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79 Notice required
Except by leave of the Senate, or as otherwise provided by the standing orders, a motion shall not be moved unless it is in accordance with a notice duly given.
80 Disposal of motions
(1) Motions shall be called on in the order in which they appear on the Notice Paper.
(2) If, at the adjournment of the Senate, a motion on the Notice Paper has not been called on, or has been moved but not determined, it shall be set down on the Notice Paper for the next sitting day.
81 Privilege motions
A matter of privilege, unless suddenly arising in relation to proceedings before the Senate, shall not be brought before the Senate except in accordance with the following procedures:
(1) A senator intending to raise a matter of privilege shall notify the President, in writing, of the matter.
(2) The President shall consider the matter and determine, as soon as practicable, whether a motion relating to the matter should have precedence of other business, having regard to the criteria set out in any relevant resolution of the Senate.
(3) The President’s decision shall be communicated to the senator, and, if the President thinks it appropriate, or determines that a motion relating to the matter should have precedence, to the Senate.
(4) A senator shall not take any action in relation to, or refer to, in the Senate, a matter which is under consideration by the President in accordance with this resolution.
(5) Where the President determines that a motion relating to a matter should be given precedence of other business, the senator may, at any time when there is no other business before the Senate, give notice of a motion to refer the matter to the Committee of Privileges, and that motion shall take precedence of all other business on the day for which the notice is given.
(6) A determination by the President that a motion relating to a matter should not have precedence of other business does not prevent a senator in accordance with other procedures taking action in relation to, or referring to, that matter in the Senate, subject to the rules of the Senate.
(7) Where notice of a motion is given under paragraph (5) and the Senate is not expected to meet within the period of one week occurring immediately after the day on which the notice is given, the motion may be moved on that day.
82 Motions concerning contempts
A motion to:
(a) determine that a person has committed a contempt; or
(b) impose a penalty upon a person for a contempt,
shall not be moved unless notice of the motion has been given not less than 7 days before the day for moving the motion.
83 Moving of motions
(1) A senator at the request of another senator who has given notice may move the motion of which notice has been given.
(2) If a senator fails to move a motion of which notice has been given when it is called on, it shall be withdrawn from the Notice Paper.
(3) After a motion has been moved, it is in the possession of the Senate, and cannot be withdrawn without leave.
(4) A motion which has been superseded, or, by leave of the Senate, withdrawn, may be moved again during the same session.
84 Putting of question
(1) When a motion has been moved, a question on it shall be proposed to the Senate by the President.
(2) When the debate on a question is concluded, the President shall put the question to the Senate.
(3) The President may order a complicated question to be divided.
(4) A question being put shall be resolved in the affirmative or negative, by the majority of voices, “aye” or “no”.
(5) The President shall state whether the “ayes” or “noes” have it, and if that opinion is challenged the question shall be decided by division.
85 Anticipatory motions
A motion or amendment shall not anticipate an order of the day or another motion of which notice has been given, unless the new motion or amendment provides a more effective method of proceeding.
86 Same question
(1) A question shall not be proposed if it is the same in substance as any question which has been determined during the same session, unless the order, resolution, or vote on such question was determined more than 6 months previously or has been rescinded.
(2) This standing order shall not prevent a motion for the disallowance of an instrument substantially the same in effect as one previously disallowed.
87 Rescission of order
An order, resolution, or vote of the Senate may be rescinded, but not during the same session unless 7 days’ notice is given and at least one-half of the whole number of senators vote in favour of its rescission, except that to correct irregularities or mistakes one day’s notice shall be sufficient.
88 Leave of the Senate
(1) A motion otherwise requiring notice may be moved without notice by leave of the Senate.
(2) Leave of the Senate is granted when no senator present objects to the moving of the motion or other course of action for which leave is sought.
89 Superseded question
A question may be superseded by the moving of motions for:
(a) the adjournment of the Senate;
(b) the adjournment of the debate;
(c) the orders of the day to be called on; and
(d) the previous question.
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