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Standing Orders
Chapter 14 - Motions and questions
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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