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Papua New Guinea Consolidated Legislation |
This reprint of this Statutory Instrument incorporates all amendments, if any, made before25 November 2006 and in force at 1 July 2001.
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Legislative Counsel
Dated 25 November 2006
INDEPENDENT STATE OF PAPUA NEW GUINEA.
.
Standing Orders of the National Parliament
ARRANGEMENT OF SECTIONS.
Standing Orders of the National Parliament
MADE under Section 133 of the Constitution.
Dated 200 .
PART I. – PRELIMINARY.
These Standing Orders are subject to the provisions of the Constitution of the Independent State of Papua New Guinea, and except as otherwise provided by these Standing Orders words and phrases used in these Standing Orders have the same meaning as in the Constitution.
In these Standing Orders, unless the context otherwise requires or some other meaning is clearly indicated–
“the Chairman” means the person presiding over a Committee of the whole Parliament;
“the Clerk” means the Clerk of the National Parliament, or if he is absent, the Deputy Clerk, or should the latter also be absent, the First Clerk Assistant;
“the Governor-General” means the person holding office as Governor-General under Division V.3 (appointment, etc., of Governor-General) of the Constitution;
“Member” means a Member of the National Parliament;
“meeting” means the period between the date of commencement of the business of the Parliament and the last day when such business is completed;
“Minister” means a Minister appointed under Division VI.4 (the National Executive) of the Constitution;
“Mr Speaker” means the Speaker of the National Parliament elected under Standing Order 5;
“the National Gazette” means the official journal of the National Government established by Section 252 (the National Gazette) of the Constitution;
“Order of the Day” means a bill or other matter which the Parliament has partly considered and ordered to be further considered at a future time;
“the Parliament” means the National Parliament established under Division VI.2 (the National Parliament) of the Constitution;
“the precincts of the Parliament” has the meaning given to that expression by the Parliamentary Powers and Privileges Act 1964;
“Session” means the time between the first meeting of a Parliament after a general election and its dissolution;
“Sitting” means the period during which the Parliament is sitting without adjournment, and includes any period during which it is in Committee of the whole Parliament;
“the Speaker” means the Speaker of the National Parliament, and includes a person presiding at a sitting of the Parliament in accordance with the provisions of Part III.
During any vacancy in the office of Clerk all powers, functions and duties of the Clerk shall be exercised and performed by the Deputy Clerk, or should the latter also be absent the First Clerk Assistant.
PART II. – PROCEEDINGS ON THE MEETING OF A NEW PARLIAMENT.
(1) On the first day of the meeting of the Parliament for the dispatch of business after a general election, Members will assemble in the Chamber at the appointed time.
(2) The Clerk shall read the National Gazette notification calling the Parliament together and the notification appointing the representative of the Governor-General to administer the Declaration of Office and the Declaration of Loyalty.
(3) A writ or copy-writ of election of each elected Member shall be laid on the Table by the Clerk, and the Members shall make the Declarations of Office and the Declarations of Loyalty, as prescribed in the Constitution.
(1) The Parliament shall then elect one of its Members to be Speaker.
(2) When more than one Member is proposed and seconded as Speaker, the Clerk acting as Chairman of the Parliament shall conduct an election by exhaustive secret ballot in accordance with the procedure in Schedule 1.
(3) Upon the election of Mr Speaker, the Parliament will be suspended whilst Mr Speaker presents himself to the Governor-General and is sworn into office.
(4) Mr Speaker having reported that fact to the Parliament, the Parliament will proceed to elect a Prime Minister, or be adjourned, in accordance with Standing Orders 6 and 7.
The Parliament may be adjourned, if the Parliament so resolves, for up to three sitting days at a time before a motion for the election of a Prime Minister is moved.
(1) The Prime Minister shall be elected by motion, duly moved and seconded, without notice in accordance with this Section.
(2) The Speaker shall call for and accept nominations, duly moved and seconded.
(3) Each member nominated shall inform the Parliament whether he accepts the nomination.
(4) In the case of only one nomination, Members shall vote by dividing and moving to positions indicated by the Speaker.
(5) In the case of two nominations, Members shall vote by dividing and moving to positions indicated by the Speaker.
(6) In the case of three or more nominations, Members shall vote by dividing and moving to positions indicated by the Speaker.
(7) If a member receives a majority of the votes cast he shall be declared elected.
(8) In the case of three or more nominations, if no member receives a majority of the votes cast, a process of eliminating the Member with the smallest number of votes shall be conducted by Members dividing and moving to positions indicated by the Speaker.
(9) In the case of equality of votes the Speaker, who has no deliberative vote, has a casting vote.
(10) In each case, the Clerk shall record the vote in the Minutes of Proceedings.
(11) The Prime Minister, after having been sworn into office, shall inform the Parliament of the time the Governor-General will address the Parliament, and the Parliament may then suspend or adjourn its sitting until that time, when it shall again attend and await the arrival of the Governor-General.
The Governor-General will address the Parliament and declare the causes of his calling the Parliament together, and will then withdraw from the Chamber.
After the Governor-General’s speech, a motion for an address in reply shall be made and seconded.
The Address as agreed to by the Parliament shall be presented to the Governor-General by the Speaker, accompanied by any Members who wish to attend, and the Speaker shall report to the Parliament the Governor-General’s reply to their Address.
On the first day of the meeting of a new Parliament for the dispatch of business (not being the next after a general election), when Members of the Parliament have met at the appointed time the Clerk shall read the National Gazette notification, and after the Speaker reads Prayers the Parliament shall await the arrival of the Governor-General.
PART III. – SPEAKER, DEPUTY SPEAKER AND ASSISTANT SPEAKERS.
When a vacancy has occurred in the office of Speaker, the Clerk shall report the fact to the Parliament at its next Sitting, and the Parliament shall either forthwith, or at its next Sitting, proceed to the election of a new Speaker in the manner set out in Standing Order 5.
(1) At the commencement of each Parliament, or whenever the Office becomes vacant, a Member shall be appointed by the Parliament to be the Deputy Speaker.
(2) When more than one motion for the appointment of Deputy Speaker is moved and seconded, the Speaker shall conduct a secret ballot in accordance with the procedure in Schedule 2.
(1) The Parliament shall appoint at the commencement of each Parliament not less than four Members as Assistant Speakers.
(2) Assistant Speakers have seniority in the order in which they are appointed.
Whenever the Parliament is informed by the Clerk of the absence of Mr Speaker or that Mr Speaker is for any reason unable to act, the Deputy Speaker, as Acting Speaker, shall perform the duties of the Speaker during the absence or inability.
Whenever the Parliament is informed by the Clerk of the absence of both Mr Speaker and the Deputy Speaker, the Senior Assistant Speaker present shall, subject to any other order of the Parliament, perform the duties of the Speaker during the absence.
(1) The Deputy Speaker shall take the Chair whenever requested to do so by Mr Speaker during a Sitting of the Parliament, without any formal communication to the Parliament.
(2) Mr Speaker, if the Deputy Speaker be absent, or the Deputy Speaker, may call on any one of the Assistant Speakers to take the Chair.
(1) The Deputy Speaker is Chairman of Committees, and shall preside over all Committees of the whole Parliament
(2) If the Deputy Speaker is absent, or if the Deputy Speaker thinks that it is desirable that he should take part in any proceedings in committee otherwise than as the person presiding, Mr. Speaker may, and otherwise an Assistant Speaker shall, take the Chair in his place.
PART IV. – PERMANENT PARLIAMENTARY COMMITTEES.
(1) A Standing Orders Committee, to consist of Mr Speaker, the Deputy Speaker and seven other Members, shall be appointed at the commencement of each Parliament.
(2) The functions of the Committee are to consider whether the rules of procedure set out in Standing Orders serve the best interests of the Parliament and its Members, and what amendments (if any) are desirable, and to make reports and recommendations to the Parliament.
(3) The Committee has power to act during recess.
(1) A Committee of Privileges, to consist of five Members, shall be appointed at the commencement of each Parliament or at such other time as the Parliament decides.
(2) The functions of the Committee are to inquire into and report on complaints of breach of privilege referred to it by the Speaker or by the Parliament.
(1) A National Parliament Committee, to consist of Mr Speaker and four other Members, shall be appointed at the commencement of each Parliament.
(2) The functions of the Committee are to advise Mr Speaker on the administration of the National Parliament buildings and precincts, and its services and facilities (including the library provided for Members and strangers).
(3) The Committee has power to act during recess.
(1) A Private Business Committee shall be appointed at the commencement of each Parliament.
(2) The Committee shall consist of Mr Speaker, the Deputy Speaker and five other elected Members (who shall not be Ministers).
(3) The functions of the Committee are–
(a) to meet on each Wednesday during meetings of the Parliament to examine all notices of motion submitted to the Committee under Standing Order 130, and to determine whether the terms of the motion are of a parochial nature or of a matter of national importance; and
(b) on determining that a notice is of national importance, to deliver a copy of the notice to the Clerk for reporting to the Parliament; and
(c) on determining that a notice is of a parochial nature, to return the notice to the Member proposing the motion with a recommendation–
(i) that the Member consult with the Minister or authority concerned; or
(ii) that the Member places a question relating to the subject matter on the Question Paper; or
(iii) that the Member may otherwise achieve more quickly and effectively the action sought by him; and
(d) to determine the order in which notices and Orders of the Day on the Notice Paper shall be considered on Sitting days when private business has precedence.
(4) Should a quorum of Members of the Committee not be available before 1.45 p.m., the functions and duties of the Committee under Subsection (3)(a), (b) and (c) shall be carried out by Mr Speaker.
The quorum for a meeting of a Permanent Parliamentary Committee established under Standing Orders 19, 20, 21 and 22 is three unless otherwise ordered.
(1) A Subordinate Legislation Committee shall be appointed at the commencement of each Parliament.
(2) The Committee shall consist of eight Members.
(3) All regulations, rules, by-laws and orders made or given under an Act and laid on the Table of the Parliament stand referred to the Committee for consideration and, if necessary, report, but any necessary action arising from a report of the Committee shall be taken in the Parliament on motion after notice.
(4) The Committee has power to send for persons, papers and records, and to act during recess.
(5) The quorum for a meeting of the Committee is three.
24A. PARLIAMENTARY LEGISLATION COMMITTEE.
(1) A Parliamentary Legislation Committee shall be established at the commencement of each Parliament.
(2) The Committee shall consist of the Speaker who shall be Chairman, three Members nominated by the Prime Minister and three Ministers nominated by the Leader of the Opposition.
(3) The functions of the Committee are–
(a) to initiate and introduce legislation to Parliament; and
(b) upon request of a Member, to assist in the preparation of a Private Member’s Bill; and
(c) to review existing legislation; and
(d) to consider and report on any proposed legislation referred to it by Parliament.
(4) The Committee has power to send for persons, papers and records and to act during recess.
(5) The quorum for a meeting of the Committee is five.
24B. PARLIAMENTARY COMMITTEE ON APPOINTMENTS.
(1) The Parliamentary Appointments Committee shall be established at the commencement of each Parliament.
(2) The Committee shall consist of seven Members.
(3) The Committee has responsibility concerning appointments to offices (including officers as members of committees and commissions) and the creation of offices and other act or thing provided for or required by the Constitutional Laws and Acts of Parliament to be made or done in consultation with the appropriate permanent parliamentary committee.
(4) The Committee has power to send for persons, papers and records, and to act during recess.
(5) The quorum for a meeting of the Committee is three.
24C. CONSTITUTIONAL LAWS AND ACTS.
(1) A Constitutional Laws and Acts Committee shall be established at the commencement of each Parliament.
(2) The Committee shall consist of seven Members.
(3) The functions of the Committee are to have general responsibility concerning the Constitution, matters not specifically within the functions of other committees, and in particular responsibility concerning proposed laws to alter the Constitution or Organic Laws, and Acts required to be made, or required to be made in a prescribed manner, by the Constitution.
(4) The Committee shall consider and report to the Parliament of any proposed constitutional law, and any constitutional matter referred to it by Parliament, before there is any opportunity for debate on the proposed law or matter or as directed by Parliament, and the committee may consider and report to the Parliament on any constitutional matter or question as it thinks fit.
(5) The Committee has power to send for persons, papers and records, and to meet from place to place and to act during recess.
(6) Tha quorum of the Committee is three.
24D. ECONOMIC AFFAIRS COMMITTEE.
(1) An Economic Affairs Committee shall be appointed at the commencement of each Parliament.
(2) The Committee shall consist of seven members.
(3) The Committee’s functions are–
(a) to consider matters concerning economic affairs and development referred to it by Parliament; and
(b) to assess and review the administration of the economy with regard to the implementation of the particular government policy; and
(c) to investigate and report on such other related matters as the Committee considers appropriate.
(4) The quorum of a meeting of the Committeee shall be three.
24E. FOREIGN AFFAIRS AND DEFENCE COMMITTEE.
(1) A Foreign Affairs and Defence Committee shall be established at the commencement of each Parliament.
(2) The Committee shall consist of seven Members.
(3) The Committeee has responsibility concerning–
(a) matters relating to foreign affairs and defence generally; and
(b) such matters as may be referred to the Committee–
(i) by the Minister for Foreign Affairs; and
(ii) by the Minister for Defence; and
(iii) by resolution of the Parliament; and
(c) to investigate and report on such other related matters as the Committee considers appropriate.
(4) The Committee has power to appoint sub-committee consisting of two or more of its members and to refer to any such sub-committee any of the matters which the Committee is empowered to consider.
(5) The Committee has power to send for and examine persons, papers and records, to move from place to place and to meet and transact business in public or private sessions and to act during recess.
(6) The Committee shall report to Parliament on such matters as are referred to it from time to time.
(7) The quorum of a meeting of the Committee is four.
24F. LAW AND ORDER COMMITTEE.
(1) A Law and Order Committee shall be established at the commencement of each Parliament.
(2) The Committee shall consist of seven Members.
(3) The Committee has responsibility in matters concerning law and order and shall–
(a) review and report on matters of law and order referred to it by Parliament; and
(b) investigate and report on such other related matters as the Committee considers appropriate; and
(c) liaise with other bodies concerned with law and order.
(4) The Committee has power to send for persons, papers and records and to act during recess.
(5) The quorum for a meeting of the Committee is three.
(1) The Parliament may appoint such other Permanent Parliamentary Committees as are determined by the Parliament from time to time.
(2) The powers, procedures and functions of a committee shall be determined on its establishment, and are subject to Subdivision VI.2.E (the Committee System) of the Constitution.
PART VI. – ROLL, PLACES OF MEMBERS, LEAVE OF ABSENCE, MINUTES OF PROCEEDINGS AND RECORDS.
A Members’ roll shall be kept by the Clerk, showing–
(a) the name of the Member elected for each Electorate and the name of each Nominated Member; and
(b) the dates of his election or appointment, as the case may be, of his making the oath or affirmation, and of his ceasing to be a Member; and
(c) the cause of his ceasing to be a Member.
The attendance of Members at each Sitting of the Parliament shall be recorded in the Minutes.
Any question with regard to the seats to be occupied by Members shall be determined by the Speaker.
(1) Leave of absence may be given by the Parliament to any Member on motion without notice, stating the cause and period of absence, and such a motion has priority over all other business.
(2) A Member shall be excused from service in the Parliament, or on any committee, so long as he has leave of absence.
(3) A Member who has leave of absence forfeits it if he attends the service of the Parliament before the expiration of the leave.
All proceedings of the Parliament shall be recorded by the Clerk, and such records constitute the Minutes of Proceedings of the Parliament, and shall be signed by the Clerk.
The Clerk has the custody of the Minutes of Proceedings, records and documents laid before the Parliament, and shall not take any such Minutes of Proceedings, records or documents, or permit them to be taken, from the Chamber or offices, without the leave of the Speaker.
(1) Before each Sitting, the Clerk shall deliver to each Member a paper, called a Notice Paper, showing the matters to be brought before the Parliament.
(2) The Notice Paper shall also show Bills, motions and papers that stand referred to committees, together with notification of the times and places when and where the committees will meet to consider them.
PART VII. – SITTING, QUORUM AND ADJOURNMENT OF THE PARLIAMENT.
Unless otherwise ordered, the Parliament shall meet each Tuesday, Wednesday, Thursday and Friday at 10 a.m.
Upon the Speaker taking the Chair each day, and a quorum of Members being present–
(a) the Speaker; or
(b) a member, or any other person on the invitation of the Speaker,
shall read Prayers in accordance with the practice of Parliament.
A quorum for a Sitting of the Parliament or a Committee of the whole Parliament is one-third of the number of seats in the Parliament at the time.
(1) Subject to Subsection (2), if at the time appointed on any day fixed for the Sitting of the Parliament a quorum of Members is not present, the Speaker shall, before reading Prayers, adjourn the Parliament to the next Sitting day.
(2) If the Speaker is satisfied that there is likely to be a quorum within one hour he shall announce that he will take the Chair at a stated time within that hour.
(3) If at the time specified in Subsection (2) there is not a quorum the Speaker shall adjourn the Parliament to the next Sitting day.
(1) If any Member shall take notice that a quorum of Members is not present, the Speaker shall count the Parliament.
(2) The doors of the Parliament shall be unlocked whenever the Speaker is engaged in counting the Parliament, and the Bells shall be rung as for a vote.
(3) Subject to Subsection (4), if a quorum is not present within two minutes, the Speaker shall adjourn the Parliament to the next Sitting day.
(4) If the Speaker is satisfied there is likely to be a quorum within one hour, he shall announce that he will take the Chair at a stated time within that hour.
(5) If at the time specified in Subsection (4) there is not a quorum, the Speaker shall adjourn the Parliament to the next Sitting day.
(1) If a Member points out that a quorum of Members is not present, the Chairman shall count the Committee.
(2) The doors of the Parliament shall be unlocked whenever the Chairman is engaged in counting the Committee, and the Bells shall be rung as for a vote.
(3) Subject to Subsection (4), if a quorum is not present within two minutes the Chairman shall report the fact to the Speaker, who shall adjourn Parliament to the next Sitting day.
(4) If the Chairman is satisfied there is likely to be a quorum within one hour, he shall announce that he will resume the Chair at a stated time within that hour.
(5) If at the time specified in Subsection (4) there is not a quorum, the Chairman will report the fact to the Speaker who shall adjourn the Parliament to the next Sitting day.
(1) If it appears from a vote in the Parliament or the Committee that a quorum of Members is not present, no decision of the Parliament or the Committee shall be considered to have been arrived at by such a vote.
(2) The Speaker or the Chairman, if a quorum is obtained after taking action according to Standing Order 37(4) or Standing Order 38(4), shall again put the question to the Parliament or the Committee, as the case may be.
When the attention of the Speaker, or of the Chairman of the Committee, has been called to the fact that there is not a quorum of Members present, no Member, other than a party whip, shall leave the area within the seats allotted to Members until a quorum is present or two minutes have elapsed, whichever first happens.
Parliament can be adjourned only by its own resolution, except in the cases mentioned in Standing Orders 36, 37, 38, 44, 45 and 61, when the Speaker adjourns the Parliament without putting any question.
A motion for the adjournment of the Parliament may be moved only by a Minister, and no amendment can be moved to the motion.
(1) Unless the Parliament has previously adjourned, at 5 p.m. on Tuesdays and Thursdays, 8 p.m. on Wednesdays and 1 p.m on Fridays the Speaker shall, if a motion for adjournment of the Parliament has been moved, put the question “That the Parliament do now adjourn”, or if a motion for the adjournment of the Parliament has not been moved, interrupt the business then under consideration and adjourn the Parliament without any question being put.
(2) If at the time specified in Subsection (1) the Parliament is sitting as a Committee of the Whole, the Chairman shall, without putting any question interrupt the business then under consideration and report progress, and the Speaker shall then adjourn the Parliament without any question being put.
(3) If at the time specified in Subsection (1) a vote is in progress, the business shall not be interrupted until after the declaration of the result of the vote.
(4) If at the time specified in Subsection (1), or as the result of a vote in progress at that time, the Parliament or the Committee of the Whole has resolved “That the question be now put”, the Parliament shall not be adjourned or progress reported, as the case may be, until the question ordered to be put has been put and resolved.
At the end of the discussion of a matter of public importance under Section 109, the Speaker shall adjourn the Parliament without any question being put, except when the discussion is concluded after a period of less than one hour in which case the business of the day shall be resumed.
Standing Orders 44 and 45 do not apply on the last Sitting day of a meeting of the Parliament.
A motion for the purpose of fixing the next meeting of the Parliament may be moved by a Minister at any time without notice.
PART VIII. – MAINTENANCE OF ORDER.
Division 1.
Order.
Order shall be maintained in the Parliament by the Speaker, and in a committee by the Chairman of Committees, but disorder in the Committee may be censured by the Parliament only on receiving a report.
Whenever the Speaker rises during a debate, any Member then speaking, or offering to speak, shall sit down, and the Parliament shall be silent, so that the Speaker may be heard without interruption.
When the Speaker is putting a question, no Member may walk out of or across the Chamber.
When a Member is speaking, no Member may converse aloud or make any noise or disturbance to interrupt him.
Every Member shall make obeisance to the Chair in passing to or from his seat.
No Member may pass between the Chair and any Member who is speaking.
Every Member of the Parliament, when he comes into the Chamber, shall take his seat, and shall not at any time stand in any of the passages or gangways.
The Parliament will interfere to prevent the prosecution of any quarrel between Members arising out of debates or proceedings of the Parliament or a committee.
Division 2.
Disorder.
If any Member–
(a) persistently and wilfully obstructs the business of the Parliament; or
(b) is guilty of disorderly conduct; or
(c) uses objectionable words and refuses to withdraw them; or
(d) persistently and wilfully refuses to conform to these Standing Orders, or any of them; or
(e) persistently and wilfully disregards the authority of the Chair,
the Speaker may report to the Parliament that the Member has committed an offence.
If any Member in a Committee of the whole Parliament commits any of the offences referred to in Standing Order 56, the Chairman may suspend the proceedings in the Committee and report to the Parliament that the Member has committed the offence.
When a Member has been reported as having committed an offence referred to in Standing Order 56, he shall be called upon to stand up in his place and make any explanation or apology he thinks fit, and afterwards the Speaker may suspend him from the service of the Parliament.
If a Member is suspended, his suspension shall be–
(a) on the first occasion–for the remainder of that day’s Sitting; and
(b) on the second occasion within the same Meeting–for two Sitting days; and
(c) on the third or any subsequent occasion within the same meeting–for three Sitting days.
When a Member has been suspended, he shall not be permitted to enter the Chamber during the period of his suspension, and if during that period the Member enters the Chamber the Speaker may order any person to remove him from the Chamber.
In the case of grave disorder arising in the Parliament, the Speaker may, if he thinks it necessary to do so–
(a) adjourn the Parliament without a question being put; or
(b) suspend any Sitting for a time to be named by him.
PART IX. – RULES OF DEBATE.
Division 1.
Manner and Right of Speech.
Every Member desiring to speak shall rise and address himself to the Speaker.
By the indulgence of the Parliament, a Member unable conveniently to stand, by reason of sickness or infirmity, will be permitted to speak sitting.
When two or more Members rise together to speak, the Member called upon by the Speaker has the right to speak.
A Member may speak–
(a) to any question before the Chair that is open to debate; and
(b) when moving a motion that will be open to debate; and
(c) when moving an amendment; and
(d) when he rises to make a point of order; and
(e) on a matter of privilege; and
(f) on a matter submitted under Standing Order 109,
but not otherwise.
(1) A Minister may make a statement relating to matters of Government policy or public affairs.
(2) Immediately following such a statement, and at the discretion of the Speaker, Members may ask the Minister making the statement questions relevant to the subject-matter of the statement.
(3) The Opposition has a right of reply to a Ministerial statement on a motion “That the Parliament take note of the statement”, and the Chair may rule a closure motion out of order until the Opposition has been given the opportunity to reply.
(1) The Leader of the Opposition may make a statement relating to matters of Opposition policy or public affairs.
(2) Immediately following such a statement, and at the discretion of the Speaker, Members may ask the Leader of the Opposition questions relevant to the subject-matter of the statement.
(3) The Government has a right of reply to the Opposition Leader’s statement on a motion “That the Parliament take note of the statement”, and the Chair may rule a closure motion out of order until the Government has been given the opportunity to reply.
With leave from the Chair, a Member may explain matters of a personal nature, although there be no question before the Parliament, but such a matter may not be debated.
No Member may speak twice to a question before the Parliament, except in explanation or reply.
A Member who has spoken to a question may again be heard, to explain himself in regard to some material part of his speech that has been misquoted or misunderstood, but shall not introduce any new matter, or interrupt a Member who is addressing the Chair, and no debatable matter may be brought forward nor may any debate arise upon the explanation.
A reply shall be allowed to a Member who has moved a substantive motion or the second or third reading of a Bill, and the reply shall be confined to matters raised during the debate.
In all cases the reply of the mover of the original question closes the debate.
No Member may speak to any question after it has been put by the Speaker and the voices have been given in the affirmative and negative on it.
When a Member seconds a motion or amendment before the Parliament without speaking to it, he may address the Parliament on the subject of the motion or amendment at a later period during the debate.
No Member may allude to any debate or proceedings of the same meeting unless the allusion is relevant to the matter under discussion.
No Member may reflect upon any vote of the Parliament, except on a motion that the vote be rescinded.
No Member may use offensive words against Her Majesty the Queen, the Governor-General, a Member of the Parliament or a member of the Judiciary, but the Speaker shall interpret this rule in such manner as to permit adequate debate of all issues before the Parliament.
No Member may use offensive words against the Parliament or any Member of the Parliament, against any member of the Judiciary or, except for the purpose of moving for its repeal, against any statute.
All imputations of improper motives and all personal reflections on Members shall be considered highly disorderly.
When any offensive or disorderly words are used, whether by a Member who is addressing the Chair or by a Member who is present, the Speaker shall intervene.
When the attention of the Speaker is drawn to words used, he shall determine whether or not they are offensive or disorderly.
No Member may digress from the subject-matter of any question under discussion, except that–
(a) on the motion moved by a Minister, for the adjournment of the Parliament to terminate the Sitting–matters irrelevant to the motion may be debated; and
(b) on the motion for the second reading of a Bill to grant and apply a sum for the service of a year–matters relating to public affairs may be debated.
No Member may anticipate the discussion of any subject that appears on the Notice Paper, but in determining whether a discussion is out of order on the grounds of anticipation the Speaker shall have regard to the probability of the matter anticipated being brought before the Parliament.
Any Member may require the question or matter under discussion to be read by the Speaker or Chairman at any time during the debate, but not so as to interrupt a Member speaking, but this section does not apply when the terms of the question or matter have been circulated among Members.
No Member may interrupt another Member whilst speaking except–
(a) to call attention to a point of order or privilege suddenly arising; or
(b) to call attention to the want of a quorum; or
(c) to call attention to the presence of strangers; or
(d) to move a closure motion; or
(e) to move “That the discussion be concluded”.
(1) The Speaker, or the Chairman, after having called the attention of Parliament, or of the Committee, as the case may be, to the conduct of a Member who persists in irrelevance or tedious repetition, either of his own arguments or of the arguments used by other Members in debate, may direct him to discontinue his speech.
(2) The Member may require that the question whether he be further heard be put, in which case the question shall be put without debate.
Division 2.
Matters Not Open to Debate.
(1) The following matters are not open to debate, shall be moved without argument or opinion offered, and shall be immediately put from the Chair without amendment:–
(a) [repealed]
(b) a question that a Member be further heard (Standing Order 86(2)); and
(c) a motion for the adjournment of debate (Standing Order 88(2)); and
(d) a motion for extension of time for Member’s speech (Standing Order 92)); and
(e) a motion “That the question be now put” (Standing Order 93)); and
(f) a motion “That the discussion be concluded” (Standing Order 110(1)); and
(g) a question “That a Bill, be reported” (Standing Order 214(1)); and
(h) a motion “That the Chairman report progress” (Standing Order 234(1)); and
(i) a motion “That strangers be ordered to withdraw” (Standing Order 242(1)).
(2) If a question referred to in Subsection (1) is negatived, no similar proposal shall be received if the Speaker or the Chairman is of the opinion that it is an abuse of the orders or forms of the Parliament, or is moved for the purpose of obstructing business.
Division 3.
Adjournment of Debate.
(1) A Member who has not spoken to the question, or who has the right of reply, may move the adjournment of the debate.
(2) The question shall be put immediately and determined without amendment or debate.
The Member on whose motion a debate is adjourned by the Parliament is entitled to be first called on the resumption of the debate.
If a motion for the adjournment of the debate on any question is negatived, the Member moving the motion may address the Parliament at a later period during the debate.
Division 4.
Time Limits for Speeches and Debates.
The maximum period for which a Member may speak on any subject referred to in the table in this section, and the maximum period for any debate, shall not, unless otherwise ordered, exceed the period specified opposite the subject in the following table:–
IN THE PARLIAMENT.
Subject. | Time. |
---|---|
Address in reply– | |
Each Member | 15 minutes |
Discussion of matter of public importance– | |
Proposer | 15 minutes |
Minister first speaking | 15 minutes |
Any other Member | 10 minutes |
Grievance Debate– | |
Each Member | 10 minutes |
Motion for adjournment of the Parliament– | |
Each Member | 10 minutes |
Second reading of a Bill– | |
Mover | 45 minutes |
Any other Member | 20 minutes |
Debates not otherwise provided for– | |
Mover of a motion | 30 minutes |
Any other Member | 20 minutes |
IN THE COMMITTEE.
Subject. | Time. |
---|---|
Each question before the Chair– | |
Member in charge of a Bill | not specified |
Other Members–two periods each not exceeding | 15 minutes |
With the consent of a majority of the Parliament or of the Committee, to be determined without debate, a Member may be allowed to continue a speech interrupted under Standing Order 91 (except a speech in discussion of a matter of public importance, grievance debate and the budget debate) for one period not exceeding 5 minutes.
Division 5.
Closure.
(1) After any question has been proposed from the Chair, either in the Parliament or the Committee, a motion may be made by any Member, rising in his place, and without notice, and whether any other Member is addressing the Chair or not, “That the question be now put”.
(2) Unless it appears to the Chair that the motion is an abuse of the rules of the Parliament or an infringement of the rights of the minority, a motion referred to in Subsection (1) shall be put immediately and decided without amendment or debate.
Division 6.
Points of Order and Speaker’s Rulings.
(1) Any Member may at any time raise, in the form of a question, a point of order.
(2) Until disposed of, a point of order suspends the consideration and decision of every other question.
(3) If a Member persistently raises points of order unnecessarily and in a manner that disturbs the proceedings of Parliament, the Speaker may withdraw the Member’s privilege to raise points of order for the remainder of the day.
On a question of order being raised, the Member called to order shall resume his seat, and after the question of order has been stated to the Speaker by the Member rising to the question of order the Speaker shall give his ruling on it.
(1) If an objection is to be taken to a ruling of the Speaker, the objection must be taken at once, and a motion of dissent to be submitted in writing, moved.
(2) If a motion of dissent referred to in Subsection (1) is seconded, it shall be proposed to the Parliament, and debate on it shall proceed immediately.
PART X. – PRIVILEGE.
A Member may rise at any time to speak upon a matter of privilege suddenly arising, and may on that occasion request the Speaker to refer the breach of privilege of which he complains to the Committee of Privileges.
(1) Not later than the next Sitting day after a Member has requested the Speaker to refer a complaint under Standing Order 97, the Speaker shall state that he has referred the complaint, or that he has not and does not propose to refer the complaint, to the Committee of Privileges.
(2) If the Speaker has not referred the complaint, the Member who has raised the matter may thereupon move without notice a motion referring the matter to the Committee of Privileges.
If a matter of privilege is raised in the Committee of the whole Parliament, the Chairman shall leave the Chair on an order to report progress.
Until disposed of, or unless the debate on the motion is adjourned, a motion on a matter of privilege, whenever arising, suspends the consideration and decision of any other question.
Any Member complaining to the Parliament of a statement in a newspaper, book or other publication as a breach of privilege must produce a copy of the newspaper, book or other publication containing the statement in question, and must be prepared to give the name of the printer or publisher.
Proceedings for an offence against the Parliamentary Powers and Privileges Act 1964 shall be brought only upon the adoption by the Parliament of a report from the Committee of Privileges recommending that such proceedings be instituted.
PART XI. – BUSINESS.
Division 1.
Routine and Order of Business.
The Parliament shall proceed each day with its ordinary business in the following order:–
(a) Prayers;
(b) messages and communications from the Governor-General;
(c) presentation of petitions;
(d) the giving of notices of motion;
(e) questions without notice (45 minutes);
(f) Grievance Debate (on Fridays only);
(g) the presentation of papers;
(h) Ministerial statements;
(i) proposals to discuss matters of public importance;
(j) notices and Orders of the Day.
Reports of permanent and select committees and papers may be presented at any time when other business is not before the Parliament.
Unless otherwise ordered, Government business has precedence over all other business, except that on Thursdays private business has precedence over Government business.
The Prime Minister or a Minister designated by him may determine the order in which notices and Orders of the Day on the Notice Paper shall be considered, except on Thursday when the Private Business Committee may so determine.
When a Minister or the Private Business Committee exercises the power conferred by Standing Order 106, he or it shall advise the Speaker and the Clerk of his or its determination not later than two hours before the Parliament meets, and the Clerk shall, without delay, advise Members of the determination.
Division 2.
Grievance Debate.
(1) On each sitting Friday, immediately after questions have been asked the Speaker shall propose a question “That grievances be noted”, to which question any Member may address the Parliament.
(2) No amendment shall be moved to the question.
(3) If consideration of the question has not been concluded at 1 p.m., the debate on it shall be interrupted and the Speaker shall put the question.
Division 3.
Matter of Public Importance.
(1) A Member may propose to the Speaker that a definite matter of public importance be submitted to the Parliament for discussion.
(2) The Member proposing the matter shall present to the Speaker, at least one hour before the time fixed for the meeting of the Parliament a written statement of the matter proposed to be discussed.
(3) If the Speaker determines that it is in order, he shall read it to the Parliament.
(4) The proposed discussion must be supported by nine Members, including the proposer, rising in their places as indicating approval.
(5) Discussion of the matter shall thereupon be postponed until 3.30 p.m. that day.
(6) At the appointed time the Speaker shall interrupt the business then under consideration, state the matter of public importance to the Parliament, and call on the Member who has proposed the matter to speak.
(1) At any time during the discussion, a motion “That the discussion be concluded” may be made by any Member, without notice, and the motion shall be put immediately without amendment or debate.
(2) A motion under Standing Order 88 or 93 is not in order.
In the event of more than one matter being presented for the same day, priority shall be given to the matter that, in the opinion of the Speaker, is the most urgent and important, and no other proposed matter shall be read to the Parliament that day.
Division 4.
Leave of the Parliament or a Committee.
Leave of the Parliament or a committee must be granted without any dissentient voice.
PART XII. – PETITIONS.
Every petition shall be lodged with the Clerk at least three hours before the sitting of the Parliament at which it is proposed to present it.
When presented, a petition must bear the Clerk’s certificate that it is in conformity with the Standing Orders.
A petition referring to a motion or an order of the day may be presented when the motion or order of the day is called on or read for the first time.
All petitions shall be received only as the petitions of the parties signing the same.
(1) A petition must–
(a) be fairly written, typewritten, printed or reproduced by mechanical process, without interlineation or erasure; and
(b) contain a solemn request at the end of it; and
(c) be in the English language, or be accompanied by a translation certified to be correct by the Member who presents it; and
(d) be signed by at least one person on the sheet on which the petition is inscribed; and
(e) subject to Subsection (2), be signed by the parties whose names are appended to it, by their own hand, and by no one else, except in the case of incapacity by sickness.
(2) Persons unable to write shall affix their marks in the presence of a witness, who shall, as such, affix his signature.
Every signature shall be written upon the petition or upon sheets containing the solemn request of the petition, and not pasted upon or otherwise transferred to it.
Petitions of corporations aggregate shall be made under their common seal.
No letters, affidavits or other documents may be attached to any petition.
No references may be made in a petition to any debate in the Parliament.
Every petition shall be respectful, decorus and temperate in its language, and shall not contain irrelevant statements.
Petitions can only be presented to Parliament by a Member, and a Member cannot present a petition from himself.
A Member presenting a petition to Parliament shall affix his name at the beginning of it.
A Member lodging a petition shall take care that it is in conformity with the Standing Orders of the Parliament.
Every Member presenting a petition to the Parliament shall confine himself to a statement of the parties from whom it comes, of the number of signatures attached to it, and of the material allegations contained in it, and to the reading to the solemn request of such petition.
A petition, which according to the Standing Orders of the Parliament can be received, shall be brought to the Table, and no discussion upon the subject-matter of it shall be allowed.
The only questions considered by the Parliament on the presentation of a petition shall be–
(a) “That the petition be received”; or
(b) “That the petition be received and read”; or
(c) “That the petition be referred to the Committee on . . .” (in the case of a petition respecting any subject then under consideration by a committee).
PART XIII. – NOTICES OF MOTION.
Government notice of motion shall be given by a Minister by–
(a) stating its terms to the Parliament and delivering a copy to the Clerk; or
(b) delivering a copy of its terms to the Clerk.
(1) A private notice of motion shall be submitted to the Chairman of the Private Business Committee.
(2) The notice must be signed by the Member and seconder.
(3) After determining that a notice of motion is in order under Standing Order 22, the Private Business Committee shall deliver a copy of its terms to the Clerk.
(4) For the purposes of this Standing Order, a notice of motion of no confidence given under Section 145 of the Constitution is a private notice of motion and shall have precedence on Private Business day.
On receipt of a notice of motion under Standing Order 129 or 130, the Clerk shall, at the first convenient opportunity, report the terms of the notice of motion to the Parliament.
Notices given under Standing Order 129, 130 or 191 shall be entered by the Clerk on the Notice Paper in the order in which they were reported to the Parliament.
If a notice of motion that contains matters not relevant to each other is given, the Speaker may instruct the Clerk to divide the notice into two at more notices.
A notice of motion that contains unbecoming expressions, or that offends against any Standing Order of the Parliament, shall be amended by the Speaker before it appears on the Notice Paper.
(1) A Member who has given a notice of motion may alter its terms by notifying the Clerk, in writing, within such time as will enable the alteration to be made in the Notice Paper.
(2) The alteration of terms shall be reported to the Parliament by the Clerk at the first convenient opportunity, and shall not be made in the Notice Paper unless it has been so reported.
A Member who has given a notice of motion may withdraw the notice by notifying the Clerk, in writing, at any time before the time proposed for moving the motion.
If at the end of three successive meetings following the meeting at which it first appeared on the Notice Paper a notice of motion (private business) has not been moved, it shall be withdrawn from the Notice Paper.
A notice of motion becomes effective only when it appears on the Notice Paper.
PART XIV. – QUESTIONS SEEKING INFORMATION.
Division 1.
General Rules for Questions and Answers.
Questions may be put to a Minister relating to–
(a) public affairs with which he is officially connected; or
(b) proceedings pending in the Parliament; or
(c) any matter of administration for which he is responsible.
Questions may be put to a Member, not being a Minister, relating to any Bill, motion or other public matter connected with the business of the Parliament of which the Member has charge.
The following general rules apply to questions:–
(a) a question cannot be debated; and
(b) a question should not contain–
(i) statements of facts or names of persons unless they are strictly necessary to make the question intelligible and can be authenticated; or
(ii) arguments; or
(iii) inferences; or
(iv) imputations; or
(v) epithets; or
(vi) ironical expressions; or
(vii) hypothetical matter;
(c) questions should not ask a Minister–
(i) for an expression of opinion; or
(ii) to announce the Government’s policy (but a question may seek an explanation regarding the policy of the Government and its application, or may ask the Prime Minister whether the statement of a Minister in the Parliament represents Government policy); or
(iii) for legal opinion;
(d) a question shall not refer to–
(i) current debates; or
(ii) proceedings in Committee not reported to the Parliament;
(e) a question shall not anticipate discussion on an Order of the Day or other matter.
The Speaker may direct that the language of a question be changed if it seems to him unbecoming or not in conformity with the Standing Orders of the Parliament.
(1) Questions shall not be asked that reflect on or are critical of the character or conduct of persons whose conduct may only be challenged on a substantive motion.
(2) Notice must be given of questions critical of the character or conduct of other persons.
An answer shall be relevant to the question, and in answering a question a Member shall not debate the subject to which it refers.
A question fully answered cannot be renewed.
Division 2.
Questions Without Notice.
(1) Questions may be asked without notice.
(2) At the discretion of the Speaker, supplementary questions may be asked to elucidate an answer.
(3) The time allotted to questions without notice shall not exceed 45 minutes on a Sitting day.
By leave of the Chair, a question without notice may be put to the Speaker relating to any matter of administration for which he is responsible.
Division 3.
Questions on Notice.
(1) Notice of a question shall be given by a Member delivering it to the Clerk within such time as, in the opinion of the Speaker, will enable the question to be printed.
(2) The question shall be clearly written and signed by the Member.
The Clerk shall place notices of questions, in the order in which they were received by him, on the Question Paper, which shall be delivered by the Clerk to each Member.
(1) The reply to a question on a notice shall be given by delivering it to the Clerk, who shall supply a copy of it to the Member who asked the question.
(2) The question and reply shall be printed in Hansard.
PART XV. – MOTIONS, QUESTIONS, VOTES AND RESOLUTIONS.
(1) Subject to the Standing Orders of the Parliament, a Member shall not, except by leave of the Parliament, move a motion except in accordance with a notice appearing on the Notice Paper.
(2) Leave for the purposes of Subsection (1) may be sought only after the Member has read the motion to the Parliament or caused it to be circulated to Members.
(1) Subject to Standing Orders 105 and 106, motions have precedence of each other according to the order in which they appear on the Notice Paper.
(2) A motion may be postponed on motion without notice.
Subject to Section 132, if at the adjournment of the Parliament any motions on the Notice Paper have not been called on the motions shall remain on the Notice Paper.
Precedence will be ordinarily given by courtesy to a motion for a vote of thanks of the Parliament or of condolence.
If a Member is not in his place when the notice of motion given by him is called on, it shall be withdrawn from the Notice Paper, unless the Parliament orders that it be postponed.
If when the notice of motion given by him is called on a Member fails to rise and move the motion, it shall be withdrawn from the Notice Paper unless the Parliament orders that it be postponed.
A motion not seconded may not be further discussed, and no entry of it shall be made in the Minutes.
After a motion has been moved it shall be deemed to be in the possession of the Parliament, and cannot be withdrawn without leave.
A matter on the Notice Paper must not be anticipated by another matter contained in a less effective form of proceeding.
(1) A motion that has been superseded, or withdrawn by leave of the Parliament, may be moved again during the same Session.
(2) A notice of motion which has been withdrawn or moved and negatived cannot be again given or moved in the same substance at the same meeting at which it was withdrawn or moved and negatived.
As soon as the debate upon a question has been concluded, the Speaker shall put the question to the Parliament.
The Parliament or the Committee may order a complicated question to be divided.
A question being put shall be resolved in the affirmative or negative by the majority of voices, “Aye” or “No”.
The Speaker shall state whether, in his opinion, the “Ayes” or the “Noes” have it, and if his opinion is challenged the question shall be decided by vote.
The Speaker, or subject to Standing Order 213 the Chairman of Committees, may, in his discretion, disallow any motion or amendment that is the same in substance as any question that, during the previous 12 months, has been resolved in the affirmative or negatived, unless the order, resolution or vote on the question has been rescinded.
PART XVI. – AMENDMENTS.
A question that has been proposed may be amended by–
(a) omitting certain words only; or
(b) omitting certain words in order to insert or add other words; or
(c) inserting or adding words.
An amendment to any motion before the Parliament must, for the purpose of record, be in writing and signed by the mover and seconder.
An amendment must be relevant to the question that it is proposed to amend.
An amendment moved but not seconded shall not be entertained by the Parliament or entered in the Minutes.
No amendment shall be moved that is inconsistent with a previous decision on the question.
No amendment may be moved to any part of a question after a later part has been amended, or after a question has been proposed on an amendment to it, unless the proposed amendment has, by leave of the Parliament, been withdrawn.
An amendment proposed must be disposed of before another amendment to the original question can be moved.
A proposed amendment may, by leave, be withdrawn.
Amendments may be moved to a proposed amendment as if the proposed amendment were an original question.
When amendments have been made, the main question shall be proposed as amended.
When amendments have been moved but not made, the question shall be proposed as originally proposed.
PART XVII. – ORDERS OF THE DAY.
(1) Subject to Standing Orders 105 and 106, Orders of the Day have precedence over each other according to the order in which they appear on the Notice Paper.
(2) An Order of the Day may be postponed on motion without notice.
If at the adjournment of the Parliament any Orders of the Day on the Notice Paper have not been called on, they shall remain on the Notice Paper.
On an Order of the Day being read, it may, on motion without notice moved by the Member in charge of it, be discharged.
PART XVIII. – VOTING.
A vote called for under Standing Order 164 shall be taken by each Member standing in his place in accordance with Standing Order 184.
A vote shall not be proceeded with unless more than one Member has called for a vote.
A Member calling for a vote shall not leave the area within the seats allotted to Members, and shall vote with those who, in the opinion of the Speaker, were in the minority when the voices were taken.
(1) Before a vote is taken, the Clerk shall ring the Bells and turn a two-minute sand-glass (to be kept on the Table for that purpose) and the doors shall not be closed until after the lapse of two minutes as indicated by the sand-glass.
(2) The doors shall be closed and locked after the lapse of two minutes, and then no Member shall enter or leave the Chamber until after the vote.
(1) When the doors have been locked and all the Members are in their places, the Speaker shall state the question to the Parliament and then direct the “Ayes” to stand, and after the “Ayes” have been counted direct the “Noes” to stand.
(2) A Member standing to be counted shall not sit until the Clerk has recorded his vote and then called his name.
(3) A Member shall not move from his place until the result of the vote is announced.
(4) The Clerk shall make a list of the names of the Members voting, and shall show in the list how each has voted.
The Clerk shall hand the list made under Standing Order 184(4) to the Speaker, who shall declare the result of the voting to the Parliament.
The Clerk shall enter in the Minutes the particulars of the list made under Standing Order 184(4).
Every Member present in the Chamber when the question is stated shall vote, except the Speaker or other Member presiding, who shall have a casting vote.
In case of confusion or error concerning the counting of votes on a question, unless a correction can otherwise be made the Parliament shall again vote on the question.
If complaint is made to the Parliament that a vote has been inaccurately recorded, the Speaker shall cause the Minutes, if inaccurate, to be corrected.
Any reasons stated by the Speaker for his casting vote shall be entered in the Minutes.
PART XIX. – BILLS.
Division 1.
Initiation.
(1) A Bill shall be initiated–
(a) by the Parliament giving leave to bring in a Bill, specifying its title; or
(b) on the calling on of a notice of presentation; or
(c) in accordance with Standing Order 237.
(2) Notice of intention to present a Bill shall be given by a Member by–
(a) stating its terms to the Parliament and delivering a copy to the Clerk at the Table; or
(b) delivering a copy of its terms to the Clerk.
(3) A notice of intention to present a Bill shall–
(a) specify its title; and
(b) be signed by the Member and at least one other Member.
(4) A notice of intention to present a Bill that is given by delivering a copy of its terms to the Clerk shall be reported to the Parliament by the Clerk at the first convenient opportunity, and shall not be entered by the Clerk on the Notice Paper unless it has been so reported.
Division 2.
Bills Generally.
A Member bringing in a Bill in accordance with Standing Order 191 shall present to the Parliament a fair copy signed by him.
The title shall agree with the order of leave or the notice of presentation, and clauses shall not be included in a Bill that do not come within its title.
A Bill not prepared according to the Standing Orders of the Parliament shall be ordered to be withdrawn.
No Bill shall be submitted to the Speaker for his certification under Standing Order 221 until it has been read three times and, unless otherwise ordered by the Parliament, considered in Committee of the whole Parliament after the Second Reading.
On every order for the reading of a Bill, the title only shall be read by the Clerk.
Division 3.
Presentation and First Reading.
(1) To present a Bill, a copy of the Bill shall be laid upon the Table accompanied by such documents as the originator of the Bill thinks necessary for the information of the Parliament.
(2) The accompanying documents shall not be removed from the Table until the Bill to which they relate has been passed or otherwise disposed of.
On the presentation of a Bill by a Member, it shall be read a first time without any question being put.
Division 4.
Second Reading.
(1) When a Bill has been read a first time, the next stage is a motion “That the Bill be now read a second time”.
(2) On this motion the general merits and principles, but not the details, of the Bill may be debated, and no amendment to the motion may be moved.
(1) For the purposes of this section, a Bill shall be deemed to have been circulated–
(a) during a meeting of the Parliament–when the Clerk causes a copy to be placed on the desk or in the office of every Member; or
(b) at other times–when the Clerk causes a copy to be posted to every Member,
but the posting of a copy of a Bill to a Member less than 14 days before the day fixed for a meeting of the Parliament does not constitute circulation of the Bill.
(2) If–
(a) a copy of the Bill has been circulated to every Member at least 21 days before its presentation; or
(b) the Bill is one specified in Standing Order 237; or
(c) leave is granted for the Second Reading to be moved immediately,
the Second Reading may be moved immediately after the Bill has been read a first time, but under no circumstance shall the Second Reading be moved until the Bill has been printed and circulated to every Member.
(3) If Subsection (1) has not been complied with, after the First Reading the Second Reading shall be adjourned without any question being put, and the Second Reading shall not be moved on a future day unless that subsection has been complied with.
At the conclusion of the speech of the Member moving the Second Reading, he may, in his discretion, and for such time as he determines, answer questions directed to him with respect to the provisions of the Bill.
If the question “That the Bill be now read a second time” is negatived, this finally disposes of the Bill.
Division 5.
Proceedings Following Second Reading.
Immediately after the Second Reading–
(a) a message, in accordance with Standing Order 240(4), recommending an appropriation of revenue or money in connection with the Bill may be announced; and
(b) a motion “That the Bill be referred to the . . . Committee” may be moved; and
(c) unless a motion referring the Bill to a committee has been agreed to the Parliament shall either–
(i) grant leave for the question “That the Bill be now read a third time” to be moved forthwith; or
(ii) immediately resolve itself into a Committee of the Whole for the consideration of the Bill.
A motion for referring a Bill to a committee shall not be moved after the Bill has been reported under Standing Order 214 to the Parliament by the Chairman of the Committee of the Whole.
When a Bill has been referred to a committee and reported, a time shall be fixed on the motion without notice of the Member in charge of the Bill for the consideration in a Committee of the Whole of the Bill as reported.
Division 6.
Proceedings in Committee of the Whole.
(1) Subject to Subsections (2) and (3), unless the Committee granted leave “That the Bill be taken as a whole” the following order shall be observed in considering a Bill and its title:–
(a) clauses as printed and new clauses, in their numerical order;
(b) schedules as printed and new schedules, in their numerical order;
(c) postponed clauses (not having been specially postponed until after certain other clauses);
(d) the preamble;
(e) the title,
and in reconsidering the Bill on recommittal the same order shall be followed.
(2) In considering an Appropriation or Supply Bill, any schedule expressing the services for which the appropriation is to be made shall be considered before the clauses and, unless the Committee otherwise orders, that schedule shall be considered by proposed expenditures in the order in which they are shown.
(3) In considering a Bill to impose taxation, any schedule shall be considered before the clauses.
(1) In committee, the title and the preamble of a Bill stand postponed without question proposed, and the clauses shall be considered in their order, a question being proposed by the Chairman on each clause “That the clause be agreed to”.
(2) The words of enactment at the head of the Bill shall not be put to the Committee.
An amendment may be moved to any part of a Bill, provided it is within the title or relevant to the subject matter of the Bill and is otherwise in conformity with the Standing Orders of the Parliament.
The discussion, shall be confined to the clause or amendment before the Committee.
If a clause is amended, a further question shall be proposed “That the clause, as amended, be agreed to.”
A clause, or a clause which has been amended, may be postponed.
If an amendment has been made in a Bill that necessitates an amendment of the title–
(a) the title shall be amended; and
(b) a question shall be proposed “That the title, as amended, be the title of the Bill”; and
(c) the amendment of the title shall be specially reported to the Parliament.
No amendment or new clause or schedule shall be at any time moved–
(a) that is substantially the same as one already negatived by the Committee; or
(b) that is inconsistent with one that has been already agreed to by the Committee,
unless a recommittal of the Bill has intervened.
Division 7.
Report, Recommittal and Adoptions.
(1) When a Bill has been fully considered, the question shall be put immediately, and determined without amendment or debate, “That the Bill (or the Bill as amended) be reported”.
(2) If the question referred to in Subsection (1) is agreed to, the Chairman shall leave the Chair and report the Bill, and the report may, on motion, be adopted immediately.
(1) On the report from the Committee or on the motion for the adoption of the report, a Bill may, on motion by any Member, be recommitted in whole or in part.
(2) When the Bill is again reported, the report from the Committee may, on motion, be adopted immediately.
No notice may be taken of any proceedings of a Committee of the Whole, or of a committee on a Bill, until the proceedings have been reported and adopted under Standing Order 214 or 215.
Division 8.
Third Reading, Passing, etc.
(1) When the report on a Bill is finally adopted, the Third Reading of the Bill may be moved immediately or made an Order of the Day for a future time.
(2) No amendment may be moved to such question.
If the question “That the Bill be now read a third time” is negatived, this finally disposes of the Bill.
After the Third Reading no further question shall be put, and the Bill has passed the Parliament and is an Act.
Amendments of a verbal or formal nature may be made, and clerical or typographical errors may be corrected, in any part of a Bill by the Clerk acting with the authority of the Chairman of Committees.
Division 9.
Certification as to Making of Laws.
Every Act made by the Parliament shall be presented to Mr Speaker for certification under the National Seal, having been first certified by the signature of the Clerk as having been passed by the Parliament.
(1) Whenever the Governor-General returns an Act (which has not come into operation in accordance with Section 110(2) (certification as to making of laws) of the Constitution) together with amendments proposed by the National Executive Council (in accordance with Section 110(3) of the Constitution), a time shall be fixed for taking the amendments into consideration in the Committee of the Whole.
(2) An Act that has come into operation in accordance with Section 110(2) of the Constitution can be amended only by the passing of an amending Bill presented in accordance with this Part.
(3) When amendments recommended by the Governor-General to an Act have been agreed to by the Parliament, with or without amendment, the Act shall be printed and presented to Mr Speaker in the manner provided in Standing Order 221.
PART XIXA. – CONSTITUTIONAL LAWS.
222A. PRESENTATION OF PROPOSED LAW.
(1) The mover in charge of a Proposed Law shall present a signed copy of it to the Clerk.
(2) The Clerk shall read the Proposed Law a first time.
(3) The Proposed Law shall stand referred to the Permanent Parliamentary Committee on Constitutional Laws and Acts for its report in accordance with the practice of Parliament.
222B. FIRST REQUIRED OPPORTUNITY FOR DEBATE (SECOND READING).
(1) The Speaker shall table reports, if any, on the Proposed Law from the Permanent Parliamentary Committee on Constitutional Laws and Acts.
(2) The mover may make his second reading speech and open the debate to be referred to as the first opportunity for debate as required by the Constitution.
(3) The debate may be adjourned from time to time, as decided by the Parliament.
(4) Amendments to the Proposed Law must be circulated before the conclusion of the first opportunity for debate.
222C. COMMITTEE STAGE.
(1) At the conclusion of the first opportunity for debate, if any amendments have been circulated in accordance with 222B above, the Parliament shall resolve itself into a Committee of the Whole for consideration of amendments to the Proposed Law.
(2) The normal rules of debate shall be adhered to in the Committee stages and only a question on each amendment shall be put.
(3) At the end of the consideration of all the amendments, whether agreed to or not, the Chairman shall report to the Speaker without any question being put.
222D. FIRST VOTE.
(1) On the report of the Chairman of Committees the Speaker shall put the question “That the Proposed Law, (with or without amendments), be agreed to”. The question shall be decided by a vote, referred to as the First Vote, in accordance with the requirements of the Constitution.
(2) If no amendments have been circulated in accordance with 222D above, the mover may seek leave to move “That the Proposed Law be now agreed to, without amendments”, and such question shall be decided by a vote to be referred to as the First Vote, in accordance with the requirements of the Constitution.
(3) The First Vote to be recorded, must be supported by the majority prescribed by the Constitution.
(4) If the Proposed Law does not receive the support of the required majority, it lapses.
222E. ADJOURNMENT FOR SECOND REQUIRED OPPORTUNITY FOR DEBATE–(THIRD READING).
(1) If the Proposed Law is supported by the required majority in the First Vote, the Speaker shall order the third reading be adjourned without question for at least two months as required by the Constitution.
(2) During the adjournment the Permanent Parliamentary Committee on Constitutional Laws and Acts may re-examine the Proposed Law, with or without amendments, and report to the Parliament.
222F. SECOND REQUIRED OPPORTUNITY FOR DEBATE–(THIRD READING).
Following the required period of adjournment, and when the order of the day is on–
(a) the Speaker shall table further reports on the Proposed Law, if any, from the Permanent Parliamentary Committee on Constitutional Laws and Acts; and
(b) the mover may move “That the Proposed Law be now read a third time” and make his speech to open the debate, to be referred to as the second opportunity for debate, as required by the Constitution.
222G. SECOND VOTE.
(1) At the conclusion of the debate, the Speaker shall put the question “That the Proposed Law be now read a third time”.
(2) The question shall again be determined by a vote, to be referred to as the Second Vote.
(3) The Second Vote shall be recorded and must be supported by the majority prescribed in the Constitution.
(4) If the Proposed Law is supported by the required majority it shall be read a third time, and shall become law on the certification by the Speaker.
(5) If the Proposed Law does not receive the support of the required majority, it lapses.
PART XX. – COMMITTEE OF THE WHOLE PARLIAMENT.
A Committee of the Whole shall be appointed by resolution “That the Parliament resolve itself into a Committee of the Whole” either immediately or at a future time.
When proceeding under Standing Order 203(c)(ii), or when an Order of the Day relating to a matter that stands committed to a Committee of the whole Parliament is reached–
(a) the Parliament shall resolve itself into a Committee of the whole Parliament; and
(b) the Speaker shall leave the Chair,
without a question being put.
As soon as the Speaker has left the Chair, the Chair of the Committee at the Table shall be taken in accordance with Standing Order 18.
A Committee shall consider such matters only as have been referred to it by the Parliament.
Every question in the Committee shall be decided in the same manner as in the Parliament, but the Chairman has only a casting vote and any reasons stated by him for exercising it shall be entered in the Minutes.
A vote may be demanded and taken in the Committee in the same manner as in the Parliament.
A motion contradicting a previous decision of the Committee shall not be entertained in the same Committee.
A motion moved in the Committee need not be seconded.
(1) Except as provided by these Standing Orders, the same rules for regulating the conduct of business shall be observed in the Committee as in the Parliament itself, and the Chairman of Committees has the same authority as the Speaker for the preservation of order.
(2) Disorder in the Committee may be censured by the Parliament only on receiving a report.
If any sudden disorder arises in the Committee, the Speaker may resume the Chair.
A Committee may not adjourn its own Sitting or the consideration of any matter to a subsequent Sitting.
(1) A motion may be moved during the proceedings of a Committee “That the Chairman do report progress and ask leave to sit again”, and the question shall be put immediately and decided without amendment or debate.
(2) When the Chairman reports to the Parliament, the Speaker shall put a question to enable the Parliament to resolve itself again into the Committee either at a later hour during that Sitting or at a subsequent Sitting.
When all matters referred to a Committee have been considered, the Chairman shall be directed to report them to the Parliament.
The resolutions reported from a Committee may be taken into consideration immediately and may be–
(a) agreed to or disagreed to by the Parliament; or
(b) recommitted to the Committee,
or the further consideration of them may be postponed.
PART XXI. – FINANCIAL PROCEDURES.
An Appropriation or Supply Bill, or a Bill or proposal the principal provisions of which deal with taxation, may be submitted to the Parliament by a Minister without notice.
(1) A proposal for the appropriation of any public money shall not be made unless the purpose of the appropriation has in the same Session been recommended to the Parliament by a message from the Governor-General.
(2) An amendment of any such proposal shall not be moved if it would increase, or extend the objects and purposes or alter the destination of, the appropriation so recommended unless a further message is received.
(1) A proposal for the imposition, or for the increase or alleviation, of a tax or duty, or for the alteration of the incidence of such a charge, shall not be made except by a Minister.
(2) No Member, other than a Minister, may move an amendment to increase or extend the incidence of the charge defined in that proposal, unless the charge so increased or the incidence of the charge so extended exceeds that already existing by virtue of an Act of the Parliament.
(1) An appropriation message from the Governor-General shall be announced by the Speaker, but not during a debate or so as to interrupt a Member whilst he is speaking.
(2) A message recommending an appropriation of revenue or moneys for an Appropriation or Supply Bill shall be announced before the Bill to which it relates is presented.
(3) A Bill, other than an Appropriation or Supply Bill, that requires an appropriation message from the Governor-General under Standing Order 238 may be presented and proceeded with (subject to Part XIX) before the message is announced.
(4) In a case to which Subsection (3) applies, the message shall be announced after the Bill has been read a second time.
(5) A message recommending an appropriation of revenue or moneys for the purposes of an amendment to be moved to a Bill shall be announced before the amendment is moved.
PART XXII. – STRANGERS.
(1) Only the Speaker has the privilege of admitting strangers into the Speaker’s Gallery.
(2) The Speaker may, with the concurrence of the Parliament, admit distinguished strangers to a seat on the floor of the Parliament.
(1) If at any sitting of the Parliament, or in Committee, any Member takes notice that strangers are present, the Speaker or the Chairman, as the case may be, shall immediately put the question “That strangers be ordered to withdraw”, which shall be decided without debate.
(2) The Speaker or the Chairman may, whenever he thinks fit, order the withdrawal of strangers from any part of the Chamber.
While the Parliament or a Committee of the Whole is sitting, no Member may bring any stranger into any part of the Chamber set aside for Members of the Parliament.
PART XXIII. – PAPERS AND DOCUMENTS.
Papers may be presented by the Speaker or any Minister or pursuant to statute, and such papers shall be considered public.
Unless it is stated to be of a confidential nature, a document relating to public affairs quoted by a Minister shall, if required by the Parliament, be laid on the Table.
(1) When a paper is presented to the Parliament, as provided in this Part, a Member may move without notice–
(a) that the Parliament take note of the paper; or
(b) that the paper be referred to the . . . Committee; or
(c) that the paper be incorporated in Hansard.
(2) If a motion referred to in Subsection (1)(b) is not moved at the time of presentation, it may be moved, on notice, on a subsequent day.
PART XXIV. – SELECT COMMITTEES.
All select committees shall be appointed on motion, and shall consist of the mover and other Members to be nominated.
Members may be discharged from attending a committee, and other Members may be appointed, after notice has been given.
Except with his consent, Mr Speaker or the Deputy Speaker shall not be chosen to serve an a select committee.
No Member may sit on a committee if he is personally interested in the inquiry before the committee.
(1) On the appointment of every committee, a day shall by fixed for the reporting of its proceedings to the Parliament, by which day the final report of the committee shall be brought up by the Chairman, unless further time be moved for and granted.
(2) The Parliament may at any time before the day fixed under Subsection (1) receive the final report of the committee.
(1) In all committees, a quorum is three, unless otherwise ordered.
(2) If at any time the quorum is not present, the Chairman shall–
(a) suspend the proceedings of the committee until a quorum is present; or
(b) adjourn the committee.
If, after a lapse of a quarter of an hour from the time appointed for the meeting of a committee, there is not a quorum–
(a) the Members present may retire, and their names shall be entered in the minutes; and
(b) the clerk attending the committee shall issue notices for the next meeting.
The mover of the motion for the committee shall fix the time for the first meeting of the committee.
(1) Before the commencement of business, every committee shall elect one of its Members to be Chairman.
(2) The Chairman shall have only a casting vote.
(1) An entry shall be made in the proceedings of the names of the Members attending each committee meeting, and of every motion or amendment moved in the committee, together with the name of the mover.
(2) If a vote takes place in the committee, the Chairman shall record the names of the Members voting, showing the side of the question on which they each vote.
A committee may adjourn from time to time, and from place to place, and may meet during any Sitting or adjournment of the Parliament.
The Parliament may give to a committee power to send for persons, papers and records.
The Chairman of a committee shall direct the clerk attending the committee to summon the witnesses to be examined before such committee.
The examination of witnesses before every committee shall be conducted as follows:–
(a) the Chairman shall first put to the witness, in an uninterrupted series, all such questions as he thinks essential, according to the mode of procedure agreed on by the committee;
(b) the Chairman shall then call on the other Members severally by name to put any other questions;
(c) the name of every Member questioning a witness shall be noted and prefixed to the questions asked.
When a committee is examining witnesses, strangers may be admitted, but they shall–
(a) be excluded at the request of any Member, or at the discretion of the Chairman of the Committee; and
(b) withdraw when the committee is deliberating.
Members of the Parliament who are not Members of the committee may be present when a committee is examining witnesses, but they shall–
(a) withdraw if requested by the Chairman or any Member of the committee; and
(b) be excluded when the committee is deliberating.
The evidence taken by any select committee of the Parliament, documents presented to a committee and proceedings and reports of a committee that have not been reported to the Parliament shall not, unless authorized by the Parliament, be disclosed or published by any Member of the committee, or by any other person.
By leave of the Parliament, a committee may report from time to time its proceedings with or without the evidence, or the evidence only.
The Chairman of every committee shall prepare a draft report.
(1) The Chairman shall read to the committee, at a meeting convened for the purpose, the whole of his draft report, which may at once be considered, but if desired by any Member it shall be printed and circulated amongst the committee and a subsequent day fixed for its consideration.
(2) In considering the report, the Chairman shall read it paragraph by paragraph, proposing the question to the committee at the end of each paragraph “That it do stand part of the report”.
(3) A Member objecting to any portion of the report shall move his amendment at the time when the paragraph he wishes to amend is under consideration, but no protest or dissent may be added to the report.
If any Member, other than the Chairman, submits a draft report to the committee, the committee shall first decide which report it will proceed on.
After the draft report has been considered, the whole or any paragraph of it may be reconsidered and amended.
Every report of a committee shall be signed by the Chairman, and any papers laid before the committee shall be endorsed by the clerk attending the committee.
The report of a committee, together with the minutes of the proceedings, shall be presented to the Parliament by the Chairman, and the report may be read.
(1) On the presentation of a report, no discussion of the subject-matter may take place, but the report may be ordered to be printed with or without the documents accompanying it.
(2) Consideration of the report shall be set down for a subsequent Sitting, when a specific motion without notice in connection with it may be moved.
(1) Payment at the discretion of the committee may be made to any professional or other witness or to persons whom the committee may think it necessary to employ in furtherance of the inquiry with which the committee is charged.
(2) The Chairman’s certificate on the face of an account is sufficient authority for its payment by the Clerk of the Parliament.
PART XXV. – WITNESSES.
Witnesses, other than Members, shall be ordered to attend–
(a) before the Parliament, or a Committee of the Whole–by summons under the hand of the Clerk of the Parliament; or
(b) before a select committee–by summons under the hand of the clerk attending the committee.
If a witness fails or refuses to attend or to give evidence, the Parliament, on being acquainted of that fact, shall deal with the matter.
(1) If a select committee desires the attendance of a Member as a witness, the Chairman shall, in writing, request him to attend.
(2) If the Member refuses to come, or to give evidence or information as a witness to the committee, the committee shall acquaint the Parliament of the fact, and shall not again summon the Member to attend the committee.
If any information comes before any committee that charges any Member, the committee ought only to direct that the Parliament be acquainted of the matter of the information, without proceeding further on it.
Any witnesses examined before the Parliament, or a committee of the Parliament, are entitled to the protection of the Parliament in respect of anything that may be said by them in their evidence.
(1) A witness before the Parliament or a Committee of the Whole shall be examined at the Bar unless the Parliament or the Committee otherwise orders.
(2) When a witness appears before the Parliament, he may be examined by the Speaker, and any questions addressed by Members are taken to be put through the Speaker.
(3) In a Committee of the Whole, any Member may put questions directly to the witness.
(4) A Member of the Parliament shall be examined in his place.
If any question be objected to, or other matter arise, the witness shall withdraw while it is under discussion.
No officer of the Parliament or shorthand writer employed to take minutes of the evidence before the Parliament or a committee of the Parliament may give evidence or provide tape recordings elsewhere in respect of any proceedings or examination of a witness, without the special leave of the Parliament.
PART XXVI. – SUSPENSION OF STANDING ORDERS.
(1) In this section, “absolute majority” means affirmative votes equal to more than one half of the total number of seats in the Parliament.
(2) In cases of necessity, any Standing Order of the Parliament may be suspended by the Parliament (but not by a Committee of the Whole), on motion, duly moved and seconded, without notice.
(3) A motion under Subsection (2) must be carried by an absolute majority of Members.
When a motion for the suspension of any Standing Order appears on the Notice Paper, the motion may be carried by a majority of votes.
The suspension of Standing Orders is limited in its operation to the particular purpose for which such suspension has been sought.
PART XXVII. – INTERPRETATION.
(1) In any matter not provided for in these Standing Orders, Mr Speaker shall decide.
(2) In deciding any question relating to procedure or the conduct of the business of the Parliament, in the absence of sessional or other orders or practice of the Parliament, Mr Speaker may resort to the usage and practice of the House of Representatives in the Parliament of Australia as far as the same may be applicable to this Parliament, and not inconsistent with these Standing Orders or with the practice of this Parliament.
SCHEDULE 1 – ELECTION OF SPEAKER.
S.O., Sec. 5.
(Exhaustive Secret Ballot.) |
One Nomination— |
MEMBER (Mr . . .) addresses himself to the Clerk and proposes to the Parliament for its Speaker Mr . . ., and moves–“That
he do take the Chair of this Parliament as Speaker.”. |
MEMBER (Mr . . .) seconds the motion. |
The Member nominated informs the Parliament whether he accepts nomination. |
CLERK–“Is there any further proposal?”. |
If there is then no further proposal– |
CLERK–“The time for proposals has expired.”. |
No debate and no further proposal allowed. |
CLERK–“I declare that the Member proposed (Mr . . .) has been elected as Speaker.”. |
Two or More Nominations— |
For each proposal– |
MEMBER (Mr . . .) addresses himself to the Clerk and proposes to the Parliament for its Speaker Mr . . ., and moves–“That
he do take the Chair of this Parliament as Speaker.”. |
MEMBER (Mr . . .) seconds the motion. |
The Member nominated informs the Parliament whether he accepts nomination. |
After each proposal is made and seconded– |
CLERK–“Is there any further proposal?”. |
If no further proposal is made– |
CLERK–“The time for proposals has expired.”. |
Debate may then ensue, but must be relevant to the election. Each Member is limited to a five-minute speech. |
During debate a Member may move (without notice and whether a Member is addressing the Parliament or not)–“That the question
be now put.”. |
CLERK puts question. |
If numbers equal, question decided in negative.&break;After closure carried or debate ceases, election to proceed by ballot. |
Ballot—Two Nominations— |
CLERK–”In accordance with the practice of the Parliament, the Bells will be rung and a ballot taken. Ballot papers will
be distributed and Members are asked to write on the ballot paper the name of the candidate for whom they wish to vote. |
The candidates are– |
Mr . . . |
Mr. . . .” (in alphabetical order). |
At the same time, the Clerk rings the Bells and the Deputy Clerk turns the sandglass. |
The Clerk and the Deputy Clerk hand the ballot papers to Members. |
Ballot papers are initialled beforehand by the Deputy Clerk. |
The Clerk turns off Bells–the doors are NOT locked. |
CLERK–”Will Members please write on the ballot paper the name of the candidate for whom they wish to vote. |
The candidates are– |
Mr . . . |
Mr. . . .” (in alphabetical order). |
The Clerk and the Deputy Clerk, after collecting the ballot papers, count the votes and check that papers do not exceed Members present. |
The candidate with the greater number of votes is the Speaker. |
The Deputy Clerk enters result on announcement sheet, which is signed by the Clerk and the Deputy Clerk. |
CLERK–”The result of the ballot is– |
Mr. . ., . . . votes; |
Mr. . ., . . . votes (etc.). |
Mr . . . is declared elected.”. |
Ballot—Three or More Nominations— |
CLERK–”In accordance with the Standing Orders, the Bells will be rung and a ballot taken. Ballot papers will be distributed
and Members are asked to write on the ballot paper the name of the candidate for whom they wish to vote. |
The candidates are– |
Mr . . . |
Mr . . . etc.”. (in alphabetical order). |
The Bells are rung for two minutes. |
The Clerk and the Deputy Clerk hand initialled ballot papers to Members. |
After Bells Stop–the doors are NOT locked. |
CLERK–”Will Members please write on the ballot paper the name of the candidate for whom they wish to vote. |
The candidates are– |
Mr . . . |
Mr . . . etc.”. (in alphabetical order). |
The Clerk and the Deputy Clerk, after collecting the ballot papers, count the votes and check that papers do not exceed Members present. |
IF A CANDIDATE HAS MORE THAN A MAJORITY OF THE VOTES OF THE MEMBERS PRESENT HE IS THE SPEAKER. |
The Clerk announces result. |
If no candidate has a majority— |
CLERK–”The result of the ballot is– |
Mr. . ., . . . votes; |
Mr. . ., . . . votes (etc.).”. |
As no Member has a majority, Mr..., the Member with the smallest number of votes, is excluded and another ballot will be conducted
after the Bells have been rung. |
Proceed with ballot (or ballots, excluding the smallest recipient each time) as previously until a candidate has a majority of votes. |
After the Clerk announces that a Speaker has been elected— |
The member so elected is conducted to the Chair by the proposer and a seconder, and is received by the Clerks standing. He stands
at the side of the dais and says– |
“I wish to express my grateful thanks for the high honour that the Parliament has been pleased to confer upon me.”. |
He thereupon sits down in the Chair. |
Serjeant-at-Arms places the Mace on the Table. |
Members offer their congratulations. Mr Speaker makes acknowledgement. |
Equality of Votes in Ballots. |
An equality of votes during the election of the Speaker could occur at the following points of the proceedings– |
A. Two nominations only; as a result of the ballot. |
B. More than two nominations: |
(a) If at the conclusion of any ballot (ordinary or special), two or more of all the candidates have equal votes and one of them has to be excluded. |
(b) When only two candidates remain in the final ballot: in this case the procedure is similar to (A) above. |
An ordinary ballot determines a winner should a candidate have a majority of the votes of Members present. |
A special ballot excludes the candidate with the least votes. |
Procedure in Above Cases. |
A. An equality of votes in an ordinary ballot between the two (remaining) candidates: |
(i) The Clerk shall declare “By reason of an equality of votes the ballot is inconclusive.”. |
(ii) The Clerk announces “Unless a nominee wishes to withdraw, another ballot will be held.”. |
(iii) If one nominee withdraws, the other is declared Speaker. |
(iv) If neither withdraw, another ballot is conducted, in the usual manner, after the Bells have been rung. |
(v) Upon a further equality the Clerk announces “By reason of a further equality of votes the ballot is inconclusive and the sitting
is suspended for 30 minutes when the Parliament will reassemble and a ballot taken again, unless this is rendered unnecessary by
withdrawal.”. |
(vi) Stage (v) is repeated until either a winner is obtained by ordinary ballot, or a withdrawal is made. |
B. More than two candidates: An equality of votes for candidates, one of whom has to be excluded before proceeding to the next ordinary
ballot– |
(i) The Clerk announces “A special ballot will be conducted at which there shall be submitted only the names of those candidates
who have received equal votes”. |
(ii) A special ballot is conducted, in the manner of ordinary ballots, using only the names of those candidates who had an equality of
votes. |
(iii) The candidate with the least number of votes in the special ballot is excluded. |
Should a further equality of votes occur for all candidates in the special ballot for the exclusion of a candidate, the procedure
A.(v) above (suspension for 30 minutes, etc.) is followed. |
SCHEDULE 2 – ELECTION OF DEPUTY SPEAKER.
S.O., Sec. 13.
(Also for nomination of Governor-General). |
One Motion for Appointment— |
MEMBER (Mr. . .)–“I move–That Mr . . . be appointed Deputy Speaker of this Parliament.”. |
MEMBER (Mr. . .) seconds the motion. |
MR SPEAKER–“Is there any further motion?”. |
If there is then no further motion– |
MR SPEAKER–“The time for motions has expired.”. |
No debate and no further motion allowed. |
MR SPEAKER–“I declare that the Member proposed (Mr. . .) has been appointed as Deputy Speaker of this Parliament.”. |
The Deputy Speaker is then congratulated by the Speaker and other Members and makes acknowledgement. |
Two or More Motions for Appointment— |
For each proposal– |
MEMBER (Mr. . .)–“I move–That Mr . . . be appointed Deputy Speaker of this Parliament.”. |
MEMBER (Mr. . .) seconds the motion. |
After each motion is moved and seconded– |
MR SPEAKER–“Is there any further motion?”. |
If no further motion is moved– |
MR SPEAKER–“The time for motions has expired.”. |
Debate may then ensue, but must be relevant to the election. Each Member is limited to a five-minute speech. |
During debate a Member may move (without notice and whether a Member is addressing the Chair or not)–“That the question
be now put.”. |
MR SPEAKER–puts question. |
If numbers equal, Mr Speaker to vote. |
After the closure is carried or debate ceases, the election proceeds by secret ballot. |
(Mr Speaker does not vote in any secret ballot). |
Ballot—Two Nominations— |
MR SPEAKER–”In accordance with the practice of Parliament, the Bells will be rung for two minutes and a ballot taken.
Ballot papers will be distributed and Members are asked to write on the ballot paper the name of the candidate for whom they wish
to vote. |
The candidates are– |
Mr . . . |
Mr. . . .” (in alphabetical order). |
At the same time, the Clerk rings the Bells and the Deputy Clerk turns the sandglass. |
The Clerk and Deputy Clerk hand initialled ballot papers to Members. |
The Clerk turns off Bells–doors are NOT locked. |
MR SPEAKER–”Will Members please write on the ballot paper the name of the candidate for whom they wish to vote. |
The candidates are– |
Mr . . . |
Mr . . . .” (in alphabetical order). |
The Clerk and the Deputy Clerk, after collecting the ballot papers, count the votes and check that papers do not exceed Members present. |
The candidate with the greater number of votes is the Deputy Speaker. |
The Deputy Clerk enters result on announcement sheet, which is signed by the Clerk and the Deputy Clerk, and the ballot papers are
placed in a sealed envelope. |
The Clerk reports ballot to Mr Speaker. |
MR SPEAKER–”The result of the ballot is– |
Mr. . ., . . . votes; |
Mr. . ., . . . votes. |
Mr . . . is declared elected.”. |
If there is an equality of votes– |
MR SPEAKER–”As there is an equality of votes, I give my casting vote in favour of Mr. . . |
“Mr . . . is therefore declared elected as Deputy Speaker of this Parliament.”. |
The Deputy Speaker is then congratulated by the Members and makes acknowledgement. |
Ballot—Three or More Nominations— |
MR SPEAKER–”In accordance with the Standing Orders, the Bells will be rung and a ballot taken. Ballot papers will be distributed
and Members are asked to write on the ballot paper the name of the candidate for whom they wish to vote. |
The candidates are– |
Mr . . . |
Mr. . . (etc.).” (in alphabetical order). |
The Bells are rung for two minutes. |
The Clerk and the Deputy Clerk hand initialled ballot papers to Members. |
After Bells stop the doors are NOT locked. |
MR SPEAKER–”Will Members please write on the ballot paper the name of the candidate for whom they wish to vote. The candidates
are– |
Mr . . . |
Mr. . . (etc.).” (in alphabetical order). |
The Clerk and the Deputy Clerk, after collecting the ballot papers, count the votes and check that papers do not exceed Members present. |
IF A CANDIDATE HAS MORE THAN A MAJORITY OF VOTES HE IS ELECTED. |
The Clerk reports the ballot to Mr Speaker, who announces the result of the ballot and proceeds with congratulations as above. |
If no candidate has a majority— |
MR SPEAKER–”The result of the ballot is– |
Mr . . . , . . . votes; |
Mr . . . , . . . votes; (etc.). |
As no Member has a majority, Mr . . . , the Member with the smallest number of votes is excluded and another ballot will be conducted.”. |
Proceed with ballot (or ballots, excluding the smallest recipient each time) as previously until a candidate has a majority of votes.
Then proceed with congratulations as above. |
Equality of Votes in Ballots. |
Where there is an equality of votes between two candidates, one of whom must either be elected or excluded from further ballots as the case may be, the Speaker has a casting vote. |
Where there is an equality of votes between three or more candidates, one of whom must be excluded, a special ballot (or further special ballot as the case may be) shall be conducted as for a similar
situation in the election of a Speaker. |
Office of Legislative Counsel, PNG
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