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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, 29–78
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
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