Skip to main content
Parliament Crest
Intranet Header Image
Search
Home
Legislative Council
House of Assembly
About Parliament
Members
Committees
Legislation
Hansard
Resources
Education
  

How Do I?
  Go

SOUTH AUSTRALIA

The

Standing Orders

OF THE

LEGISLATIVE COUNCIL

RELATING TO

PUBLIC BUSINESS

TOGETHER WITH THE

Joint Standing Orders

AGREED TO BY BOTH HOUSES

______________________

Ordered to be printed with amendments, 5 August, 1999

______________________

 

INDEX

 

Table of Contents

STANDING ORDERS

 

 

CHAPTER

 

 

I.

Introductory

 

II.

Proceedings on the Opening of Parliament

 

III.

Election of President

 

IV.

Absence of President and Vacancy during Session. The Clerk

 

V.

Members’ Roll. The Minutes

 

VI.

Attendance of Members and Leave of Absence

 

VII.

Call of the Council

 

VIII.

Places of Members

 

IX.

Sitting and Adjournment of Council. Want of Quorum

 

X.

The Notice Paper. Order in Business

 

XI.

Petitions

 

XII.

Giving of Notices

 

XIII.

Questions to Members

 

XIV.

Motions. Questions from the Chair. Amendments. Previous Question

 

XV.

Orders of the Day

 

XVI.

Resolutions and Orders

 

XVII.

Conduct of Members and Order in Debate

 

XVIII.

Disorder. Suspension. Arrest

 

XIX.

Divisions

 

XX.

The Ballot

 

XXI.

Addresses

 

XXII.

Messages from the Governor

 

XXIII.

Communication Between the Two Houses by Messages, Conferences and Committees

 

XXIV.

Public Bills

 

XXV.

Committees of the Whole Council

 

XXVI.

Select Committees, Standing Committees

 

XXVII.

Instructions

 

XXVIII.

Witnesses

 

XXIX.

Strangers

 

XXX.

Papers and Documents

 

XXXI.

Suspension and Duration of Standing Orders

 

 

JOINT STANDING ORDERS

 

 

 

_________________

 

The Standing Orders

OF THE

Legislative Council

RELATING TO

PUBLIC BUSINESS

___________

 

 

Amended and amendments adopted by the Council, 6th and 22nd October, 1903, and approved by the Governor, 30th October, 1903.

 

Amended and amendments adopted by the Council, 4th August, 1914, and approved by the Governor, 13th August, 1914.

 

Further amended and amendment adopted by the Council, 19th November, 1918, and approved by the Governor, 10th July, 1919.

 

Further amended and amendments adopted by the Council, 2nd October, 1924, and approved by the Governor, 23rd October, 1924.

 

Further amended and amendment adopted by the Council, 6th December, 1939, and approved by the Governor, 11th January, 1940.

 

Further amended and amendments adopted by the Council, 22nd September, 1953, and approved by the Governor, 24th September, 1953.

 

Further amended and amendments adopted by the Council, 6th October, 1953, and approved by the Governor, 8th October, 1953.

 

Further amended and amendment adopted by the Council, 4th October, 1956, and approved by the Governor, 11th October, 1956.

 

Further amended and amendments adopted by the Council, 31st October, 1961, and approved by the Governor, 16th November, 1961.

 

Further amended and amendments adopted by the Council, 5th February, 1976, and approved by the Governor, 19th February, 1976.

 

Further amended and amendment adopted by the Council, 31st July, 1986, and approved by the Governor, 7th August, 1986.

 

Further amended and amendments adopted by the Council, 14th April, 1987, and approved by the Governor, 7th May, 1987.

 

Further amended and amendments adopted by the Council, 5th August, 1999, and approved by the Governor, 9th September, 1999.

 

 

____________

 

 

 

 

CHAPTER I

Introductory

 

 

 

 

1.

In all cases not provided for hereinafter or by Sessional or other Orders, the President shall decide, taking as the guide the rules, forms and usages of the House of Commons of the Parliament of the United Kingdom of Great Britain and Northern Ireland in force from time to time so far as the same can be applied to the proceedings of the Council or any Committee thereof.

Usages of
House of Commons
to be observed, unless other
provision is
made.

 

 

2.

Except so far as is expressly provided herein, these Standing Orders shall in no way restrict the mode in which the Council may exercise and uphold its powers, privileges, and immunities.

Reservation
of powers, etc.

 

 

 

3.

The words and phrases following shall in these Orders have and include the meanings hereby respectively assigned to them, viz:-

Definition.

 

 

"Council" - The Legislative Council of South Australia; or the said Council sitting as a House and not in Committee:

 

 

 

"Clerk" - The Clerk of the Legislative Council and Clerk of the Parliaments:

 

 

 

"Black Rod" - The Usher of the Black Rod:

 

 

 

"Minutes" - The Minutes of the Proceedings of the Legislative Council:

 

 

 

"Leave of the Council" - Leave granted without dissentient voice:

 

 

 

"Written" and "in writing" - Written by hand or imprinted, or partly the one and partly the other.

 

 

 

 

4.

All previous Standing Rules and Orders of this Council relating to Public Business are hereby repealed.

______________

 

Repeal.

 

 

 

 

CHAPTER II

Proceedings on the Opening of Parliament

 

 

 

 

5.

On the Council assembling pursuant to the Proclamation convening the Parliament for the dispatch of business, the Clerk shall read the Proclamation, and the Council shall then await the arrival of the Governor or the Commission representing the Governor.

Proclamation read.

 

 

 

6.

The Governor on arrival shall be announced by Black Rod, and shall be conducted to the Chair by the President, who shall take the chair on the right hand of the Governor.

Governor,
how received.

 

 

 

7.

The Commissioners of the Governor shall be announced and introduced to the Chamber by Black Rod. The Commission shall be read by the Clerk.

Commissioners,
how received.

 

 

 

8.

The Message to the House of Assembly from the Governor or Commissioner, requiring the attendance of that House in the Council Chamber shall be delivered by Black Rod. When the Members of the Assembly have come with their Speaker into the Chamber, the Bar shall be drawn until the departure of the Governor or the Commissioners.

Message to
House of
Assembly,
how delivered.

 

 

See also Order No. 15.

 

 

 

 

9.

New Members present shall be admitted within the Bar and take and subscribe the Oath or Affirmation provided by the Constitution, the Writ of Election of each Member, with the Return duly endorsed thereon, having been previously received and laid upon the Table.

Members to be sworn.

Writs.

 

 

 

10.

If the office of President be vacant, the Council shall proceed to the election of a President, in manner hereinafter provided, so soon as the Commissioners shall have withdrawn.

President to
be elected.

 

 

See Orders Nos. 16-23.

 

 

 

 

11.

Standing Committees shall be appointed.

Committees
appointed.

 

 

See Order No. 414.

 

 

 

12.

The President shall lay on the Table a copy of the Governor’s Opening Speech, and a Committee to prepare a draft Address in Reply thereto shall be nominated, to whom the said Speech shall stand referred.

Address in Reply,
Committee
appointed. 

 

 

See Order No. 377.

 

 

 

13.

The Address, when reported by the Committee, shall be considered by the Council, and, when adopted, shall be presented to the Governor by the President, accompanied by any Members of the Council who may think fit to attend.

Address adopted
and presented to Governor.

 

 

See also (Addresses) Orders Nos. 239-241.

 

 

14.

Until the Address in Reply to the Governor’s Opening Speech has been adopted, no business beyond what is of a formal or unopposed character shall be entertained.

Only formal
business before Address adopted.

 

 

 

15.

When the Opening Speech is delivered by the Sovereign in person:-

Opening by Sovereign
in person.

 

(a)

The Message to the House of Assembly mentioned in Standing Order No. 8 need not be sent and the Speaker and Members of the House of Assembly may be admitted to the Legislative Council Chamber without any such message;

 

(b)

Standing Order No. 5 shall apply as if the words "the Sovereign" were substituted for the words "the Governor or the Commission representing the Governor";

 

 

(c)

Standing Order No. 6 shall apply as if the words "the Sovereign" were substituted for the words "The Governor";

 

 

(d)

Standing Orders Nos. 12 and 14 shall apply as if the words "Speech of the Sovereign" were substituted for the words "Governor’s Opening Speech";

 

 

(e)

Subject to the preceding paragraphs, the procedure set out in these Orders shall apply as when the Opening Speech is delivered by the Governor.

 

 

______________

 

 

 

 

CHAPTER III

Election of President

 

 

 

 

16.

At the time for election of a President a Member, addressing the Clerk, shall propose another Member then present to the Council for their President, and move that such Member be President of the Council.

A Member
proposed as
President.

 

 

See Order No. 10.

 

 

 

 

17.

Such motion having been seconded, if no other Member is proposed as President, the Member so proposed, being called to the Chair without question put, shall submit to the House; and being again called upon shall be conducted by the Mover and Seconder to the Chair.

When unopposed,
such Member
conducted to
the Chair.

 

 

 

18.

In the event of there being two Members proposed and seconded for the office of President, the votes shall be taken by each Member of the Council then present delivering to the Clerk in writing the name of the Member whom the Member considers most fit and proper to be the President of the Council; and the Member obtaining the greater number of votes shall be declared elected, and conducted to the Chair as aforesaid.

When two
Members
proposed,
mode of voting.

 

 

 

19.

If more than two Members have been so proposed and seconded the votes shall be taken in like manner, and the Member having the greatest number of votes shall be the President, provided that the Member has also a majority of the votes of the Members present; but if no candidate has such majority the name of the Member who has the smallest number of votes shall be withdrawn, and the votes shall be taken for the remaining candidates in like manner until the number is reduced to two; and of such two the Member in like manner obtaining the greater number of votes shall be the President, and shall be conducted to the Chair in manner aforesaid.

When more than
two Members
proposed,
mode of voting.

 

 

 

20.

In the event of there being an equality of votes between candidates having the smaller number, or when the number of candidates is, or has been reduced to, two, the Clerk shall declare such to be the case, and the votes shall be again taken; when, if again there shall be an equality of votes, the Clerk shall determine by lot which name of such candidates shall be withdrawn, or which shall be deemed to have obtained the greater number of votes, as the case may be.

In case of tie.

 

 

 

21.

Prior to the President assuming the Chair, the Clerk shall act as Chairperson of the Council.

Clerk acts as Chairperson till President elected.

 

 

 

22.

The President having assumed the Chair, and having received and acknowledged the congratulations of the Council, the Council shall notify such election to the Governor, by a Deputation of the said Council, at such time as the Governor shall be pleased to appoint.

Election of
President to
be notified
to Governor.

 

 

 

23.

In presentation to the Governor, the President shall, in the name and on behalf of the Council, lay claim to the right of free access to and communication with the Governor, and that the most favourable construction may be placed upon all the proceedings of the Council; and, being returned to the Chamber, the President shall report the circumstances of the presentation, and the reply of the Governor to the Deputation.

President to
make certain
claims.

And report
to Council.

 

______________

 

 

 

 

CHAPTER IV

Absence of President and Vacancy
During Session - The Clerk

 

 

 

 

24.

Whenever the Council shall be informed by the Clerk at the Table of the unavoidable absence of the President, the Council shall choose some other Member who shall fill the office and perform the duties of President in relation to all proceedings of the Council as Deputy President until the next meeting of the Council, the question being put to the Council by the Clerk; and so on from day to day, on the like information being given to the Council, until the Council shall otherwise order: Provided that, if the Council shall adjourn for more than twenty-four hours, the Deputy President shall continue to perform the duties and exercise the authority of President for twenty-four hours only after such adjournment.

Unavoidable
absence of
the President.

 

 

 

25.

In case of the absence of the President in consequence of leave granted to the President by the Council, the Council shall, in like manner, choose some other Member to fill the office and perform the duties of the President as Deputy President, and such other Member shall have all the powers and authorities of the President during such absence.

Absence of
the President
on leave.

 

 

 

26.

When a vacancy occurs in the office of President during a Session, the Clerk shall report the same to the Council on its next meeting, and the Council shall forthwith proceed to the election of a new President in the manner hereinbefore provided.

President’s Office
vacated during
Session.

 

 

See Orders Nos. 16-23.

 

 

 

 

27.

In the case of the unavoidable absence or the illness of the Clerk, the Clerk’s duties shall be performed by the Deputy Clerk.

Absence of
Clerk.

 

______________

 

 

 

 

CHAPTER V

Members’ Roll - The Minutes

 

 

 

 

28.

A Members’ Roll shall be kept by the Clerk, showing the names of the Members elected, the date on which each Member was elected and takes the Oath or Affirmation, and the date of each Member’s ceasing to be a Member and the cause thereof. The name of each Member shall be written in the Member’s own handwriting on the said Roll, on the day on which such Member takes the Oath or Affirmation.

Members’ Roll
to be kept by Clerk.

Names inscribed
by Members.

 

 

 

29.

All proceedings in the Council and in Committee shall be noted by the Clerk, and, being printed by the Government Printer, shall be signed by the Clerk, and shall constitute the "Minutes of the Proceedings of the Legislative Council".

Minutes of
Proceedings.

 

 

 

30.

The Clerk shall keep a record of the names of all Members present during any part of each day’s proceedings, such record to be appended to each day’s Minutes.

Members present
to be recorded.

 

 

 

31.

The custody of all Documents and Papers belonging to the Council shall be in the Clerk who shall not permit any to be removed from the offices or produced in evidence without the express leave or order of the President or Council.

Custody of
documents
in the Clerk.

 

 

See also Orders Nos. 400, 444.

 

 

______________

 

 

 

 

CHAPTER VI

Attendance of Members and Leave of Absence

 

 

 

 

32.

Every Member shall attend the service of the Council, unless leave of absence be given to the Member by the Council.

Members to
attend the
service of the
Council.

 

 

See Constitution Act, section 17, regarding absence of Members for 12 consecutive sitting days without leave.

 

 

 

33.

Leave of absence may be given by the Council to any Member for any sufficient cause to be stated to the Council.

Leave of absence
may be given.

 

 

 

34.

Notice shall be given of a motion for giving leave of absence to any Member, stating the cause and period of absence.

Motion for leave
requires notice.

 

 

See (Priority on Notice Paper) Order No. 64.

 

 

 

 

35.

A Member shall be excused from service in the Council or on any Committee so long as the Member has leave of absence.

Leave excuses
from service.

 

 

 

36.

Any Member, having leave of absence, shall forfeit the same by attending the service of the Council before the expiration of such leave.

Leave
forfeited.

 

______________

 

 

 

 

CHAPTER VII

Call of the Council

 

 

 

 

37.

No order for a Call of the Council shall be made for any day earlier than seven days from the day on which such order shall have been made.

Call of Council
not earlier than
seven days.

 

 

 

38.

A notice of the order for a Call of the Council, signed by the Clerk, shall be forwarded to each Member of the Council.

Notice of call.

 

 

 

39.

For the purpose of enabling such notice to be given, Members shall, at the commencement of each Session, or so soon as they shall have taken their seats, enter their names and addresses in a book to be kept by the Clerk.

Members to give
their addresses.

 

 

 

40.

The order for calling over the Council on a future day shall be set down as the first Order of the Day for the day so appointed.

First Order
of the Day.

 

 

 

41.

When the Order of the Day for calling over the Council is read, unless the same be postponed or discharged, the names of the Members shall be called over by the Clerk alphabetically.

Order of
calling the
names.

 

 

 

42.

The names of all Members who do not answer when called shall be taken down by the Clerk, and subsequently called over a second time; when those who answer, or afterwards attend in their places on the same day, may be excused.

Members not present but subsequently
attending.

 

 

 

43.

Members not attending in their places on the day of a Call of the Council may be ordered to attend on a future day.

Members
ordered to
attend.

 

______________

 

 

 

 

CHAPTER VIII

Places of Members

 

 

 

 

44.

The seats nearest to the right hand of the President shall be reserved for Members holding office under the Crown.

Places reserved
for Ministers of
the Crown.

 

 

 

45.

Whenever a change of a Minister holding office under the Crown takes place, the outgoing Minister shall be entitled to take the seat vacated by the Minister’s successor.

Seat of
ex-Minister.

 

 

 

46.

Any question with regard to the seats to be occupied by new Members shall be determined by the President.

Of New Members.

 

 

 

47.

Members shall be entitled to retain the seats occupied by them at the time of their taking their seats for the first time after their election, so long as they may continue Members of the Council without re-election.

Tenure of seats.

 

______________

 

 

 

 

CHAPTER IX

Sitting and Adjournment of Council -
Want of Quorum

 

 

 

 

48.

The Council shall, unless otherwise ordered, meet for the dispatch of business on Tuesday, Wednesday, and Thursday in each week of the Session, at the hour of fifteen minutes past two o’clock in the afternoon.

Days of meeting.

 

 

 

49.

The bells shall be rung for five minutes prior to the time appointed for the meeting of the Council.

Bells rung for
five minutes.

 

 

 

50.

The President shall take the Chair at the time appointed for the meeting of the Council; and if a *Quorum be not present before the expiration of ten minutes after that time, the President shall declare the Council adjourned to the next sitting day.

President shall
take Chair.
Quorum not
present.

 

 

*By the Constitution Act, section 26, a quorum of the Council consists of at least 10 Members, including the President, or the person chosen to preside in the President’s absence.

 

 

 

51.

Upon the President taking the Chair each day, the President, or the President’s delegate, shall read the following Prayers:

Opening proceedings
with Prayers.

 

 

Almighty God, we humbly beseech Thee to vouchsafe Thy blessing upon this Parliament. We pray Thee to direct and prosper our deliberations to the advancement of Thy Glory and the true Welfare of the people of this State.

 

 

Our Father, which art in Heaven, Hallowed by Thy Name. Thy Kingdom come. Thy will be done in earth, as it is in Heaven. Give us this day our daily bread. And forgive us our trespasses, as we forgive them that trespass against us. And lead us not into temptation; but deliver us from evil: For thine is the Kingdom, and the power, and the glory, for ever and ever. Amen.

 

 

Whilst prayers are being read, Members shall stand in their places, the Bar being drawn.

 

 

 

 

52.

A Member, having entered the Chamber after the time appointed for the meeting of the Council, shall not be permitted to withdraw until a Quorum be made up or the Council adjourn.

Members
present to
remain.

 

 

 

53.

If it shall appear, on the report of a Division of the Council by the Tellers, or upon the report of the Chairperson of Committees, that a Quorum is not present, the President shall forthwith adjourn the Council to the next sitting day. No decision shall be considered to have been arrived at by such Division.

Tellers or
Chairperson
reporting want
of a quorum,
Council is adjourned.

 

 

See (in Committee) Orders Nos. 368, 369.

 

 

 

54.

If a Member shall, at any time after the commencement of business, take notice that a Quorum is not present, the President shall count the Council; whereupon, if a Quorum be not present, the bells shall be rung as for a Division, and if a quorum be not made up before the expiration of two minutes, the President shall then forthwith adjourn the Council to the next sitting day.

When want of
a quorum is
noticed, the
Council is
counted.

Adjournment.

 

 

See (Taking Notice) Order No. 182; (Divisions) Order No. 222.

 

 

 

55.

When the President so proceeds to count the Council, no Member shall leave the Chamber until a Quorum be made up or the Council adjourn.

Members present
to remain.

 

 

56.

Whenever the Council is adjourned for want of a Quorum, the hour of adjournment and the names of the Members then present shall be entered in the Minutes.

Names of Members
present recorded.

 

 

57.

Whenever the Council is adjourned for want of a Quorum to the next sitting day, and the same shall prove to be a public holiday proclaimed by the authority of the Government, then the Council shall stand adjourned to the next succeeding sitting day.

Provision when
next sitting day
a holiday.

 

 

 

58.

Except in the cases provided for in Orders Nos. 50, 53, 54 and 213, the Council can only be adjourned by its own resolution.

Council adjourns
by resolution,
exceptions.

 

 

 

59.

A motion "That the Council do now adjourn" may be made without notice at any time when no other Member is speaking or in possession of the House, and shall be moved and seconded without discussion and be immediately determined; but, if it be negatived, no such motion shall be again made within the next fifteen minutes, except by a Minister of the Crown.

Motion to
adjourn
Council.

If negatived.

 

This motion shall not be made or seconded during a debate by any Member who has already spoken in the debate, nor may the Mover of this Motion during the same debate either move it a second time or second it if moved by another Member; and similarly, a Seconder of this motion shall not subsequently move or again second it; but Members so moving or seconding shall not be held to have spoken in the debate.

Restrictions.

 

 

See (Possession of House) Order No. 166; and (Other Summary Motions) Orders Nos. 127, 195.

 

 

 

 

60.

If at half-past six of the clock the Council or a Committee of the Whole be sitting, the sitting of the Council or Committee shall be suspended for one hour, unless otherwise ordered: Provided that, if at the said time a Ballot or a Division shall have been ordered, the President, or the Chairperson of Committees, as the case may be, shall not leave the Chair until such Ballot or Division shall have been taken and any formal business immediately consequent thereon shall have been completed; after which it shall be in order on motion, without discussion or amendment -

Half-past
six o’clock
suspension
of sitting.

 

I.

To adjourn any question still pending, and any business remaining on the Notice Paper, to a future day; and

 

II.

To adjourn the Council,

 

but if any one of these motions be negatived, the sitting shall be forthwith suspended for one hour.

 

 

 

 

61.

A sitting of the Council may be temporarily suspended at any time on the motion of a Minister of the Crown.

Suspension
of sitting at
other times.

 

 

Order in Business, see Orders Nos. 67-78; Resumption of Business, see Orders Nos. 76, 77; and Suspension and Adjournment by President, see Order No. 213.

 

 

______________

 

 

 

 

CHAPTER X

The Notice Paper - Order in Business

The Notice Paper

 

 

 

 

62.

A Notice Paper showing all business of which Notice has been given or respecting which Order has been made by the Council, and the respective days for which such business is set, shall be prepared each sitting day by the Clerk, and, being signed by the Clerk, shall be printed and circulated amongst Members, and be appended to the Minutes.

Notice Paper.

 

 

 

63.

Standing Order repealed.

 

 

 

 

64.

Unless otherwise ordered, Government Business shall on Tuesdays and Thursdays be entitled to take precedence on the Notice Paper of all other business, and Private Business on Wednesdays to the like precedence of Government Business:

Precedence of
business on
certain days.

 

Provided that priority on the Notice Paper may, if so desired by the Member in charge, be given to Notices of Motion for the production or printing of Papers, for leave of absence to a Member, or for leave to introduce a Bill, and to Orders of the Day for the third reading of Bills; but if debate arise thereon the question shall either stand adjourned to a day to be fixed, or the determination thereof shall be postponed until the other business of the day has been disposed of, according as the Member in charge of the same may elect.

Priority of
unopposed
business.

 

 

See also (Private Business) Order No. 70.

 

 

 

 

65.

Notices of Motion shall, as a rule, have priority on the Notice Paper over Orders of the Day; but a Minister may arrange the order of Government Business as the Minister thinks fit.

Precedence of
Notices of Motion.
Government
Business.

 

 

 

66.

Subject to preceding Standing Orders, Notices shall be entered on the Notice Paper in the order in which they were delivered at the Table and Orders of the Day according to priority of appointment.

Order of Notices and Orders of
the Day.

 

 

Questions of Order or Privilege see Order No. 201.

 

 

 

Objections to President’s Ruling see Order No. 205.

 

 

 

 

 

ORDER IN BUSINESS

 

 

 

 

67.

The Council shall, unless it otherwise directs, proceed each day with its ordinary business in the following order -

1. Presentation of Petitions. 2. Replies to Questions on Notice. 3.  Tabling of Papers and Committee Reports. 4. Ministerial Statements. 5.  Asking Questions without Notice and giving Notices of Motion. 6.  The Business of the Day as set down on the Notice Paper.

Ordinary
routine of
business.

 

 

See also (Prayers) Order No. 51.

 

 

 

 

67a.

In addition to Ministerial Statements being made in accordance with Order No. 67, Ministerial Statements may be made at any other time, by leave of the Council.

Ministerial
Statements.

 

 

 

67b.

At the conclusion of the period for Questions without Notice on Wednesdays, Members may make statements on matters of interest. Up to seven Members may speak for a maximum of five minutes each. The President may order the Member to be seated if, in the opinion of the President, the Member infringes Standing Orders governing the rules of debate.

Matters of
Interest.

 

 

 

68.

When the Business of the Day is called on by the Clerk, any Member in charge of any Order of the Day which appears on the Notice Paper or which may have lapsed therefrom, may move, without notice, that such Order be postponed, discharged, or revived for a future day, as the case may be; but no discussion or amendment shall be allowed on such motions.

Orders of the Day
postponed,
discharged,
and revived
without notice.

 

 

See also (Notices of Motion) Orders Nos. 101, 120; (Orders of the Day) Orders Nos. 73, 155-157; (Bills) Order No. 281; and (Committees) Orders Nos. 372, 374.

 

 

 

 

69.

Unless otherwise ordered, the period for asking Questions without Notice and giving Notices of Motion may not exceed one hour. If, however, before the expiration of one hour, a Question is in the process of being answered, then that Question may be answered even though the period of one hour has expired.

Period for
Questions
without Notice
and giving
Notices of
Motion.

 

 

 

70.

The Business of the Day, when called on, shall, unless it be otherwise ordered, be proceeded with, and be disposed of in rotation, each Notice of Motion or Order being read by the Clerk at the Table: Provided that, on days on which Private Business has precedence, Government Business of the Day shall stand postponed to any Private Business which may have been previously interrupted and which the Council may order to be resumed.

Business of the
Day disposed
of without
interruption
except on
Wednesdays.

 

 

See (Precedence of Private Business) Order No. 64.

 

 

 

 

71.

Standing Order repealed.

 

 

 

 

72.

A Notice of Motion called on in its order and not moved shall lapse.

Notices called and not moved lapse.

 

 

See (Revival) Order No. 120.

 

 

 

73.

Orders of the Day which have been read and not moved or disposed of prior to the adjournment of the Council shall lapse; but they may be revived on Motion after notice, or as provided in Order No. 68.

Orders of the
Day read and
not disposed
of lapse.
Revival.

 

 

 

74.

If, at the adjournment of the Council, any Notices of Motion or Orders of the Day have not been called on or read, such Notices and Orders of the Day shall be set down on the Notice Paper for the next sitting day, at the end of the business already appointed for that day.

Business not
called on.

 

 

 

75.

If the Council adjourns over a day for which business has been appointed, such business shall be placed on the Notice Paper for the next sitting day, at the end of the business already appointed for that day, unless otherwise ordered.

Business set for day over which
Council adjourns.

 

 

 

76.

Whenever the business before the Council shall have been interrupted by the receipt of a Message from the Governor or the House of Assembly and by the consequent dealing therewith, or by the holding of a Conference, or by any proceeding other than the calling on of the Business of the Day, the said business shall, so soon as the cause of such interruption has been disposed of, the Council not being adjourned, be resumed at the point where it was so interrupted.

Resumption of
interrupted
business.

 

 

See Orders Nos. 242, 250, 254, 60, etc.; (in Committee) Orders Nos. 372-374; and (Orders of the Day) Order No. 71.

 

 

 

 

77.

Any business interrupted by adjournment of the Council may be ordered to be resumed at the point where it was so interrupted, on Motion after Notice, or as provided in Order No. 68.

Business
interrupted by
adjournment.

 

 

See (in Committee) Order No. 372.

 

 

 

 

78.

Any motion connected with the ordering of the business of the Council may be moved by a Minister of the Crown at any time without notice.

Liberty to
Minister to move.

 

 

Giving of Notices see Orders Nos. 98-106.

 

 

 

Questions to Members see Orders Nos. 107-113.

 

 

 

Debates on Matters of Urgency see Order No. 116.

 

 

 

Motions, etc. see Orders Nos. 114-120.

 

 

 

Orders of the Day see Orders Nos. 153-157.

 

 

 

Half-past Six O’clock Rule see Order No. 60.

 

 

 

Questions of Privilege and Order see Order No. 201.

 

 

 

Limit to Suspending Standing Orders see Order No. 460.

 

 

 

Unopposed Business see Order No. 64.

 

 

 

______________

 

 

 

 

CHAPTER XI

Petitions

 

 

 

 

79.

Every Petition shall be lodged with the Clerk at least two hours previously to the meeting of the Council at which it is proposed to present the same; and no Petition shall be presented to the Council unless it bears the Clerk’s certificate that it is in conformity with the Standing Orders.

Petition to be
lodged with and
certified by Clerk.

 

 

 

80.

No Petition shall be presented after the Council shall have proceeded to the giving of Notices, unless such Petition refer to the question before the Chair, when it may be presented at the time the Notice of Motion or Order of the Day is called on.

Time for
presenting.

 

 

See (Order in Business) Order No. 67.

 

 

 

 

81.

Every Petition shall be fairly written, and contain a prayer at the end thereof.

To be fairly
written, and to
contain a prayer.

 

 

See (Definition of "Written") Order No. 3.

 

 

 

82.

Every Petition shall be in the English language, or be accompanied by an English translation certified by the Member who presents it to be correct.

To be in English,
or accompanied by translation.

 

 

 

83.

Every Petition must be signed by at least one person at the foot thereof, and upon the same sheet or skin as that upon which the prayer has been inscribed.

To be signed at
foot on same
sheet as prayer.

 

 

 

84.

Every Petition shall be signed personally by the parties thereto, with their names and addresses, and shall not be signed by deputy, except under power of attorney or in cases of incapacity by sickness; and in all such instances the person actually signing shall affix their own name and address as well as those of the person for whom the person signs. Persons not knowing how to write shall affix their marks in the presence of a witness, who, shall, as such, affix their own name and address.

By whom to
be signed.

 

 

 

85.

Every signature shall be upon the sheets bearing, or attached to the Petition itself, and not be pasted thereon or otherwise transferred thereto.

Signatures
not to be
transferred.

 

 

 

86.

All Petitions shall be received only as the petitions of the parties signing the same.

As from persons
signing.

 

 

 

87.

Petitions of Corporations aggregate shall be under their common seal.

From Corporations.

 

 

 

88.

No letters, affidavits, or other documents shall be attached to any Petition, not being a Petition for a Private Bill.

No document to
be attached,
exception.

 

 

 

89.

Every Petition shall be decorous and temperate in its language, and not disrespectful to any branch of the Legislature.

Must be
respectful.

 

 

 

90.

Petitions can only be presented to the Council by a Member.

By whom presented.

 

 

 

91.

A Member cannot present a Petition on the Member’s behalf.

Not from Member
presenting.

 

 

 

92.

The name of a Member presenting a Petition shall be affixed at the beginning thereof, with the number of signatures.

Member to affix
name and number
of signatures.

 

 

 

93.

The Clerk shall make an announcement to the Council as to the Petitions lodged with the Clerk for presentation to the Council (except a Petition for a Private Bill or relating to a Private Bill before the Council), indicating in the case of each Petition, the Member who lodged it, the identity of the petitioners and the subject matter of the Petition. A Member may, however, present a Petition personally, indicating the identity of the petitioners, and the subject matter of the Petition before bringing it to the Table. No discussion on the subject matter of a Petition shall be allowed and every Petition so presented shall be deemed to have been received by the Council: Provided that in the case of a Petition complaining of some present personal grievance, for which there may be an urgent necessity for providing an immediate remedy, the matters contained in such Petition may be brought into discussion on the presentation thereof.

Clerk to announce particulars of
Petitions lodged.








Provision for
urgency.

 

 

 

94.

Standing Order repealed.

 

 

 

 

95.

Standing Order repealed.

 

 

 

 

96.

No Member shall move that a Petition be printed unless the Member shall state it to be their intention to make a motion upon the subject to which the Petition relates.

Motion for
printing.

 

 

See (Printing of Petitions) Orders Nos. 418-419.

 

 

 

 

97.

No Petition, the prayer of which is for a distinct grant of money, shall be received by the Council.

Not received
for grant of money.

 

______________

 

 

 

 

CHAPTER XII

Giving of Notices

 

 

 

 

98.

Notice of Motion shall be given at the time of giving Notices, unless otherwise provided, by a Member reading it aloud, and delivering at the Table a copy thereof fairly written, signed by the Member, and showing the day proposed for bringing on such motion.

Notice of
Motion,
how given.

 

 

See (Order in Business) Order No. 67; (Period for Questions without Notice giving Notices of Motion) Order No. 69; (On a previous day) Order No. 114; and (Exceptions as to time) Orders Nos. 310, 411, 419.

 

 

 

 

98a.

A Member may give Notice of Question by delivering a written copy of such Question to the Clerk not less than two hours before the time appointed for the meeting of the Council.

Notice of Question,
how given.

 

 

 

98b.

When Notice of Question is given pursuant to Order 98a, the Clerk shall place the same on the Notice Paper and shall show on the Notice Paper the day on which such Question was first printed.

When
entered on
Notice Paper.

 

 

 

98c.

The Answer to a Question on Notice pursuant to Order 98a shall be given by delivering the Answer in writing to the Clerk not less than two hours before the time appointed for the meeting of the Council on any day. After presentation of Petitions on each day, the President shall direct that a copy of such Answer be provided by the Clerk forthwith to the Member who asked the Question, the subject of the Answer. The President shall further direct that such Question and Answer be printed in Hansard as part of the proceedings of that day.

Answers to
Questions on
Notice.

 

 

 

99.

No Notice of a Question addressed to the President shall be given for entry on the Notice Paper.

Question to President
not entered.

 

 

 

100.

A Member may give notice for another Member not then present. The names of both Members must appear on the Notice.

Given for an
absent Member.

 

 

 

101.

A Member desiring to change the day for bringing on a Motion, may give fresh Notice for any day subsequent to that first named.

Postponement
of Motion.

 

 

 

102.

After a Notice has been given, the terms thereof may be altered by the Member reading aloud and delivering at the Table, at the usual time of giving Notices, an amended Notice, any day prior to that appointed for proceeding with the motion; but such amended Notice must not exceed the scope of the original Notice.

Terms altered.


Limitation.

 

 

 

103.

No Notice shall be received after the Council shall have proceeded to the Business of the Day.

Not received after
commencement
of Business of
the Day.

 

 

See (Business of the Day) Order No. 67.

 

 

 

104.

If any Notice contains unbecoming expressions, or offends against any Standing or other Order of the Council, the President shall amend the same or order that it be not printed; or it may be expunged from the Notice Paper by order of the Council.

If out of order,
amended,
or expunged.

 

 

 

105.

If a Notice of Motion be given which contains matter not relevant to each other, the President may instruct the Clerk to divide such Notice into two or more Notices.

If of irrelevant
matter, may be
divided.

 

 

 

106.

A Member may not give two Notices consecutively, if another Member has a Notice to give.

Giving more
than one
Notice.

 

______________

 

 

 

 

CHAPTER XIII

Questions to Members

 

 

 

 

107.

At the time of giving Notices, Questions may be put to a Minister of the Crown relating to public affairs; and to other Members, relating to any Bill, Motion, or other public matter connected with the business of the Council, in which such Members may be specially concerned.

Questions respecting
public business.

 

 

 

108.

Whenever a Question is answered after Notice, it shall be open to any Member to put further Questions arising out of and relevant to the answer given.

Members may
ask further Questions.

 

 

 

109.

In putting any Question, no argument, opinion or hypothetical case shall be offered, nor inference or imputation made, nor shall any facts be stated or quotations made including quotations from Hansard of the debates in the other House, except by leave of the Council and so far only as may be necessary to explain such question.

Not to involve
argument,
inference, etc.

 

 

 

110.

In answering any Question, a Member shall not debate the matter to which the same refers.

No debate allowed
in reply.

 

 

 

111.

A Minister of the Crown may, on the ground of public interest, decline to answer a Question; and may, for the same reason, give a reply to a Question which, when called on, is not asked.

Minister may
decline to
reply, and may
answer an unasked
Question.

 

 

112.

Standing Order repealed.

 

 

 

 

113.

Standing Order repealed.

 

 

 

Order in Business see Order No. 67.

 

 

 

Questions to President see Order No. 99.

 

 

______________

 

 

 

 

CHAPTER XIV

Motions - Questions from the Chair -
Amendments - Previous Question

Motions

 

 

 

 

114.

No substantive Motion shall, unless by leave of the Council, or in pursuance of these Orders, be moved except after Notice openly given at a previous sitting of the Council and duly entered on the Notice Paper.

No Motion to be
made without a
previous day’s
Notice.

 

 

See (Giving of Notices) Orders Nos. 98-106.

 

 

 

 

115.

In the absence of a Member who has given Notice of a Motion, the same may not, except by leave of the Council and at the request of such Member, be moved by another Member.

May not be moved
by another
Member except
by leave.

 

 

See also (Order of the Day) Order No. 156; (Reply) Order No. 177.

 

 

 

116.

A Debate on any definite matter of urgent public importance, the nature of which shall be stated in writing to the President - and of which urgency the rising in their places of three Members shall be sufficient evidence - may be allowed on a Motion, without notice, that the Council at its rising adjourn to some irregular day or hour, provided that it be moved after the giving of Notices and before the Business of the Day has been proceeded with.

Matters of
urgent public
importance.

 

Any such Motion shall be in lieu of Questions without Notice for that day and shall be limited to one hour’s duration unless otherwise ordered. Not more than one Motion under this Order shall be allowed during a sitting of the Council, nor may more than one such matter be raised upon the same motion.

Restrictions.

 

 

See (Order in Business) Order No. 67.

 

 

 

 

117.

No Motion under the next preceding Order, or otherwise, shall seek to anticipate Debate upon any matter which appears upon the Notice Paper.

Not to anticipate
business on the Paper.

 

 

See (Anticipating Debate) Order No. 185.

 

 

 

118.

A Motion for a Vote of Thanks of the Council may be moved, without notice, by a Minister of the Crown.

Vote of Thanks.

 

 

See also (Addresses) Order No. 235.

 

 

 

 

119.

A Motion, not being an Order of the Day, if not seconded, may not be further debated, and no entry thereof shall be made in the Minutes.

Motion not
seconded.

 

 

See (in Committee) Order No. 363; (Order of the Day) Order No. 154; and (Amendments) Order No. 133.

 

 

 

120.

A Motion which has lapsed, or has been withdrawn or superseded, or which has not been seconded, may be again made after notice.

Motions withdrawn,
etc. again
brought on.

 

 

See Orders Nos. 72, 123, 122, 119, and Nos. 140 and 152.

 

 

Same Question see Order No. 124.

 

 

Order in Business see Orders Nos. 67-78.

 

 

______________

 

 

 

Questions from the Chair

 

 

 

 

121.

When a motion has been made and seconded, a Question thereon shall be "proposed" to the Council by the President.

Question
proposed by
President.

 

 

 

122.

A Question is superseded -

How superseded.

 

I.

By adjournment of the Council;

 

 

II.

By the Previous Question being resolved in the affirmative;

 

 

III.

By amendment.

 

 

 

See (Revival) Orders Nos. 73, 77, 145, 120.

 

 

 

 

123.

A motion shall, after a Question has been proposed thereon, be deemed to be in possession of the House, but, by leave of the Council, it may be withdrawn by the mover, provided that, if an amendment has been moved thereto, such amendment has been first disposed of.

How
withdrawn.

 

 

See (Revival) Order No. 120; and (Amendment) Order No. 140.

 

 

 

 

124.

No Question shall be proposed which is the same in substance as any question or amendment which during the same Session has been resolved in the affirmative or negative, unless the resolution of the Council on such question or amendment shall have been first read and rescinded. This Standing Order shall not be suspended.

Same Question.

Order not to be
suspended.

 

 

See (Amendment) Order No. 139; (Bills) Orders Nos. 281, 282, 295, 300; (Instructions) Order No. 425, and (Rescinding of Resolutions) Order No. 159.

 

 

 

 

125.

The President may divide a complicated Question if the President thinks fit.

Complicated
Questions.

 

 

 

126.

So soon as the debate upon a Question is concluded, the President shall "put" the Question to the Council.

Question
when put.

 

 

See (Debate Closed) Order No. 178.

 

 

 

 

127.

A motion "That the Question be now put" may be made without notice at any time during a debate by a Member who has not already spoken in the debate, if so made as not to interrupt a Member speaking, and shall be moved and seconded without discussion and be immediately determined; but if it be negatived, no such motion shall be again made within the next fifteen minutes, except by the Member in charge of the Bill or other matter which is in question.

Closure.



If negatived.

 

The mover of this motion cannot during the same debate either move it a second time or second it if moved by another Member; and similarly, a seconder of this motion shall not subsequently move or again second it; but Members so moving and seconding shall not be held to have spoken in the debate.

Restrictions.

 

 

See (Other Summary Motions) Orders Nos. 59, 195.

 

 

 

 

128.

If the Motion "That the Question be now put" be carried, the Council shall without further debate or amendment, vote on the question immediately before it, and, subject to the discretion of the President, on any other question already proposed from the Chair and still pending; but if such motion be negatived, the debate on the question shall be resumed.

If closure carried,
Question put.

Pending Question.

 

 

 

129.

A Question when put shall, except as provided in Orders Nos. 159 and 457, be resolved in the affirmative or negative by the majority of voices "Aye" or "No".

Determined
by majority
of voices.

 

The President shall state whether, in the President’s opinion, the "Ayes" or the "Noes" have it; and if the President’s opinion be not acquiesced in, a Division may be called for by one of the minority.

President gives
opinion on voices.
Call for Division.

 

 

Divisions see Orders Nos. 219-232.

 

 

Previous Question see Orders Nos. 144-152.

 

 

______________

 

 

 

Amendments to Questions

 

 

 

 

130.

A Question having been proposed may be amended -

Different
forms of
Amendments.

 

I.

By leaving out certain words;

 

II.

By leaving out certain words in order to insert or add other words;

 

III.

By inserting or adding words.

 

 

 

See (Exception) Order No. 147.

 

 

 

 

131.

Every Amendment must be in writing and signed by the mover.

Must be in
writing and
signed.

 

 

 

132.

Every Amendment must be relevant to the question to which it is moved.

Must be relevant.

 

 

See (in Bills) Orders Nos. 287, 293, 328, 329, (Instructions) Order No. 422.

 

 

 

133.

An Amendment moved but not seconded, shall not be further proceeded with, nor shall it be entered in the Minutes.

Must be seconded.

 

 

See (Exception) Order No. 363.

 

 

 

134.

When the proposed Amendment is to leave out certain words, the President shall put a question, "That the words proposed to be left out stand part of the question."

To leave out words.

 

 

 

135.

When the proposed Amendment is to leave out certain words in order to insert or add other words, the President shall first put a question, "That the words proposed to be left out stand part of the question", which, if resolved in the affirmative, shall dispose of the Amendment; but if in the negative, another question shall be put, "That the words of the Amendment be inserted (or added) in lieu of the words left out." No Amendment to the words proposed to be inserted or added can be entertained until the amendment to leave out certain words has been determined.

To leave out
words, and
insert or add
others.



Restriction.

 

 

 

136.

When the proposed Amendment is to insert or add certain words, the President shall put a question, "That the words proposed to be inserted (or added) be so inserted (or added)".

To insert or
add words.

 

 

 

137.

No Amendment shall be proposed to any prior part of a question after an Amendment has been made or has been proposed from the chair to a later part, unless such last-named Amendment has been, by leave of the Council, withdrawn.

Not admissible
when later part
of a question
amended.

 

 

 

138.

No Amendment shall be proposed to be made to any words which the Council has resolved shall stand part of the question or which have been inserted in or added to a question, except it be the addition of other words thereto.

Nor to words
already
agreed to.
Exception.

 

 

 

139.

No Amendment shall be proposed which is the same in substance as any Question or Amendment which during the same Session has been resolved in the affirmative or negative unless the resolution of the Council on such Question or Amendment shall have been first read and rescinded. This Standing Order shall not be suspended.

Same Amendment.

 

 

 

140.

A proposed Amendment may, by leave of the Council, be withdrawn by the Mover; and may be again moved.

How withdrawn.

 

 

 

141.

Amendments may be proposed to a proposed Amendment, as if such proposed Amendment were a main question.

To proposed
Amendments.

 

 

See (Exception) Order No. 287.

 

 

 

 

142.

When Amendments have been made, the main question, as amended, shall be put.

Question, when
Amendments made.

 

 

 

143.

When Amendments have been proposed but not made, the question shall be put as originally proposed.

Question, when
Amendments
not made.

 

 

To Bills see Orders Nos. 324, sqq.; (in Committee) Orders Nos. 293, sqq., and (Instructions) Orders Nos. 422-425.

 

______________

 

 

 

Previous Question

 

 

 

 

144.

The Previous Question may be moved without notice, and shall be put in the form "That the original question (or the original question as amended) be not now put."

Form of
Previous
Question.

 

 

 

145.

If it be resolved in the affirmative, the Council shall proceed to the next business on the Notice Paper; but the original motion may be revived on Motion after Notice, or as provided in Order No. 68.

If affirmed.
Revival of
original motion.

 

 

 

146.

If it be resolved in the negative, the original question, amended or otherwise, shall be put forthwith without any further amendment or debate.

If negatived.

 

 

 

147.

The Previous Question cannot be moved upon an amendment, nor can it be itself amended.

Not moved on
amendments, etc.

 

 

 

148.

The Previous Question cannot be moved after an amendment to the original question has been proposed from the Chair, until such amendment has been disposed of; nor can any such amendment be moved after the Previous Question has been proposed from the Chair, unless the Previous Question be first withdrawn.

Relation to amendments.

 

 

 

149.

The Previous Question cannot be moved or debated by a Member who has already spoken in the debate.

Not moved by
Member who
has spoken.

 

 

 

150.

Whenever the Previous Question shall be moved upon any question consisting of a series of propositions which have been brought under discussion or debate as one motion, with the understanding that the question be put on such propositions seriatim, the decision of the Previous Question, before putting the question on the first of such propositions, shall be taken and held to be conclusive, whether in the affirmative or negative, as regards the whole of such propositions.

With regard to
series of
propositions.

 

 

 

151.

In debating the Previous Question, Members may debate the original question, whether amended or not, and the whole debate is open to adjournment.

Relation to debate.
Adjournment.

 

 

 

152.

The Previous Question may, be leave of the Council, be withdrawn by the Mover; and may be again moved during the same debate.

May be withdrawn
and again moved.

 

 

Rule in Committee see Order No. 365.

 

 

 

No Reply see Order No. 176. How superseded see Order No. 122(I).

 

 

______________

 

 

 

 

CHAPTER XV

Orders of the Day

 

 

 

 

153.

An Order of the Day is a Bill or other matter which the House has ordered to be taken into consideration on a particular day.

Order of the
Day defined.

 

 

 

154.

An Order of the Day does not require a seconder.

Need not
be seconded.

 

 

See Order No. 119.

 

 

 

155.

An Order of the Day may, on the motion of the Member in charge thereof, be discharged on being read or after it has been debated, or as provided in Order No. 68.

How discharged.

 

 

 

156.

In the absence of the Member in charge thereof an Order of the Day may be moved or postponed by any other Member, but may not be discharged except on Motion after Notice.

In absence of
Member in charge.

 

 

 

157.

When postponing an Order of the Day it shall not be competent to propose, by way of amendment, a time beyond the probable duration of the Session, except after Notice.

Restriction on
period of
postponement.

 

 

See also (Adjournment of Debate) Order No. 196.

 

 

 

Order on Notice Paper and Order in Business see Orders Nos. 64-66 and 67-78.

 

 

 

Revival, when not read or lapsed see Orders Nos. 73, 74.

 

 

 

Postponement and Revival at Commencement of Business see Order No. 68.

 

 

______________

 

 

 

 

CHAPTER XVI

Resolutions and Orders

 

 

 

 

158.

By Resolution the Council declares its opinions and purposes; and by Orders it directs its Committees, Members, and Officers, and other persons, and the order of its own proceedings.

Definition.

 

 

See (Instructions) Orders Nos. 421-428.

 

 

 

 

159.

A Resolution of the Council may be read and rescinded; but no such Resolution may be rescinded during the same Session, except with the concurrence of an absolute majority of the whole number of Members of the Council upon Motion after at least seven days’ Notice: Provided that to correct irregularities or mistakes one day’s Notice only shall be sufficient.

Resolution
rescinded.

 

 

 

160.

An Order of the Council may be read and discharged, or the proceedings thereon may be declared to be null and void, on Motion after Notice.

Order
discharged.

 

 

Orders of the Day see Orders Nos. 153-157.

 

 

______________

 

 

 

 

CHAPTER XVII

Conduct of Members and Order in Debate

Conduct in House

 

 

 

 

161.

Whenever the President rises during a debate, any Member then speaking or offering to speak shall sit down, and the Council shall be silent, so that the President may be heard without interruption.

When the
President rises.

 

 

 

162.

When the President is putting a question, no Member shall walk out of or across the Chamber.

Or puts a
question.

 

 

 

163.

Members shall be uncovered when entering or leaving the Chamber, or moving to any other part of the Chamber during a debate; and shall make obeisance to the Chair on so entering or leaving the Chamber.

When Members
enter or leave
Chamber.

 

 

See also (Message from Governor) Order No. 243.

 

 

 

 

164.

No Member shall pass between the President and the Member who is speaking.

When passing
about the Chamber.

 

 

 

165.

Members shall take their places when they come into the Chamber, and shall not at any time stand in any of the passages or gangways when attention is called thereto by the President.

Members to
take their places.

 

 

See (Places) Orders Nos. 44-47.

 

 

______________

 

 

 

Order in Debate

Right of Speech

 

 

 

 

166.

Whenever a Notice of Motion is called on, or an Order of the Day is read, the Member in charge of the business in question, or entitled to preaudience thereon, shall be held to be in possession of the House, if the Member desires to speak.

Right of Member
to speak when
Member’s business
called on.

 

 

See also Orders Nos. 59 and 182; and (Preaudience) Orders Nos. 197, 198.

 

 

 

 

167.

Every Member desiring to speak shall rise uncovered, in their place or in the place of some other Member who does not object thereto, and address the President; and may advance to the Table for the purpose of continuing the address.

Place whence
Members may
speak.
To address
President.

 

 

See (Places) Orders Nos. 44-47.

 

 

 

168.

By the indulgence of the Council, a Member unable conveniently to stand, by reason of sickness or infirmity, may speak sitting and uncovered.

Indulgence to
Members unable
to stand.

 

 

 

169.

If two or more Members rise to speak at the same time, the President shall name the Member whom the President first saw rising to speak; which Member shall be entitled to preaudience.

President names
a Member to
be heard.

 

 

 

170.

Speeches must not be read, but Members may refer to notes.

Speeches not
to be read.

 

 

 

171.

A Member may only speak -

When Member
may speak.

 

 

Upon a Motion or Amendment to be moved or seconded by the Member:

 

 

Upon a Question from the Chair:

 

 

 

Upon a Question of Order:

 

 

 

Upon a Question of Privilege.

 

 

 

 

172.

If a Member, having risen and being called upon by the President, fails to begin (or to proceed) speaking, the President may direct such Member to be seated, and may call upon some other Member.

Member rising,
but not speaking.

 

 

 

173.

By the indulgence of the Council, a Member may explain matters of a personal nature although there be no question before the Council; but such matters may not be debated.

Personal
explanation
when no debate.

 

 

 

174.

No Member may speak more than once during a debate, except in explanation or reply or to a point of Order or Privilege suddenly arising:

Member not
to speak twice
in same debate.

 

 

Provided that when a lapsed Bill has been restored to the Notice Paper pursuant to section 57 of the Constitution Act 1934, as amended from time to time, and the debate on any motion relating to that Bill has been resumed, any Minister or other Member who had spoken on that motion before the restoration of the Bill, shall have the same rights to speak in the debate after such restoration, as if the Minister or other Member had not spoken before such restoration.

Exceptions.

 

 

 

See (other Exceptions) Orders Nos. 175, 176, 200.

 

 

 

 

175.

A Member who has spoken may again be heard, to explain in regard to some material part of the speech on which the Member has been misquoted or misunderstood, but shall not introduce any new matter or interrupt any Member in possession of the Chair.

Explanation.

 

 

 

176.

Reply shall be allowed to a Member who has made a substantive Motion, but not to any Member who has moved an amendment, the Previous Question or an Instruction to a Committee.

Reply.

 

 

 

177.

Where a Member has, by leave of the Council, moved a Motion, Notice of which was given by another Member, the right of Reply shall belong to the former, but may be waived by that Member in favour of the other Member.

Reply where
Motion
moved by
one Member
for another.

 

 

See Order No. 115.

 

 

 

178.

The Reply of the Mover of the original Motion closes the debate.

Reply closes
debate.

 

 

 

179.

It shall be competent to a Member when seconding a Motion or amendment without speaking to it, to address the Council on the subject of such Motion or amendment at some subsequent period of the debate.

Seconder of
Motion may
reserve speech.

 

 

 

180.

Upon a Motion for the printing of a Paper, made by a Minister of the Crown without notice when laying the same on the Table, no discussion shall arise unless the Motion has been moved for the purpose of making a Ministerial statement.

Motion without
Notice to print
Paper not debated,
unless covering
Ministerial
Statement.

 

 

See also Orders Nos. 450, 418, 419; and (Printing) Order No. 451.

 

 

 

181.

No Members shall converse aloud or make repeated interjections or other disturbance whilst any other Member is orderly debating, or whilst any Bill, Order, or other matter is being read or opened.

Loud
conversation
or repeated
interjections
not allowed.

 

 

See (When President rises) Order No. 161.

 

 

 

182.

No Member shall interrupt another Member whilst speaking, unless (I.) the words of the Member speaking be taken down: (II.) to call attention to a point of Order or Privilege suddenly arising: or (III.) to call attention to the want of a Quorum..

Member not to
be interrupted.

Exceptions.

 

 

See (Exceptions) Orders Nos. 207, 200, 54.

 

 

 

 

183.

No Member may speak to any Question after the same has been put by the President and the voices have been given in the affirmative and negative thereon.

No Member to
speak after
Question put.

 

 

See (Questions put) Orders Nos. 126, 129.

 

 

 

 

184.

Every Member may of right require the original Question, or any Amendment proposed thereto, to be read by the Clerk for the Member’s information at any time during a debate, but not so as to interrupt a Member speaking.

Question read
by Clerk.

 

 

 

 

Matter of Speech

 

 

 

 

185.

No Member shall digress from the subject matter of the Question under discussion, or anticipate debate on any matter which appears on the Notice Paper.

Members not
to digress or
anticipate.

 

 

See (Anticipatory Motions) Order No. 117; and (in Committee) Orders Nos. 299, 366.

 

 

 

 

186.

The President may call attention to the conduct of a Member who persists in continued irrelevance, prolixity, or tedious repetition, and may direct such Member to discontinue speaking and to be seated. The Member so directed shall not be again heard during the same debate.

Irrelevance,
prolixity,
or tedious
repetition.

 

 

See (in Committee) Order No. 367.

 

 

 

 

187.

No Member shall allude to any debate of the same Session upon a Question or Bill not being then under discussion nor to any speech made in Committee, except by the indulgence of the Council for personal explanation.

Debates of same
Session and
Committee
speeches not
to be alluded to.

 

 

 

188.

No Member shall quote from any debate of the current Session in the other House of Parliament or comment on any measure pending therein unless such quotation be relevant to the matter then under discussion.

Quotation from,
and comment
on, debate in
the other House.

 

 

 

189.

No Member shall read extracts from newspapers or other documents, referring to debates in the Council during the same Session, excepting Hansard.

Extracts referring to debates not
to be read,
except Hansard.

 

 

 

190.

No reference shall be made to any proceedings of a Committee of the whole Council or of a Select Committee, until such proceedings have been reported.

Proceedings
of Committees
not to be noticed
till reported.

 

 

 

191.

No Member shall use the Sovereign’s name or the name of the Governor irreverently or to influence a debate.

Use of the
Sovereign’s or
Governor’s name.

 

 

 

192.

No Member shall reflect upon any vote of the Council or upon any Statute, except upon a Motion for rescinding or repealing the same.

Reflections
on votes or
Statutes.

 

 

 

193.

The use of objectionable or offensive words shall be considered highly disorderly; and no injurious reflections shall be permitted upon the Governor or the Parliament of this State, or of the Commonwealth, or any Member thereof, nor upon any of the Judges or Courts of Law, unless it be upon a specific charge on a substantive Motion after Notice.

Objectionable
words and
injurious
reflections.

 

 

See also (Disorder, etc.) Orders Nos. 208-218; (Objection taken) Order No. 207; and (in Committee) Order No. 359.

 

 

 

On Presenting Petitions, Papers, and Reports, see Orders Nos. 95; 180, 419, 450, 451: 13, 306, 310, 376, 410.

 

 

 

On Urgent Public Matter see Order No. 116.

 

 

 

On Previous Question see Orders Nos. 149, 151.

 

 

 

On Privilege and Order see Orders Nos. 200, 201.

 

 

 

On Suspending Standing Orders see Order No. 458.

 

 

 

Paper Quoted in Debate see Order No. 452.

 

 

 

Closure and Adjournment see Orders Nos. 127, 128; 59; 195-197.

 

 

 

Adjournment of Debate

 

 

 

 

194.

A Debate may be adjourned either to a later hour of the same day or to any other sitting day.

Adjournment
of debate.

 

 

 

195.

A Motion - "That this Debate be now adjourned" - may be moved without Notice at any time during a debate by a Member who has not already spoken in the debate, if so made as not to interrupt a Member speaking, and shall be moved and seconded without discussion, and be immediately determined; but if negatived, no such Motion shall be again entertained within the next fifteen minutes, unless moved by the Member in charge of the Bill or other matter which is in debate.

Members moving or seconding this Motion shall not be held to have spoken in the debate.

Motion for
adjournment
of debate.


If negatived.

 

 

See (Other Summary Motions) Orders Nos. 59, 127.

 

 

 

 

196.

Upon a Debate being adjourned, a Motion shall be made to appoint a time for its resumption, the debate whereupon shall be strictly limited to the choice of date; nor shall a day beyond the probable duration of the Session be proposed by way of amendment thereto except after Notice.

Time fixed for
resumption.

Limit to debate
and to date.

 

 

See also (Orders of the Day) Order No. 157.

 

 

 

 

197.

It is not competent for a Member to move, while speaking to a Question, the adjournment of the Debate; but at the unanimous pleasure of the Council leave may be obtained for the Member’s speech to be concluded at a future time, and the Debate shall be thereby adjourned.

Adjournment
of debate whilst
speaking to
Question.

 

 

 

198.

The Member, upon whose Motion any Debate shall be adjourned, shall be entitled to preaudience on the resumption of the Debate; but a Member who is granted leave to continue speaking and fails so to continue immediately on resumption of the Debate, shall not speak again at any subsequent stage of the debate.

Preaudience.

 

 

See also Order No. 166.

 

 

 

Resumption of Interrupted Business, see Orders Nos. 71, 76, 77, 128, 372-374.

 

 

 

 

 

 Order and Privilege

 

 

 

 

199.

Order shall be maintained in the Council by the President.

Order
maintained
by President.

 

 

See (in Committee) Order No. 357.

 

 

 

200.

Members may rise at any time to speak "to Order" or upon a matter of Privilege suddenly arising, except that while the Council is dividing, a Member can only speak to a point of Order by permission of the President and while covered and seated.

Speaking
"to Order"
or Privilege.
During Division.

 

 

 

201.

All Questions of Order or Privilege shall temporarily suspend the consideration and decision of every other Question; but an adjourned debate on such Questions shall not be entitled to precedence unless so ordered.

Precedence
to Question
of Order or
Privilege.

 

 

 

202.

All Questions of Privilege, except a Question arising out of the relations between the two Houses of Parliament, shall be at once referred without debate to a Committee of Privilege for inquiry and report, if a Minister of the Crown so claims or the Council so resolves; and on the report of the Committee being received, the Council may take such action as shall appear expedient.

Questions
of Privilege
referred to Committee.

 

 

 

203.

Any Member, complaining to the Council of a statement in a newspaper as a Breach of Privilege, shall produce a copy of the paper containing the statement in question, and be prepared to give the name of the printer or publisher.

Complaint
against
Newspapers.

 

 

 

204.

Upon a Point of Order being raised, the Member called to Order shall be seated, and after the Question of Order has been stated to the President by the Member rising thereto, the President shall give a ruling or decision thereon.

Proceedings
on Question
of Order.

 

 

 

205.

If any objection be taken to a ruling or decision of the President, such objection shall, except during a Division, be taken at once and not otherwise; and having been stated in writing, a Motion shall be made, which, if seconded, shall be proposed to the Council and debate thereon shall stand adjourned and be the first Order of the Day for the next sitting day, unless the Council decides that the matter requires immediate determination.

Objection to
ruling of the
President.

 

 

See (Chairperson) Order No. 360.

 

 

 

 

206.

If any question arise on any Point of Order during a Division, the President shall decide it, and no exception shall be taken to such decision until the Division is concluded.

Decision on
Point of Order during Division.

 

 

See also Order No. 200.

 

 

 

 

207.

When any Member objects to words used in debate, and stating them, desires that they should be taken down, the President, if it appears to be the pleasure of the Council, shall direct them to be taken down by the Clerk accordingly.

Objectionable
words
taken down.

 

Every such objection must be taken at the time when such words are used, and shall not be afterwards entertained.

Objection to
be taken at once.

 

 

See also Order No. 193 and (in Committee) Order No. 359.

 

 

 

Rules as to Disorder, etc., see Orders Nos. 208-218.

 

 

 

Strangers see Orders Nos. 445-447.

 

 

______________

 

 

 

 

CHAPTER XVIII

Disorder - Suspension - Arrest

 

 

 

 

208.

If any Member persistently and wilfully -

Disorderly
conduct stated.

 

(a)

obstructs the business of the Council; or

 

(b)

refuses to conform to any Standing or other Order of the Council, or to regard the authority of the Chair,

 

 

or if any Member, having used objectionable words, refuses either to explain the same to the satisfaction of the President, or to withdraw them and apologise for their use; the President shall name such Member and report the offence to the Council.


Procedure.

 

 

See (Conduct of Members and Order in Debate) Orders Nos. 161-207.

 

 

 

 

209.

The President shall similarly report to the Council any Member whom the Chairperson of Committees shall have reported as having committed any of the foregoing offences in a Committee of the whole Council.

If occurring in Committee.

 

 

See (in Committee) Orders Nos. 357-359.

 

 

 

 

210.

When any Member shall be so reported by the President, a Motion may forthwith be made - "That such Member be suspended from the service of the Council" - and such Motion shall be moved and seconded without discussion and be immediately determined.

Suspension.

 

 

 

211.

If a Member be suspended, the Suspension shall, unless otherwise ordered, be on the first occasion for the remainder of that day’s sitting; on the second occasion of the same Session, for one week; and on the third or any subsequent occasion of the same Session, for one month.

Period of
suspension.

 

 

 

212.

A Member who has been suspended shall immediately withdraw from the precincts of the Council, and shall not presume to re-enter the Chamber during the period of the suspension. Black Rod shall act upon such orders as may be received from the Chair in pursuance of this Order.

Member
suspended to
withdraw from
precincts.
Black Rod.

 

 

 

213.

In cases of very grave disorder the President may, if the President thinks it necessary so to do, adjourn the Council without question put, or suspend the sitting for a time to be named by the President.

Power to President
to adjourn Council
or suspend sitting.

 

 

214.

Whenever a Charge is made against a Member upon any matter which has been reported from a Committee or has otherwise arisen, the Charge must be raised upon a substantive Motion after Notice, and shall be stated before the Member accused shall withdraw. Such Member shall then be allowed the opportunity of explaining to the Council the motives of the conduct in the matter alleged against the Member; after which the Member shall withdraw, and the Council shall at once take the case into consideration.

When Charge
made against
a Member.

 

 

See (Charge in Select Committee) Order No. 399; and (Objectionable Words and Charges against Persons) Order No. 193.

 

 

 

 

215.

If any Member shall wilfully disobey any Order of the Council, the Member may be ordered to attend in the Member’s place, or, if the Member be under suspension, at the Bar, to answer for the conduct; and, in default, or if the Member’s excuses be deemed unsatisfactory, the Member may be suspended or otherwise dealt with, at the pleasure of the Council.

When Orders
of Council
disobeyed.

 

 

 

216.

Black Rod shall, on being directed by the President, deliver into custody any Stranger whom the President may see, or who may be reported to the President to be in any part of the Chamber appropriated to the Members of the Council; and also, any Stranger who, having been admitted into any other part of the Chamber or Gallery, shall display improper conduct or shall not withdraw when Strangers are ordered to withdraw, or who shall obstruct the approaches to the Chamber or occasion a disturbance within the precincts thereof.

Arrest of
Strangers in
the Chamber
or Gallery.

 

 

 

217.

If a Member or other person be ordered into custody, the arrest shall be reported to the Council by the President without delay; and a time shall be fixed for such Member or other person to be brought to the Bar to be censured, fined, committed, or otherwise dealt with by the Council. The Member or person so committed shall remain in custody for the period directed, unless sooner discharged by order of the Council, or the fine be paid, or the Session of Parliament be concluded.

Arrests to be reported and
time fixed
for further
procedure.

Period of
custody.

 

 

 

218.

The Council shall interfere to prevent the prosecution of any quarrel between Members arising out of debates or proceedings of the Council or any Committee thereof.

Council will not
permit quarrels.

 

 

Witnesses, see Order No. 432.

 

 

______________

 

 

 

 

CHAPTER XIX

Divisions

 

 

 

 

219.

The Council shall not proceed to a Division if only one voice has been given for the Ayes or for the Noes.

If only one voice
on either side,
no Division.

 

 

 

See Call for Division Order No. 129.

 

 

 

220.

A Member calling for a Division shall not leave the Chamber until the Division is concluded, and shall vote with those whose voices, in the opinion of the President, were in the minority.

Member calling
must vote with
minority of voices.

 

 

See Order No. 129.

 

 

 

 

221.

A call for a Division may, by leave of the Council, be withdrawn, at any time before the Tellers are appointed, and the Division shall not be proceeded with.

Call may be
withdrawn.

 

 

 

222.

Before the Division is proceeded with, the Clerk shall ring the Division bells, and turn a two-minute sand-glass kept on the Table for that purpose, and, so soon after the lapse of two minutes as the President shall direct, the doors shall be closed and locked, and so remain until the Division is concluded, so that no Member may enter or leave the Chamber.

Bells rung, and
sand-glass turned.

Doors locked after
two minutes.

 

 

 

223.

When the doors have been locked and the Bar drawn, and all the Members are in their places, the President shall again put the question to the Council, and direct the "Ayes" to proceed to the right side of the Chair, and the "Noes" to the left side, and shall appoint one Teller for each party.

Question put
and Members
divide to
right and left.

 

 

 

224.

Every Member, except the President, present within the Bar when the Question is so put, and qualified to vote, shall be required to vote.

All present,
except the
President,
must vote.

 

 

See also (in Select Committee) Order No. 394.

 

 

 

225.

No Member shall be entitled to vote upon any question in which the Member has a direct pecuniary interest not held in common with the rest of the subjects of the Crown, and the vote of any Member so interested may, on Motion, be disallowed by the Council; but this Order shall not apply to Motions or Public Bills which involve questions of State policy.

Pecuniary
interest.

Vote disallowed.

Exception.

 

 

See (in Committee of the Whole) Order No. 362; and (Select Committee) Order No. 379.

 

 

 

 

226.

No Member shall be entitled to vote unless the Member was present within the Bar when the Question was put with the doors locked, and the vote of any Member not so present shall be disallowed by the President.

No Member to vote unless
present when
the Question
is put.

 

 

 

227.

Members having taken their sides, every Member shall then be counted and the Member’s name taken down by the Teller for the respective side, who shall sign the list and present the same to the President, who will declare the result to the Council.

Members counted,
and names
taken down.

 

 

 

228.

If there shall be only a single Member on one of the sides, the Division shall not further proceed; and the President shall declare for the "Ayes" or "Noes" as the case may be.

If only one
Member on
one side.

 

 

 

229.

In the case of confusion or error concerning the names or the numbers reported, unless the same can be otherwise corrected, the Council shall proceed to another Division.

In case of error
Council again
to divide.

 

 

 

230.

If it shall afterwards appear that the names or numbers have been inaccurately recorded, the President shall order the Minutes to be corrected.

Mistakes corrected
in Minutes.

 

 

 

231.

In the case of an equality of votes, the President shall give a *Casting Voice, and any reason given by the President shall be entered in the Minutes.

President gives casting voice.

 

Where the casting voice of the President has not been exercised, the concurrence or non-concurrence in the passing of the second or third reading of any Bill may be indicated by the President.

 

 

 

*See Constitution Act, Sec.26.

 

 

 

See (in Committees) Orders Nos. 361, 389 and Joint Standing Order No. 6.

 

 

 

 

232.

The Division lists shall be entered by the Clerk in the Minutes.

Lists entered
in Minutes.

 

 

Speaking to Order during Division see Order No. 200.

 

 

President’s Ruling during Division see Order No. 206.

 

 

 

Divisions not to be interrupted see Orders Nos. 60, 69.

 

 

______________

 

 

 

 

CHAPTER XX

The Ballot

 

 

 

 

233.

Before the Council proceeds to Ballot, the bells shall be rung for two minutes as for a Division.

Bells first rung.

 

 

See Order No. 222.

 

 

 

 

234.

The Ballot shall be taken in the following manner:-

A list of the Members, initialled by the Clerk, shall be handed to each Member present, who shall strike out thereon the names of so many Members as are required to be elected whom the Member may think fit and proper to be chosen; and when all the lists are collected, the Clerk, together with two Members to be named by the President, shall ascertain and report to the President the names of the required number of Members having the greatest number of votes; which Members shall be declared to be duly elected. In case of a tie between two or more Members, the President shall determine by lot which shall be chosen. If any list contains a larger or lesser number of names than is required it shall be void and rejected.

Ballot,
how taken.

 

 

Voting for President see Orders Nos. 18-20.

 

 

 

Ballots not to be interrupted see Orders Nos. 60, 69.

 

 

______________

 

 

 

 

CHAPTER XXI

Addresses

 

 

 

 

235.

Addresses to the Sovereign, to either House of the Imperial or the Commonwealth Parliament, or to the Governor, shall be proposed on Motion after Notice, except in cases of urgency, and when agreed to shall be signed by the President.

Address to the
Sovereign,
Imperial or
Commonwealth
Parliament,
and Governor.

 

 

 

236.

Addresses of congratulation and of condolence to Members of the Royal Family, and to other persons, shall be proposed and signed in a similar manner.

To Members of
Royal Family
and others.

 

 

 

237.

Addresses to the Sovereign, or any Members of the Royal Family, and to other persons, shall be transmitted to the Governor by the President, requesting the Governor to cause the same to be forwarded for presentation.

How presented
to Sovereign, etc.

 

 

 

238.

Addresses to either House of the Imperial or Commonwealth Parliament shall be forwarded in a similar manner for presentation, or, by vote of the Council, be transmitted for that purpose by the President to some Peer or Member of the said Parliaments.

How presented to Imperial or
Commonwealth
Parliament.

 

 

 

239.

Addresses to the Governor shall be presented by the President, unless ordered to be presented by the Council in a body or by a deputation of Members named for that purpose.

How presented
to Governor.

 

 

 

240.

When an Address is ordered to be presented by the whole Council, the President, with the Council, shall proceed to Government House, and being admitted to the Governor’s presence, the President shall read the Address to the Governor, the Members who moved and seconded such Address being on the President’s left hand.

When presented
by the whole
Council.

 

 

 

241.

When an Address has been presented to the Governor by the whole Council, the Governor’s reply shall be reported to the Council by the President; but if by a deputation, then by the Member first named thereon.

Governor’s reply,
how reported.

 

 

Address in Reply see Orders Nos. 12, 13, 15.

 

 

 

Addresses for Papers see Order No. 449.

 

 

 

Joint Addresses see Joint Standing Orders Nos. 10-13.

 

 

______________

 

 

 

 

CHAPTER XXII

Messages from The Governor

 

 

 

 

242.

Whenever a Message from the Governor shall be announced by Black Rod, the business of the Council shall be immediately suspended, and the bearer of the Message shall be introduced to deliver the same to the President in the Chair.

How received.

 

 

See (Interrupted Business) Orders Nos. 76, 373.

 

 

 

 

243.

The President shall immediately read the Message to the Council, Members being uncovered.

How read.

 

 

 

244.

So soon as the Message has been read, the bearer of the Message shall withdraw.

Messenger
withdraws.

 

 

 

245.

The Message may, if necessary, be at once considered, or may be ordered to be printed and a future time fixed for its consideration.

Message,
when considered.

 

 

 

246.

A Message from the Governor may be communicated to the Council by a Minister of the Crown from the Minister’s place in the Council.

Communicated
by Minister.

 

 

When Council in Committee see Order No. 373

 

 

 

Recommending Amendments to Bills see Order No. 342.

 

 

______________

 

 

 

 

CHAPTER XXIII

Communication Between the Two Houses

 

 

 

 

247.

Communication with the House of Assembly shall be by Message, by Conference, or by Committees conferring with each other.

Modes of
communication.

 

 

 

 

BY MESSAGE

 

 

 

 

248.

A Motion to communicate any Resolution of the Council to the House of Assembly by Message may be moved without Notice.

Messages moved for without
Notice.

 

 

 

249.

Every Message from the Council to the House of Assembly shall be in writing and signed by the President, and shall be delivered by the Clerk, the Deputy Clerk, or a Clerk-Assistant, during the sitting of the Council.

To be signed
by President
and delivered
by Clerk.

 

 

See (in Writing) Order No. 3.

 

 

 

250.

Every Message from the House of Assembly to the Council shall be received without delay by the Deputy Clerk, or a Clerk-Assistant, at the Bar, and be reported by the President as early as may be convenient. A future time shall then be appointed for its consideration unless the Council orders it to be dealt with forthwith.

From the House
of Assembly,
how received.

 

 

See (Interrupted Business) Order No. 76; and (on Bills) Order No. 327.

 

 

 

 

 

BY CONFERENCE

 

 

 

 

251.

Conferences desired by the Council with the House of Assembly shall in all cases be requested by Message.

Conference
requested by
Message.

 

 

 

252.

In requesting a Conference, the Message from the Council shall state in general terms the object for which the Conference is desired, and the number of Managers proposed to serve thereon, which shall, unless otherwise ordered, be not less than five.

Object of
Conference
and number
of Managers
to be stated.

 

 

 

253.

Every Motion for requesting a Conference shall contain the names of the Members proposed by the Mover to be the Managers for the Council, but if, upon such Motion, any one Member shall so require, the Managers for the Council shall be selected by ballot.

Managers
nominated,
but may be
appointed
by ballot.

 

 

See (Ballot) Orders Nos. 233, 234.

 

 

 

 

254.

Conferences may be held during any adjournment of the Council, but when held during a sitting, the business of the Council shall be suspended, unless otherwise ordered by the Council.

Time for holding
Conference.

 

 

See (Interrupted Business) Order No. 76; and (in Committee) Order No. 373.

 

 

 

 

255.

No Conference shall be requested by the Council upon the subject of any Bill or Motion of which the House of Assembly is at the time in possession.

By whom
Conference
requested.

 

 

 

256.

The number of Managers to represent the Council in a Conference requested by the House of Assembly shall be the same as that of the Managers for the House of Assembly.

If by House
of Assembly,
number of
Managers.

 

 

 

257.

In respect of a Conference requested by the House of Assembly, the time and place for holding the same shall be appointed by the Council; and when the Council requests a Conference, it shall agree to its being held at such time and place as shall be appointed by the House of Assembly. Such appointment or agreement shall be communicated by Message.

House agreeing
to Conference
to name time
and place.

 

 

 

258.

At all Conferences requested by the House of Assembly, the Managers for the Council shall assemble at the time and place appointed, and receive the Managers for the House of Assembly.

When Council
receives Assembly
Managers.

 

 

 

259.

The Resolutions to be communicated by the Managers for the Council shall be in writing; and the Managers for the Council shall not receive any communication from the Managers for the House of Assembly unless the same be in writing.

Communications
to be in writing.

 

 

See (in Writing) Order No. 3.

 

 

 

 

260.

It shall be the duty of the Managers for the Council -

Proceedings
at Conference.

 

(a)

when the Conference is requested by the Council - to read to the Managers for the House of Assembly any Resolution adopted by the Council, and to deliver to them the same, together with the Bill (whenever Amendments to a Bill are the subject of the Conference);

 

(b)

when the Conference is requested by the House of Assembly - to hear and receive from the Managers for that House the like matter which they may have to communicate,

 

 

and thereupon the Managers for the Council shall be at liberty to confer freely by word of mouth with the Managers for the House of Assembly.

To confer by
word of mouth.

 

Where a Bill is concerned:

 

 

 

In the case of (a), except where otherwise ordered, it shall then be the endeavour of the Managers for the Council to obtain a withdrawal of the point in dispute between the Houses, and failing this, a modification of the same by way of further amendment;

Duty of Managers
for Council in case of Bills.

 

 

And in the case of (b) it shall be competent to the majority of the Managers for the Council to agree to recommend to their House such solution of the question as shall seem to such majority, after conference, most likely to secure the final agreement of the two Houses.

 

 

but no Amendment shall be proposed or agreed to by them in any words to which both Houses have so far agreed, unless these be immediately affected by the disagreement in question.

 

 

 

See (Amendments to Bills) Order No. 329; and (in case of Money Bills) Order No. 341.

 

 

 

 

261.

When the Conference has terminated, the Managers for the Council shall report the result to the Council in writing forthwith or at such time as the Council has otherwise ordered.

Result to be
reported.

 

 

 

262.

There shall be only one Conference on any Bill or other matter.

Not more
than one
Conference.

 

 

Conference on Bills see Orders Nos. 334, 338; and Money Bills Order No. 341.

 

 

 

 

BY COMMITTEES

 

 

 

 

263.

Any Select Committee of the Council may be granted leave or ordered to confer with a similar Committee of the House of Assembly; but may not otherwise so confer.

Select Committee
to confer by
order only.

 

 

See (Standing Committees) Order No. 416.

 

 

 

 

264.

When any such leave has been granted or order made, it shall be communicated by Message to the House of Assembly, with a request that leave may be given to the similar Committee of that House to confer with the Committee of the Council.

Conference
desired by
Message.

 

 

 

265.

Every Committee of the Council conferring with any Committee of the House of Assembly may confer freely by word of mouth, unless the Council shall otherwise order.

Committees
communicate
by word of mouth.

 

 

 

266.

A Report of the proceedings of every Conference between a Committee of the Council and a Committee of the House of Assembly shall be made in writing to the Council, signed by the Chairperson of its own Committee.

Committees
to report
proceedings
in writing.

 

 

See (in Writing) Order No. 3.

 

 

The Conferring of Standing Committees see Order No. 416.

 

 

Joint Committees see Joint Standing Orders Nos. 1-9.

 

 

______________

 

 

 

 

CHAPTER XXIV

Public Bills

Definition, Initiation, Contents, Etc.

 

 

 

 

267.

Every Bill not initiated under the Private Bill Orders or ruled to be a Private Bill shall be deemed to be a Public Bill.

Definition of
Public Bill.

 

 

 

268.

Bills of a hybrid nature introduced to the Council by the Government, which -

Hybrid Bills.

 

(a)

have for their primary and chief object to promote the interests of one or more Municipal Corporations, District Councils, or public local bodies, rather than those of Municipal Corporations, District Councils, or public local bodies generally;

 

(b)

authorise the granting of Crown or waste lands to an individual person, a company, a corporation, or local body,

 

shall be proceeded with as Public Bills, but shall each be referred to a Select Committee after the second reading.

 

 

 

See (Select Committees) Orders Nos. 305, 310, 377, sqq.

 

 

 

 

269.

Every Public Bill, except such as may be brought from the House of Assembly, shall be initiated, either by a Motion asking for leave to bring in the Bill and specifying its Title; or by a Motion to nominate a Committee, of not less than two Members, to prepare and bring it in.

Initiation.

 

 

See (Priority of Motion on Notice Paper) Order No. 64.

 

 

 

 

270.

The Member having leave, or one of the Committee appointed, to bring in a Bill, shall present a fair copy thereof, signed by the Member, to the Council, at the Bar, and may so present it at any time when other business is not before the Council.

Presentation
at the Bar.

 

 

 

271.

Such matters as have no proper relation to each other shall not be included in one and the same Bill.

Contents to be
mutually relevant.

 

 

 

272.

In every Bill, as presented to the Council, the Title shall coincide with the Order of Leave, and there shall be no clause that is not within the Title.

Title and clauses.

 

 

See (Amendment of Title) Orders Nos. 293, 315.

 

 

 

 

273.

The duration of any Bill, the provisions of which are intended to be temporary, shall be inserted in a distinct clause at the end thereof.

Duration of
temporary Act to
be specified.

 

 

 

274.

A Bill may amend or repeal an Act of the same Session.

Amending Act of
same Session.

 

 

 

275.

If more than one Bill dealing with the same subject appears on the Notice Paper, such of them as the Council may decide shall be withdrawn or deferred, or the Bills may be consolidated.

Two or more
Bills dealing
with same subject.

 

 

See (Instructions) Order No. 424.

 

 

 

 

276.

Every Bill not prepared pursuant to the Order of Leave, or according to the Standing Orders of the Council, shall be withdrawn, unless at the time of the irregularity being noticed the Bill is before a Committee; and if withdrawn, a new Bill may be forthwith presented in lieu thereof under the same Order of Leave.

If irregular, to be
withdrawn.

Bill presented in
lieu of one
withdrawn.

 

______________

 

 

 

Bills appropriating Revenue or Clauses
dealing with Taxation, etc.

 

 

 

 

277.

If any Bill or Amendment received from the House of Assembly be a Bill or Amendment for the Appropriation of any part of the Revenue, or of any tax, rate, duty, or impost, the Council will not proceed with such Bill or Amendment unless the Clerk of the House of Assembly shall have certified upon the Bill that the purpose of such appropriation has been recommended to the House of Assembly by the Governor during the current Session.*

Council will not
proceed with
Appropriation
Bill unless
certified.

 

 

*See Constitution Act, Sec.59.

 

 

 

 

278.

If any Bill, introduced in the Council by the Government, contains a clause - or if a new clause or amendment is inserted therein in Committee - by which, in order to the better carrying out of the main objects of the measure, Revenue or other public money is appropriated, or if such clause or amendment deals with taxation or the raising, guaranteeing, or repaying, of any loan, the said clause or amendment shall be printed in erased type and shall not be deemed to form any part of the Bill.

The Message transmitting the Bill to the House of Assembly for its concurrence shall also draw attention to the suggestion indicated by the clause or amendment printed in erased type, stating that such a clause or amendment cannot originate in the Council, but is deemed necessary to the Bill.

Clause
appropriating
Public Money
dealing with
taxation, etc.,
to be in
erased type.

 

 

Procedure in Committee see Order No. 298.

 

 

______________

 

 

 

Bills Amending the Constitution

 

 

 

 

279.

If any Bill received from the House of Assembly be a Bill by which an alteration in the Constitution of the Council or House of Assembly is made, the Council will not proceed with such Bill unless the Clerk of the House of Assembly shall have certified upon the Bill that its second and third readings have been passed with the concurrence of an absolute majority of the whole number of the Members of the House of Assembly.*

Council will not proceed with Bill
for alteration of
Constitution
unless certified.

 

 

*See Constitution Act, Sec. 8.

 

 

 

Certificate in Council see Order No. 321.

 

 

 

Procedure on second and third readings see Order No. 282.

 

 

______________

 

 

 

Readings

 

 

 

 

280.

On every order for the reading of a Bill, the Title only shall be read.

Title only read.

 

 

 

281.

If the question that a Bill be now read a second or a third time be negatived, the Bill may be revived, on Motion after Notice or as provided in Order No. 68, but if the Bill be ordered to be read a second or a third time "this day six months", it shall be withdrawn from the Notice Paper, and shall not be revived during the same Session. This Standing Order shall not be suspended.

Effect of
negative vote
and of six months’
postponement.
Order not to be
suspended.

 

 

 

282.

Before the question for the second or third reading of a Bill to alter the Constitution of either House of the Legislature is put from the Chair, the President shall count the Council; and, if the question be carried by a majority less than an absolute majority of the whole number of the Members of the Council, the Bill shall be read a second or third time, as the case may be, but shall not be further proceeded with, nor shall it be revived during the same Session. This Standing Order shall not be suspended.

Constitution Bills:
procedure when
majority less
than absolute
majority.

Order not to be
suspended.

 

 

 

 

First Reading

 

 

 

 

283.

Upon a Bill being presented by a Member or received in due order from the House of Assembly for the concurrence of the Legislative Council, the Bill shall be read a first time without any question being put.

First
Reading.

 

 

 

284.

After the first reading, the Bill shall be printed and the second reading of the Bill may be moved forthwith or on motion at a later hour of the same day or made an Order of the Day for a future day. If the second reading of the Bill is moved forthwith after its first reading, the debate thereon shall be immediately adjourned until a future day.

Second
Reading.

 

 

Alterations of text see Order No. 324.

 

 

 

 

285.

Standing Order repealed.

 

 

 

Second Reading

 

 

286.

On the Order of the Day being read for the Second Reading of a Bill, the Question shall be proposed "That this Bill be now read a second time".

Question for
Second Reading.

 

 

 

287.

To such Question the only Amendments which may be moved shall be -

Amendments
to Question.

 

(i)

To leave out "now", and to add "this day six months"; or

 

(ii)

In the form of a Resolution strictly relevant to the objects of the Bill,

 

 

but the Previous Question may be proposed.

 

 

The Amendments stated in paragraph (i) are not themselves open to amendment, and whenever they are moved, the decision of the Council as to whether or not the word "now" shall stand shall be held to be conclusive upon the whole question, and the President shall forthwith declare the second reading to be carried or to be deferred for six months, as the case may be.

How determined.

 

 

See (Previous Question) Orders Nos. 144-152.

 

 

 

See also (as to revival) Order No. 281; and (Constitution Bills) Order No. 282.

 

 

______________

 

 

 

Committal

 

 

288.

Every Bill, on being read a second time, shall, except as provided in Order No. 282, stand committed, and unless it be on motion or by these Orders, referred to a Select Committee, or a Motion be made for the Committee stages to be taken on motion at a later hour of the same day or made an Order of the Day for a future day, the President shall leave the Chair and the Council shall resolve itself into a Committee of the Whole for the consideration of the Bill: Provided that where notice of an Instruction has been given such Instruction may be first disposed of.

Committal.






Instruction.

 

 

See (Instructions) Orders Nos. 421-428; (Hybrid Bills) Order No. 268; and (Consolidation Bills) Joint Standing Order No. 18.

 

 

 

 

289.

No Motion for referring a Bill to a Select Committee shall be entertained after the Chairperson of Committees shall have reported the Bill.

Restriction on
reference to a
Select Committee.

 

 

Recommittal see Orders Nos. 307, 313.

 

______________

 

 

 

Committees of the Whole on Bills

 

 

290.

The following order shall be observed in considering a Bill and its title, viz.:-

Order of
consideration.

 

(I.)

The Clauses seriatim and any proposed new clauses;

(II.)

Postponed Clauses (not having been specially postponed to certain other clauses);

(III.)

The Schedules and any proposed new Schedules;

(IV.)

The Preamble;

 

(V.)

The Title,

 

 

and the same order shall be observed when a Bill is reconsidered or recommitted.

 

 

 

See (in Select Committee) Order No. 305.

 

 

 

 

291.

The Chairperson shall read each Clause and Schedule separately to the Committee, and shall put upon each Clause and Schedule the question "That this Clause (or Schedule) stand as printed."

Clauses and
Schedules
read and put.

 

In reading the Clauses and Schedules it shall be sufficient to read the numbers and marginal notes only.

In what manner
read.

 

 

 

292.

The words of Enactment at the beginning of a Bill are not to be put to the Committee unless under an Instruction from the Council.

Words of
Enactment.

 

 

See (Instructions) Orders Nos. 421-426.

 

 

 

 

293.

Any Amendment may be made to any part of a Bill, provided the same be relevant to the subject matter of the Bill, or pursuant to any Instruction, and be otherwise in conformity with the Standing Orders of the Council; but if any Amendment shall not be within the Title, the Committee shall amend the Title accordingly and report the same specially to the Council.

Amendments
must be
relevant, etc.

Title.

 

 

See (Instructions) Orders Nos. 421-426 and (Amending Title at Third Reading) Order No. 315.

 

 

 

 

294.

No Amendment shall be made by which the principle of a Bill, as affirmed by its second reading, is reversed.

Principle of Bill
not to be reversed.

 

 

 

295.

No new Clause or Amendment shall at any time be proposed which is substantially the same as one already negatived by the Committee, or which is inconsistent with one that has been already agreed to by the Committee, unless a recommittal of the Bill shall have intervened.

Decisions not
to be reviewed
till Bill
recommitted.

 

 

See also Order No. 364; (on Reconsideration) Order No. 300; and (Same Question) Order No. 124.

 

 

 

 

296.

If a Clause or Schedule be amended, a further question shall be put, "That the Clause (or Schedule) stand as amended".

Clauses put
as amended.

 

 

 

297.

Any Clause may be postponed, unless it has already been amended.

Clauses postponed.

 

 

 

298.

No question shall be put upon any Clause printed in erased type.

Clauses in
erased type.

 

 

See Order No. 278.

 

 

 

299.

Debate shall be confined to the Clause, Schedule, or Amendment immediately before the Committee.

Debate confined
to single question.

 

 

See also Orders Nos. 185, 366.

 

 

 

 

300.

When a Bill has been gone through, its Reconsideration, in whole or in part, may be moved for the purpose of making Amendment or further Amendment thereto; but upon such Reconsideration no Amendment, not being a merely consequent Amendment, shall be entertained in respect of words which have been the subject either of a previous Amendment or of a proposed Amendment unless the latter was withdrawn.

Reconsideration.

 

The Bill may also be Reconsidered under this Order for the purpose of adding specified new Clauses or Schedules.

New clauses on
reconsideration.

 

 

See also Orders Nos. 290, 295.

 

 

 

 

301.

A Bill shall not be reprinted during its passage through Committee except by order of the Council.

Not reprinted
before Report.

 

 

 

302.

When the proceedings upon a Bill have not been concluded at the end of any day’s sitting of the Committee, the Chairperson shall be directed to report progress and ask leave to sit again.

Reporting
progress.

 

 

 

303.

When the proceedings upon a Bill have been concluded, the Chairperson shall leave the Chair and report the Bill to the Council, with or without Amendments as the case may be.

Bill reported
by Chairperson.

 

 

 

304.

The Chairperson shall sign a printed copy of every Bill to be reported, with all amendments fairly written thereon; and the Bill so signed shall be handed by the Chairperson to the Clerk when reporting to the Council.

Chairperson to
sign copy of
Bill and
Amendments:
And hand copy
to Clerk.

 

 

Further procedure in Committee see Orders Nos. 351, sqq.

 

 

Amendments Generally, and Between the Houses see Orders Nos. 324, sqq.

 

 

Money Bills see Order No. 341.

 

 

Consolidation Bills see Joint Standing Order No. 18.

 

 

 

 

Procedure before Select Committee

 

 

305.

The foregoing procedure shall be followed by a Select Committee in considering a Bill, except that a Preamble shall have precedence of the Clauses, and if the allegations contained therein be not found to be true, the Committee, without further considering the Bill, shall so report to the Council. The Committee may also make a Special Report upon the Bill.

Consideration
by Select
Committee.

 

 

Other Procedure in Select Committees see Orders Nos. 377-413.

 

 

 

Preamble see Order No. 290.

 

 

 

Exception as to Consolidation Bills see Joint Standing Order No. 18.

 

 

______________

 

 

 

Report

 

 

306.

Upon a Bill being reported from a Committee of the Whole Council, with or without amendment, the adoption of the Report may be immediately moved, or a future time may be fixed for that purpose, and the Bill, if amended, shall be printed as reported.

Adoption of
Report.

 

 

 

307.

On the Motion for the adoption of the Report, the Bill, either in whole or in part, may, on Motion, be recommitted.

Recommittal.

 

 

 

308.

In moving for the recommittal of a Bill, for the purpose of adding new Clauses or Schedules, Members must indicate to the Council the number and nature of such Clauses and Schedules.

Proposed new
Clauses to be
indicated.

 

 

See also Orders Nos. 300, 313.

 

 

 

 

309.

Upon the Report being adopted, the Third Reading shall be made an Order of the Day for a future day.

Third Reading
fixed.

 

 

See (Exception) Order No. 313.

 

 

 

 

310.

Except where otherwise ordered, every Bill reported from a Select Committee shall, if not recommitted to the same or another Select Committee, or if notice be not given of a Motion for its withdrawal, be forthwith Recommitted to a Committee of the Whole Council for a future day, and the Report of the Committee shall in the meantime be printed.

When reported
by Select
Committee.

 

 

See (Exception) Joint Standing Order No. 18.

 

 

 

 

311.

Bills amended by a Select Committee shall, unless otherwise ordered, be reprinted as amended, with every addition or substitution in italic type, and the omissions therefrom included in brackets and underlined.

If amended
by Select
Committee,
how printed.

 

______________

 

 

 

Third Reading and Passing

 

 

312.

On the Order of the Day being read for the Third Reading of a Bill, the question shall be proposed "That this Bill be now read a third time"; to which the only Amendment which may be moved shall be, to leave out "now" and to add "this day six months", which Amendment shall be determined in the manner provided at the Second Reading; but the Previous Question may be proposed.

Question for
Third Reading.

Amendments
admissible.

 

 

See (as to Revival) Orders Nos. 281, 282; (Second Reading) Order No. 287; and (Previous Question) Orders Nos. 144-152.

 

 

 

 

313.

Before the question for the Third Reading is put the Bill, either in whole or in part, may, on Motion, be Recommitted, but in the latter event the number and nature of any proposed new Clauses and Schedules must be first indicated; and if the Bill be reported with Amendment or further Amendment, the Report may be adopted and a future day appointed for the Third Reading, and the Bill shall be again printed as amended; but if no such Amendment has been made, the Bill may be read a Third Time without delay.

Recommittal on
Third Reading.

 

 

 

314.

Before any Bill which has been referred to a Committee of the Whole Council shall be read the third time, the Chairperson of Committees shall certify in writing that the fair print is in accordance with the Bill as agreed to in Committee and reported, and the President shall announce that the Chairperson has so certified.

Certificate of
Chairperson
of Committees.

 

 

 

315.

So soon as a Bill shall have been read a third time, the President shall, except as provided in Order No. 282, without permitting discussion, amendment, or adjournment, put a question "That this Bill do now pass": Provided that, if the Title does not conform to the contents of the Bill, the same may be first amended.

Question for
passing put
without debate.

Title amended.

 

 

See (Title) Orders Nos. 272, 293.

 

 

______________

 

 

 

Transmission and Return to the
House of Assembly

 

 

316.

When a Bill originated in the Legislative Council shall have passed, it shall be sent to the House of Assembly with a Message desiring its concurrence thereto.

Council Bill
sent to
Assembly for
concurrence.

 

 

 

317.

When a Bill originated in the House of Assembly has passed in the Council with or without amendment it shall be returned, with a Message informing that House that the Council has agreed to the same "without amendment", or "with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly".

Assembly Bill
when passed
returned.

 

 

See (Schedules) Order No. 339; and (Suggested Amendments) Order No. 341.

 

 

 

Consolidation Bills see Joint Standing Order No. 18.

 

 

______________

 

 

 

Certificates

 

 

318.

When a Bill originated in the Council shall have passed, the Clerk shall certify it as follows: "This Public Bill originated in the Legislative Council, and having this day passed, is now ready for presentation to the House of Assembly for its concurrence".

On Council
Bill when passed.

 

 

 

319.

When a Bill originated in the House of Assembly shall have passed in the Council without amendment, it shall be certified by the Clerk as follows: "This Bill has been agreed to by the Legislative Council without amendment".

On Assembly
Bill not
amended.

 

 

 

320.

When a Bill originated in the House of Assembly shall have passed in the Council with amendment, the Clerk shall certify it as follows: "This Bill, with the amendment (or amendments) annexed, has been agreed to by the Legislative Council".

On Assembly Bill
amended.

 

 

 

321.

Whenever any Bill, by which an alteration in the Constitution of the Legislative Council or House of Assembly is made, shall have passed its Second and Third Readings in the Council with the concurrence of an Absolute Majority of the whole number of the Members, the Clerk shall certify the Bill accordingly.

On Constitution
Amendment Bill.

 

 

See (Assembly Certificate) Order No. 279.

 

 

 

 

322.

In whatever other way the Council shall subsequently deal with a Bill, the Clerk shall at every stage certify it accordingly.

At subsequent
stages.

 

 

 

323

All certificates by the Clerk shall be written on the first page of the Bill.

Where to be
written.

 

 

Before Presentation to Governor see Orders Nos. 349, 345.

 

 

By Chairperson of Committees see Order No. 314.

 

______________

 

 

 

Amendments to Bills

 

 

Generally

 

 

324.

After the First Reading and before the Bill is issued to Members, no alteration shall be allowed to be made in the text thereof, except by permission of the President at the request of the Member having the Bill in charge; and only such alterations shall be so permitted as are necessary for the correction of errors of printing or drafting or for the omission of words included by mistake.

Alterations
after First
Reading.

 

 

 

325.

No Amendment, not being of a merely verbal or formal nature or such as can be made after the Third Reading, shall be made to any Bill after it has been printed and issued to Members otherwise than by a Select Committee or in a Committee of the whole Council.

Amendment
to be made in
Committee.

 

 

 

326.

Amendments of a merely verbal or formal nature may be made, and clerical and typographical errors may be corrected, in any part of a Bill by the President at any time during its progress through the Council.

Verbal
Amendments
and Clerical
Errors.

 

 

After Third Reading (Title) see Order No. 315.

 

 

Suggested Amendments see Order No. 341.

 

 

Governor’s Amendments see Orders Nos. 342-345.

 

 

 

General Procedure see Orders Nos. 130, sqq. and 290 sqq.

 

 

 

 

 

Amendments between the Houses

 

 

327.

Messages coming from the House of Assembly transmitting or dealing with Amendments shall be considered in Committee of the Whole Council, either forthwith or at such future time as the Council shall appoint.

If not considered forthwith, the Message or the Amendments shall be printed as Members may require.

All Messages
considered
in Committee.

 

 

 

328.

No Amendment shall be proposed to an Assembly’s Amendment that is not strictly relevant thereto.

Amendment
must be relevant.

 

 

 

329.

No Amendment shall be proposed to any words of a Bill which have been agreed to by both Houses, unless it be strictly relevant to or consequent upon the acceptance, amendment, or rejection of a previous Amendment as hereinafter provided.

Amendment
to Bill
restricted.

 

 

See Orders Nos. 333, 334, 336; and (at Conference) Order No. 260.

 

 

 

 

330.

Whenever the Council agrees to an Amendment made by the House of Assembly, a Message shall be sent informing that House thereof and returning the Bill if the same be an Assembly Bill.

When
Amendment
agreed to.

 

 

 

331.

Whenever the Council disagrees to an Amendment made by the House of Assembly, the Bill shall be returned with a Message informing that House thereof and desiring the reconsideration of the Bill. The Council shall also assign therewith Reasons for such disagreement.

When
Amendment
disagreed to.

 

 

See (Reasons) Order No. 340.

 

 

 

 

332.

Whenever the Council agrees to an Assembly’s Amendment with amendment, or makes any further Amendment to the Bill, the Bill shall be returned with a Message, transmitting a Schedule of such Amendment, and desiring the concurrence of the House of Assembly thereto.

When
Amendment
amended.

 

 

See (Schedules) Order No. 339.

 

 

 

 

 

In Bills Originated in the Council

 

 

333.

When the House of Assembly returns a Bill with Amendments, such Amendments may be -

Assembly’s
Amendments,
how dealt with.

 

I.

Agreed to, with or without amendment, and with any necessary consequent Amendment to the Bill; or

 

II.

Disagreed to; and, if desired, further amendments made to the Bill in words reinstated by disagreement; or

 

 

III.

Postponed as to their consideration for six months,

 

 

or the Bill may be ordered to be laid aside.

 

 

 

 

334.

If the House of Assembly again returns the Bill with a Message informing the Council that it -

Further
proceedings
on Council Bills.

 

I.

Insists on its original Amendments to which the Council has disagreed; or

 

II.

Disagrees to Amendments made by the Council; or

 

 

III.

Agrees to Amendments made by the Council with further amendments; or

 

 

IV.

Proposes further Amendments in lieu of and relevant to the Amendments disagreed to by the Council,

 

 

the Council may -

 

 

 

As to I. - Agree, with or without amendment, to the Amendments to which it had previously disagreed, and make, if necessary, consequent Amendments to the Bill; or may insist on its disagreement to such Amendments,

 

 

and may -

 

 

 

As to II. - Insist, or not insist, on its Amendments,

 

 

and may -

 

 

 

As to III. and IV. - Agree, with or without amendment, to such further Amendments of the Assembly, making consequent amendments to the Bill, if necessary; or may disagree thereto,

 

 

and, if the Council shall so insist or disagree or if the Bill in cases of further Amendment be again returned by the House of Assembly with any of the requirements of the Council still disagreed to, or with further Amendments upon such Amendments to which the Council will not agree, the Council shall either request a Conference or order the Bill to be laid aside.

 

 

 

See (Conferences) Orders Nos. 251-262.

 

 

 

 

335.

If the Council resolves not to insist on any of its requirements, a Message shall be sent to the House of Assembly informing that House thereof.

 

Final agreement
communicated.

 

In Bills Originated in the House of Assembly

 

 

336.

When the House of Assembly -

Further
proceedings
on Assembly
Bills.

 

I.

Disagrees to Amendments made by the Council; or

 

II.

Agrees to Amendments made by the Council with amendments; or

 

III.

Proposes Amendments in respect of words reinstated by disagreement,

 

the Council may -

 

 

As to I. - Insist, or not insist, on its Amendments; and may make amendments in lieu of and relevant to those to which the House of Assembly has disagreed; or may order the Bill to be laid aside,

 

 

and may

 

 

 

As to II. and III. - Agree to the Assembly’s Amendments, with or without amendment, making consequent amendments to the Bill if necessary; or may disagree thereto and insist on its own Amendments; or may order the Bill to be laid aside.

 

 

 

 

337.

If the Council insists, or does not insist, on its Amendments, a Message shall be sent to the House of Assembly informing that House thereof and returning the Bill.

Final decision
communicated.

 

 

 

338.

If a Conference be held with the House of Assembly, the Bill shall be brought back by the Managers, and if the Recommendations from the Conference be not adopted by the Council, or if no Recommendation be reported by the Managers, the Council shall either resolve not to further insist on its requirements, or shall order the Bill to be laid aside.

If such Recommendations be adopted, or if the Council does not further insist, a Message shall be sent to the House of Assembly accordingly.

Procedure after
Conference.

 

 

See (Conferences) Orders Nos. 251-262.

 

 

 

 

 

Schedules and Reasons

 

 

339.

Every Schedule of Amendments, required to be transmitted to the House of Assembly, shall contain specific reference to the page and line of the Bill where words are to be inserted, added, or left out - or to the Amendment of the House of Assembly which is proposed to be amended - and shall describe each proposed Amendment. The Schedule shall be signed by the Clerk and annexed to the Bill.

Schedules of
Amendments.

 

 

See (Schedule) Orders Nos. 332, 341.

 

 

 

 

340.

Whenever Reasons are assigned in cas