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Resolutions Expressing Opinions of the
Senate
Senate
37 Appropriations – ordinary annual services of the
government
The Senate resolves:
(1) To reaffirm its constitutional right
to amend proposed laws appropriating revenue or moneys for expenditure on all
matters not involving the ordinary annual services of the government.
(2) That appropriations for expenditure
on:
(a) the construction of public works and
buildings;
(b) the acquisition of sites and
buildings;
(c) items of plant and equipment which
are clearly definable as capital expenditure;
(d) grants to the states under section
96 of the Constitution; and
(e) new policies not previously
authorised by special legislation,
are not appropriations for
the ordinary annual services of the government and that proposed laws for the
appropriation of revenue or moneys for expenditure on the said matters shall be
presented to the Senate in a separate appropriation bill subject to amendment
by the Senate.
(17 February 1977
J.572)
38 Casual vacancies
Where the place of a senator who is a
member of a particular political party becomes vacant before the expiration of
the senator’s term of service, in the opinion of the Senate a person chosen to
fill the vacant place in accordance with section 15 of the Constitution should
be the member of the political party duly nominated by that party to fill that
place; ...
(19 March 1987 J.1698)
Note: Part of a
longer resolution, dealing with the case of a vacancy in the representation of
Tasmania.
39 Casual vacancies
The Senate—
(a) believes that casual vacancies in
the Senate should be filled as expeditiously as possible, so that no state is
without its full representation in the Senate for any time longer than is
necessary;
(b) recognises that
under section 15 of the Constitution an appointment to a vacancy in the Senate
may be delayed because the Houses of the Parliament of the relevant state are
adjourned but have not been prorogued, which, on a strict construction of the
section, prevents the Governor of the state making the appointment; and
(c) recommends that all state parliaments
adopt procedures whereby their Houses, if they are adjourned when a casual
vacancy in the Senate is notified, are recalled to fill the vacancy, and
whereby the vacancy is filled:
(i) within 14 days after the
notification of the vacancy, or
(ii) where under section 15 of the Constitution the vacancy must be filled by
a member of a political party, within 14 days after the nomination by that
party is received,
whichever is the later.
(3 June 1992 J.2401,
reaffirmed 7 May 1997 J.1866)
40 Taxation bills – retrospectivity
Where the government has announced, by
press release, its intention to introduce a bill to amend taxation law, and
that bill has not been introduced into the Parliament or made available by way
of publication of a draft bill within 6 calendar months after the date of that
announcement, the Senate shall, subject to any further resolution, amend the
bill to provide that the commencement date of the bill shall be a date that is
no earlier than either the date of introduction of the bill into the Parliament
or the date of publication of the draft bill.
(8 November 1988 J.1104)
Note: Part of a
resolution agreed to by way of an amendment to the motion for the second
reading of a bill.
41 Quorum
The Senate ...
(d) notes that it is the clear responsibility
of all senators to maintain the quorum in the Senate.
(4 October 1989
J.2083)
Note: Part of a
longer resolution relating to a count-out of the Senate and a motion of
censure.
42 Committee reports – government responses
(1) The Senate declares its opinion
that, following the presentation of a report from a standing committee or
select committee of the Senate which recommends action by the government, the
government should, within the ensuing 3 months, table a paper informing the
Senate of its observations and intentions with respect to such recommendations.
(2) The Senate resolves that the
President communicate this resolution to the government with a request that the
foregoing procedure apply, from the date of the passing of this resolution, to
reports already presented during the present session and, in respect of future
reports, from the date of presentation of a report.
(3) A government response to a committee
report under this resolution shall respond to any minority or dissenting report
and any matter added to the report by any member or participating member of the
committee.
(14 March 1973 J.51,
amended 24 August 1994 J.2054)
Note:
Government responses to committee reports have since been the subject of
undertakings by governments. Undertakings were given on:
26
May 1978 – Senate Debates (Hansard) p. 1933.
24
August 1983 – Senate Debates (Hansard) p. 141.
5
November 1991 – Journals p. 1625.
43 Division of bills
The committee ... reasserts
the principle that the division of any bill by the Senate is a form of
amendment of a bill, not different in principle from any other form of
amendment, and should be considered as such.
(12 December 2002
J.1363)
Note: Resolution
of a committee of the whole, adopted by the Senate on 12 December 2002
following consideration of a message from the House of Representatives relating
to the Family and Community Services Legislation Amendment (Australians Working
Together and other 2001 Budget Measures) Bill 2002.
44 Joint meetings to receive addresses by foreign
heads of state
The Senate considers that any future
parliamentary addresses by visiting foreign heads of state should be received
by a meeting of the House of Representatives in the House chamber, to which all
senators are invited as guests.
(11 May 2004 J.3377)
Note: Agreed
to upon adoption of the Procedure Committee’s third report of 2003.
45 Storage of Senate documents
The Senate authorises the
storage outside Parliament House by the National Archives of Australia of
documents laid before the Senate, provided that the storage of those documents
is under the control of the Department of the Senate and microfilm copies of
them are available within Parliament House.
(6 October 2005
J.1200)
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