Part III.
House of
Representatives.
|
Chapter I
Part III.The House Of Representatives.
|
Constitution of House of Representatives.
|
24. The House of Representatives
shall be composed of members directly chosen by the people of
the Commonwealth, and the number of such members shall be, as
nearly as practicable, twice the number of the senators.
The number of members chosen in
the several States shall be in proportion to the respective numbers
of their people, and shall, until the Parliament otherwise provides,
be determined, whenever necessary, in the following manner:
(i.) A quota shall be ascertained
by dividing the number of the people of the
Commonwealth, as shown by the latest statistics of the Commonwealth,
by twice
the number of the senators:
(ii.) The number of members to be
chosen in each State shall be determined by
dividing the number of the people of the State, as shown by the
latest statistics of
the Commonwealth, by the quota; and if on such division there
is a remainder
greater than one-half of the quota, one more member shall be chosen
in the State.
But notwithstanding anything in
this section, five members at least shall be chosen in each Original
State.
|
|
Provision as to
races disqualified
from voting.
|
25. For the purposes of the last section, if by the law
of any State all persons of any race are disqualified from voting
at elections for the more numerous House of the Parliament of
the State, then, in reckoning the number of the people of the
State or of the Commonwealth, persons of that race resident in
that State shall not be counted.
|
|
Representatives in first Parliament.
|
26. Notwithstanding anything
in section twenty-four, the number of members to be chosen in
each State at the first election shall be as follows:
| New South Wales |
twenty-three; |
| Victoria |
twenty; |
| Queensland |
eight; |
| South Australia |
six; |
| Tasmania |
five; |
Provided that if Western Australia is an Original State, the
numbers shall be as follows:
| New South Wales |
twenty-six; |
| Victoria |
twenty-three; |
| Queensland |
nine; |
| South Australia |
seven; |
| Western Australia |
five; |
| Tasmania |
five. |
|
Alteration of
number of members.
|
27. Subject to this Constitution,
the Parliament may make laws for increasing or diminishing the
number of the members of the House of Representatives.
|
Duration of House of Representatives.
|
28. Every House of Representatives shall continue for
three years from the first meeting of the House, and no longer,
but may be sooner dissolved by the Governor-General.
|
| Electoral divisions. |
29. Until the Parliament of the Commonwealth otherwise
provides, the Parliament of any State may make laws*
for determining the divisions in each State for which members
of the House of Representatives may be chosen, and the number
of members to be chosen for each division. A division shall not
be formed out of parts of different States.
In the absence of other provision,
each State shall be one electorate.
|
Qualification
of electors.
|
30. Until the Parliament otherwise provides, the qualification
of electors of members of the House of Representatives shall be
in each State that which is prescribed by the law of the State
as the qualification of electors of the more numerous House of
Parliament of the State; but in the choosing of members each elector
shall vote only once.
|
Application of
State laws.
|
31. Until the Parliament otherwise provides, but subject
to this Constitution, the laws in force in each State for the
time being relating to elections for the more numerous House of
the Parliament of the State shall, as nearly as practicable, apply
to elections in the State of members of the House of Representatives.
|
Writs for
general electioin.
|
32. The Governor-General in
Council may cause writs to be issued for general elections of
members of the House of Representatives.
After the first general election,
the writs shall be issued within ten days from the expiry of a
House of Representatives or from the proclamation of a dissolution
thereof.
|
| Writs for vacancies. |
33. Whenever a vacancy happens in the House of Representatives,
the Speaker shall issue his writ for the election of a new member,
or if there is no Speaker or if he is absent from the Commonwealth
the Governor-General in Council may issue the writ.
|
|
* The following State Acts
were passed in pursuance of the powers conferred by s. 29, but ceased
to be in force upon the enactment of the Commonwealth Electoral
Act 1902:
|
|
| State |
Number |
Short title |
| New South Wales |
No. 73, 1900 |
Federal Elections Act 1900 |
| Victoria |
No. 1667 |
Federal House of Representatives Victorian Electorates
Act 1900 |
| Queensland |
64 Vic. No. 25 |
The Parliament of the Commonwealth Elections Act and The
Elections Acts
1885 to 1898 Amendment Act of 1900 |
| Western Australia |
64 Vic. No. 6 |
Federal House of Representatives Western Australian Electorates
Act 1900 |
|
Qualifications
of members.
|
34. Until the Parliament otherwise
provides, the qualifications of a member of the House of Representatives
shall be as follows:
(i.) He must be of the full age
of twenty-one years, and must be an elector entitled
to vote at the election of members of the House of Representatives,
or a person
qualified to become such elector, and must have been for three
years at the least
a resident within the limits of the Commonwealth as existing at
the time when
he is chosen:
(ii.) He must be a subject of the
Queen, either natural-born or for at least five years
naturalized under a law of the United Kingdom, or of a Colony
which has
become or becomes a State, or of the Commonwealth, or of a State.
|
| Election of Speaker. |
35. The House of Representatives
shall, before proceeding to the despatch of any other business,
choose a member to be the Speaker of the House, and as often as
the office of Speaker becomes vacant the House shall again choose
a member to be the Speaker.
The Speaker shall cease to hold his office if he ceases to be
a member. He may be removed from office by a vote of the House,
or he may resign his office or his seat by writing addressed to
the Governor-General.
|
Absence of Speaker.
|
36. Before or during any absence of the Speaker, the House
of Representatives may choose a member to perform his duties in
his absence.
|
Resignation
of member.
|
37. A member may by writing addressed to the Speaker,
or to the Governor-General if there is no Speaker or if the Speaker
is absent from the Commonwealth, resign his place, which thereupon
shall become vacant.
|
| Vacancy by absence. |
38. The place of a member shall become vacant if for two
consecutive months of any session of the Parliament he, without
the permission of the House, fails to attend the House.
|
Quorum.
|
39. Until the Parliament otherwise provides, the presence
of at least one-third of the whole number of the members of the
House of Representatives shall be necessary to constitute a meeting
of the House for the exercise of its powers.
|
Voting in House
of Representatives.
|
40. Questions arising in the House of Representatives
shall be determined by a majority of votes other than that of
the Speaker. The Speaker shall not vote unless the numbers are
equal, and then he shall have a casting vote.
|
| |
|
|
Chapter I Part IV |
For more information about the compliancy standards applied
within the Parliamentary Handbook please see the Accessibility
page.