hold ministerial office, 458

Misrepresentation, claims of, 197

Monarch, 2, 142, 145, 204, 455, 457

Money Bills. See financial legislation

Montesquieu, Baron de, 5

Motions, 173–88

determination of, 179–80

avoidance, 180–81

division of, 179, 180

joint movers of, 176

lapsing of, 177

non-amendable, 183–84, 187, 213

non-debatable, 189–90, 213

notice not required, 174–75, 240

notice of. See notices of motion

of censure. See censure motions

of dissent to Chair’s ruling, 212

of no confidence. See censure motions

precedence for certain. See precedence for certain business

privilege, 182

question on. See question on motion

same question rule, 182

seconding not required, 180

taken as formal, 163, 179, 183, 189

talking-out of, 181

that a senator be further heard, 197

to take note of answers, 193, 503

to take note of documents, 174

Murphy, L K, senator and judge, 35, 564, 565, 566, 567. See also judges—removal of; Parliamentary Commission of Inquiry into conduct of Justice L K Murphy

criminal proceedings against, 532–34

inquiries into conduct of, 512, 516–22, 525–35

Allegations Concerning a Judge, Select Committee on, 528–32

Conduct of a Judge, Select Committee

    on, 525–28

R v Murphy, 34–38

resignation from Senate, 17

—N—

Naming of senator, 175, 184, 213, 378

in a committee, 397

National Crime Authority

Joint Committee on, 51–55

secrecy provisions, 51–55

Native Title Amendment Bill 1997, 259, 264, 552

Nexus provision, 15, 19

No confidence motions. See censure motions

Notice Paper, 82, 156–57, 254

anticipation of debate on matters listed on. See anticipation rule

ministers and, 157

prorogation and, 157, 506

Notices of motion, 162–63, 173–78

alteration of, 177

contingent notices, 163, 167–69, 178–79, 187, 220, 245, 267, 462, 463

controlled by notice-giver, 176

defined, 162

for consideration or adoption of committee reports, 161

given consecutively by one senator, 176

identical, 178

in general terms, 176

not required, 174–75

postponement of, 164–65

rules for, 176

technically not business before the Senate, 175, 176

withdrawal of, 163, 177

concerning delegated legislation, 177

—O—

Oath of office. See swearing of senators

Oaths. See witnesses—swearing of

Objections to rulings of chair. See president—rulings of—objections to; chair of committees—rulings

Offensive words or references, 76, 204, 457

Office of profit under the Crown, 95, 126, 128–29, 132

Opening of Parliament, 142–47

proposals to change, 146

Order of Business, 157. See also routine of business

Order, questions of, 138, 210–14, 320, 390–91

Orders and resolutions. See resolutions and orders

Orders for returns, 442, 502

Orders for the production of documents. See under documents

Orders of continuing effect, 185

Orders of the day, 163

Ordinary annual services of government. See under financial legislation

Overseas loans affair, 1975, 489

—P—

Pairs, 107, 222, 223

breaking of, 1974, 562

Papers. See documents

Parliament, Commonwealth

accountability of executive to. See accountability

addresses to by distinguished visitors, 139

comity between Houses, 205

composition of, 3, 455, 504, 505

fixed term proposal, 573

general, 1–11

inquiry powers, 59, 378, 379, 415

legislative powers, 14, 227, 379

opening of, 142–47

place of meeting, 142

precincts of. See parliamentary precincts

prorogation of, 504–8. See also prorogation

recess, 504, 508

sessions of, 141, 456, 504, 507

sitting periods, 142, 504

sovereignty and, 3

term of, 141, 573

Parliamentary Allowances Act 1952, 138

Parliamentary Commission of Inquiry into conduct of Justice L K Murphy, 517, 518, 519, 521–22, 536

Parliamentary departments, 112, 124. See also senate, department of

appropriations for, 316–18

Parliamentary Entitlements Act 1990, 138

Parliamentary Papers Act 1908, 55, 509

Parliamentary papers series, 354, 440, 448

Parliamentary precincts, 77–78, 123

application of laws to, 112

Parliamentary Precincts Act 1988, 77–78

Parliamentary Presiding Officers Act 1965, 112, 114, 117

Parliamentary press gallery. See press gallery

Parliamentary privilege. See privilege, parliamentary

Parliamentary Privileges Act. See under privilege, parliamentary

Parliamentary Privileges Amendment (Enforcement of Lawful Orders) Bill 1994, 351, 481–83

Parliamentary Proceedings Broadcasting Act 1946, 80

Parliamentary Reporting Staff. See hansard

Parliamentary secretaries, 128, 366, 376, 440, 459–61

Parliamentary Service Act 1999, 118–19

Parliamentary term, 141, 372

Parliaments, other

power of Commonwealth Parliament with respect to, 428

relations with, 60, 205, 426–30

Parties, political

discipline, 5, 10, 524

minority groups

balance of power in Senate, 10–11, 13

balance of power on committees, 364

representation of, 8–10, 22–27

recognition of in standing orders, 134

representation of in Parliament, 8–10, 22–26

representation of in the Senate since 1901, 26–27

Pecuniary interests, 95, 126, 136

Penalties. See under public interest immunity—sanctions against claims of; privilege, parliamentary—penalties

Personal explanations. See explanations

Personal reflections, 204

Petitions, 174, 389, 448, 451

parliamentary privilege and, 49

Petroleum and Minerals Authority Bill 1973-74, 546, 550, 561, 565

Points of order. See also president—rulings of

adjournment motion and, 149

during divisions, 223

not to be used to make debating point, 212

speaking time and, 194, 209

Police powers. See parliamentary precincts

Political parties. See parties, political

Postponement of business, 164–65, 177, 183, 189, 247

Powers of Senate. See senate—powers

Powers, division of between state and federal government, 7, 14

Powers, separation of. See separation of powers

Prayer, 147

Precedence for certain business, 131, 133, 145, 159, 187, 212, 228, 265, 335, 462, 601

Precincts. See parliamentary precincts

Presentation of documents. See documents—tabling of

President

absence of, 116–17

casting vote, does not possess, 111, 117, 219

committee reports presented to, when Senate not sitting, 408

committee service by, 376

debate to be addressed to, 204

debate, may participate in, 111, 212

declaration of votes by, 220

Department of the Senate, head of, 112

election of, 112–14, 143, 146, 192

Hansard, requests for alteration to, and, 83

introduction of bill by, 30, 38, 111

meeting times of Senate, and, 147–50

notices of motion and, 176

opening of Parliament and, 143, 144

parliamentary appropriations and, 318

parliamentary precincts and, 77, 112

points of order and, 211

privilege, rulings on, 73, 182, 601, 606–7, 607, 649–56

questions to, 116

quorum and, 155, 156

reports on government responses to committee reports, 410

resignation of, 104, 112, 456

responsible for maintaining order, 210, 211

role of, 111–12

rulings of, 21, 115–16, 211

objections to, 175, 183, 189, 212–13

speakers list and, 191

summoning of Senate, 150

swearing of senators by, 133, 456

Temporary Chairs of Committees and, 115

term of office, 112, 146

title and precedence of, 114, 132

vacation of office, 112, 146

voting by, 111, 117, 219, 222

Press gallery, 79–80

Pressing of requests. See financial legislation—requests

Previous question, 180

Prime Minister, 455, 457, 458, 461, 465, 504

Printing of documents, orders for, 175, 440

Private bills, 228, 449

Private senators’ bills, 228, 265, 657–59

Privilege, parliamentary, 2978

adverse mention in Senate, right of reply,

    75–77, 602, 609

in committees, 402, 418, 420–23, 598

meaning of term ‘adverse reflection’, 420

arrest of senators, 57

Bill of Rights 1689, 34–49, 61

broadcasting of proceedings, 81–82

commercial confidentiality. See commercial confidentiality

Committee of Privileges, 65–67, 72, 74–75, 75, 418, 425, 434, 599–601, 601, 602. See also under committees, by name

consultation with House Committee of Privileges, 608

reports of, annotated list, 611

committee of the whole, matters arising

    in, 323

Constitution, s.49, 15, 29, 31, 468, 520, 607. See also under constitution

constitutional basis of, 15

contempt, 30

by defamation abolished, 64

criminal offences and, 67

criteria for determination of, 601

culpable intention and, 67

definition, statutory, 64

matters constituting, 65–67, 599, 603–6, 610

motions relating to, 607

penalties for, 72–73

power to punish, 59, 62–64, 67–71, 214, 449

courts and, 31–49, 61, 67–71, 77, 402, 405, 607

defined, 30

detention of senators, 57

dissolution of House and, 380

documents

preparation of, for parliamentary purposes, 47, 448

publication of, 55–56

evidence, unauthorised disclosure of, 400–403, 427–28, 436, 605

Fitzpatrick-Browne case, 63, 64, 72

free vote on questions of, 225

freedom of speech, 33, 34–49, 76, 209,

    580, 607

repetition of protected statements outside Parliament, 44

immunities, 32–58

and ordinary law, 31–32, 77–78

distinguished from powers, 30–31

proceedings of Houses not justiciable, 33–34

immunity from

arrest in civil causes, 56–57

compulsory attendance in court or tribunal, 56–58

jury service, 56–58

impeached or questioned, terms defined, 39–40

in camera evidence and, 40–43. See also under committees—evidence

joint committees and, 371

Joint Select Committee on. See under committees, by name

joint sittings, 580

members of Parliament, prosecution of,

    48–49

Parliamentary Privileges Act 1987, 30,

    34–49, 56, 57, 214, 416, 488, 585

Parliamentary Privileges Amendment (Enforcement of Lawful Orders) Bill 1994, 481–83

penalties, 62–64, 72–73, 416

petitions, 49, 448, 449

political party discipline and, 50

precedence for motions concerning, 159, 601

precincts, parliamentary, application of laws to, 77–78

Presidents’ rulings on, 73, 601

list of, 649–56

Privilege Resolutions, 30, 32, 62, 65–67,

    75–77, 135, 207, 379, 417, 418–25, 436, 469, 595–610

procedures relating to, 73–75, 182, 209,

    606–7

proceedings in Parliament, 404–5, 550–52

activities incidental to proceedings, 44–46

committees included, 34–38, 59

valid proceedings only, 391, 404

courts and tribunals and, 32–49, 77, 607

defined, 32, 38, 77

includes preparation of documents

draft Audit Office reports, 47

justiciability of, 33–34, 278, 284, 371

petitions, 448

provision of information to members,

    45–46

publication of documents, 448

seminars arranged by committees and, 391

prorogation and, 150–52, 380, 509–10

public interest immunity, claims of. See public interest immunity

qualified privilege, 56

quorums in committees and, 404–5

reporting of proceedings, 56, 80–81

search warrants in the premises of senators and members, 47–48

senators’ correspondence and, 44

state parliaments and, 49

statutory secrecy provisions and, 51–55

Stockdale v Hansard, 55

Strauss case (UK), 32, 44

subpoenas and search warrants, 46–48

tribunals, commissions of inquiry and, 50–51

waiver of, 54, 74

witnesses. See witnesses

writs, service of, and, 66

Privileges Committee. See privilege, parliamentary—committee of privileges

Proceedings, recording of, 171

Proclamation of legislation, 233, 268–69. See also commencement of legislation

Production of documents, orders for. See documents—production of, orders for

Proportional representation. See election of senators—voting methods

Prorogation

assent to bills after, 268, 505

bills, revival of following, 262–64

business pending terminated by, 141, 150, 262–64, 506

business, restoration to Notice Paper following, 157, 262–64, 506

committees and. See committees—prorogation

defined, 141

delegated legislation, and, 340

discharge of senators from attendance and, 151, 505

Governor-General and, 141, 456

meeting of Senate and committees after, 150–52, 380–81, 504–10

prior to dissolution of House, 142, 504

proclamation of, 505, 506

questions on notice and, 496

sessional orders and, 506

simultaneous dissolutions and, 546

without dissolution, 142

Protection of persons adversely referred to in Senate and committees. See privilege, parliamentary—adverse mention

Public galleries, 79

Public interest immunity, 32, 45, 445–46, 468–90

advices to the government, orders for production of, 446, 484

advisers to the government and, 480

cabinet documents and, 470, 471–72, 475, 479, 484, 488

claims of, determined by the Senate, 468, 477, 480, 482

claims of, resolved politically not procedurally, 469, 478, 480, 489, 490

commercial confidentiality, 465, 483, 484, 488

committees and, 379, 472–76, 477, 479–81

courts and, 470–72

editing of documents to exclude material, 478, 479

examination of documents by neutral third party, 483, 489

Freedom of Information Act and, 477, 479

government views on, 472–77, 483

grounds for, 469

guidelines for official witnesses appearing before parliamentary committees, 431, 477

legal advice to government and, 487

motion proposing committee of party leaders to consider matters of, 483

other jurisdictions, 489–93

overseas loans affair 1975, 476–77, 480

resolution by Senate, 16 July 1975, on, 468

sanctions against claims of, 446, 472, 484, 488–90

security matters, questions to ministers concerning, 502

statutory office-holders and, 480, 488

witnesses and, 472–77

Public servants

as witnesses. See witnesses

Senate resolution concerning training programs on accountability to Parliament, 67, 431

Publication of documents. See under documents

—Q—

Qualifications for election. See election of senators—qualifications of candidates

Qualified privilege, 56

Queen Elizabeth II, 572

Question on motion

avoidance of, 180

division of, 187, 217, 258, 308

putting of, 216

reading of, 216

Question time. See under questions to ministers

Questions to committee chairs, 406

Questions to ministers, 459, 490–503

on notice, 490, 494–97, 499, 500

prorogation and, 496

replies due in thirty days, 174, 495–96, 496

minister censured for failure to reply, 465

orders for production of, 443

question time, 490–94

call of the chair, 493

censure motions and, 468

duration of, 491–93

termination of, 490–93

time limits on questions and answers, 490, 493–94

representation of ministers in the House of Representatives, 459

rules for, 496–97

rulings on, 498–501

amendment of questions, 500

answers not to debate question, 500

comments on Opposition policy, 498

declaration of interest in a question, 501

improper questions, 499

language of a question, 499

long and involved questions to be placed on Notice Paper, 498

minister, not chair, to determine nature of reply, 501

minister’s area of responsibility, 500–501

orders for returns, questions involving, 502

parliamentary secretaries not to be asked or to answer, 501

personal reflections in, 498, 499

questions must refer to matters within Commonwealth power, 501

quotations in, 499–500

relevance of answers, 500

security matters, questions on, 502

statements of government policy, 498

statutory authorities, questions concerning, 502

time limits on questions and answers, 490, 493–94

without notice

additional responses, 503

anticipation of other matters, 498

ministers not obliged to answer, 491

ministers responsible for answers given on behalf of another, 461

motions to take note of answers, 193, 503

parliamentary secretaries not to be asked or to answer, 460

supplementary, 494

Questions to President, 116

Questions to senators, 136, 171. See also questions to ministers

Quorum, 155–56, 223, 465

committee of the whole, 155, 320

in committees, 381, 398, 403

time taken to form and speaker’s time, 194

Quotas. See under election of senators

Quotation of documents, 176, 194, 440, 452, 475, 497, 499–500

—R—

Reading of speeches, 194

Recess, 504, 508

Recording of proceedings, 80–83, 171, 207. See also Hansard

Red (Senate Order of Business), 157

Referendums, 260, 562, 564, 582

Register of Interests, 136

Regulations. See under delegated legislation

Relevance, 145, 149, 197, 303

Remonstrances, 451

Remuneration and Allowances Act

    1990, 138

Remuneration and entitlements, 138–39

Remuneration Tribunal, 138

Repetition, tedious, 197

Reply, in debate, 191, 215, 243

Requests. See financial legislation—requests

Rescission of resolutions and orders, 181–82, 204, 219

Reserve powers, 573

Resignation of senators, 103–4, 139

Resolution 5 matters. See privilege, parliamentary—adverse mention in senate

Resolutions and orders, 173

duration of, 185

rescission of. See rescission of resolutions and orders

Responsible government. See cabinet government

Restoration of bills. See bills—revival of

Resumption of business, 166

Retrospective legislation, 302–3

Returns to order, 442, 502

Review role of Senate. See senate—functions of—scrutiny

Right of reply to adverse mention in Senate or committees. See privilege, parliamentary—adverse mention in senate

Right to speak, 190–92

call of the chair, 134, 190

in reply, 191, 215, 231, 243

on amendments, 191

Rights and liberties of the citizen, 13, 357–59

Roll call, 224–25, 261

Roll of senators, 146

Rotation of senators. See under election of senators

Routine of Business, 157–59, 214

committee reports and, 407

table of, 172

Royal assent to bills. See bills—assent

Royal Commission into use of Executive Power (Western Australia), 44, 203

Royal Commission on Australian Government Administration, 468, 474, 477

Royal commissions, sub judice convention and, 203

Rules and orders. See standing and other orders

Rulings. See chair of committees; committees—chairs; deputy president; president

Rulings of chair, objections to. See under president

—S—

Salaries and allowances of senators. See senators—entitlements and remuneration

Sales Tax Bills 1981, 281, 282, 311, 574

Same question rule, 181, 182

delegated legislation and, 182, 334, 342

Sanctions. See privilege, parliamentary—penalties; public interest immunity—sanctions against claims of

Scrutiny role of Senate. See senate—scrutiny

Search warrants. See under privilege, parliamentary

Seating arrangements in chamber, 137

Seconding of motions not required, 180

Secrecy provisions in Acts, Senate powers of inquiry and. See  senate—powers—inquiry

Secret ballots. See under voting

Security matters, questions to ministers concerning, 502

Security of Senate precincts, 120, 123

Select committees. See committees—select

Senate

adjournment of. See adjournment of senate

balance of power in. See under parties, political

casual vacancies in. See under election of senators

chamber, seating arrangements, 137

chronology of, 14, 719-27

commencement of terms, 18

composition of, 2, 15–16, 58–59, 89, 93, 108

continuing nature of, 4, 17, 380, 506

Department of. See senate, department of

dissolution of House and, 504–10. See also dissolution of house of representatives

division of, into classes for retirement by rotation. See election of senators—rotation of senators

elections for. See election of senators

functions of, 2, 11–14, 458

government majority in, not usual, 11

interference with, 603

leave of, 166–67, 175

meeting times, 142, 147–49, 152, 504

meetings of during recess and following dissolution of House, 150–52, 504–10

declaration of Senate on, 510

meetings of, in public, 79

party composition since 1901, 10, 26

place of meeting, 142

powers, 4, 11

financial legislation and, 271–318.  See also financial legislation

government mandate and, 13

inquiry, 59–61, 378, 415

delegation of, 517, 528

statutory secrecy provisions and,

    51–55, 424

legislative, 14

to expel senators, 58–59

to meet after prorogation or dissolution of House, 504–10

to punish contempt, 62–64

veto, 7, 13, 327

privileges and immunities of. See privilege, parliamentary

proceedings

broadcasting of, 80–82

orders of the Senate, 81

held in public, 79

in private session, 79

reporting of, 80–83

validity of, 132

publications of, 84–85, See also hansard; journals of the senate; notice paper

representative character of, 2, 12, 19,

    90–91, 109

rotation of senators, 17–19

division of Senate into classes and, 17, 92, 102–3

scrutiny, 12–13

of delegated legislation, 13, 325–45

of estimates of expenditure, 311–16, 366–70, 386–87. See also committees—estimates

of government administration, 12, 366, 388–89. See also accountability

of judicial administration and rules of court, 345, 537

of legislation. See committees, by name—scrutiny of bills

of statutory authorities, 312, 432, 488, 502

sittings, 147–53, 232

postponement of, 148

suspension of, 152–53

distinguished from adjournment, 152

ministers and, 152

over one or more days, 152–53

delegated legislation and, 153, 333

summoning of, 149, 151

United States Senate and, 3

Senate (Representation of Territories) Act 1973, 565

Senate, Department of, 112, 118–24, 316–18

Senators

absence of, without leave, 104, 132

arrest of, 57

attendance of, 133, 151–52, 171

classes of, for retirement by rotation. See election of senators—rotation of senators

commencement of terms, 18

conduct of, 135, 138, 210

conflict of interest and, 376, 461, 501

declaration of interests, 209, 223

designation of, 132

detention of, 57

discharge of, from attendance, 151–52, 504, 505

disqualification of, 104, 125–32, 132. See also office of profit under the crown

determination of, 130–32

dress, 138

-elect. See senators-elect

election of. See election of senators

entitlements and remuneration, 138–39

expulsion of, 58–59

first speech, 210

gifts received by, to be registered, 136

interests. See pecuniary interests; register of interests; senators—conflict of interest and; senators—declaration of interests

interference with, 603

leave of absence, 133–35

may act on behalf of another, 176, 179

naming of, 175, 184, 213, 378

numbers of. See senate—composition of

places in chamber, 137

qualifications for election, 125–30

questions to, 136, 170

register of interests of. See register of interests

representing territories. See Territory senators

resignation of, 103–4, 139

role of, 146

seniority, 134

service on committees before swearing,

    133, 376

suspension of, 175, 184, 189, 213–14, 378

swearing of, 133, 143, 144, 146, 376

terms of office, 4, 17–19

witnesses, as, 34, 426, 437

Senators’ Roll, 146

Senators-elect, 104, 128, 132

Separation of powers, 5, 33, 325, 511, 520, 523–25, 538

Sessional orders. See standing and other orders

Sessions of Parliament, 141–42, 150–51, 456, 504

Simultaneous dissolutions

amendments on second presentation of

    bill, 551

amendments to which House will not

    agree, 551

calculation of three months interval following failure to pass, 545, 550,

    551, 558

contrived deadlock no bar, 548

currency of triggering legislation, 547

diagram of s.57 process, 583

dissolution need not follow immediately on failure to pass, 547

failure to pass, 237, 311, 545–47, 550, 551, 554–59

financial legislation and, 572–73

Governor-General and. See under governor-general

justiciability of legislation enacted, 550

no limit to number of triggering bills,

    547, 564

Petroleum and Minerals Authority Bill 1973-74, 546, 550, 562

political or policy significance of triggering bills, 548, 563, 574–77

proceedings in Parliament relating to, justiciable, 40

prorogation, effect of, 546

provisions of s.57 mandatory, 545

reform of s.57, 581–82

requests and, 311, 546, 576

senators’ terms of office and, 18–19, 92

stockpiling of bills, 575, 581–82

workability of Parliament, 548–50, 552–54, 564, 574–77

Sitting day, meaning of, 153, 333

Sitting periods, 142, 152, 232, 504

Sitting times, 152

Sovereign. See monarch

Sovereignty, Parliament and, 3, 79

Speakers list, 191

Special appropriations. See financial legislation—appropriation bills—special

Special majorities. See majorities

Speech, freedom of, in Parliament. See privilege, parliamentary—freedom of speech

Speeches

Chair may direct speaker to discontinue, 197

reading of, 194

time limits on, 149, 186, 189, 192–94, 440

committee of the whole, 321

Sports grants affair, 355, 463

Standing and other orders, 20–22

amendment of, 21

committee of the whole and, 170

contingent notices and, 167–69

free vote on changes to, 225

interpretation of, 20

list of references to specific standing orders, 733–38

orders of continuing effect, 185

sessional orders, 506

suspension of, 145, 167–70, 175, 193

absolute majority and, 167, 219

contingent notices and, 178

may be used once only, 169

effects on order of business, 170

Standing appropriations, 291–97

as proportion of total government expenditure, 292

Standing committees. See committees—standing

Standing orders. See standing and other orders

States, representation of. See senate—composition of

Statutory authorities

accountable to Parliament, 432, 488

commercial confidentiality claims by, 485

expenditure of, subject to scrutiny, 312

questions to ministers concerning, 502

Statutory committees. See committees—statutory

Statutory instruments. See delegated legislation

Statutory office-holders

as witnesses, 432

public interest immunity and, 480, 488

Statutory secrecy provisions, 51–55, 424

Sub judice convention, 198–203, 402, 405, 484

Sub-committees. See committees—sub-committees

Submissions to Senate, 450–51. See also committees—evidence

Subordinate legislation. See delegated legislation

Sugar Bounty Bill 1903, 287, 288, 290, 291, 297, 299, 305

Superannuation entitlements of senators. See senators—entitlements and remuneration

Supplementary questions. See questions to ministers—without notice—supplementary

Supply, 276–78

examples of denial of, in state upper

    houses, 567

Supply Bills 1901, 272, 566

Surplus Revenue Bill 1910, 290

Suspension

of senators, 175, 184, 189, 213–14, 378

of sitting, 152–53

effect on debate, 215

on one or more days, 153, 333

of standing orders. See under standing and other orders

Swearing of senators, 143, 144, 146

service on committees prior to, 376

—T—

Tabling, 329–30

definition of term, 439

Tacking, 278

Tambling, Grant, Senator, 50

Taxation (Deficit Reduction) Bill 1993, 281

Taxation bills. See under financial legislation

Taxation Laws Amendment Bill (No.4) 1993, 299

Teleconferences. See committees—meetings—electronic

Televising of proceedings. See broadcasting of proceedings

Tellers, 221

Temporary Chairs of Committees, 115, 320, 408

Term of Parliament, 141, 372

Terms of office of senators, 4, 17–19

Territory senators, 15, 16, 93, 95, 106, 108–10, 112

Thirty day rule. See under questions to ministers—on notice

This day six months, meaning of, in third reading amendments, 253

Time limits. See also limitation of debate

debates, 149, 181, 186, 194, 440

questions without notice, 490, 493–94

speeches, 149, 183, 186, 192–94, 440

committee of the whole, 321

Times of meeting, 152. See also calendar, parliamentary; sitting periods

sitting periods, 504

Transcriptions of proceedings. See hansard

Treasurer, 458

Treaties, tabling and scrutiny of, 452–54

Tribunals

legislative instruments made by, subject to disallowance, 345

—U—

Uniform national legislation. See agreements, intergovernmental

Unparliamentary conduct, 210–11, 464. See also conduct of senators

Unparliamentary language, 204–9

Urgency motions, 184, 186–88, 193

Urgent bills. See bills—urgent

Usher of the Black Rod, 79

—V—

Vacancies, casual. See election of senators—casual vacancies

Veto. See senate—powers—veto

Video conferences. See committees —meetings —electronic

Video recordings, 367, 440

Visitors, distinguished, 79, 139

Vote of Senate not to be reflected on, 204

Voting, 219–26

absentee, 222

absolute majority. See under majorities

abstention, 222

ballots, 223–24, 373, 396

bells, 221

casting vote, 361, 372. See also under president

casual vacancies and, 220

Chair of Committees, by, 117, 222

conscience vote, 225

Constitution alteration bills, on, 261

declaration of votes by President, 220

determining of by misadventure, 222

divisions, 216, 221–23

not called after 6 pm Thursdays, 223

points of order during, 223

doors locked during, 221

electronic, 226

equally divided, 219, 258, 306, 307, 308, 399

in ballot, 113, 224

free vote, 225

in joint sittings, 578

interest, declaration of, 223

on voices, 220–21

pairs, 222, 223–24

President, by, 117, 222

proxy, 222

quorum and, 223

recording of votes, 221

roll call, 224–25

secret ballots, 223

special majorities. See under majorities

tellers, 221

—W—

Want of confidence motions. See censure motions

Westpac documents case, 200–202

Whips, 138, 191, 356, 385

Wilson, Woodrow, 12

Witnesses, 415–37

access to documents, 597

adverse mention, right of reply, 418, 420–23. See also privilege, parliamentary—adverse mention

advice to, concerning rights and obligations, 389

before bar of Senate, 415, 476–77

corrections of transcripts by, 599

counsel, use of, by, 418, 425, 434. See also committees—counsel

documents and, 417, 419

examination of, 390, 434, 598

expenses of, paid by others, 425

foreigners as, 432

former parliamentarians as, 379, 429

guidelines for official witnesses appearing before parliamentary committees, 431, 477

House and other parliamentarians. See witnesses—parliamentarians as

improper influence of, 599

in custody, 433

interference with, 417, 604

invited to give evidence, 379, 390, 416, 418, 419, 597

legal proceedings and, 405

may be examined together and exchange views, 391

may object to broadcast of proceedings, 393

ministerial and departmental liaison staff as, 430

notice of appearance, 418, 419, 597

objection to answering questions, 418, 424–25, 598

offences by, 436, 605

overseas, 432

parliamentarians as, 60–61, 73, 378–79, 383, 426–30

former parliamentarians not immune, 429

parliamentary officials as, 426–30

power to summon, 59–61

protection of

legal, 34, 39, 62, 74–75, 416–17, 604

procedural, 62, 74–75, 418–25, 597–601

before Privileges Committee, 599–601

public interest immunity, claims of. See public interest immunity

public servants as, 430–31, 468, 599

accompanied by private persons, 431

state and territory, 60–61

statutory office-holders, 432, 480

rights of. See witnesses—protection of

selection of, 390

Senate may order particular, to appear, 380, 416, 425, 429, 430

Senate officials as, in courts and tribunals, 437

senators as, 34, 426, 437

state and territory officers, 60–61

statutory office-holders as, 431, 480

statutory secrecy provisions and, 51–55, 424

submissions from, 418, 419, 597. See also committees—evidence—submissions

summoning of, 378–80, 416, 418, 419, 425, 481, 597

swearing of, 433–34, 436

Wood, William Robert, disqualified Senate candidate, 100, 127, 128, 131

Writs, electoral, 93–95, 93, 102, 109, 566

Contents

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