SOUTH AUSTRALIA
The
Standing Orders
OF THE
LEGISLATIVE COUNCIL
RELATING TO
PUBLIC BUSINESS
TOGETHER WITH THE
Joint Standing Orders
AGREED TO BY BOTH HOUSES
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Ordered to be printed with amendments, 5 August, 1999
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INDEX
Table of Contents
STANDING ORDERS
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CHAPTER |
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I. |
Introductory |
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II. |
Proceedings on the Opening of Parliament |
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III. |
Election of President |
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IV. |
Absence of President and Vacancy during Session. The Clerk |
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V. |
Members’ Roll. The Minutes |
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VI. |
Attendance of Members and Leave of Absence |
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VII. |
Call of the Council |
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VIII. |
Places of Members |
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IX. |
Sitting and Adjournment of Council. Want of Quorum |
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X. |
The Notice Paper. Order in Business |
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XI. |
Petitions |
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XII. |
Giving of Notices |
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XIII. |
Questions to Members |
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XIV. |
Motions. Questions from the Chair. Amendments. Previous Question |
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XV. |
Orders of the Day |
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XVI. |
Resolutions and Orders |
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XVII. |
Conduct of Members and Order in Debate |
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XVIII. |
Disorder. Suspension. Arrest |
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XIX. |
Divisions |
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XX. |
The Ballot |
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XXI. |
Addresses |
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XXII. |
Messages from the Governor |
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XXIII. |
Communication Between the Two Houses by Messages, Conferences and Committees |
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XXIV. |
Public Bills |
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XXV. |
Committees of the Whole Council |
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XXVI. |
Select Committees, Standing Committees |
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XXVII. |
Instructions |
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XXVIII. |
Witnesses |
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XXIX. |
Strangers |
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XXX. |
Papers and Documents |
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XXXI. |
Suspension and Duration of Standing Orders |
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JOINT STANDING ORDERS |
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The Standing Orders
OF THE
Legislative Council
RELATING TO
PUBLIC BUSINESS
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Amended and amendments adopted by the Council, 6th and 22nd October, 1903, and approved by the Governor, 30th October, 1903. |
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Amended and amendments adopted by the Council, 4th August, 1914, and approved by the Governor, 13th August, 1914. |
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Further amended and amendment adopted by the Council, 19th November, 1918, and approved by the Governor, 10th July, 1919. |
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Further amended and amendments adopted by the Council, 2nd October, 1924, and approved by the Governor, 23rd October, 1924. |
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Further amended and amendment adopted by the Council, 6th December, 1939, and approved by the Governor, 11th January, 1940. |
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Further amended and amendments adopted by the Council, 22nd September, 1953, and approved by the Governor, 24th September, 1953. |
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Further amended and amendments adopted by the Council, 6th October, 1953, and approved by the Governor, 8th October, 1953. |
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Further amended and amendment adopted by the Council, 4th October, 1956, and approved by the Governor, 11th October, 1956. |
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Further amended and amendments adopted by the Council, 31st October, 1961, and approved by the Governor, 16th November, 1961. |
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Further amended and amendments adopted by the Council, 5th February, 1976, and approved by the Governor, 19th February, 1976. |
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Further amended and amendment adopted by the Council, 31st July, 1986, and approved by the Governor, 7th August, 1986. |
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Further amended and amendments adopted by the Council, 14th April, 1987, and approved by the Governor, 7th May, 1987. |
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Further amended and amendments adopted by the Council, 5th August, 1999, and approved by the Governor, 9th September, 1999.
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CHAPTER I
Introductory |
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1. |
In all cases not provided for hereinafter or by Sessional or other Orders, the President shall decide, taking as the guide the rules, forms and usages of the House of Commons of the Parliament of the United Kingdom of Great Britain and Northern Ireland in force from time to time so far as the same can be applied to the proceedings of the Council or any Committee thereof. |
Usages of House of Commons to be observed, unless other provision is made. |
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2. |
Except so far as is expressly provided herein, these Standing Orders shall in no way restrict the mode in which the Council may exercise and uphold its powers, privileges, and immunities. |
Reservation of powers, etc. |
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3. |
The words and phrases following shall in these Orders have and include the meanings hereby respectively assigned to them, viz:- |
Definition. |
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"Council" - The Legislative Council of South Australia; or the said Council sitting as a House and not in Committee: |
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"Clerk" - The Clerk of the Legislative Council and Clerk of the Parliaments: |
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"Black Rod" - The Usher of the Black Rod: |
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"Minutes" - The Minutes of the Proceedings of the Legislative Council: |
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"Leave of the Council" - Leave granted without dissentient voice: |
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"Written" and "in writing" - Written by hand or imprinted, or partly the one and partly the other. |
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4. |
All previous Standing Rules and Orders of this Council relating to Public Business are hereby repealed.
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Repeal. |
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CHAPTER II
Proceedings on the Opening of Parliament |
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5. |
On the Council assembling pursuant to the Proclamation convening the Parliament for the dispatch of business, the Clerk shall read the Proclamation, and the Council shall then await the arrival of the Governor or the Commission representing the Governor. |
Proclamation read. |
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6. |
The Governor on arrival shall be announced by Black Rod, and shall be conducted to the Chair by the President, who shall take the chair on the right hand of the Governor. |
Governor, how received. |
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7. |
The Commissioners of the Governor shall be announced and introduced to the Chamber by Black Rod. The Commission shall be read by the Clerk. |
Commissioners, how received. |
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8. |
The Message to the House of Assembly from the Governor or Commissioner, requiring the attendance of that House in the Council Chamber shall be delivered by Black Rod. When the Members of the Assembly have come with their Speaker into the Chamber, the Bar shall be drawn until the departure of the Governor or the Commissioners. |
Message to House of Assembly, how delivered. |
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See also Order No. 15. |
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9. |
New Members present shall be admitted within the Bar and take and subscribe the Oath or Affirmation provided by the Constitution, the Writ of Election of each Member, with the Return duly endorsed thereon, having been previously received and laid upon the Table. |
Members to be sworn.
Writs. |
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10. |
If the office of President be vacant, the Council shall proceed to the election of a President, in manner hereinafter provided, so soon as the Commissioners shall have withdrawn. |
President to be elected. |
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See Orders Nos. 16-23. |
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11. |
Standing Committees shall be appointed. |
Committees appointed. |
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See Order No. 414. |
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12. |
The President shall lay on the Table a copy of the Governor’s Opening Speech, and a Committee to prepare a draft Address in Reply thereto shall be nominated, to whom the said Speech shall stand referred. |
Address in Reply, Committee appointed. |
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See Order No. 377. |
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13. |
The Address, when reported by the Committee, shall be considered by the Council, and, when adopted, shall be presented to the Governor by the President, accompanied by any Members of the Council who may think fit to attend. |
Address adopted and presented to Governor. |
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See also (Addresses) Orders Nos. 239-241. |
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14. |
Until the Address in Reply to the Governor’s Opening Speech has been adopted, no business beyond what is of a formal or unopposed character shall be entertained. |
Only formal business before Address adopted. |
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15. |
When the Opening Speech is delivered by the Sovereign in person:- |
Opening by Sovereign in person. |
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(a) |
The Message to the House of Assembly mentioned in Standing Order No. 8 need not be sent and the Speaker and Members of the House of Assembly may be admitted to the Legislative Council Chamber without any such message; |
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(b) |
Standing Order No. 5 shall apply as if the words "the Sovereign" were substituted for the words "the Governor or the Commission representing the Governor"; |
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(c) |
Standing Order No. 6 shall apply as if the words "the Sovereign" were substituted for the words "The Governor"; |
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(d) |
Standing Orders Nos. 12 and 14 shall apply as if the words "Speech of the Sovereign" were substituted for the words "Governor’s Opening Speech"; |
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(e) |
Subject to the preceding paragraphs, the procedure set out in these Orders shall apply as when the Opening Speech is delivered by the Governor. |
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CHAPTER III
Election of President |
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16. |
At the time for election of a President a Member, addressing the Clerk, shall propose another Member then present to the Council for their President, and move that such Member be President of the Council. |
A Member proposed as President. |
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See Order No. 10. |
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17. |
Such motion having been seconded, if no other Member is proposed as President, the Member so proposed, being called to the Chair without question put, shall submit to the House; and being again called upon shall be conducted by the Mover and Seconder to the Chair. |
When unopposed, such Member conducted to the Chair. |
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18. |
In the event of there being two Members proposed and seconded for the office of President, the votes shall be taken by each Member of the Council then present delivering to the Clerk in writing the name of the Member whom the Member considers most fit and proper to be the President of the Council; and the Member obtaining the greater number of votes shall be declared elected, and conducted to the Chair as aforesaid. |
When two Members proposed, mode of voting. |
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19. |
If more than two Members have been so proposed and seconded the votes shall be taken in like manner, and the Member having the greatest number of votes shall be the President, provided that the Member has also a majority of the votes of the Members present; but if no candidate has such majority the name of the Member who has the smallest number of votes shall be withdrawn, and the votes shall be taken for the remaining candidates in like manner until the number is reduced to two; and of such two the Member in like manner obtaining the greater number of votes shall be the President, and shall be conducted to the Chair in manner aforesaid. |
When more than two Members proposed, mode of voting. |
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20. |
In the event of there being an equality of votes between candidates having the smaller number, or when the number of candidates is, or has been reduced to, two, the Clerk shall declare such to be the case, and the votes shall be again taken; when, if again there shall be an equality of votes, the Clerk shall determine by lot which name of such candidates shall be withdrawn, or which shall be deemed to have obtained the greater number of votes, as the case may be. |
In case of tie. |
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21. |
Prior to the President assuming the Chair, the Clerk shall act as Chairperson of the Council. |
Clerk acts as Chairperson till President elected. |
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22. |
The President having assumed the Chair, and having received and acknowledged the congratulations of the Council, the Council shall notify such election to the Governor, by a Deputation of the said Council, at such time as the Governor shall be pleased to appoint. |
Election of President to be notified to Governor. |
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23. |
In presentation to the Governor, the President shall, in the name and on behalf of the Council, lay claim to the right of free access to and communication with the Governor, and that the most favourable construction may be placed upon all the proceedings of the Council; and, being returned to the Chamber, the President shall report the circumstances of the presentation, and the reply of the Governor to the Deputation. |
President to make certain claims.
And report to Council. |
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CHAPTER IV
Absence of President and Vacancy During Session - The Clerk |
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24. |
Whenever the Council shall be informed by the Clerk at the Table of the unavoidable absence of the President, the Council shall choose some other Member who shall fill the office and perform the duties of President in relation to all proceedings of the Council as Deputy President until the next meeting of the Council, the question being put to the Council by the Clerk; and so on from day to day, on the like information being given to the Council, until the Council shall otherwise order: Provided that, if the Council shall adjourn for more than twenty-four hours, the Deputy President shall continue to perform the duties and exercise the authority of President for twenty-four hours only after such adjournment. |
Unavoidable absence of the President. |
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25. |
In case of the absence of the President in consequence of leave granted to the President by the Council, the Council shall, in like manner, choose some other Member to fill the office and perform the duties of the President as Deputy President, and such other Member shall have all the powers and authorities of the President during such absence. |
Absence of the President on leave. |
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26. |
When a vacancy occurs in the office of President during a Session, the Clerk shall report the same to the Council on its next meeting, and the Council shall forthwith proceed to the election of a new President in the manner hereinbefore provided. |
President’s Office vacated during Session. |
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See Orders Nos. 16-23. |
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27. |
In the case of the unavoidable absence or the illness of the Clerk, the Clerk’s duties shall be performed by the Deputy Clerk. |
Absence of Clerk. |
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CHAPTER V
Members’ Roll - The Minutes |
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28. |
A Members’ Roll shall be kept by the Clerk, showing the names of the Members elected, the date on which each Member was elected and takes the Oath or Affirmation, and the date of each Member’s ceasing to be a Member and the cause thereof. The name of each Member shall be written in the Member’s own handwriting on the said Roll, on the day on which such Member takes the Oath or Affirmation. |
Members’ Roll to be kept by Clerk.
Names inscribed by Members. |
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29. |
All proceedings in the Council and in Committee shall be noted by the Clerk, and, being printed by the Government Printer, shall be signed by the Clerk, and shall constitute the "Minutes of the Proceedings of the Legislative Council". |
Minutes of Proceedings. |
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30. |
The Clerk shall keep a record of the names of all Members present during any part of each day’s proceedings, such record to be appended to each day’s Minutes. |
Members present to be recorded. |
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31. |
The custody of all Documents and Papers belonging to the Council shall be in the Clerk who shall not permit any to be removed from the offices or produced in evidence without the express leave or order of the President or Council. |
Custody of documents in the Clerk. |
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See also Orders Nos. 400, 444. |
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CHAPTER VI
Attendance of Members and Leave of Absence |
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32. |
Every Member shall attend the service of the Council, unless leave of absence be given to the Member by the Council. |
Members to attend the service of the Council. |
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See Constitution Act, section 17, regarding absence of Members for 12 consecutive sitting days without leave. |
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33. |
Leave of absence may be given by the Council to any Member for any sufficient cause to be stated to the Council. |
Leave of absence may be given. |
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34. |
Notice shall be given of a motion for giving leave of absence to any Member, stating the cause and period of absence. |
Motion for leave requires notice. |
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See (Priority on Notice Paper) Order No. 64. |
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35. |
A Member shall be excused from service in the Council or on any Committee so long as the Member has leave of absence. |
Leave excuses from service. |
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36. |
Any Member, having leave of absence, shall forfeit the same by attending the service of the Council before the expiration of such leave. |
Leave forfeited. |
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CHAPTER VII
Call of the Council |
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37. |
No order for a Call of the Council shall be made for any day earlier than seven days from the day on which such order shall have been made. |
Call of Council not earlier than seven days. |
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38. |
A notice of the order for a Call of the Council, signed by the Clerk, shall be forwarded to each Member of the Council. |
Notice of call. |
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39. |
For the purpose of enabling such notice to be given, Members shall, at the commencement of each Session, or so soon as they shall have taken their seats, enter their names and addresses in a book to be kept by the Clerk. |
Members to give their addresses. |
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40. |
The order for calling over the Council on a future day shall be set down as the first Order of the Day for the day so appointed. |
First Order of the Day. |
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41. |
When the Order of the Day for calling over the Council is read, unless the same be postponed or discharged, the names of the Members shall be called over by the Clerk alphabetically. |
Order of calling the names. |
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42. |
The names of all Members who do not answer when called shall be taken down by the Clerk, and subsequently called over a second time; when those who answer, or afterwards attend in their places on the same day, may be excused. |
Members not present but subsequently attending. |
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43. |
Members not attending in their places on the day of a Call of the Council may be ordered to attend on a future day. |
Members ordered to attend. |
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CHAPTER VIII
Places of Members |
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44. |
The seats nearest to the right hand of the President shall be reserved for Members holding office under the Crown. |
Places reserved for Ministers of the Crown. |
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45. |
Whenever a change of a Minister holding office under the Crown takes place, the outgoing Minister shall be entitled to take the seat vacated by the Minister’s successor. |
Seat of ex-Minister. |
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46. |
Any question with regard to the seats to be occupied by new Members shall be determined by the President. |
Of New Members. |
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47. |
Members shall be entitled to retain the seats occupied by them at the time of their taking their seats for the first time after their election, so long as they may continue Members of the Council without re-election. |
Tenure of seats. |
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CHAPTER IX
Sitting and Adjournment of Council - Want of Quorum |
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48. |
The Council shall, unless otherwise ordered, meet for the dispatch of business on Tuesday, Wednesday, and Thursday in each week of the Session, at the hour of fifteen minutes past two o’clock in the afternoon. |
Days of meeting. |
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49. |
The bells shall be rung for five minutes prior to the time appointed for the meeting of the Council. |
Bells rung for five minutes. |
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50. |
The President shall take the Chair at the time appointed for the meeting of the Council; and if a *Quorum be not present before the expiration of ten minutes after that time, the President shall declare the Council adjourned to the next sitting day. |
President shall take Chair. Quorum not present. |
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*By the Constitution Act, section 26, a quorum of the Council consists of at least 10 Members, including the President, or the person chosen to preside in the President’s absence. |
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51. |
Upon the President taking the Chair each day, the President, or the President’s delegate, shall read the following Prayers: |
Opening proceedings with Prayers. |
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Almighty God, we humbly beseech Thee to vouchsafe Thy blessing upon this Parliament. We pray Thee to direct and prosper our deliberations to the advancement of Thy Glory and the true Welfare of the people of this State. |
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Our Father, which art in Heaven, Hallowed by Thy Name. Thy Kingdom come. Thy will be done in earth, as it is in Heaven. Give us this day our daily bread. And forgive us our trespasses, as we forgive them that trespass against us. And lead us not into temptation; but deliver us from evil: For thine is the Kingdom, and the power, and the glory, for ever and ever. Amen. |
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Whilst prayers are being read, Members shall stand in their places, the Bar being drawn. |
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52. |
A Member, having entered the Chamber after the time appointed for the meeting of the Council, shall not be permitted to withdraw until a Quorum be made up or the Council adjourn. |
Members present to remain. |
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53. |
If it shall appear, on the report of a Division of the Council by the Tellers, or upon the report of the Chairperson of Committees, that a Quorum is not present, the President shall forthwith adjourn the Council to the next sitting day. No decision shall be considered to have been arrived at by such Division. |
Tellers or Chairperson reporting want of a quorum, Council is adjourned. |
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See (in Committee) Orders Nos. 368, 369. |
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54. |
If a Member shall, at any time after the commencement of business, take notice that a Quorum is not present, the President shall count the Council; whereupon, if a Quorum be not present, the bells shall be rung as for a Division, and if a quorum be not made up before the expiration of two minutes, the President shall then forthwith adjourn the Council to the next sitting day. |
When want of a quorum is noticed, the Council is counted.
Adjournment. |
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See (Taking Notice) Order No. 182; (Divisions) Order No. 222. |
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55. |
When the President so proceeds to count the Council, no Member shall leave the Chamber until a Quorum be made up or the Council adjourn. |
Members present to remain. |
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56. |
Whenever the Council is adjourned for want of a Quorum, the hour of adjournment and the names of the Members then present shall be entered in the Minutes. |
Names of Members present recorded. |
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57. |
Whenever the Council is adjourned for want of a Quorum to the next sitting day, and the same shall prove to be a public holiday proclaimed by the authority of the Government, then the Council shall stand adjourned to the next succeeding sitting day. |
Provision when next sitting day a holiday. |
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58. |
Except in the cases provided for in Orders Nos. 50, 53, 54 and 213, the Council can only be adjourned by its own resolution. |
Council adjourns by resolution, exceptions. |
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59. |
A motion "That the Council do now adjourn" may be made without notice at any time when no other Member is speaking or in possession of the House, and shall be moved and seconded without discussion and be immediately determined; but, if it be negatived, no such motion shall be again made within the next fifteen minutes, except by a Minister of the Crown. |
Motion to adjourn Council.
If negatived. |
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This motion shall not be made or seconded during a debate by any Member who has already spoken in the debate, nor may the Mover of this Motion during the same debate either move it a second time or second it if moved by another Member; and similarly, a Seconder of this motion shall not subsequently move or again second it; but Members so moving or seconding shall not be held to have spoken in the debate. |
Restrictions. |
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See (Possession of House) Order No. 166; and (Other Summary Motions) Orders Nos. 127, 195. |
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60. |
If at half-past six of the clock the Council or a Committee of the Whole be sitting, the sitting of the Council or Committee shall be suspended for one hour, unless otherwise ordered: Provided that, if at the said time a Ballot or a Division shall have been ordered, the President, or the Chairperson of Committees, as the case may be, shall not leave the Chair until such Ballot or Division shall have been taken and any formal business immediately consequent thereon shall have been completed; after which it shall be in order on motion, without discussion or amendment - |
Half-past six o’clock suspension of sitting. |
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To adjourn any question still pending, and any business remaining on the Notice Paper, to a future day; and |
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To adjourn the Council, |
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but if any one of these motions be negatived, the sitting shall be forthwith suspended for one hour. |
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61. |
A sitting of the Council may be temporarily suspended at any time on the motion of a Minister of the Crown. |
Suspension of sitting at other times. |
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Order in Business, see Orders Nos. 67-78; Resumption of Business, see Orders Nos. 76, 77; and Suspension and Adjournment by President, see Order No. 213.
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CHAPTER X
The Notice Paper - Order in Business
The Notice Paper |
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62. |
A Notice Paper showing all business of which Notice has been given or respecting which Order has been made by the Council, and the respective days for which such business is set, shall be prepared each sitting day by the Clerk, and, being signed by the Clerk, shall be printed and circulated amongst Members, and be appended to the Minutes. |
Notice Paper. |
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63. |
Standing Order repealed. |
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64. |
Unless otherwise ordered, Government Business shall on Tuesdays and Thursdays be entitled to take precedence on the Notice Paper of all other business, and Private Business on Wednesdays to the like precedence of Government Business: |
Precedence of business on certain days. |
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Provided that priority on the Notice Paper may, if so desired by the Member in charge, be given to Notices of Motion for the production or printing of Papers, for leave of absence to a Member, or for leave to introduce a Bill, and to Orders of the Day for the third reading of Bills; but if debate arise thereon the question shall either stand adjourned to a day to be fixed, or the determination thereof shall be postponed until the other business of the day has been disposed of, according as the Member in charge of the same may elect. |
Priority of unopposed business. |
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See also (Private Business) Order No. 70. |
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65. |
Notices of Motion shall, as a rule, have priority on the Notice Paper over Orders of the Day; but a Minister may arrange the order of Government Business as the Minister thinks fit. |
Precedence of Notices of Motion. Government Business. |
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66. |
Subject to preceding Standing Orders, Notices shall be entered on the Notice Paper in the order in which they were delivered at the Table and Orders of the Day according to priority of appointment. |
Order of Notices and Orders of the Day. |
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Questions of Order or Privilege see Order No. 201. |
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Objections to President’s Ruling see Order No. 205. |
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ORDER IN BUSINESS |
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67. |
The Council shall, unless it otherwise directs, proceed each day with its ordinary business in the following order -
1. Presentation of Petitions. 2. Replies to Questions on Notice. 3. Tabling of Papers and Committee Reports. 4. Ministerial Statements. 5. Asking Questions without Notice and giving Notices of Motion. 6. The Business of the Day as set down on the Notice Paper. |
Ordinary routine of business. |
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See also (Prayers) Order No. 51. |
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67a. |
In addition to Ministerial Statements being made in accordance with Order No. 67, Ministerial Statements may be made at any other time, by leave of the Council. |
Ministerial Statements. |
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67b. |
At the conclusion of the period for Questions without Notice on Wednesdays, Members may make statements on matters of interest. Up to seven Members may speak for a maximum of five minutes each. The President may order the Member to be seated if, in the opinion of the President, the Member infringes Standing Orders governing the rules of debate. |
Matters of Interest. |
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68. |
When the Business of the Day is called on by the Clerk, any Member in charge of any Order of the Day which appears on the Notice Paper or which may have lapsed therefrom, may move, without notice, that such Order be postponed, discharged, or revived for a future day, as the case may be; but no discussion or amendment shall be allowed on such motions. |
Orders of the Day postponed, discharged, and revived without notice. |
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See also (Notices of Motion) Orders Nos. 101, 120; (Orders of the Day) Orders Nos. 73, 155-157; (Bills) Order No. 281; and (Committees) Orders Nos. 372, 374. |
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69. |
Unless otherwise ordered, the period for asking Questions without Notice and giving Notices of Motion may not exceed one hour. If, however, before the expiration of one hour, a Question is in the process of being answered, then that Question may be answered even though the period of one hour has expired. |
Period for Questions without Notice and giving Notices of Motion. |
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70. |
The Business of the Day, when called on, shall, unless it be otherwise ordered, be proceeded with, and be disposed of in rotation, each Notice of Motion or Order being read by the Clerk at the Table: Provided that, on days on which Private Business has precedence, Government Business of the Day shall stand postponed to any Private Business which may have been previously interrupted and which the Council may order to be resumed. |
Business of the Day disposed of without interruption except on Wednesdays. |
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See (Precedence of Private Business) Order No. 64. |
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71. |
Standing Order repealed. |
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72. |
A Notice of Motion called on in its order and not moved shall lapse. |
Notices called and not moved lapse. |
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See (Revival) Order No. 120. |
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73. |
Orders of the Day which have been read and not moved or disposed of prior to the adjournment of the Council shall lapse; but they may be revived on Motion after notice, or as provided in Order No. 68. |
Orders of the Day read and not disposed of lapse. Revival. |
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74. |
If, at the adjournment of the Council, any Notices of Motion or Orders of the Day have not been called on or read, such Notices and Orders of the Day shall be set down on the Notice Paper for the next sitting day, at the end of the business already appointed for that day. |
Business not called on. |
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75. |
If the Council adjourns over a day for which business has been appointed, such business shall be placed on the Notice Paper for the next sitting day, at the end of the business already appointed for that day, unless otherwise ordered. |
Business set for day over which Council adjourns. |
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76. |
Whenever the business before the Council shall have been interrupted by the receipt of a Message from the Governor or the House of Assembly and by the consequent dealing therewith, or by the holding of a Conference, or by any proceeding other than the calling on of the Business of the Day, the said business shall, so soon as the cause of such interruption has been disposed of, the Council not being adjourned, be resumed at the point where it was so interrupted. |
Resumption of interrupted business. |
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See Orders Nos. 242, 250, 254, 60, etc.; (in Committee) Orders Nos. 372-374; and (Orders of the Day) Order No. 71. |
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77. |
Any business interrupted by adjournment of the Council may be ordered to be resumed at the point where it was so interrupted, on Motion after Notice, or as provided in Order No. 68. |
Business interrupted by adjournment. |
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See (in Committee) Order No. 372. |
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78. |
Any motion connected with the ordering of the business of the Council may be moved by a Minister of the Crown at any time without notice. |
Liberty to Minister to move. |
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Giving of Notices see Orders Nos. 98-106. |
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Questions to Members see Orders Nos. 107-113. |
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Debates on Matters of Urgency see Order No. 116. |
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Motions, etc. see Orders Nos. 114-120. |
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Orders of the Day see Orders Nos. 153-157. |
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Half-past Six O’clock Rule see Order No. 60. |
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Questions of Privilege and Order see Order No. 201. |
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Limit to Suspending Standing Orders see Order No. 460. |
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Unopposed Business see Order No. 64.
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CHAPTER XI
Petitions |
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79. |
Every Petition shall be lodged with the Clerk at least two hours previously to the meeting of the Council at which it is proposed to present the same; and no Petition shall be presented to the Council unless it bears the Clerk’s certificate that it is in conformity with the Standing Orders. |
Petition to be lodged with and certified by Clerk. |
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80. |
No Petition shall be presented after the Council shall have proceeded to the giving of Notices, unless such Petition refer to the question before the Chair, when it may be presented at the time the Notice of Motion or Order of the Day is called on. |
Time for presenting. |
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See (Order in Business) Order No. 67. |
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81. |
Every Petition shall be fairly written, and contain a prayer at the end thereof. |
To be fairly written, and to contain a prayer. |
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See (Definition of "Written") Order No. 3. |
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82. |
Every Petition shall be in the English language, or be accompanied by an English translation certified by the Member who presents it to be correct. |
To be in English, or accompanied by translation. |
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83. |
Every Petition must be signed by at least one person at the foot thereof, and upon the same sheet or skin as that upon which the prayer has been inscribed. |
To be signed at foot on same sheet as prayer. |
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84. |
Every Petition shall be signed personally by the parties thereto, with their names and addresses, and shall not be signed by deputy, except under power of attorney or in cases of incapacity by sickness; and in all such instances the person actually signing shall affix their own name and address as well as those of the person for whom the person signs. Persons not knowing how to write shall affix their marks in the presence of a witness, who, shall, as such, affix their own name and address. |
By whom to be signed. |
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85. |
Every signature shall be upon the sheets bearing, or attached to the Petition itself, and not be pasted thereon or otherwise transferred thereto. |
Signatures not to be transferred. |
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86. |
All Petitions shall be received only as the petitions of the parties signing the same. |
As from persons signing. |
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87. |
Petitions of Corporations aggregate shall be under their common seal. |
From Corporations. |
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88. |
No letters, affidavits, or other documents shall be attached to any Petition, not being a Petition for a Private Bill. |
No document to be attached, exception. |
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89. |
Every Petition shall be decorous and temperate in its language, and not disrespectful to any branch of the Legislature. |
Must be respectful. |
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90. |
Petitions can only be presented to the Council by a Member. |
By whom presented. |
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91. |
A Member cannot present a Petition on the Member’s behalf. |
Not from Member presenting. |
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92. |
The name of a Member presenting a Petition shall be affixed at the beginning thereof, with the number of signatures. |
Member to affix name and number of signatures. |
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93. |
The Clerk shall make an announcement to the Council as to the Petitions lodged with the Clerk for presentation to the Council (except a Petition for a Private Bill or relating to a Private Bill before the Council), indicating in the case of each Petition, the Member who lodged it, the identity of the petitioners and the subject matter of the Petition. A Member may, however, present a Petition personally, indicating the identity of the petitioners, and the subject matter of the Petition before bringing it to the Table. No discussion on the subject matter of a Petition shall be allowed and every Petition so presented shall be deemed to have been received by the Council: Provided that in the case of a Petition complaining of some present personal grievance, for which there may be an urgent necessity for providing an immediate remedy, the matters contained in such Petition may be brought into discussion on the presentation thereof. |
Clerk to announce particulars of Petitions lodged.
Provision for urgency. |
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94. |
Standing Order repealed. |
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95. |
Standing Order repealed. |
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96. |
No Member shall move that a Petition be printed unless the Member shall state it to be their intention to make a motion upon the subject to which the Petition relates. |
Motion for printing. |
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See (Printing of Petitions) Orders Nos. 418-419. |
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97. |
No Petition, the prayer of which is for a distinct grant of money, shall be received by the Council. |
Not received for grant of money. |
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CHAPTER XII
Giving of Notices |
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98. |
Notice of Motion shall be given at the time of giving Notices, unless otherwise provided, by a Member reading it aloud, and delivering at the Table a copy thereof fairly written, signed by the Member, and showing the day proposed for bringing on such motion. |
Notice of Motion, how given. |
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See (Order in Business) Order No. 67; (Period for Questions without Notice giving Notices of Motion) Order No. 69; (On a previous day) Order No. 114; and (Exceptions as to time) Orders Nos. 310, 411, 419. |
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98a. |
A Member may give Notice of Question by delivering a written copy of such Question to the Clerk not less than two hours before the time appointed for the meeting of the Council. |
Notice of Question, how given. |
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98b. |
When Notice of Question is given pursuant to Order 98a, the Clerk shall place the same on the Notice Paper and shall show on the Notice Paper the day on which such Question was first printed. |
When entered on Notice Paper. |
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98c. |
The Answer to a Question on Notice pursuant to Order 98a shall be given by delivering the Answer in writing to the Clerk not less than two hours before the time appointed for the meeting of the Council on any day. After presentation of Petitions on each day, the President shall direct that a copy of such Answer be provided by the Clerk forthwith to the Member who asked the Question, the subject of the Answer. The President shall further direct that such Question and Answer be printed in Hansard as part of the proceedings of that day. |
Answers to Questions on Notice. |
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99. |
No Notice of a Question addressed to the President shall be given for entry on the Notice Paper. |
Question to President not entered. |
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100. |
A Member may give notice for another Member not then present. The names of both Members must appear on the Notice. |
Given for an absent Member. |
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101. |
A Member desiring to change the day for bringing on a Motion, may give fresh Notice for any day subsequent to that first named. |
Postponement of Motion. |
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102. |
After a Notice has been given, the terms thereof may be altered by the Member reading aloud and delivering at the Table, at the usual time of giving Notices, an amended Notice, any day prior to that appointed for proceeding with the motion; but such amended Notice must not exceed the scope of the original Notice. |
Terms altered.
Limitation. |
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103. |
No Notice shall be received after the Council shall have proceeded to the Business of the Day. |
Not received after commencement of Business of the Day. |
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See (Business of the Day) Order No. 67. |
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104. |
If any Notice contains unbecoming expressions, or offends against any Standing or other Order of the Council, the President shall amend the same or order that it be not printed; or it may be expunged from the Notice Paper by order of the Council. |
If out of order, amended, or expunged. |
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105. |
If a Notice of Motion be given which contains matter not relevant to each other, the President may instruct the Clerk to divide such Notice into two or more Notices. |
If of irrelevant matter, may be divided. |
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106. |
A Member may not give two Notices consecutively, if another Member has a Notice to give. |
Giving more than one Notice. |
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CHAPTER XIII
Questions to Members |
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107. |
At the time of giving Notices, Questions may be put to a Minister of the Crown relating to public affairs; and to other Members, relating to any Bill, Motion, or other public matter connected with the business of the Council, in which such Members may be specially concerned. |
Questions respecting public business. |
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108. |
Whenever a Question is answered after Notice, it shall be open to any Member to put further Questions arising out of and relevant to the answer given. |
Members may ask further Questions. |
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109. |
In putting any Question, no argument, opinion or hypothetical case shall be offered, nor inference or imputation made, nor shall any facts be stated or quotations made including quotations from Hansard of the debates in the other House, except by leave of the Council and so far only as may be necessary to explain such question. |
Not to involve argument, inference, etc. |
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110. |
In answering any Question, a Member shall not debate the matter to which the same refers. |
No debate allowed in reply. |
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111. |
A Minister of the Crown may, on the ground of public interest, decline to answer a Question; and may, for the same reason, give a reply to a Question which, when called on, is not asked. |
Minister may decline to reply, and may answer an unasked Question. |
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112. |
Standing Order repealed. |
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113. |
Standing Order repealed. |
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Order in Business see Order No. 67. |
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Questions to President see Order No. 99. |
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CHAPTER XIV
Motions - Questions from the Chair - Amendments - Previous Question
Motions |
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114. |
No substantive Motion shall, unless by leave of the Council, or in pursuance of these Orders, be moved except after Notice openly given at a previous sitting of the Council and duly entered on the Notice Paper. |
No Motion to be made without a previous day’s Notice. |
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See (Giving of Notices) Orders Nos. 98-106. |
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115. |
In the absence of a Member who has given Notice of a Motion, the same may not, except by leave of the Council and at the request of such Member, be moved by another Member. |
May not be moved by another Member except by leave. |
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See also (Order of the Day) Order No. 156; (Reply) Order No. 177. |
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116. |
A Debate on any definite matter of urgent public importance, the nature of which shall be stated in writing to the President - and of which urgency the rising in their places of three Members shall be sufficient evidence - may be allowed on a Motion, without notice, that the Council at its rising adjourn to some irregular day or hour, provided that it be moved after the giving of Notices and before the Business of the Day has been proceeded with. |
Matters of urgent public importance. |
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Any such Motion shall be in lieu of Questions without Notice for that day and shall be limited to one hour’s duration unless otherwise ordered. Not more than one Motion under this Order shall be allowed during a sitting of the Council, nor may more than one such matter be raised upon the same motion. |
Restrictions. |
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See (Order in Business) Order No. 67. |
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117. |
No Motion under the next preceding Order, or otherwise, shall seek to anticipate Debate upon any matter which appears upon the Notice Paper. |
Not to anticipate business on the Paper. |
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See (Anticipating Debate) Order No. 185. |
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118. |
A Motion for a Vote of Thanks of the Council may be moved, without notice, by a Minister of the Crown. |
Vote of Thanks. |
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See also (Addresses) Order No. 235. |
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119. |
A Motion, not being an Order of the Day, if not seconded, may not be further debated, and no entry thereof shall be made in the Minutes. |
Motion not seconded. |
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See (in Committee) Order No. 363; (Order of the Day) Order No. 154; and (Amendments) Order No. 133. |
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120. |
A Motion which has lapsed, or has been withdrawn or superseded, or which has not been seconded, may be again made after notice. |
Motions withdrawn, etc. again brought on. |
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See Orders Nos. 72, 123, 122, 119, and Nos. 140 and 152. |
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Same Question see Order No. 124. |
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Order in Business see Orders Nos. 67-78. |
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Questions from the Chair |
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121. |
When a motion has been made and seconded, a Question thereon shall be "proposed" to the Council by the President. |
Question proposed by President. |
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122. |
A Question is superseded - |
How superseded. |
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I. |
By adjournment of the Council; |
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II. |
By the Previous Question being resolved in the affirmative; |
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III. |
By amendment. |
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See (Revival) Orders Nos. 73, 77, 145, 120. |
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123. |
A motion shall, after a Question has been proposed thereon, be deemed to be in possession of the House, but, by leave of the Council, it may be withdrawn by the mover, provided that, if an amendment has been moved thereto, such amendment has been first disposed of. |
How withdrawn. |
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See (Revival) Order No. 120; and (Amendment) Order No. 140. |
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124. |
No Question shall be proposed which is the same in substance as any question or amendment which during the same Session has been resolved in the affirmative or negative, unless the resolution of the Council on such question or amendment shall have been first read and rescinded. This Standing Order shall not be suspended. |
Same Question.
Order not to be suspended. |
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See (Amendment) Order No. 139; (Bills) Orders Nos. 281, 282, 295, 300; (Instructions) Order No. 425, and (Rescinding of Resolutions) Order No. 159. |
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125. |
The President may divide a complicated Question if the President thinks fit. |
Complicated Questions. |
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126. |
So soon as the debate upon a Question is concluded, the President shall "put" the Question to the Council. |
Question when put. |
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See (Debate Closed) Order No. 178. |
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127. |
A motion "That the Question be now put" may be made without notice at any time during a debate by a Member who has not already spoken in the debate, if so made as not to interrupt a Member speaking, and shall be moved and seconded without discussion and be immediately determined; but if it be negatived, no such motion shall be again made within the next fifteen minutes, except by the Member in charge of the Bill or other matter which is in question. |
Closure.
If negatived. |
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The mover of this motion cannot during the same debate either move it a second time or second it if moved by another Member; and similarly, a seconder of this motion shall not subsequently move or again second it; but Members so moving and seconding shall not be held to have spoken in the debate. |
Restrictions. |
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See (Other Summary Motions) Orders Nos. 59, 195. |
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128. |
If the Motion "That the Question be now put" be carried, the Council shall without further debate or amendment, vote on the question immediately before it, and, subject to the discretion of the President, on any other question already proposed from the Chair and still pending; but if such motion be negatived, the debate on the question shall be resumed. |
If closure carried, Question put.
Pending Question. |
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129. |
A Question when put shall, except as provided in Orders Nos. 159 and 457, be resolved in the affirmative or negative by the majority of voices "Aye" or "No". |
Determined by majority of voices. |
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The President shall state whether, in the President’s opinion, the "Ayes" or the "Noes" have it; and if the President’s opinion be not acquiesced in, a Division may be called for by one of the minority. |
President gives opinion on voices. Call for Division. |
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Divisions see Orders Nos. 219-232. |
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Previous Question see Orders Nos. 144-152. |
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Amendments to Questions |
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130. |
A Question having been proposed may be amended - |
Different forms of Amendments. |
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I. |
By leaving out certain words; |
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II. |
By leaving out certain words in order to insert or add other words; |
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III. |
By inserting or adding words. |
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See (Exception) Order No. 147. |
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131. |
Every Amendment must be in writing and signed by the mover. |
Must be in writing and signed. |
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132. |
Every Amendment must be relevant to the question to which it is moved. |
Must be relevant. |
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See (in Bills) Orders Nos. 287, 293, 328, 329, (Instructions) Order No. 422. |
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133. |
An Amendment moved but not seconded, shall not be further proceeded with, nor shall it be entered in the Minutes. |
Must be seconded. |
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See (Exception) Order No. 363. |
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134. |
When the proposed Amendment is to leave out certain words, the President shall put a question, "That the words proposed to be left out stand part of the question." |
To leave out words. |
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135. |
When the proposed Amendment is to leave out certain words in order to insert or add other words, the President shall first put a question, "That the words proposed to be left out stand part of the question", which, if resolved in the affirmative, shall dispose of the Amendment; but if in the negative, another question shall be put, "That the words of the Amendment be inserted (or added) in lieu of the words left out." No Amendment to the words proposed to be inserted or added can be entertained until the amendment to leave out certain words has been determined. |
To leave out words, and insert or add others.
Restriction. |
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136. |
When the proposed Amendment is to insert or add certain words, the President shall put a question, "That the words proposed to be inserted (or added) be so inserted (or added)". |
To insert or add words. |
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137. |
No Amendment shall be proposed to any prior part of a question after an Amendment has been made or has been proposed from the chair to a later part, unless such last-named Amendment has been, by leave of the Council, withdrawn. |
Not admissible when later part of a question amended. |
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138. |
No Amendment shall be proposed to be made to any words which the Council has resolved shall stand part of the question or which have been inserted in or added to a question, except it be the addition of other words thereto. |
Nor to words already agreed to. Exception. |
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139. |
No Amendment shall be proposed which is the same in substance as any Question or Amendment which during the same Session has been resolved in the affirmative or negative unless the resolution of the Council on such Question or Amendment shall have been first read and rescinded. This Standing Order shall not be suspended. |
Same Amendment. |
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140. |
A proposed Amendment may, by leave of the Council, be withdrawn by the Mover; and may be again moved. |
How withdrawn. |
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141. |
Amendments may be proposed to a proposed Amendment, as if such proposed Amendment were a main question. |
To proposed Amendments. |
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See (Exception) Order No. 287. |
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142. |
When Amendments have been made, the main question, as amended, shall be put. |
Question, when Amendments made. |
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143. |
When Amendments have been proposed but not made, the question shall be put as originally proposed. |
Question, when Amendments not made. |
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To Bills see Orders Nos. 324, sqq.; (in Committee) Orders Nos. 293, sqq., and (Instructions) Orders Nos. 422-425. |
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Previous Question |
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144. |
The Previous Question may be moved without notice, and shall be put in the form "That the original question (or the original question as amended) be not now put." |
Form of Previous Question. |
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145. |
If it be resolved in the affirmative, the Council shall proceed to the next business on the Notice Paper; but the original motion may be revived on Motion after Notice, or as provided in Order No. 68. |
If affirmed. Revival of original motion. |
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146. |
If it be resolved in the negative, the original question, amended or otherwise, shall be put forthwith without any further amendment or debate. |
If negatived. |
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147. |
The Previous Question cannot be moved upon an amendment, nor can it be itself amended. |
Not moved on amendments, etc. |
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148. |
The Previous Question cannot be moved after an amendment to the original question has been proposed from the Chair, until such amendment has been disposed of; nor can any such amendment be moved after the Previous Question has been proposed from the Chair, unless the Previous Question be first withdrawn. |
Relation to amendments. |
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149. |
The Previous Question cannot be moved or debated by a Member who has already spoken in the debate. |
Not moved by Member who has spoken. |
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150. |
Whenever the Previous Question shall be moved upon any question consisting of a series of propositions which have been brought under discussion or debate as one motion, with the understanding that the question be put on such propositions seriatim, the decision of the Previous Question, before putting the question on the first of such propositions, shall be taken and held to be conclusive, whether in the affirmative or negative, as regards the whole of such propositions. |
With regard to series of propositions. |
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151. |
In debating the Previous Question, Members may debate the original question, whether amended or not, and the whole debate is open to adjournment. |
Relation to debate. Adjournment. |
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152. |
The Previous Question may, be leave of the Council, be withdrawn by the Mover; and may be again moved during the same debate. |
May be withdrawn and again moved. |
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Rule in Committee see Order No. 365. |
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No Reply see Order No. 176. How superseded see Order No. 122(I). |
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______________
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CHAPTER XV
Orders of the Day |
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153. |
An Order of the Day is a Bill or other matter which the House has ordered to be taken into consideration on a particular day. |
Order of the Day defined. |
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154. |
An Order of the Day does not require a seconder. |
Need not be seconded. |
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See Order No. 119. |
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155. |
An Order of the Day may, on the motion of the Member in charge thereof, be discharged on being read or after it has been debated, or as provided in Order No. 68. |
How discharged. |
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156. |
In the absence of the Member in charge thereof an Order of the Day may be moved or postponed by any other Member, but may not be discharged except on Motion after Notice. |
In absence of Member in charge. |
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157. |
When postponing an Order of the Day it shall not be competent to propose, by way of amendment, a time beyond the probable duration of the Session, except after Notice. |
Restriction on period of postponement. |
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See also (Adjournment of Debate) Order No. 196. |
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Order on Notice Paper and Order in Business see Orders Nos. 64-66 and 67-78. |
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Revival, when not read or lapsed see Orders Nos. 73, 74. |
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Postponement and Revival at Commencement of Business see Order No. 68. |
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CHAPTER XVI
Resolutions and Orders |
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158. |
By Resolution the Council declares its opinions and purposes; and by Orders it directs its Committees, Members, and Officers, and other persons, and the order of its own proceedings. |
Definition. |
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See (Instructions) Orders Nos. 421-428. |
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159. |
A Resolution of the Council may be read and rescinded; but no such Resolution may be rescinded during the same Session, except with the concurrence of an absolute majority of the whole number of Members of the Council upon Motion after at least seven days’ Notice: Provided that to correct irregularities or mistakes one day’s Notice only shall be sufficient. |
Resolution rescinded. |
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160. |
An Order of the Council may be read and discharged, or the proceedings thereon may be declared to be null and void, on Motion after Notice. |
Order discharged. |
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Orders of the Day see Orders Nos. 153-157. |
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CHAPTER XVII
Conduct of Members and Order in Debate
Conduct in House |
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161. |
Whenever the President rises during a debate, any Member then speaking or offering to speak shall sit down, and the Council shall be silent, so that the President may be heard without interruption. |
When the President rises. |
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162. |
When the President is putting a question, no Member shall walk out of or across the Chamber. |
Or puts a question. |
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163. |
Members shall be uncovered when entering or leaving the Chamber, or moving to any other part of the Chamber during a debate; and shall make obeisance to the Chair on so entering or leaving the Chamber. |
When Members enter or leave Chamber. |
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See also (Message from Governor) Order No. 243. |
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164. |
No Member shall pass between the President and the Member who is speaking. |
When passing about the Chamber. |
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165. |
Members shall take their places when they come into the Chamber, and shall not at any time stand in any of the passages or gangways when attention is called thereto by the President. |
Members to take their places. |
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See (Places) Orders Nos. 44-47. |
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Order in Debate
Right of Speech |
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166. |
Whenever a Notice of Motion is called on, or an Order of the Day is read, the Member in charge of the business in question, or entitled to preaudience thereon, shall be held to be in possession of the House, if the Member desires to speak. |
Right of Member to speak when Member’s business called on. |
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See also Orders Nos. 59 and 182; and (Preaudience) Orders Nos. 197, 198. |
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167. |
Every Member desiring to speak shall rise uncovered, in their place or in the place of some other Member who does not object thereto, and address the President; and may advance to the Table for the purpose of continuing the address. |
Place whence Members may speak. To address President. |
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See (Places) Orders Nos. 44-47. |
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168. |
By the indulgence of the Council, a Member unable conveniently to stand, by reason of sickness or infirmity, may speak sitting and uncovered. |
Indulgence to Members unable to stand. |
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169. |
If two or more Members rise to speak at the same time, the President shall name the Member whom the President first saw rising to speak; which Member shall be entitled to preaudience. |
President names a Member to be heard. |
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170. |
Speeches must not be read, but Members may refer to notes. |
Speeches not to be read. |
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171. |
A Member may only speak - |
When Member may speak. |
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Upon a Motion or Amendment to be moved or seconded by the Member: |
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Upon a Question from the Chair: |
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Upon a Question of Order: |
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Upon a Question of Privilege. |
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172. |
If a Member, having risen and being called upon by the President, fails to begin (or to proceed) speaking, the President may direct such Member to be seated, and may call upon some other Member. |
Member rising, but not speaking. |
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173. |
By the indulgence of the Council, a Member may explain matters of a personal nature although there be no question before the Council; but such matters may not be debated. |
Personal explanation when no debate. |
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174. |
No Member may speak more than once during a debate, except in explanation or reply or to a point of Order or Privilege suddenly arising: |
Member not to speak twice in same debate. |
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Provided that when a lapsed Bill has been restored to the Notice Paper pursuant to section 57 of the Constitution Act 1934, as amended from time to time, and the debate on any motion relating to that Bill has been resumed, any Minister or other Member who had spoken on that motion before the restoration of the Bill, shall have the same rights to speak in the debate after such restoration, as if the Minister or other Member had not spoken before such restoration. |
Exceptions. |
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See (other Exceptions) Orders Nos. 175, 176, 200. |
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175. |
A Member who has spoken may again be heard, to explain in regard to some material part of the speech on which the Member has been misquoted or misunderstood, but shall not introduce any new matter or interrupt any Member in possession of the Chair. |
Explanation. |
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176. |
Reply shall be allowed to a Member who has made a substantive Motion, but not to any Member who has moved an amendment, the Previous Question or an Instruction to a Committee. |
Reply. |
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177. |
Where a Member has, by leave of the Council, moved a Motion, Notice of which was given by another Member, the right of Reply shall belong to the former, but may be waived by that Member in favour of the other Member. |
Reply where Motion moved by one Member for another. |
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See Order No. 115. |
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178. |
The Reply of the Mover of the original Motion closes the debate. |
Reply closes debate. |
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179. |
It shall be competent to a Member when seconding a Motion or amendment without speaking to it, to address the Council on the subject of such Motion or amendment at some subsequent period of the debate. |
Seconder of Motion may reserve speech. |
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180. |
Upon a Motion for the printing of a Paper, made by a Minister of the Crown without notice when laying the same on the Table, no discussion shall arise unless the Motion has been moved for the purpose of making a Ministerial statement. |
Motion without Notice to print Paper not debated, unless covering Ministerial Statement. |
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See also Orders Nos. 450, 418, 419; and (Printing) Order No. 451. |
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181. |
No Members shall converse aloud or make repeated interjections or other disturbance whilst any other Member is orderly debating, or whilst any Bill, Order, or other matter is being read or opened. |
Loud conversation or repeated interjections not allowed. |
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See (When President rises) Order No. 161. |
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182. |
No Member shall interrupt another Member whilst speaking, unless (I.) the words of the Member speaking be taken down: (II.) to call attention to a point of Order or Privilege suddenly arising: or (III.) to call attention to the want of a Quorum.. |
Member not to be interrupted.
Exceptions. |
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See (Exceptions) Orders Nos. 207, 200, 54. |
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183. |
No Member may speak to any Question after the same has been put by the President and the voices have been given in the affirmative and negative thereon. |
No Member to speak after Question put. |
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See (Questions put) Orders Nos. 126, 129. |
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184. |
Every Member may of right require the original Question, or any Amendment proposed thereto, to be read by the Clerk for the Member’s information at any time during a debate, but not so as to interrupt a Member speaking. |
Question read by Clerk. |
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Matter of Speech |
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185. |
No Member shall digress from the subject matter of the Question under discussion, or anticipate debate on any matter which appears on the Notice Paper. |
Members not to digress or anticipate. |
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See (Anticipatory Motions) Order No. 117; and (in Committee) Orders Nos. 299, 366. |
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186. |
The President may call attention to the conduct of a Member who persists in continued irrelevance, prolixity, or tedious repetition, and may direct such Member to discontinue speaking and to be seated. The Member so directed shall not be again heard during the same debate. |
Irrelevance, prolixity, or tedious repetition. |
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See (in Committee) Order No. 367. |
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187. |
No Member shall allude to any debate of the same Session upon a Question or Bill not being then under discussion nor to any speech made in Committee, except by the indulgence of the Council for personal explanation. |
Debates of same Session and Committee speeches not to be alluded to. |
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188. |
No Member shall quote from any debate of the current Session in the other House of Parliament or comment on any measure pending therein unless such quotation be relevant to the matter then under discussion. |
Quotation from, and comment on, debate in the other House. |
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189. |
No Member shall read extracts from newspapers or other documents, referring to debates in the Council during the same Session, excepting Hansard. |
Extracts referring to debates not to be read, except Hansard. |
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190. |
No reference shall be made to any proceedings of a Committee of the whole Council or of a Select Committee, until such proceedings have been reported. |
Proceedings of Committees not to be noticed till reported. |
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191. |
No Member shall use the Sovereign’s name or the name of the Governor irreverently or to influence a debate. |
Use of the Sovereign’s or Governor’s name. |
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192. |
No Member shall reflect upon any vote of the Council or upon any Statute, except upon a Motion for rescinding or repealing the same. |
Reflections on votes or Statutes. |
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193. |
The use of objectionable or offensive words shall be considered highly disorderly; and no injurious reflections shall be permitted upon the Governor or the Parliament of this State, or of the Commonwealth, or any Member thereof, nor upon any of the Judges or Courts of Law, unless it be upon a specific charge on a substantive Motion after Notice. |
Objectionable words and injurious reflections. |
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See also (Disorder, etc.) Orders Nos. 208-218; (Objection taken) Order No. 207; and (in Committee) Order No. 359. |
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On Presenting Petitions, Papers, and Reports, see Orders Nos. 95; 180, 419, 450, 451: 13, 306, 310, 376, 410. |
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On Urgent Public Matter see Order No. 116. |
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On Previous Question see Orders Nos. 149, 151. |
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On Privilege and Order see Orders Nos. 200, 201. |
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On Suspending Standing Orders see Order No. 458. |
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Paper Quoted in Debate see Order No. 452. |
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Closure and Adjournment see Orders Nos. 127, 128; 59; 195-197. |
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Adjournment of Debate |
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194. |
A Debate may be adjourned either to a later hour of the same day or to any other sitting day. |
Adjournment of debate. |
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195. |
A Motion - "That this Debate be now adjourned" - may be moved without Notice at any time during a debate by a Member who has not already spoken in the debate, if so made as not to interrupt a Member speaking, and shall be moved and seconded without discussion, and be immediately determined; but if negatived, no such Motion shall be again entertained within the next fifteen minutes, unless moved by the Member in charge of the Bill or other matter which is in debate.
Members moving or seconding this Motion shall not be held to have spoken in the debate. |
Motion for adjournment of debate.
If negatived. |
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See (Other Summary Motions) Orders Nos. 59, 127. |
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196. |
Upon a Debate being adjourned, a Motion shall be made to appoint a time for its resumption, the debate whereupon shall be strictly limited to the choice of date; nor shall a day beyond the probable duration of the Session be proposed by way of amendment thereto except after Notice. |
Time fixed for resumption.
Limit to debate and to date. |
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See also (Orders of the Day) Order No. 157. |
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197. |
It is not competent for a Member to move, while speaking to a Question, the adjournment of the Debate; but at the unanimous pleasure of the Council leave may be obtained for the Member’s speech to be concluded at a future time, and the Debate shall be thereby adjourned. |
Adjournment of debate whilst speaking to Question. |
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198. |
The Member, upon whose Motion any Debate shall be adjourned, shall be entitled to preaudience on the resumption of the Debate; but a Member who is granted leave to continue speaking and fails so to continue immediately on resumption of the Debate, shall not speak again at any subsequent stage of the debate. |
Preaudience. |
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See also Order No. 166. |
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Resumption of Interrupted Business, see Orders Nos. 71, 76, 77, 128, 372-374. |
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Order and Privilege |
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199. |
Order shall be maintained in the Council by the President. |
Order maintained by President. |
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See (in Committee) Order No. 357. |
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200. |
Members may rise at any time to speak "to Order" or upon a matter of Privilege suddenly arising, except that while the Council is dividing, a Member can only speak to a point of Order by permission of the President and while covered and seated. |
Speaking "to Order" or Privilege. During Division. |
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201. |
All Questions of Order or Privilege shall temporarily suspend the consideration and decision of every other Question; but an adjourned debate on such Questions shall not be entitled to precedence unless so ordered. |
Precedence to Question of Order or Privilege. |
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202. |
All Questions of Privilege, except a Question arising out of the relations between the two Houses of Parliament, shall be at once referred without debate to a Committee of Privilege for inquiry and report, if a Minister of the Crown so claims or the Council so resolves; and on the report of the Committee being received, the Council may take such action as shall appear expedient. |
Questions of Privilege referred to Committee. |
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203. |
Any Member, complaining to the Council of a statement in a newspaper as a Breach of Privilege, shall produce a copy of the paper containing the statement in question, and be prepared to give the name of the printer or publisher. |
Complaint against Newspapers. |
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204. |
Upon a Point of Order being raised, the Member called to Order shall be seated, and after the Question of Order has been stated to the President by the Member rising thereto, the President shall give a ruling or decision thereon. |
Proceedings on Question of Order. |
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205. |
If any objection be taken to a ruling or decision of the President, such objection shall, except during a Division, be taken at once and not otherwise; and having been stated in writing, a Motion shall be made, which, if seconded, shall be proposed to the Council and debate thereon shall stand adjourned and be the first Order of the Day for the next sitting day, unless the Council decides that the matter requires immediate determination. |
Objection to ruling of the President. |
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See (Chairperson) Order No. 360. |
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206. |
If any question arise on any Point of Order during a Division, the President shall decide it, and no exception shall be taken to such decision until the Division is concluded. |
Decision on Point of Order during Division. |
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See also Order No. 200. |
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207. |
When any Member objects to words used in debate, and stating them, desires that they should be taken down, the President, if it appears to be the pleasure of the Council, shall direct them to be taken down by the Clerk accordingly. |
Objectionable words taken down. |
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Every such objection must be taken at the time when such words are used, and shall not be afterwards entertained. |
Objection to be taken at once. |
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See also Order No. 193 and (in Committee) Order No. 359. |
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Rules as to Disorder, etc., see Orders Nos. 208-218. |
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Strangers see Orders Nos. 445-447. |
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CHAPTER XVIII
Disorder - Suspension - Arrest |
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208. |
If any Member persistently and wilfully - |
Disorderly conduct stated. |
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obstructs the business of the Council; or |
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refuses to conform to any Standing or other Order of the Council, or to regard the authority of the Chair, |
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or if any Member, having used objectionable words, refuses either to explain the same to the satisfaction of the President, or to withdraw them and apologise for their use; the President shall name such Member and report the offence to the Council. |
Procedure.
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See (Conduct of Members and Order in Debate) Orders Nos. 161-207. |
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209. |
The President shall similarly report to the Council any Member whom the Chairperson of Committees shall have reported as having committed any of the foregoing offences in a Committee of the whole Council. |
If occurring in Committee. |
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See (in Committee) Orders Nos. 357-359. |
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210. |
When any Member shall be so reported by the President, a Motion may forthwith be made - "That such Member be suspended from the service of the Council" - and such Motion shall be moved and seconded without discussion and be immediately determined. |
Suspension. |
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211. |
If a Member be suspended, the Suspension shall, unless otherwise ordered, be on the first occasion for the remainder of that day’s sitting; on the second occasion of the same Session, for one week; and on the third or any subsequent occasion of the same Session, for one month. |
Period of suspension. |
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212. |
A Member who has been suspended shall immediately withdraw from the precincts of the Council, and shall not presume to re-enter the Chamber during the period of the suspension. Black Rod shall act upon such orders as may be received from the Chair in pursuance of this Order. |
Member suspended to withdraw from precincts. Black Rod. |
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213. |
In cases of very grave disorder the President may, if the President thinks it necessary so to do, adjourn the Council without question put, or suspend the sitting for a time to be named by the President. |
Power to President to adjourn Council or suspend sitting.
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214. |
Whenever a Charge is made against a Member upon any matter which has been reported from a Committee or has otherwise arisen, the Charge must be raised upon a substantive Motion after Notice, and shall be stated before the Member accused shall withdraw. Such Member shall then be allowed the opportunity of explaining to the Council the motives of the conduct in the matter alleged against the Member; after which the Member shall withdraw, and the Council shall at once take the case into consideration. |
When Charge made against a Member. |
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See (Charge in Select Committee) Order No. 399; and (Objectionable Words and Charges against Persons) Order No. 193. |
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215. |
If any Member shall wilfully disobey any Order of the Council, the Member may be ordered to attend in the Member’s place, or, if the Member be under suspension, at the Bar, to answer for the conduct; and, in default, or if the Member’s excuses be deemed unsatisfactory, the Member may be suspended or otherwise dealt with, at the pleasure of the Council. |
When Orders of Council disobeyed. |
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216. |
Black Rod shall, on being directed by the President, deliver into custody any Stranger whom the President may see, or who may be reported to the President to be in any part of the Chamber appropriated to the Members of the Council; and also, any Stranger who, having been admitted into any other part of the Chamber or Gallery, shall display improper conduct or shall not withdraw when Strangers are ordered to withdraw, or who shall obstruct the approaches to the Chamber or occasion a disturbance within the precincts thereof. |
Arrest of Strangers in the Chamber or Gallery. |
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217. |
If a Member or other person be ordered into custody, the arrest shall be reported to the Council by the President without delay; and a time shall be fixed for such Member or other person to be brought to the Bar to be censured, fined, committed, or otherwise dealt with by the Council. The Member or person so committed shall remain in custody for the period directed, unless sooner discharged by order of the Council, or the fine be paid, or the Session of Parliament be concluded. |
Arrests to be reported and time fixed for further procedure.
Period of custody. |
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218. |
The Council shall interfere to prevent the prosecution of any quarrel between Members arising out of debates or proceedings of the Council or any Committee thereof. |
Council will not permit quarrels. |
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Witnesses, see Order No. 432. |
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CHAPTER XIX
Divisions |
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219. |
The Council shall not proceed to a Division if only one voice has been given for the Ayes or for the Noes. |
If only one voice on either side, no Division.
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See Call for Division Order No. 129. |
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220. |
A Member calling for a Division shall not leave the Chamber until the Division is concluded, and shall vote with those whose voices, in the opinion of the President, were in the minority. |
Member calling must vote with minority of voices. |
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See Order No. 129. |
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221. |
A call for a Division may, by leave of the Council, be withdrawn, at any time before the Tellers are appointed, and the Division shall not be proceeded with. |
Call may be withdrawn. |
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222. |
Before the Division is proceeded with, the Clerk shall ring the Division bells, and turn a two-minute sand-glass kept on the Table for that purpose, and, so soon after the lapse of two minutes as the President shall direct, the doors shall be closed and locked, and so remain until the Division is concluded, so that no Member may enter or leave the Chamber. |
Bells rung, and sand-glass turned.
Doors locked after two minutes. |
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223. |
When the doors have been locked and the Bar drawn, and all the Members are in their places, the President shall again put the question to the Council, and direct the "Ayes" to proceed to the right side of the Chair, and the "Noes" to the left side, and shall appoint one Teller for each party. |
Question put and Members divide to right and left. |
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224. |
Every Member, except the President, present within the Bar when the Question is so put, and qualified to vote, shall be required to vote. |
All present, except the President, must vote. |
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See also (in Select Committee) Order No. 394. |
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225. |
No Member shall be entitled to vote upon any question in which the Member has a direct pecuniary interest not held in common with the rest of the subjects of the Crown, and the vote of any Member so interested may, on Motion, be disallowed by the Council; but this Order shall not apply to Motions or Public Bills which involve questions of State policy. |
Pecuniary interest.
Vote disallowed.
Exception. |
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See (in Committee of the Whole) Order No. 362; and (Select Committee) Order No. 379. |
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226. |
No Member shall be entitled to vote unless the Member was present within the Bar when the Question was put with the doors locked, and the vote of any Member not so present shall be disallowed by the President. |
No Member to vote unless present when the Question is put. |
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227. |
Members having taken their sides, every Member shall then be counted and the Member’s name taken down by the Teller for the respective side, who shall sign the list and present the same to the President, who will declare the result to the Council. |
Members counted, and names taken down. |
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228. |
If there shall be only a single Member on one of the sides, the Division shall not further proceed; and the President shall declare for the "Ayes" or "Noes" as the case may be. |
If only one Member on one side. |
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229. |
In the case of confusion or error concerning the names or the numbers reported, unless the same can be otherwise corrected, the Council shall proceed to another Division. |
In case of error Council again to divide. |
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230. |
If it shall afterwards appear that the names or numbers have been inaccurately recorded, the President shall order the Minutes to be corrected. |
Mistakes corrected in Minutes. |
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231. |
In the case of an equality of votes, the President shall give a *Casting Voice, and any reason given by the President shall be entered in the Minutes. |
President gives casting voice. |
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Where the casting voice of the President has not been exercised, the concurrence or non-concurrence in the passing of the second or third reading of any Bill may be indicated by the President. |
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*See Constitution Act, Sec.26. |
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See (in Committees) Orders Nos. 361, 389 and Joint Standing Order No. 6. |
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232. |
The Division lists shall be entered by the Clerk in the Minutes. |
Lists entered in Minutes. |
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Speaking to Order during Division see Order No. 200. |
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President’s Ruling during Division see Order No. 206. |
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Divisions not to be interrupted see Orders Nos. 60, 69. |
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CHAPTER XX
The Ballot |
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233. |
Before the Council proceeds to Ballot, the bells shall be rung for two minutes as for a Division. |
Bells first rung. |
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See Order No. 222. |
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234. |
The Ballot shall be taken in the following manner:-
A list of the Members, initialled by the Clerk, shall be handed to each Member present, who shall strike out thereon the names of so many Members as are required to be elected whom the Member may think fit and proper to be chosen; and when all the lists are collected, the Clerk, together with two Members to be named by the President, shall ascertain and report to the President the names of the required number of Members having the greatest number of votes; which Members shall be declared to be duly elected. In case of a tie between two or more Members, the President shall determine by lot which shall be chosen. If any list contains a larger or lesser number of names than is required it shall be void and rejected. |
Ballot, how taken. |
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Voting for President see Orders Nos. 18-20. |
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Ballots not to be interrupted see Orders Nos. 60, 69. |
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CHAPTER XXI
Addresses |
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235. |
Addresses to the Sovereign, to either House of the Imperial or the Commonwealth Parliament, or to the Governor, shall be proposed on Motion after Notice, except in cases of urgency, and when agreed to shall be signed by the President. |
Address to the Sovereign, Imperial or Commonwealth Parliament, and Governor. |
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236. |
Addresses of congratulation and of condolence to Members of the Royal Family, and to other persons, shall be proposed and signed in a similar manner. |
To Members of Royal Family and others. |
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237. |
Addresses to the Sovereign, or any Members of the Royal Family, and to other persons, shall be transmitted to the Governor by the President, requesting the Governor to cause the same to be forwarded for presentation. |
How presented to Sovereign, etc. |
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238. |
Addresses to either House of the Imperial or Commonwealth Parliament shall be forwarded in a similar manner for presentation, or, by vote of the Council, be transmitted for that purpose by the President to some Peer or Member of the said Parliaments. |
How presented to Imperial or Commonwealth Parliament. |
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239. |
Addresses to the Governor shall be presented by the President, unless ordered to be presented by the Council in a body or by a deputation of Members named for that purpose. |
How presented to Governor. |
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240. |
When an Address is ordered to be presented by the whole Council, the President, with the Council, shall proceed to Government House, and being admitted to the Governor’s presence, the President shall read the Address to the Governor, the Members who moved and seconded such Address being on the President’s left hand. |
When presented by the whole Council. |
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241. |
When an Address has been presented to the Governor by the whole Council, the Governor’s reply shall be reported to the Council by the President; but if by a deputation, then by the Member first named thereon. |
Governor’s reply, how reported. |
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Address in Reply see Orders Nos. 12, 13, 15. |
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Addresses for Papers see Order No. 449. |
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Joint Addresses see Joint Standing Orders Nos. 10-13. |
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CHAPTER XXII
Messages from The Governor |
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242. |
Whenever a Message from the Governor shall be announced by Black Rod, the business of the Council shall be immediately suspended, and the bearer of the Message shall be introduced to deliver the same to the President in the Chair. |
How received. |
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See (Interrupted Business) Orders Nos. 76, 373. |
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243. |
The President shall immediately read the Message to the Council, Members being uncovered. |
How read. |
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244. |
So soon as the Message has been read, the bearer of the Message shall withdraw. |
Messenger withdraws. |
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245. |
The Message may, if necessary, be at once considered, or may be ordered to be printed and a future time fixed for its consideration. |
Message, when considered. |
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246. |
A Message from the Governor may be communicated to the Council by a Minister of the Crown from the Minister’s place in the Council. |
Communicated by Minister. |
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When Council in Committee see Order No. 373 |
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Recommending Amendments to Bills see Order No. 342. |
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CHAPTER XXIII
Communication Between the Two Houses |
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247. |
Communication with the House of Assembly shall be by Message, by Conference, or by Committees conferring with each other. |
Modes of communication. |
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BY MESSAGE |
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248. |
A Motion to communicate any Resolution of the Council to the House of Assembly by Message may be moved without Notice. |
Messages moved for without Notice. |
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249. |
Every Message from the Council to the House of Assembly shall be in writing and signed by the President, and shall be delivered by the Clerk, the Deputy Clerk, or a Clerk-Assistant, during the sitting of the Council. |
To be signed by President and delivered by Clerk. |
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See (in Writing) Order No. 3. |
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250. |
Every Message from the House of Assembly to the Council shall be received without delay by the Deputy Clerk, or a Clerk-Assistant, at the Bar, and be reported by the President as early as may be convenient. A future time shall then be appointed for its consideration unless the Council orders it to be dealt with forthwith. |
From the House of Assembly, how received. |
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See (Interrupted Business) Order No. 76; and (on Bills) Order No. 327. |
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BY CONFERENCE |
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251. |
Conferences desired by the Council with the House of Assembly shall in all cases be requested by Message. |
Conference requested by Message. |
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252. |
In requesting a Conference, the Message from the Council shall state in general terms the object for which the Conference is desired, and the number of Managers proposed to serve thereon, which shall, unless otherwise ordered, be not less than five. |
Object of Conference and number of Managers to be stated. |
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253. |
Every Motion for requesting a Conference shall contain the names of the Members proposed by the Mover to be the Managers for the Council, but if, upon such Motion, any one Member shall so require, the Managers for the Council shall be selected by ballot. |
Managers nominated, but may be appointed by ballot. |
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See (Ballot) Orders Nos. 233, 234. |
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254. |
Conferences may be held during any adjournment of the Council, but when held during a sitting, the business of the Council shall be suspended, unless otherwise ordered by the Council. |
Time for holding Conference. |
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See (Interrupted Business) Order No. 76; and (in Committee) Order No. 373. |
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255. |
No Conference shall be requested by the Council upon the subject of any Bill or Motion of which the House of Assembly is at the time in possession. |
By whom Conference requested. |
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256. |
The number of Managers to represent the Council in a Conference requested by the House of Assembly shall be the same as that of the Managers for the House of Assembly. |
If by House of Assembly, number of Managers. |
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257. |
In respect of a Conference requested by the House of Assembly, the time and place for holding the same shall be appointed by the Council; and when the Council requests a Conference, it shall agree to its being held at such time and place as shall be appointed by the House of Assembly. Such appointment or agreement shall be communicated by Message. |
House agreeing to Conference to name time and place. |
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258. |
At all Conferences requested by the House of Assembly, the Managers for the Council shall assemble at the time and place appointed, and receive the Managers for the House of Assembly. |
When Council receives Assembly Managers. |
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259. |
The Resolutions to be communicated by the Managers for the Council shall be in writing; and the Managers for the Council shall not receive any communication from the Managers for the House of Assembly unless the same be in writing. |
Communications to be in writing. |
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See (in Writing) Order No. 3. |
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260. |
It shall be the duty of the Managers for the Council - |
Proceedings at Conference. |
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(a) |
when the Conference is requested by the Council - to read to the Managers for the House of Assembly any Resolution adopted by the Council, and to deliver to them the same, together with the Bill (whenever Amendments to a Bill are the subject of the Conference); |
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(b) |
when the Conference is requested by the House of Assembly - to hear and receive from the Managers for that House the like matter which they may have to communicate, |
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and thereupon the Managers for the Council shall be at liberty to confer freely by word of mouth with the Managers for the House of Assembly. |
To confer by word of mouth. |
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Where a Bill is concerned: |
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In the case of (a), except where otherwise ordered, it shall then be the endeavour of the Managers for the Council to obtain a withdrawal of the point in dispute between the Houses, and failing this, a modification of the same by way of further amendment; |
Duty of Managers for Council in case of Bills. |
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And in the case of (b) it shall be competent to the majority of the Managers for the Council to agree to recommend to their House such solution of the question as shall seem to such majority, after conference, most likely to secure the final agreement of the two Houses. |
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but no Amendment shall be proposed or agreed to by them in any words to which both Houses have so far agreed, unless these be immediately affected by the disagreement in question. |
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See (Amendments to Bills) Order No. 329; and (in case of Money Bills) Order No. 341. |
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261. |
When the Conference has terminated, the Managers for the Council shall report the result to the Council in writing forthwith or at such time as the Council has otherwise ordered. |
Result to be reported. |
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262. |
There shall be only one Conference on any Bill or other matter. |
Not more than one Conference. |
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Conference on Bills see Orders Nos. 334, 338; and Money Bills Order No. 341. |
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BY COMMITTEES |
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263. |
Any Select Committee of the Council may be granted leave or ordered to confer with a similar Committee of the House of Assembly; but may not otherwise so confer. |
Select Committee to confer by order only. |
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See (Standing Committees) Order No. 416. |
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264. |
When any such leave has been granted or order made, it shall be communicated by Message to the House of Assembly, with a request that leave may be given to the similar Committee of that House to confer with the Committee of the Council. |
Conference desired by Message. |
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265. |
Every Committee of the Council conferring with any Committee of the House of Assembly may confer freely by word of mouth, unless the Council shall otherwise order. |
Committees communicate by word of mouth. |
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266. |
A Report of the proceedings of every Conference between a Committee of the Council and a Committee of the House of Assembly shall be made in writing to the Council, signed by the Chairperson of its own Committee. |
Committees to report proceedings in writing. |
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See (in Writing) Order No. 3. |
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The Conferring of Standing Committees see Order No. 416. |
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Joint Committees see Joint Standing Orders Nos. 1-9. |
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CHAPTER XXIV
Public Bills
Definition, Initiation, Contents, Etc. |
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267. |
Every Bill not initiated under the Private Bill Orders or ruled to be a Private Bill shall be deemed to be a Public Bill. |
Definition of Public Bill. |
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268. |
Bills of a hybrid nature introduced to the Council by the Government, which - |
Hybrid Bills. |
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(a) |
have for their primary and chief object to promote the interests of one or more Municipal Corporations, District Councils, or public local bodies, rather than those of Municipal Corporations, District Councils, or public local bodies generally; |
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(b) |
authorise the granting of Crown or waste lands to an individual person, a company, a corporation, or local body, |
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shall be proceeded with as Public Bills, but shall each be referred to a Select Committee after the second reading. |
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See (Select Committees) Orders Nos. 305, 310, 377, sqq. |
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269. |
Every Public Bill, except such as may be brought from the House of Assembly, shall be initiated, either by a Motion asking for leave to bring in the Bill and specifying its Title; or by a Motion to nominate a Committee, of not less than two Members, to prepare and bring it in. |
Initiation. |
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See (Priority of Motion on Notice Paper) Order No. 64. |
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270. |
The Member having leave, or one of the Committee appointed, to bring in a Bill, shall present a fair copy thereof, signed by the Member, to the Council, at the Bar, and may so present it at any time when other business is not before the Council. |
Presentation at the Bar. |
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271. |
Such matters as have no proper relation to each other shall not be included in one and the same Bill. |
Contents to be mutually relevant. |
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272. |
In every Bill, as presented to the Council, the Title shall coincide with the Order of Leave, and there shall be no clause that is not within the Title. |
Title and clauses. |
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See (Amendment of Title) Orders Nos. 293, 315. |
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273. |
The duration of any Bill, the provisions of which are intended to be temporary, shall be inserted in a distinct clause at the end thereof. |
Duration of temporary Act to be specified. |
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274. |
A Bill may amend or repeal an Act of the same Session. |
Amending Act of same Session. |
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275. |
If more than one Bill dealing with the same subject appears on the Notice Paper, such of them as the Council may decide shall be withdrawn or deferred, or the Bills may be consolidated. |
Two or more Bills dealing with same subject. |
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See (Instructions) Order No. 424. |
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276. |
Every Bill not prepared pursuant to the Order of Leave, or according to the Standing Orders of the Council, shall be withdrawn, unless at the time of the irregularity being noticed the Bill is before a Committee; and if withdrawn, a new Bill may be forthwith presented in lieu thereof under the same Order of Leave. |
If irregular, to be withdrawn.
Bill presented in lieu of one withdrawn. |
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Bills appropriating Revenue or Clauses dealing with Taxation, etc. |
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277. |
If any Bill or Amendment received from the House of Assembly be a Bill or Amendment for the Appropriation of any part of the Revenue, or of any tax, rate, duty, or impost, the Council will not proceed with such Bill or Amendment unless the Clerk of the House of Assembly shall have certified upon the Bill that the purpose of such appropriation has been recommended to the House of Assembly by the Governor during the current Session.* |
Council will not proceed with Appropriation Bill unless certified. |
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*See Constitution Act, Sec.59. |
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278. |
If any Bill, introduced in the Council by the Government, contains a clause - or if a new clause or amendment is inserted therein in Committee - by which, in order to the better carrying out of the main objects of the measure, Revenue or other public money is appropriated, or if such clause or amendment deals with taxation or the raising, guaranteeing, or repaying, of any loan, the said clause or amendment shall be printed in erased type and shall not be deemed to form any part of the Bill.
The Message transmitting the Bill to the House of Assembly for its concurrence shall also draw attention to the suggestion indicated by the clause or amendment printed in erased type, stating that such a clause or amendment cannot originate in the Council, but is deemed necessary to the Bill. |
Clause appropriating Public Money dealing with taxation, etc., to be in erased type. |
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Procedure in Committee see Order No. 298. |
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Bills Amending the Constitution |
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279. |
If any Bill received from the House of Assembly be a Bill by which an alteration in the Constitution of the Council or House of Assembly is made, the Council will not proceed with such Bill unless the Clerk of the House of Assembly shall have certified upon the Bill that its second and third readings have been passed with the concurrence of an absolute majority of the whole number of the Members of the House of Assembly.* |
Council will not proceed with Bill for alteration of Constitution unless certified. |
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*See Constitution Act, Sec. 8. |
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Certificate in Council see Order No. 321. |
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Procedure on second and third readings see Order No. 282. |
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Readings |
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280. |
On every order for the reading of a Bill, the Title only shall be read. |
Title only read. |
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281. |
If the question that a Bill be now read a second or a third time be negatived, the Bill may be revived, on Motion after Notice or as provided in Order No. 68, but if the Bill be ordered to be read a second or a third time "this day six months", it shall be withdrawn from the Notice Paper, and shall not be revived during the same Session. This Standing Order shall not be suspended. |
Effect of negative vote and of six months’ postponement. Order not to be suspended. |
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282. |
Before the question for the second or third reading of a Bill to alter the Constitution of either House of the Legislature is put from the Chair, the President shall count the Council; and, if the question be carried by a majority less than an absolute majority of the whole number of the Members of the Council, the Bill shall be read a second or third time, as the case may be, but shall not be further proceeded with, nor shall it be revived during the same Session. This Standing Order shall not be suspended. |
Constitution Bills: procedure when majority less than absolute majority.
Order not to be suspended. |
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First Reading |
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283. |
Upon a Bill being presented by a Member or received in due order from the House of Assembly for the concurrence of the Legislative Council, the Bill shall be read a first time without any question being put. |
First Reading. |
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284. |
After the first reading, the Bill shall be printed and the second reading of the Bill may be moved forthwith or on motion at a later hour of the same day or made an Order of the Day for a future day. If the second reading of the Bill is moved forthwith after its first reading, the debate thereon shall be immediately adjourned until a future day. |
Second Reading. |
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Alterations of text see Order No. 324. |
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285. |
Standing Order repealed.
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Second Reading
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286. |
On the Order of the Day being read for the Second Reading of a Bill, the Question shall be proposed "That this Bill be now read a second time". |
Question for Second Reading. |
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287. |
To such Question the only Amendments which may be moved shall be - |
Amendments to Question. |
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(i) |
To leave out "now", and to add "this day six months"; or |
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(ii) |
In the form of a Resolution strictly relevant to the objects of the Bill, |
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but the Previous Question may be proposed. |
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The Amendments stated in paragraph (i) are not themselves open to amendment, and whenever they are moved, the decision of the Council as to whether or not the word "now" shall stand shall be held to be conclusive upon the whole question, and the President shall forthwith declare the second reading to be carried or to be deferred for six months, as the case may be. |
How determined. |
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See (Previous Question) Orders Nos. 144-152. |
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See also (as to revival) Order No. 281; and (Constitution Bills) Order No. 282. |
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Committal
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288. |
Every Bill, on being read a second time, shall, except as provided in Order No. 282, stand committed, and unless it be on motion or by these Orders, referred to a Select Committee, or a Motion be made for the Committee stages to be taken on motion at a later hour of the same day or made an Order of the Day for a future day, the President shall leave the Chair and the Council shall resolve itself into a Committee of the Whole for the consideration of the Bill: Provided that where notice of an Instruction has been given such Instruction may be first disposed of. |
Committal.
Instruction. |
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See (Instructions) Orders Nos. 421-428; (Hybrid Bills) Order No. 268; and (Consolidation Bills) Joint Standing Order No. 18. |
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289. |
No Motion for referring a Bill to a Select Committee shall be entertained after the Chairperson of Committees shall have reported the Bill. |
Restriction on reference to a Select Committee. |
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Recommittal see Orders Nos. 307, 313. |
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Committees of the Whole on Bills
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290. |
The following order shall be observed in considering a Bill and its title, viz.:- |
Order of consideration. |
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(I.) |
The Clauses seriatim and any proposed new clauses; |
(II.) |
Postponed Clauses (not having been specially postponed to certain other clauses); |
(III.) |
The Schedules and any proposed new Schedules; |
(IV.) |
The Preamble; |
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(V.) |
The Title, |
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and the same order shall be observed when a Bill is reconsidered or recommitted. |
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See (in Select Committee) Order No. 305. |
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291. |
The Chairperson shall read each Clause and Schedule separately to the Committee, and shall put upon each Clause and Schedule the question "That this Clause (or Schedule) stand as printed." |
Clauses and Schedules read and put. |
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In reading the Clauses and Schedules it shall be sufficient to read the numbers and marginal notes only. |
In what manner read. |
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292. |
The words of Enactment at the beginning of a Bill are not to be put to the Committee unless under an Instruction from the Council. |
Words of Enactment. |
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See (Instructions) Orders Nos. 421-426. |
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293. |
Any Amendment may be made to any part of a Bill, provided the same be relevant to the subject matter of the Bill, or pursuant to any Instruction, and be otherwise in conformity with the Standing Orders of the Council; but if any Amendment shall not be within the Title, the Committee shall amend the Title accordingly and report the same specially to the Council. |
Amendments must be relevant, etc.
Title. |
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See (Instructions) Orders Nos. 421-426 and (Amending Title at Third Reading) Order No. 315. |
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294. |
No Amendment shall be made by which the principle of a Bill, as affirmed by its second reading, is reversed. |
Principle of Bill not to be reversed. |
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295. |
No new Clause or Amendment shall at any time be proposed which is substantially the same as one already negatived by the Committee, or which is inconsistent with one that has been already agreed to by the Committee, unless a recommittal of the Bill shall have intervened. |
Decisions not to be reviewed till Bill recommitted. |
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See also Order No. 364; (on Reconsideration) Order No. 300; and (Same Question) Order No. 124. |
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296. |
If a Clause or Schedule be amended, a further question shall be put, "That the Clause (or Schedule) stand as amended". |
Clauses put as amended. |
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297. |
Any Clause may be postponed, unless it has already been amended. |
Clauses postponed. |
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298. |
No question shall be put upon any Clause printed in erased type. |
Clauses in erased type. |
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See Order No. 278. |
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299. |
Debate shall be confined to the Clause, Schedule, or Amendment immediately before the Committee. |
Debate confined to single question. |
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See also Orders Nos. 185, 366. |
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300. |
When a Bill has been gone through, its Reconsideration, in whole or in part, may be moved for the purpose of making Amendment or further Amendment thereto; but upon such Reconsideration no Amendment, not being a merely consequent Amendment, shall be entertained in respect of words which have been the subject either of a previous Amendment or of a proposed Amendment unless the latter was withdrawn. |
Reconsideration. |
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The Bill may also be Reconsidered under this Order for the purpose of adding specified new Clauses or Schedules. |
New clauses on reconsideration. |
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See also Orders Nos. 290, 295. |
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301. |
A Bill shall not be reprinted during its passage through Committee except by order of the Council. |
Not reprinted before Report. |
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302. |
When the proceedings upon a Bill have not been concluded at the end of any day’s sitting of the Committee, the Chairperson shall be directed to report progress and ask leave to sit again. |
Reporting progress. |
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303. |
When the proceedings upon a Bill have been concluded, the Chairperson shall leave the Chair and report the Bill to the Council, with or without Amendments as the case may be. |
Bill reported by Chairperson. |
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304. |
The Chairperson shall sign a printed copy of every Bill to be reported, with all amendments fairly written thereon; and the Bill so signed shall be handed by the Chairperson to the Clerk when reporting to the Council. |
Chairperson to sign copy of Bill and Amendments: And hand copy to Clerk. |
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Further procedure in Committee see Orders Nos. 351, sqq. |
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Amendments Generally, and Between the Houses see Orders Nos. 324, sqq. |
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Money Bills see Order No. 341. |
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Consolidation Bills see Joint Standing Order No. 18. |
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Procedure before Select Committee
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305. |
The foregoing procedure shall be followed by a Select Committee in considering a Bill, except that a Preamble shall have precedence of the Clauses, and if the allegations contained therein be not found to be true, the Committee, without further considering the Bill, shall so report to the Council. The Committee may also make a Special Report upon the Bill. |
Consideration by Select Committee. |
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Other Procedure in Select Committees see Orders Nos. 377-413. |
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Preamble see Order No. 290. |
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Exception as to Consolidation Bills see Joint Standing Order No. 18. |
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Report
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306. |
Upon a Bill being reported from a Committee of the Whole Council, with or without amendment, the adoption of the Report may be immediately moved, or a future time may be fixed for that purpose, and the Bill, if amended, shall be printed as reported. |
Adoption of Report. |
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307. |
On the Motion for the adoption of the Report, the Bill, either in whole or in part, may, on Motion, be recommitted. |
Recommittal. |
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308. |
In moving for the recommittal of a Bill, for the purpose of adding new Clauses or Schedules, Members must indicate to the Council the number and nature of such Clauses and Schedules. |
Proposed new Clauses to be indicated. |
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See also Orders Nos. 300, 313. |
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309. |
Upon the Report being adopted, the Third Reading shall be made an Order of the Day for a future day. |
Third Reading fixed. |
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See (Exception) Order No. 313. |
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310. |
Except where otherwise ordered, every Bill reported from a Select Committee shall, if not recommitted to the same or another Select Committee, or if notice be not given of a Motion for its withdrawal, be forthwith Recommitted to a Committee of the Whole Council for a future day, and the Report of the Committee shall in the meantime be printed. |
When reported by Select Committee. |
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See (Exception) Joint Standing Order No. 18. |
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311. |
Bills amended by a Select Committee shall, unless otherwise ordered, be reprinted as amended, with every addition or substitution in italic type, and the omissions therefrom included in brackets and underlined. |
If amended by Select Committee, how printed. |
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Third Reading and Passing
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312. |
On the Order of the Day being read for the Third Reading of a Bill, the question shall be proposed "That this Bill be now read a third time"; to which the only Amendment which may be moved shall be, to leave out "now" and to add "this day six months", which Amendment shall be determined in the manner provided at the Second Reading; but the Previous Question may be proposed. |
Question for Third Reading.
Amendments admissible. |
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See (as to Revival) Orders Nos. 281, 282; (Second Reading) Order No. 287; and (Previous Question) Orders Nos. 144-152. |
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313. |
Before the question for the Third Reading is put the Bill, either in whole or in part, may, on Motion, be Recommitted, but in the latter event the number and nature of any proposed new Clauses and Schedules must be first indicated; and if the Bill be reported with Amendment or further Amendment, the Report may be adopted and a future day appointed for the Third Reading, and the Bill shall be again printed as amended; but if no such Amendment has been made, the Bill may be read a Third Time without delay. |
Recommittal on Third Reading. |
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314. |
Before any Bill which has been referred to a Committee of the Whole Council shall be read the third time, the Chairperson of Committees shall certify in writing that the fair print is in accordance with the Bill as agreed to in Committee and reported, and the President shall announce that the Chairperson has so certified. |
Certificate of Chairperson of Committees. |
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315. |
So soon as a Bill shall have been read a third time, the President shall, except as provided in Order No. 282, without permitting discussion, amendment, or adjournment, put a question "That this Bill do now pass": Provided that, if the Title does not conform to the contents of the Bill, the same may be first amended. |
Question for passing put without debate.
Title amended. |
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See (Title) Orders Nos. 272, 293. |
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Transmission and Return to the House of Assembly
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316. |
When a Bill originated in the Legislative Council shall have passed, it shall be sent to the House of Assembly with a Message desiring its concurrence thereto. |
Council Bill sent to Assembly for concurrence. |
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317. |
When a Bill originated in the House of Assembly has passed in the Council with or without amendment it shall be returned, with a Message informing that House that the Council has agreed to the same "without amendment", or "with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly". |
Assembly Bill when passed returned. |
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See (Schedules) Order No. 339; and (Suggested Amendments) Order No. 341. |
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Consolidation Bills see Joint Standing Order No. 18. |
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Certificates
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318. |
When a Bill originated in the Council shall have passed, the Clerk shall certify it as follows: "This Public Bill originated in the Legislative Council, and having this day passed, is now ready for presentation to the House of Assembly for its concurrence". |
On Council Bill when passed. |
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319. |
When a Bill originated in the House of Assembly shall have passed in the Council without amendment, it shall be certified by the Clerk as follows: "This Bill has been agreed to by the Legislative Council without amendment". |
On Assembly Bill not amended. |
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320. |
When a Bill originated in the House of Assembly shall have passed in the Council with amendment, the Clerk shall certify it as follows: "This Bill, with the amendment (or amendments) annexed, has been agreed to by the Legislative Council". |
On Assembly Bill amended. |
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321. |
Whenever any Bill, by which an alteration in the Constitution of the Legislative Council or House of Assembly is made, shall have passed its Second and Third Readings in the Council with the concurrence of an Absolute Majority of the whole number of the Members, the Clerk shall certify the Bill accordingly. |
On Constitution Amendment Bill. |
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See (Assembly Certificate) Order No. 279. |
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322. |
In whatever other way the Council shall subsequently deal with a Bill, the Clerk shall at every stage certify it accordingly. |
At subsequent stages. |
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323 |
All certificates by the Clerk shall be written on the first page of the Bill. |
Where to be written. |
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Before Presentation to Governor see Orders Nos. 349, 345. |
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By Chairperson of Committees see Order No. 314. |
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______________
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Amendments to Bills |
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Generally
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324. |
After the First Reading and before the Bill is issued to Members, no alteration shall be allowed to be made in the text thereof, except by permission of the President at the request of the Member having the Bill in charge; and only such alterations shall be so permitted as are necessary for the correction of errors of printing or drafting or for the omission of words included by mistake. |
Alterations after First Reading. |
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325. |
No Amendment, not being of a merely verbal or formal nature or such as can be made after the Third Reading, shall be made to any Bill after it has been printed and issued to Members otherwise than by a Select Committee or in a Committee of the whole Council. |
Amendment to be made in Committee. |
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326. |
Amendments of a merely verbal or formal nature may be made, and clerical and typographical errors may be corrected, in any part of a Bill by the President at any time during its progress through the Council. |
Verbal Amendments and Clerical Errors. |
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After Third Reading (Title) see Order No. 315. |
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Suggested Amendments see Order No. 341. |
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Governor’s Amendments see Orders Nos. 342-345. |
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General Procedure see Orders Nos. 130, sqq. and 290 sqq. |
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Amendments between the Houses
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327. |
Messages coming from the House of Assembly transmitting or dealing with Amendments shall be considered in Committee of the Whole Council, either forthwith or at such future time as the Council shall appoint.
If not considered forthwith, the Message or the Amendments shall be printed as Members may require. |
All Messages considered in Committee. |
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328. |
No Amendment shall be proposed to an Assembly’s Amendment that is not strictly relevant thereto. |
Amendment must be relevant. |
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329. |
No Amendment shall be proposed to any words of a Bill which have been agreed to by both Houses, unless it be strictly relevant to or consequent upon the acceptance, amendment, or rejection of a previous Amendment as hereinafter provided. |
Amendment to Bill restricted. |
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See Orders Nos. 333, 334, 336; and (at Conference) Order No. 260. |
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330. |
Whenever the Council agrees to an Amendment made by the House of Assembly, a Message shall be sent informing that House thereof and returning the Bill if the same be an Assembly Bill. |
When Amendment agreed to. |
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331. |
Whenever the Council disagrees to an Amendment made by the House of Assembly, the Bill shall be returned with a Message informing that House thereof and desiring the reconsideration of the Bill. The Council shall also assign therewith Reasons for such disagreement. |
When Amendment disagreed to. |
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See (Reasons) Order No. 340. |
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332. |
Whenever the Council agrees to an Assembly’s Amendment with amendment, or makes any further Amendment to the Bill, the Bill shall be returned with a Message, transmitting a Schedule of such Amendment, and desiring the concurrence of the House of Assembly thereto. |
When Amendment amended. |
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See (Schedules) Order No. 339. |
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In Bills Originated in the Council
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333. |
When the House of Assembly returns a Bill with Amendments, such Amendments may be - |
Assembly’s Amendments, how dealt with. |
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I. |
Agreed to, with or without amendment, and with any necessary consequent Amendment to the Bill; or |
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II. |
Disagreed to; and, if desired, further amendments made to the Bill in words reinstated by disagreement; or |
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III. |
Postponed as to their consideration for six months, |
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or the Bill may be ordered to be laid aside. |
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334. |
If the House of Assembly again returns the Bill with a Message informing the Council that it - |
Further proceedings on Council Bills. |
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I. |
Insists on its original Amendments to which the Council has disagreed; or |
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II. |
Disagrees to Amendments made by the Council; or |
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III. |
Agrees to Amendments made by the Council with further amendments; or |
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IV. |
Proposes further Amendments in lieu of and relevant to the Amendments disagreed to by the Council, |
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the Council may - |
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As to I. - Agree, with or without amendment, to the Amendments to which it had previously disagreed, and make, if necessary, consequent Amendments to the Bill; or may insist on its disagreement to such Amendments, |
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and may - |
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As to II. - Insist, or not insist, on its Amendments, |
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and may - |
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As to III. and IV. - Agree, with or without amendment, to such further Amendments of the Assembly, making consequent amendments to the Bill, if necessary; or may disagree thereto, |
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and, if the Council shall so insist or disagree or if the Bill in cases of further Amendment be again returned by the House of Assembly with any of the requirements of the Council still disagreed to, or with further Amendments upon such Amendments to which the Council will not agree, the Council shall either request a Conference or order the Bill to be laid aside. |
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See (Conferences) Orders Nos. 251-262. |
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335. |
If the Council resolves not to insist on any of its requirements, a Message shall be sent to the House of Assembly informing that House thereof.
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Final agreement communicated. |
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In Bills Originated in the House of Assembly
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336. |
When the House of Assembly - |
Further proceedings on Assembly Bills. |
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I. |
Disagrees to Amendments made by the Council; or |
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II. |
Agrees to Amendments made by the Council with amendments; or |
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III. |
Proposes Amendments in respect of words reinstated by disagreement, |
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the Council may - |
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As to I. - Insist, or not insist, on its Amendments; and may make amendments in lieu of and relevant to those to which the House of Assembly has disagreed; or may order the Bill to be laid aside, |
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and may |
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As to II. and III. - Agree to the Assembly’s Amendments, with or without amendment, making consequent amendments to the Bill if necessary; or may disagree thereto and insist on its own Amendments; or may order the Bill to be laid aside. |
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337. |
If the Council insists, or does not insist, on its Amendments, a Message shall be sent to the House of Assembly informing that House thereof and returning the Bill. |
Final decision communicated. |
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338. |
If a Conference be held with the House of Assembly, the Bill shall be brought back by the Managers, and if the Recommendations from the Conference be not adopted by the Council, or if no Recommendation be reported by the Managers, the Council shall either resolve not to further insist on its requirements, or shall order the Bill to be laid aside.
If such Recommendations be adopted, or if the Council does not further insist, a Message shall be sent to the House of Assembly accordingly. |
Procedure after Conference. |
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See (Conferences) Orders Nos. 251-262. |
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Schedules and Reasons
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339. |
Every Schedule of Amendments, required to be transmitted to the House of Assembly, shall contain specific reference to the page and line of the Bill where words are to be inserted, added, or left out - or to the Amendment of the House of Assembly which is proposed to be amended - and shall describe each proposed Amendment. The Schedule shall be signed by the Clerk and annexed to the Bill. |
Schedules of Amendments. |
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See (Schedule) Orders Nos. 332, 341. |
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340. |
Whenever Reasons are assigned in case of disagreement, the same shall be drawn up by a Committee of three Members, to be nominated for that purpose when the Council adopts the report of the Committee of the whole Council disagreeing to the Amendments in question; and a Schedule thereof shall be signed by the Clerk and annexed to the Bill. |
Schedules of Reasons. |
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See (Reasons) Order No. 331. |
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Suggestions in Money Clauses
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341. |
Whenever the Council shall, in an Assembly Bill, desire the amendment of any "Money Clause", as is provided in Part 2 of the Constitution Act 1934, as amended from time to time, or the insertion of any such additional "Money Clause", the foregoing procedure relating to Bills shall be varied in respect of the following particulars, viz:- |
Procedure on Suggested Amendments. |
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In Committee
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When a Motion – "That it be a suggestion to the House of Assembly to amend any Clause" - has been carried, the Chairperson shall put a question - that the Clause, as suggested to be amended, be agreed to. |
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Report
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The Chairperson shall report that the Committee has gone through the Bill and agreed to the same with certain Suggested Amendments.
The reported Bill when reprinted shall show - |
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(a) |
all Suggested Amendments involving insertion of words in erased type; and |
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(b) |
all Suggested Amendments involving deletion of words in erased type, underlined and enclosed in brackets. |
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Third Reading and Passing
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The Question first proposed at theThird Reading shall be - "That the Bill, with the Suggested Amendments, be now read a Third Time and passed". |
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Return to the House of Assembly
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The Bill shall be returned to the House of Assembly with a Schedule of the Suggested Amendments and the following Message:- The Legislative Council has agreed to the Bill returned herewith titled …… with the Suggested Amendments indicated by the annexed Schedule, which Amendments the Legislative Council requests the House of Assembly to make to the said Bill. |
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See (Schedule) Order No. 339. |
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If Returned by House of Assembly
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If the House of Assembly does not agree to make the Suggested Amendments, or agrees to make some and not others, or agrees to them with amendment, and returns the Bill to the Legislative Council with a Message to that effect, together with reasons for the action of that House, the Council shall insist or not insist on its Suggested Amendments, or agree or not agree to the Assembly’s Amendment. But should the Council so insist or not agree, it shall either request a Conference or lay the Bill aside. |
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See (Conferences) Orders Nos. 251-262. |
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At Conferences
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At a Conference it shall be the endeavour of the Managers for the Council to obtain the agreement of the Managers for the House of Assembly to the Council’s requirements, and failing this, to a modification of the same by way of further amendment. |
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See Order No. 260. |
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After Conference
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If after Conference held there be not agreement with the House of Assembly, the Bill shall be laid aside, and shall not be revived during the same Session. |
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Governor’s Amendments
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342. |
Whenever the Governor shall return by Message to the Council any Bill presented to the Governor by the President for the Royal Assent, together with any amendment which the Governor desires to be made thereto, such Amendment shall be treated and considered in the same manner as Amendments made by the House of Assembly to Bills originated in the Council. |
Governor’s Amendments treated like those of Assembly. |
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See Order No. 333; and (Messages from the Governor) Orders Nos. 242-246 |
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343. |
When the Council shall have agreed to any Amendment recommended by the Governor, with or without amendment, such Amendment, together with any alterations rendered necessary to be made in the Bill in consequence of such Amendment, shall be forwarded by Message to the House of Assembly for its concurrence; and any Amendment made by the House of Assembly thereto shall be dealt with in the same manner as Amendments made by that House to Bills originated in the Council. |
If agreed to, to be forwarded to Assembly.
Assembly’s Amendments. |
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See Orders Nos. 333-335. |
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344. |
Amendments recommended by the Governor to Bills originated in the House of Assembly which shall have been agreed to by that House and forwarded for the concurrence of the Council, shall be proceeded with in the same manner as Amendments made by the House of Assembly upon the Council’s Amendments to Bills first received from the Assembly. |
If received through the Assembly. |
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See Orders Nos. 336-338. |
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345. |
When any Amendment recommended by the Governor in any Bill originated in the Council has been agreed to by both Houses, with or without Amendment, the Bill shall be fair printed as amended and presented by the President to the Governor for the Royal Assent, having been certified as in manner hereinafter provided; but if such Amendment be disagreed to by the Council, or if no agreement between the two Houses be arrived at thereon, the President shall again present to the Governor for the Royal Assent the Bill in the form as first presented by the President for that purpose. |
When Amendment finally agreed to, Bill again presented to Governor.
When disagreed to. |
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See (Certificate) Order No. 349. |
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______________
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Revival in Next Session* |
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*See Constitution Act, Sec. 57.
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346. |
A Bill which has passed its Second Reading in either House, but shall not have been finally disposed of at the close of the Session, may, in the next Session of the same Parliament, be restored to the stage reached in the previous Session by the carrying of a Motion, after Notice, that the Bill be restored to the Notice Paper. |
Bill revived in next Session at same stage. |
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Such Motion shall be put to the Council without any debate. |
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See also Order No. 174. |
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347. |
For the purposes of the next preceding Order, and until otherwise defined by law, the word "Parliament" shall comprise the period elapsing between a general election for the House of Assembly and the next ensuing dissolution or expiry of that House; and the word "stage" shall mean the commencement of whatever stage such Bill had reached. |
Definition of "Parliament" and "stage". |
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Presentation for Assent
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348. |
Every Bill originated in the Council, which shall have been finally agreed to by both Houses, shall be fair printed and presented by the President to the Governor for the Royal Assent. |
Council Bills when finally passed presented to Governor by President. |
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349. |
No Bill shall be so presented until certified by the signatures of the President and the Clerk as having originated in the Council and finally passed both Houses. |
Bills not to be presented unless certified. |
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See also Order No. 345. |
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Bill not Assented to prior to Prorogation see Joint Standing Order No. 17. |
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______________
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Deposit of Acts
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350. |
One copy of every Act of the Parliament, bearing the signature of the Governor, shall be delivered to the Clerk, for deposit amongst the records of the Council. |
Copy of all Acts to be deposited with Clerk. |
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Custody of Records see Order No. 31. |
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______________
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CHAPTER XXV
Committees of the Whole Council |
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351. |
A Committee of the Whole Council shall, where not appointed by these Orders, be appointed by a Resolution that the Council resolve itself into a Committee of the Whole either "now" or at some future time. |
Committees of the Whole, how appointed. |
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See (Exceptions) Orders Nos. 288, 310. |
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352. |
Whenever an Order is made for the Council to resolve itself into Committee forthwith, and whenever an Order of the Day is read for a Committee of the Whole Council, the President shall leave the Chair without Question put, and the Council shall thereupon resolve itself into such Committee: Provided that, where Notice of an Instruction has been given, such Instruction may be first disposed of. |
President leaves Chair without Question put.
Instruction. |
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See Order No. 288; and (Instructions) Orders Nos. 421-426. |
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353. |
The President shall, unless it be otherwise ordered, take the Chair of Committees of the Whole Council. |
President to act as Chairperson. |
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354. |
A Quorum shall consist of ten Members, including the Chairperson. |
Quorum. |
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See (Quorum of Council) Note to Order No. 50. |
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355. |
A Committee shall consider such matters only as shall have been referred to it by the Council. |
To consider only only matters referred. |
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See (in Select Committees) Order No. 397. |
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356. |
Except as provided by the Orders contained in this chapter, the same rules for regulating debate, divisions, order, and general procedure shall be observed in Committee as in the Council itself. |
Rules of procedure. |
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See Orders Nos. 161, sqq., 219, sqq., 199, sqq., etc.; and (Exceptions) Orders Nos. 363, 365, 366. |
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357. |
Order shall be maintained in Committee by the Chairperson; but disorder therein can only be censured or punished by the Council, and on receiving a Report from the Chairperson. |
Chairperson maintains order, but Council punishes disorder. |
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See (Disorder, etc.) Orders Nos. 208-218. |
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358. |
If any grave disorder arises, the Chairperson shall leave the Chair and the Council having resumed, make Report to the President. |
Grave disorder. |
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359. |
When a Member, having used objectionable words, refuses either to explain them to the satisfaction of the Chairperson or to withdraw them, and whenever objectionable words have been taken down, the Chairperson shall forthwith report the occurrence to the President in the Chair. |
Objectionable words. |
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See Orders Nos. 207, 193 and 208, sqq. |
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360. |
If any objection be taken to a Ruling or decision of the Chairperson, such objection shall be taken at once and not otherwise; and, having been stated in writing, the Chairperson shall leave the Chair and the Council shall resume, and the matter be laid before the President. |
Objection to Ruling of Chairperson. |
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See (President) Order No. 205. |
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361. |
The Chairperson shall have a Casting Voice only, and any reason for the vote stated by the Chairperson shall be entered in the Minutes. |
Chairperson has casting voice only. |
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See (President) Order No. 231. |
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362. |
Any Question of Personal Interest as affecting a Member’s vote, arising in the Committee, shall be determined by the Committee. |
Personal Interest, how determined.
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See (Definition of Interest) Orders Nos. 225, 379. |
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363. |
A Motion made in Committee need not be seconded. |
Motions not seconded. |
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364. |
A Motion contradictory of, or inconsistent with, a previous decision of the Committee shall not be entertained unless a recommittal shall have intervened. |
Decisions not to be reviewed till after recommittal. |
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See also (Bill in Committee) Orders Nos. 295, 300. |
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365. |
No Motion for the Previous Question can be made in Committee. |
No Previous Question. |
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366. |
Members may speak more than once to the same question, and debate shall be confined to the Motion or Amendment immediately before the Committee. |
Members may speak more than once, and to confine debate to question. |
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See Orders Nos. 185, 299. |
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367. |
When the Chairperson shall have directed a Member who persists in continued irrelevance, prolixity, or tedious repetition to discontinue speaking, the Member named shall not be again heard during the discussion of the question then before the Chair. |
Irrelevance, prolixity, or tedious repetition. |
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See (Order in Debate) Order No. 186. |
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368. |
If notice be taken that a Quorum of Members is not present, the bells shall be rung as for a Division, and, if a Quorum be not made up before the expiration of two minutes, the Chairperson shall leave the Chair, and report to the President accordingly. |
Want of Quorum noticed. |
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No Member shall leave the Chamber while the bells are ringing. |
Members not to leave Chamber. |
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See (Further Procedure) Order No. 53. |
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369. |
If it appears from a Division that a Quorum is not present, the Chairperson shall leave the Chair and report to the President accordingly, and no decision shall be considered to have been arrived at by such Division. |
Want of Quorum in Division.
No decision. |
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See also Order No. 53. |
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370. |
When the consideration of all matters referred to a Committee has been concluded, the Chairperson shall leave the Chair and report the Resolutions of the Committee to the Council; and when the consideration of such matters has not been concluded, the Chairperson shall be directed to report progress and ask leave to sit again. |
Report.
Progress reported. |
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See (Bills) Orders Nos. 302, 303. |
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371. |
A Motion - |
Certain motions to be immediately determined, and repetition limited. |
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I. |
That the Question be now put; |
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II. |
That the Chairperson report progress and ask leave to sit again; |
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III. |
That the Chairperson do now leave the Chair, |
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shall always be in order, if made so as not to interrupt a Member speaking, and shall be moved without discussion and be immediately determined; but none of these motions shall be again entertained within the next fifteen minutes unless it be moved by the Member in charge of the Bill or other matter before the Committee; nor shall any Member, not being such Member in charge, move more than one of such Motions during the same sitting. |
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See (Corresponding Motions in Council) Orders Nos. 127, 195, 59. |
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372. |
A Motion "That the Chairperson do now leave the Chair" will, if carried, supersede the proceedings of a Committee, but the Committee may, on Motion after Notice or as provided in Order No. 68, be revived for a future day. |
Motion: That the Chairperson leave the Chair. |
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373. |
The Chairperson shall leave the Chair without Question put - |
When Chairperson leaves Chair without Question put. |
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Whenever a Message is brought from the Governor; |
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When the time is come for holding a Conference, or for doing anything which the Council has ordered to be done at a stated time; |
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For the purpose of reporting Resolutions, Bills, matters of Order, or want of Quorum, |
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and, on the cause of the interruption, other than a want of Quorum, being disposed of, if any business of the Committee remain unfinished, the same shall be resumed in Committee at the point where it was so interrupted. |
Interrupted business resumed. |
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See Orders Nos. 242, 254, 69, 370, etc.; and (Half Past Six O’Clock Rule) Order No. 60. |
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374. |
If the proceedings of a Committee be interrupted by a Count-out followed by an adjournment of the Council, the Council may order the resumption of such Committee on a future day, on Motion after Notice or as provided in Order No. 68 and the proceedings shall then be resumed at the point where they were so interrupted. |
Business interrupted by Count-out. |
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See (Similar Interruption in Council) Order No. 77. |
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Instructions see Orders Nos. 421-426. |
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Procedure on Bills see Orders Nos. 288-304. |
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Strangers see Orders Nos. 445-447. |
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Speeches and Proceedings see Orders Nos. 187, 190. |
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______________
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Report to Council
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375. |
Every Report from a Committee of the Whole shall be brought up and received by the Council, without Question put. |
Report received without Question. |
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376. |
The Resolutions so reported may then be agreed to or disagreed to; or agreed to with amendments, or recommitted; or the further consideration thereof may be postponed. |
Resolutions, how dealt with. |
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Bills on Report see Orders Nos. 306-309. |
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______________
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CHAPTER XXVI
Select Committees - Standing Committees
SELECT COMMITTEES
Constitution and General Procedure |
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377. |
Every Select Committee shall, unless it be otherwise ordered, consist of five Members to be nominated by the mover; but if any one Member so demands, they shall be elected by ballot. |
To consist of five Members. |
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378. |
The President shall be ex officio a Member and Chairperson of the Library and Standing Orders Committees, and a Member (and alternating Chairperson) of the Joint Parliamentary Service Committee, but shall not be liable to be elected to any other. |
President and Chairperson of Committees. |
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See Order No. 414. |
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379. |
No Member shall sit on a Committee who has a direct pecuniary interest in the inquiry before such Committee, not held in common with the rest of the subjects of the Crown and any question of interest arising in Committee may be determined by the Committee. |
Pecuniarily interested Member not to sit. |
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See also Orders Nos. 225, 362. |
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380. |
Members may be discharged from attending a Committee and other Members substituted on Motion after Notice. |
Members discharged and substituted. |
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381. |
Any Notice of Motion for discharging, substituting, or adding Members shall contain the names of the Members proposed to be discharged; but the Members to be added or substituted shall be elected by ballot. |
Members discharged, named. New Members elected. |
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See (Ballot) Orders Nos. 233, 234. |
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382. |
On the appointment of every Committee, a day shall be fixed for the reporting of their proceedings to the Council. |
Day fixed for bringing up Report. |
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383. |
Leave may be granted to a Committee, on the application of the Chairperson, on Motion without Notice, to report, from time to time, its opinions or observations, or the Minutes of Evidence only, or its Proceedings. |
Progress Report. |
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384. |
Whenever it may be necessary, the Council may give a Committee power to send for persons, papers, and records, and to adjourn from place to place. |
Power to send for persons, etc., and to adjourn from place to place. |
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385. |
The mover for the Committee, if a Member thereof, shall fix the time for its first meeting: otherwise the Clerk shall summon the Members for some convenient time. |
First meeting. |
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386. |
In Committees consisting of five Members, three shall, unless otherwise ordered, form a Quorum, and in other cases the Quorum shall be appointed by the Council when the Order for the Committee is made. |
Quorum. |
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See also Order No. 417, and Joint Standing Order No. 4. |
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387. |
The Committee, prior to the commencement of business, shall, except where otherwise ordered, elect one of its Members to be Chairperson. |
Election of Chairperson. |
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See (Exception) Order No. 378. |
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388. |
In the absence of the Chairperson, the Committee shall appoint another of its Members to act for the time being. |
Absence of Chairperson. |
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389. |
The Chairperson shall have a casting voice only. |
Chairperson to have a casting voice only. |
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|
See (in the case of Joint Committees) Joint Standing Order No. 6. |
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390. |
If after the lapse of ten minutes from the time appointed for the meeting of a Committee, there shall not be a Quorum, the Members present may retire after entering their names on the Minutes of Proceedings of the Committee; and the Clerk shall convene the next meeting. |
When no Quorum at time of meeting. |
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If at any other time a Quorum is not present, the Chairperson shall suspend the proceedings until a Quorum is made up, or adjourn the Committee to some future time. |
No Quorum at other times. |
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391. |
A Committee may adjourn from time to time, and may sit on those days over which the Council is adjourned; but may not sit during the sitting of the Council without permission of the Council. |
Adjournment and sitting. |
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392. |
All Committees sitting at the time the President is about to take the Chair shall be informed by Black Rod that the President is about to take the Chair; and all proceedings after such notice shall be null and void. |
Committee to suspend business on President taking the Chair.
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393. |
The names of the Members attending each meeting shall be entered in the Minutes of Proceedings of the Committee, as also every Motion or Amendment proposed in the Committee, together with the name of the Mover thereof; and if any Division take place, the Chairperson shall take down the names of the Members voting in any such Division, distinguishing on which side of the question they respectively vote. |
Records of proceedings and divisions. |
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394. |
The doors of the room are deemed to be locked while a division is being taken, and every Member of the Committee who was present when the question was put is required to vote. |
Doors locked at division. Obligation to vote. |
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See also (Divisions) Orders Nos. 223, 224. |
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395. |
The examination of witnesses shall be conducted as follows, viz.:- The Chairperson shall first put to the Witness, in an uninterrupted series, all such questions as the Chairperson may deem essential, with reference either to the subject referred to the Committee or to any branch of that subject, according to the mode of procedure agreed on by the Committee. The Chairperson shall then call on the other Members severally, in the order of their sitting, to put any other questions they may think fit; and the name of every Member so interrogating a Witness shall be noted and prefixed to the questions asked; and all such questions and the replies thereto, together with the name of the questioner prefixed, shall be duly noted by the reporter, unless the Committee otherwise directs, and shall form the Minutes of Evidence of the Committee. |
Examination of Witnesses.
Minutes of Evidence. |
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396. |
When a Committee is examining Witnesses, Strangers may be admitted, but they shall be excluded at the request of any Member or at the discretion of the Chairperson, and shall always be excluded when the Committee is deliberating. |
Admission of Strangers. |
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397. |
No matters shall be considered which are not within the Order of Reference. |
To consider only matters referred. |
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See also (Committees of the Whole) Order No. 355. |
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398. |
The Evidence taken by any Committee and Documents presented to such Committee, which have not been reported to the Council, shall not be disclosed or published by any Member of such Committee or by any other person, without the permission of the Council. |
Evidence, etc., not to be disclosed. |
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See also (Giving of Evidence) Order No. 444; and (after Report) 453. |
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399. |
If any information come before a Committee that charges any Member of the Council, the Committee shall only direct that the Council be acquainted with the matter of such information, without proceeding further thereupon. |
Committee to report but not inquire into charges against Members. |
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See (Further Procedure) Order No. 214. |
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400. |
Any documents laid before a Committee shall be endorsed by the Chairperson, and shall remain in the custody of the Clerk of the Council, unless released by Order of the Council or President. |
Papers to be endorsed by Chairperson, and not released without Order. |
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See (Council Papers) Order No. 31. |
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401. |
It shall be the duty of the Chairperson to prepare a draft Report; which shall be printed and circulated amongst the Members of the Committee. |
Chairperson to prepare Report. |
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402. |
The Chairperson shall read to the Committee, which shall be convened for the purpose of considering the Report, the whole of the draft Report; which may be at once considered; but, if any Member so desires, a subsequent day shall be fixed for its consideration. |
Draft Report read. |
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403. |
At the time of considering the Report, the Chairperson shall read the draft Report paragraph by paragraph, putting the question to the Committee at the end of each paragraph - "That this paragraph stand part of the Report". |
Report, how considered. |
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404. |
If any Member, other than the Chairperson, submits a draft Report to the Committee, the Committee shall first decide upon which Report they will proceed. |
Draft Report submitted by other Members. |
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405. |
Any amendment to be made by a Member objecting to any portion of the Report shall be proposed by the Member at the time the paragraph to be amended is under consideration, but any Protest or Dissent may be added to the Report. |
Report amended. Dissent or protest. |
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406. |
After a draft Report has been considered, the whole or any paragraph thereof may be reconsidered and amended. |
Reconsideration of Report. |
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407. |
The Report when agreed to shall be signed by the Chairperson. |
Chairperson to sign Report. |
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408. |
The final Report of the Committee shall be brought up on the appointed day unless further time be moved for and granted; but the Council will at any time prior to such day, when there is no other business before the Council, receive the Report. |
Report, when to be brought up. |
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409. |
The Report shall be brought up and presented to the Council by the Chairperson, and shall lie upon the Table. |
Report brought up by Chairperson. |
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410. |
Upon the presentation of a Report, no discussion thereon shall take place; but the Report may be read at the request of any Member, and may be ordered to be printed with the documents accompanying it. |
Report may be read and printed, but not then discussed. |
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See (Exceptions) Orders Nos. 13, 419. |
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411. |
If any measure or proceeding be necessary upon a Report of a Select Committee, not being a Committee on a Bill, such measure or proceeding shall be brought under the consideration of the Council by Motion after Notice, which Notice may be given at the time of the presentation of the Report. |
Subsequent proceedings to be after Notice. |
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See (in cases of Bills) Order No. 310, and Joint Standing Order No. 18. |
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412. |
A Committee is closed by the bringing up of the Report, not being a progress or interim Report, but may be revived on Motion after Notice. |
Closed by Report. Revival. |
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413. |
Every Committee shall, until otherwise ordered, have power to award reasonable payment to any professional or other Witnesses, or to any person whom they may deem it necessary to employ in furtherance of the inquiry with which the Committee is charged; and the Chairperson’s certificate on the face of an account shall be sufficient authority for its payment by the Clerk of the Council. |
Payment of Witnesses and others. |
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Witnesses see Orders Nos. 429, sqq. |
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Committal and Report of Bills see Orders Nos. 288, 305, 310; and Joint Standing Order No. 18. |
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Instructions see Orders Nos. 427, 428. |
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Conference with Committees of House of Assembly see Orders Nos. 263-266. |
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STANDING COMMITTEES
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414. |
On the first day of every Session, until it be otherwise ordered, the Council shall proceed to appoint the following Committees, viz:- |
Standing Orders, Library, etc., Committees appointed. |
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(a) |
A Standing Orders Committee, consisting of the President and four Members; |
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(b) |
A Library Committee, consisting of the President and three Members; |
(c) |
A Printing Committee, consisting of five Members, |
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and their appointment shall be communicated by Message to the House of Assembly. |
Communicated to House of Assembly. |
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See (Time for Appointment) Order No. 11 and (Chairperson) Order No. 378. |
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See Parliament (Joint Services) Act 1985, Section 5. |
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415. |
The Members of the said Committees, who are not such ex officio, shall be nominated by the Mover, but, if any one Member so demand, they shall be elected by ballot. |
How elected. |
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See (ex officio Member) Order No. 378; and (Ballot) Order No. 234. |
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416. |
Such Committees shall have power to act during the Recess, and, when necessary, to confer, or sit as Joint Committees, with similar Committees of the House of Assembly; and may report to the Council from time to time. |
Powers.
Report. |
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See (Joint Committees) Joint Standing Orders Nos. 1-9. |
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417. |
The Quorum of such Committees shall, unless otherwise ordered, be three Members. |
Quorum. |
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See also Order No. 386. |
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418. |
All Petitions and Papers laid on the Table of the Council which are not already printed by the Government Printer, or the printing of which is not thereupon moved by a Minister of the Crown, shall stand referred to the Printing Committee, and it shall be the duty of such Committee to report from time to time which of the Petitions and Papers referred to them ought, in their opinion, to be printed, and whether in full or in abstract; and it shall be in the power of the Committee to order such Petitions or Papers, or abstracts thereof, to be prepared for press by the Clerk in attendance upon such Committees. |
Duties of Printing Committee. |
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See (Printing) Orders Nos. 96, 419, 451; and (Debate on motion to print) Orders Nos. 180, 419. |
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419. |
On the Report of the Printing Committee being received, it shall be in order to move that it be adopted, but the details of any individual Paper shall not be open to discussion on such motion. A Member desiring that any Petition or Paper should be printed, which the Committee has not recommended for printing, may give Notice when the Report has been dealt with, or subsequently, of the Member’s intention to move therein. |
Procedure after Report of Printing Committee. |
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See (Priority on Notice Paper) Order No. 64. |
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420. |
Lists of Select Committees shall be affixed to some conspicuous place in the lobby. |
Lists to be posted. |
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CHAPTER XXVII
Instructions |
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421. |
Notice shall be required of an Instruction and of every material amendment thereto. |
Notice required. |
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TO COMMITTEES OF THE WHOLE
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422. |
An Instruction empowers the Committee to consider matters which are relevant, and not contradictory, to the Order of Reference, but which had not been expressly referred; and to make Amendments to Bills which are relevant to the Title. |
Scope of an Instruction. |
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See also (No reply) Order No. 176; (Amendments to Bills) Orders Nos. 292, 293. |
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423. |
No Instruction shall be given to such Committee of a mandatory nature, nor to do that which the Committee is already empowered to do. |
Not to be mandatory or supererogatory. |
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424. |
An Instruction may be given to divide a Bill into two or more Bills, or, where two or more Bills are referred to the same Committee, to consolidate them into one. |
To divide or consolidate Bills. |
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425. |
The rejection of an Instruction to a Committee on a Bill shall not prevent the introduction during the same Session of a separate Bill dealing with the object of such Instruction; but will prevent any Amendment being proposed in Committee on the Bill which would contravene the decision of the Council on such Instruction. |
Effect of rejection of Instruction. |
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426. |
The time for moving an Instruction to a Committee of the Whole is whenever the Council is about to resolve itself into the Committee in question, before the President leaves the Chair. |
Time for moving. |
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See Orders Nos. 288, 352. |
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Enacting Words see Order No. 292. |
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TO A SELECT COMMITTEE
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427. |
An Instruction to a Select Committee directs the order and course of the proceedings thereof, and extends or restricts the Order of Reference, in terms mandatory or otherwise. |
Scope and terms. |
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428. |
An Instruction to a Select Committee may be moved either at the time of the appointment of the Committee or subsequently. |
Time for moving. |
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To Joint Committees see Joint Standing Order No. 7. |
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To Managers at Conferences see Orders Nos. 260, 341. |
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CHAPTER XXVIII
Witnesses |
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429. |
Witnesses, not being Members, when ordered to attend before the Council or a Committee of the Whole at the Bar, shall be summoned under the hand of the President, and, if desired by a Select Committee, by summons under the hand of the Clerk. |
Witnesses not being Members, summoned. |
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430. |
When the attendance of a Member of the Council is desired to be examined by the Council or a Committee of the Whole, the Member shall be ordered to attend in the Member’s place, and the Order of the Council shall be communicated to the Member by the President. |
Member, how summoned. |
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431. |
If any Select Committee desires the attendance of a Member as a Witness, the Chairperson shall, in writing, request the Member to attend; but should the Member refuse, the Committee shall take no further action, except to report the matter to the Council. |
Member desired by Select Committee. |
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432. |
The neglect or refusal of any Witness to attend in obedience to any such order or summons, or in obedience to a warrant of the President, shall be censured, or otherwise dealt with at the pleasure of the Council. |
Neglect or refusal to attend. |
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433. |
When the attendance of a Member of the House of Assembly, or of any Officer of that House, is desired in order to be examined by the Council or any Committee thereof (not being a Committee on a Private Bill), a Message shall be sent to the House of Assembly to request that the House will give leave to such Member or Officer to attend, in order for the Member or Officer to be examined accordingly upon the matters stated in such Message. |
When attendance of Member or Officer of Assembly desired. |
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434. |
Should the House of Assembly request by Message the attendance of a Member of the Council before that House or a Select Committee thereof, the Council may authorise such Member to attend if the Member thinks fit. The Council, if similarly requested by the House of Assembly, may also instruct its own Officers to attend as desired. |
Attendance of Members or Officers of Council desired by Assembly. |
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435. |
When a Witness, whose attendance is desired, shall be in the custody of the keeper of any prison, such keeper shall be ordered to bring the Witness in safe custody, in order to the witness being examined, and from time to time, as often as the witness’s attendance shall be thought necessary, and the President shall issue a warrant accordingly. |
When intended Witness is in prison. |
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436. |
Witnesses cannot be examined upon Oath by the Council, or any Committee thereof, unless it be so provided by law. |
Witnesses not to be examined on Oath. |
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437. |
All Witnesses examined before the Council, or any Committee thereof, are entitled to the protection of the Council in respect of anything that may be said by them in their evidence. |
Entitled to protection. |
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438. |
When a Witness is being examined by the Council, or a Committee of the Whole, the Bar is drawn. |
Bar is to be kept drawn. |
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439. |
When a Witness appears before the Council, the President shall examine the Witness, and any questions addressed by Members shall be asked through the President. |
Witnesses before Council examined by President. |
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440. |
In Committee of the Whole Council, any Member may put questions directly to the Witness. |
Before Committee by any Member. |
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441. |
If any question be objected to, or other matter arise, the Witness shall withdraw while the same is under discussion. |
Witness withdraws if question objected to. |
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442. |
A Member of the Council shall be examined in the Member’s place. |
Member examined in the Member’s place.
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443. |
Judges are introduced by Black Rod and have chairs placed for them within the Bar. |
Judges, how introduced. |
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444. |
No Member, Clerk or Officer of the Council, or Hansard reporter employed to take Minutes of Evidence before the Council or any Committee thereof, may give evidence elsewhere in respect of any proceedings of the Council or its Committee, or of any examination had at the Bar or before any Committee, without the special permission of the Council. |
Members and Officers not to give evidence without leave. |
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Before Select Committees see Orders Nos. 395, 396, 413. |
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CHAPTER XXIX
Strangers |
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445. |
The President alone shall have the privilege of admitting Strangers, not being Members of the House of Assembly or of the Commonwealth Parliament, to the body of the Council Chamber, either within or without the Bar, while the Council or a Committee of the Whole is sitting. |
Strangers admitted only by President. |
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446. |
Members of the House of Assembly and of the Commonwealth Parliament shall have the privilege of admission, without order, to the body of the Council Chamber without the Bar. |
Admission of Members of Assembly and of Commonwealth Parliament without Bar. |
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447. |
If at any sitting of the Council, or in Committee, any Member shall take notice that Strangers are present, the President, or the Chairperson (as the case may be), shall forthwith put the question "That Strangers be ordered to withdraw" without permitting any discussion or amendment: Provided that the President, or the Chairperson, may, whenever the President or Chairperson thinks fit, order the withdrawal of Strangers from any or every part of the Chamber. |
Strangers ordered to withdraw. |
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At Select Committees see Order No. 396. |
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Arrest for Misconduct see Order No. 216. |
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CHAPTER XXX
Papers and Documents |
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448. |
Papers and Returns may be ordered to be laid before the Council, and the Clerk shall communicate all such orders of the Council. |
Papers, etc., ordered. |
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See (Priority to Motion) Order No. 64. |
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449. |
When any Paper is required by the Council which concerns the Royal Prerogative, or which is a Despatch or other Correspondence addressed to or emanating from the Governor, or when any information is desired from the Governor, an Address shall be presented to the Governor praying that the same may be laid before the Council. |
Addresses for Papers, etc. |
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See (Addresses) Orders Nos. 235, sqq. |
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450. |
Papers presented pursuant to Statute, or by Command of the Governor, or pursuant to an Order of the Council, may be laid on the Table without comment, at any time when other business is not before the Council. |
When to be presented. No comment allowed. |
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451. |
On any Paper being laid before the Council, the printing thereof may be moved by a Minister of the Crown, and it shall be in order to move that it be read; and if necessary, a day may be appointed for its consideration. |
May be read and printed. Consideration. |
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Printing of Papers and Debate on Motion see Orders Nos. 418, 419, 180; and Priority on Notice Paper see Order No. 64. |
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452. |
A Document quoted from in debate, if not of a confidential nature or such as should more properly be obtained by Address, may be called for at any time during the debate, and on Motion thereupon without Notice may be ordered to be laid upon the Table. |
Papers quoted in debate. |
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453. |
All Papers and Documents laid upon the Table of the Council shall be considered public. Papers not ordered to be printed may be inspected at the offices of the Council at any time by Members, and, unless otherwise ordered by the President, by other persons, and copies thereof or extracts therefrom may be made. |
Papers when presented are public. May be inspected and copied. |
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454. |
All Papers and other Documents ordered by the Council during the Session and not returned prior to the Prorogation, and such other official reports and returns as are customarily laid before Parliament and printed, shall be forwarded to the President in print as soon as completed; and, if the same are received within two months after such Prorogation, the Clerk shall cause such Papers and Documents to be distributed among Members and bound with the Minutes of the Proceedings; and as regards those not received within such time, they shall be laid upon the Table on the first day of the following Session, together with a Return prepared by the Clerk showing the Resolutions of the Council which have or have not been complied with. If any Orders for Returns made in the previous Session have not been complied with, a return of such Orders shall be prepared by the Clerk and laid on the Table on the same day. |
Returns after Prorogation. |
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455. |
Members of the House of Assembly shall be furnished with copies of all Papers printed by Order of the Council. |
Council Papers to be furnished to Assembly. |
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Records, Custody of Papers, etc., see Orders Nos. 28-31. |
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Laid before Select Committees see Orders Nos. 398, 400. |
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CHAPTER XXXI
Suspension and Duration of Standing Orders |
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456. |
Any Standing or Sessional Order (except those which it is specially provided shall not be suspended) may be suspended on Motion after Notice. |
Suspension of Standing Orders on Notice. |
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See (Exceptions) Orders Nos. 124, 281, 282. |
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457. |
In the case of urgent necessity, any Standing or Sessional Order (except those which it is specially provided shall not be suspended) may be suspended on Motion without Notice: Provided that such Motion has the concurrence of an absolute majority of the whole number of Members of the Council. |
Suspension, when urgent necessity, without Notice. |
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See (Exceptions) Orders Nos. 124, 281, 282. |
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458. |
The debate on a Motion for the Suspension of Standing Orders shall be limited to fifteen minutes and the Mover and subsequent speakers in the debate shall each be limited to five minutes in stating reasons for such suspension. |
Limit to discussion. |
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459. |
Such Suspension shall be limited in its operation to the particular purpose for which it has been sought and, unless it be otherwise ordered, to that day’s sitting of the Council. |
Limit to suspension. |
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460. |
After the Orders of the Day have been called on, no Motion for Suspension, without Notice, shall be entertained until the consideration of such Orders is concluded, except it be for the purpose of expediting the progress of a Bill or otherwise facilitating the business of the Council. |
Limit to time for moving. |
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461. |
The whole of these Standing Orders shall continue in force until altered, amended, or repealed, by the Council with the approval of the Governor. |
Duration. |
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JAMES C. IRWIN President of the Legislative Council
JANICE M. DAVIS Clerk of the Legislative Council |
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Joint Standing Orders |
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Agreed to by Legislative Council, 6th and 22nd October, 1903 and by House of Assembly, 21st October, 1903, and approved by Governor, 30th October, 1903. |
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Amended 4th and 20th August and 1st September, 1914, and approved by Governor, 17th September, 1914. |
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Further amended 2nd and 15th October, 1924, and approved by Governor, 23rd October, 1924. |
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Further amended, 19th and 28th July, 1938, and approved by Governor, 11th August, 1938. |
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Further amended, 21st and 28th November, 1951, and approved by Governor, 17th January, 1952. |
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JOINT COMMITTEES
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1. |
Whenever either House desires the appointment of a Joint Committee, it shall inform the other House by Message of the object of such Committee; and of the number of Members and of the Quorum which it has appointed to serve thereon; and shall desire the concurrence of that House thereto. |
Procedure in the one House. |
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2. |
The House whose concurrence is so desired shall, if it agrees to the appointment of the proposed Committee, notify its consent to the other House by Message, and name the number of the Quorum which it has appointed. |
And in the other House. |
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3. |
The number of Members appointed by each House shall be the same. |
Members from each House to be equal in number.
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4. |
Each House shall fix the Quorum of its Members necessary to be present at all sittings of the Committee; but, subject hereto, a Joint Committee may fix its own Quorum. |
Quorum. |
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5. |
The Committee shall have power to send for persons, papers, and records, and shall report to the House with all due dispatch. |
Power to send for persons, etc. |
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6. |
The Chairperson of the Committee shall be entitled to vote upon every question, but when the votes are equal, the question shall pass in the negative. |
Chairperson to vote; but no decision in case of tie. |
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7. |
Instructions to Joint Committees must have the concurrence of both Houses. |
Instructions. |
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8. |
The Report of the Committee shall be presented to each House in writing by Members nominated by the Committee for that purpose. |
Report, how presented. |
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9. |
The procedure of every Joint Committee shall, except where herein otherwise ordered, be regulated by the Standing Orders of the Legislative Council relating to Select Committees. |
Legislative Council Standing Orders to apply. |
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JOINT ADDRESSES
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10. |
Whenever either House desires that a Joint Address should be presented from both Houses, and a form of Address shall have been agreed to (a blank being left for the title of the other House), a Message shall be sent to the other House, transmitting the Address, and desiring its concurrence thereto. |
Procedure. |
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11. |
The Address, when finally agreed upon by both Houses, shall be signed by the President of the Legislative Council and by the Speaker of the House of Assembly. |
How signed. |
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12. |
Joint Addresses to the Sovereign, to any Member of the Royal Family, and to either House of the Imperial or Commonwealth Parliament, shall be forwarded for presentation in such manner as shall be agreed upon between the President of the Legislative Council and the Speaker of the House of Assembly. |
How presented to the Sovereign, etc. |
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13. |
Joint Addresses to the Governor, if presented in a body by both Houses, shall be read by the President of the Legislative Council, with the Speaker on the President’s left hand; but if by a deputation of Members from both Houses, then by such Member of the deputation as shall be named by the President if the proposal for the Address originated in the Legislative Council, or by the Speaker if it originated in the House of Assembly. |
How presented to Governor. |
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NUMBERING AND DATING OF ACTS
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14. |
The Public Acts passed by the Legislature in each year shall be numbered in Arabic figures and in regular arithmetical series, commencing from the number one in each year, in the order in which the Governor shall have assented, or shall have signified the Sovereign’s Assent thereto. All such Acts assented to by the Governor shall have the date of such Assent and the number of the year printed within a parenthesis immediately following the title, and, in cases where the Bills for such Acts have been reserved, shall bear both the date of such reservation and of the proclamation of the Royal Assent. |
Acts to be numbered consecutively and dated. |
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Every Act shall bear as part of its Short Title the number of the year in which the Bill for that Act was introduced or, where the Bill for that Act was a lapsed Bill restored to the Notice Paper, then the year in which the Bill was so restored; and every Act shall be numbered as an Act of the year mentioned in its short title. |
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15. |
The Joint Standing Order of 1875, relating to the numbering of Acts, is hereby repealed. |
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ELECTION OF SENATORS
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16. |
All Joint Sittings of the Legislative Council and House of Assembly held, pursuant to section 15 of the Commonwealth of Australia Constitution Act, for the election of a Senator, shall be summoned by the President of the Legislative Council, or, in the President’s absence, by the Speaker of the House of Assembly, by not less than seven days’ notice to the Members of the Council and of the House of Assembly, and shall be presided over by the said President, or, in the President’s absence, by the Speaker, or, in the absence of both President and Speaker, by some other Member chosen by the Members of both Houses present to preside. The procedure of such Joint Sittings shall be that of the Legislative Council so far as applicable to the circumstances. |
Procedure in case of Joint Sittings of the two Houses. |
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BILL NOT ASSENTED TO BEFORE PROROGATION
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17. |
If a Prorogation of Parliament takes place before the Governor shall have notified, to Parliament or by Proclamation, the Governor’s assent to, or reservation of, any Bill which has been agreed to by both Houses during the Session then closed, such Bill having thereby lapsed, may, on being introduced in the next Session of the same Parliament in the originating House, be passed through all its stages in both Houses without delay. |
Bill not assented to lapses, but may be passed in next Session without delay. |
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CONSOLIDATION BILLS
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18. |
Every Bill for the consolidation of law shall, after its Second Reading in the originating House, be referred to a Joint Committee. |
Procedure on Consolidation Bills. |
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The said Committee shall inquire whether the Bill makes any alteration in the law; and it shall be an Instruction to all such Committees that wherever it shall appear to them that any such alteration is made, they do amend the Bill in conformity with what they hold to be the law. |
Duty of Select Committee. |
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If the Bill be reported without Amendment, the Report may be at once adopted, and the Bill may be read a Third Time without delay; but, if with Amendment, a time shall be fixed for the consideration of the Report. |
Report. |
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Whenever the Bill is referred to a Committee of the Whole, its consideration therein shall be limited to Amendments made by the Joint Committee, and to any further Amendments which may seem to the Committee of the Whole necessary to determine the true interpretation of the law. |
Committee of the Whole. |
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The Bill, when transmitted by the originating House to the other, shall show by italic and erased type whatever Amendments may have been made thereto. |
Transmission to other House. |
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J. L. STIRLING President of the Legislative Council
JENKIN COLES Speaker of the House of Assembly
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Index to the Standing Orders and the Joint Standing Orders
NOTE - Figures denote the numbers of the Orders and prefix J.S.O. refers to Joint Standing Orders.
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A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
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A |
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ABSENCE AND ATTENDANCE OF MEMBERS, 32-36 |
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when call of Council ordered, 37-43 |
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ABSENCE OF - |
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Clerk, 27 Members, 32-43 President, 24-25 Quorum, 50, 53, 54 |
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ABSOLUTE MAJORITY - |
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Constitution Bills, amending constitution of either House, 282 |
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(Certificates required, 279, 321) |
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Constitution Bills, amending constitution of either House, 282 Rescinding of Resolutions of same Session, 159 Suspension of Standing or Sessional Orders without Notice, 457 |
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ACCESS TO GOVERNOR - Right claimed by President on election, 23 |
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ACTS - |
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Act may be amended or repealed in same Session, 274 Copy signed by Governor deposited with Clerk, 350 Duration of temporary to be expressed in Bill, 273 Numbering and dating - J.S.O. 14 |
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ADDRESSES - |
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To British Parliament - proposed, 235; transmission of, 238 To Commonwealth Parliament - proposed, 235; transmission of, 238 To Governor - |
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for papers, 449 Governor’s reply to be reported, 241 in Reply to Opening Speech - |
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Committee nominated, 12 Only formal or unopposed business considered before adoption of, 14 Report, consideration and presentation, 13 |
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Joint Addresses, J.S.O’s. 10-13 Presentation of, 239, 240 proposed, 235 |
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To Royal Family - proposed, 236; transmission through Governor, 237 To Sovereign - |
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Proposed, 235; transmission through Governor, 237 when Parliament opened by, 15 |
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ADDRESSES OF MEMBERS to be kept by Clerk, 39 |
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ADJOURNMENT OF COUNCIL - |
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By President - |
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if no Quorum at time of meeting, 50 if no Quorum after commencement of Business, 53, 54 in cases of very grave disorder, 213 |
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By resolution, 58; form of Motion, 59 Business - |
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interrupted by - resumption of, 77, 374 lapsed, 73-75; revival of, 68 |
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Names of Members present at, recorded, 56 Supersedes Questions, 122 To Irregular Time - Motion on Matters of urgent public importance, 116 When affected by public holiday, 57 |
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See also SUSPENSION OF SITTINGS, ETC. |
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ADJOURNMENT OF DEBATE, 194-198 |
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on President’s Ruling, 205 on questions of Order or Privilege, 201 |
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ADJOURNMENT OF SELECT COMMITTEES, 390, 391 |
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ADMISSION OF - |
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Members of Assembly or of Commonwealth Parliament, 446 New Members within the Bar, 9 Strangers to - |
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body of Chamber, 445 Select Committees, 396 |
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AFFIDAVITS not to be attached to Petitions, 88 |
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AFFIRMATION made by new Members in lieu of Oath, 9 |
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AFTER-SESSION PAPERS, 454 |
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ALLUSION TO - |
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Committee speeches, etc., 190 Debates of same Session, 187 |
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See also QUOTATION, 188, 189, 452 |
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ALTERNATIVE AMENDMENTS TO BILLS - in lieu of, and relevant to others disagreed to, 334, 336 |
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AMENDMENTS TO QUESTIONS, 130-143 |
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Amendments to proposed Amendments, 141 Forms of, 130 Inserting or adding words, 136 Leaving out words, 134 Leaving out words, and inserting or adding others, 135 Must be - |
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relevant, 132 seconded, 133 written and signed, 131 |
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Not permitted - |
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to prior part of question after later part amended, 137 to words already agreed to or inserted except by addition of words, 138 |
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Proposed, may be withdrawn by mover, by leave, and may be again moved, 140 |
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Question - |
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put as amended, 142 put if amendment not made, 143 superseded, 122 |
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Reply not allowed to mover of, 176 Same Amendment in same Session, 139 |
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See also Previous Question, 144-152 |
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AMENDMENTS TO BILLS - See under Bills, In Committee of Whole, and Amendments, Generally |
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ANTICIPATION OF DEBATE by motion or speech, prohibited, 117, 185 |
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APPROPRIATION BILLS - |
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Certificate by Clerk of Assembly as having been recommended by Governor during current Session, 277 Clauses appropriating public money to be in erased type if originating in Council, 278 |
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ARREST - |
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of Strangers for misconduct, 216 to be reported without delay, 217 |
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ASSEMBLY, HOUSE OF. See HOUSE OF ASSEMBLY |
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ASSENT TO BILLS - |
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Bill agreed to by both Houses not assented to or reserved prior to prorogation lapses, but may be revived and expedited in next Session of same Parliament, J.S.O. 17 Bills presented to Governor by President, 345, 348 Date of Assent printed on Act, J.S.O. 14 |
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ATTENTION CALLED TO WANT OF QUORUM, 54, 182, 368 |
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B |
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BALLOT - |
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Bells rung for two minutes before, 233 Members may demand, for election of - |
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Conference Managers, 253 Select Committees, 377, 381 Standing Committees, 415 |
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Not to be interrupted by six-thirty p.m. adjournment, 60 President elected by - when more than one Member proposed, 18-20 Procedure for, 233, 234 |
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BAR OF COUNCIL - |
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Admittance - |
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Commonwealth Members without, 446 House of Assembly Members - |
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within, at Opening of Parliament, 8 without, 446 |
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Judges as witnesses to have chairs within, 443 New Council Members within, 9 Strangers - within or without - only by President, 445 |
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Bills presented at by Members, 270 Drawn during - |
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Divisions, 223 Examination of witnesses, 433 Opening Speech of Governor, 8 Prayers, 51 |
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Member or person arrested brought to, 217 Member under suspension ordered to attend at, 215 Member within, when question put - compelled to vote in Divisions, 224 Member must be within to vote, 226 Messages from House of Assembly received at, 250 |
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BELLS TO BE RUNG FOR - |
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Ballot, 233 Council meeting, - prior to, 49 Count - |
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of Council, 54 of Committee, 368 |
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Divisions, 222 Quorum - |
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in Council, 54 in Committee, 368 |
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BILLS - |
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Definition, Initiation, Contents, Presentation to Council - |
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Definition - |
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Hybrid, 268 Public, 267 |
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Initiation - |
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Motion for - |
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Committee not less than two to prepare and bring in, 269 Leave, 269 |
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Order of Leave - Title to coincide with and clauses to be within Title, 272 Restoration of Lapsed Bill, 346, 347, 174, J.S.O’s. 14 and 17 |
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Presentation to Council at Bar of fair signed copy, 270 Contents - |
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Clauses to be within Title, 272 Duration of temporary Acts to be specified, 273 May amend or repeal Act of same Session, 274 To be mutually relevant, 271 |
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Irregular bills to be withdrawn (if not before Committee) and another may be forthwith substituted, 276 Same subject - if two Bills with, 275 |
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Appropriating Revenue - |
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Bill or amendment appropriating Revenue must be certified by Clerk of Assembly as recommended by Governor during current Session, 277 Clauses in Council Bill containing appropriation, etc. to be in erased type and form no part of Bill, 278 |
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Amending Constitution of either House - |
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Assembly Bill for alteration of Constitution not proceeded with unless certified by Clerk of Assembly, 279 Council Bill specially certified by Clerk, 321 Requires absolute majority at Second and Third readings, 282 |
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Consolidation - Procedure, J.S.O. 18 Hybrid - 268, see also J.S.O. 2 on Private Bills Lapsed Bill - restoration of, 346, 347, 174; J.S.O’s 14 and 17 Readings - |
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Effect of negativing second or third reading and of the six months’ postponement, 281. Title only to be read, 280 |
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First Reading - |
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To be moved upon presentation by Member or on receipt from Assembly, 283 Bill to be printed without delay, 284 Date of second reading fixed, 285 |
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Second Reading - |
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Concurrence or non-concurrence of President in may be indicated, 231 Date for fixed, 285 Question for, 286 |
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Amendments to, 287 Six months’ amendment - how determined, 287 Effect of negativing, 281 |
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Constitution Bills, 282 |
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See also Instructions |
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Committal - |
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All Bills stand referred to Committee of Whole after second reading, 288 |
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(Exceptions 282, 268, J.S.O. 18) |
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Instructions - time for moving, 288, 352, 426 Recommittal, 307, 313 After Report by Chairperson, Bill may not be referred to Select Committee, 289 |
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In Committee of the Whole - |
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Amendments - |
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Decisions on, not to be reviewed until after recommittal, 295 Drafting and printing errors, 324-326 Formal or verbal, 326 Must be relevant or pursuant to Instruction, 293 Must not - |
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be contradictory to or inconsistent with previous decisions until after recommittal, 295 reverse principle of Bill as affirmed on second reading, 294 (on reconsideration) be proposed to words previously amended or proposed to be amended (unless proposed amendment was withdrawn), 300 |
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Printing and drafting errors, 324, 326 Title to be amended to agree with amendments and to be specially reported, 293 Verbal or formal errors, 326 |
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See in Select Committees - Committees, Select, on Bills. |
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Bill not reprinted until after Report without Order, 301 Bill to be signed, 304 Chairperson to - |
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date and sign new clauses, 304 hand Bill to Clerk, 304 read clause numbers and marginals, 291 report, 303, 304 write in Amendments, 304 |
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Clauses - |
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Erased type - those in, not to be put, 298 Numbers and marginals read, 291 Order of consideration and reconsideration, 290 Postponement of (if unamended), 297 Put as amended, 290 Reconsideration of, 300, 290 |
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Debate to be confined to question immediately before Committee, 299 Enacting words not to be put except under Instruction, 292 Leave to sit again, 302 Order of consideration and reconsideration, 290: exception in Select Committees, 305 Progress - |
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Motion to Report moved without discussion and immediately determined, 371 Report of and leave to sit again, 302 |
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Questions put - on each clause 291, and if amended, 296 Reconsideration - |
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Amendments restricted on, 300 New Clauses to be specified, 300 |
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Reports - |
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Order, 373 Progress, 302 Quorum - want of, 373 When proceedings concluded, 303, 304, 373 |
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Reconsideration, 300 |
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Report - |
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Adoption of, 306: amended Bills to be reprinted, 306, 311 After adoption, Third Reading fixed for future day, 309 (exception J.S.O. 18) Recommittal on motion for adoption, 307 - number and nature of any proposed new clauses to be indicated, 308 Recommittal on Motion for adoption of Bill from Select Committee, 310 Time for adoption of, 306 |
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Third Reading and Passing - |
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Amendments to question for Third Reading, 312, 281 Assembly Bill with suggested amendments - questions for Third Reading and passing proposed as one, 341 Chairperson to certify fair print, 314 Concurrence or non-concurrence in may be indicated by President, 231 Consolidation Bills reported by Select Committee without amendment may be read third time without delay, J.S.O. 18 Passing - Question for, put without debate, 315; exception re Title, 315 President to announce certification before Third Reading, 314 Question for Third Reading, 312; effect of negativing, 281 Question for passing put without debate, 315 Recommittal - |
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before question for Third Reading put, 313 when Bill amended on, 313 when Bill not amended on, 313 motion for, to specify any new clauses, 313 |
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Title may be amended after Third Reading and before Passing, 315 |
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Transmission - |
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Assembly Bills when passed by Council to be returned, 317 Council Bills when passed transmitted with Message, 316 |
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Withdrawal - |
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Bills on same subject, 275 Bills ordered to be read a second or third time this day six months, 281 Bills reported by Select Committee - notice of withdrawal, 310 |
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Laid Aside - 333, 334, 336, 338, 341 Certificates by Clerk, 318-323, 345, 349 - Constitution Bill, 321 |
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See also CLERK OF THE HOUSE OF ASSEMBLY |
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Amendments - Generally - |
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Drafting, 324 Formal, 325 Printing, 324 Verbal, 326 |
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See also above IN COMMITTEE OF THE WHOLE |
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Between the Houses - |
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Agreement to be communicated by Message, 330 Clerk to certify, 322 Clerk to sign schedules of amendments, 339 Clerk to sign schedules of reasons, 340 Dealt with in Committee of Whole or postponed and printed, 327 Disagreement to be communicated by Message and Bill returned with Reasons, 331 Further amendments to be scheduled and concurrence sought, 332 Further proceedings - |
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on Council Bills, 333-335 on Assembly Bills, 336-337 |
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Must be relevant, 328 Not permissible to words already agreed to by both Houses with exceptions, 329 Reasons for disagreement - |
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Committee of three to draw up, 340 Council to assign, 331 Schedules of, 340 |
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see Conferences Suggested Amendments to Money Bills - procedure, 341 |
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Governor’s Amendments - |
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Assembly amendments to - how dealt with, 343 If agreed to, to be forwarded to Assembly, 343 If received from Assembly - how to be treated, 344 To be treated and considered in same manner as amendments by Assembly, 342 When agreed to or disagreed to - procedure, 345 |
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Revival - |
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in next Session of same Parliament, 346, 347 - Bills passed but not assented to J.S.O. 17 in same Session - |
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admissible when second or third reading negatived, 281 inadmissible - |
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if deferred for six months, 281 if Constitution Bill not carried by absolute majority, 282 or if Money Bill on which no agreement after Conference, 341 |
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BILLS, PRIVATE - |
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Petitions for may have documents attached, 88 |
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See also Joint Standing Orders (Private Bills) |
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BLACK ROD - |
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Acts under President's Orders in cases of non-withdrawal of suspended Members, 212 Announces - |
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Commissioners, 7 Governor, 6 Messenger from Governor, 242 |
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Definition, 3 Delivers into custody Strangers by direction of President, 216 Delivers Messages of Governor or Commissioners to Assembly, 8 Informs Select Committees when President about to take Chair, 392 Introduces Judges, 443 |
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BUSINESS OF THE COUNCIL - |
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Business not called on to be set down for next sitting day, 74 Business not to be anticipated in motion of urgency, 117 Business not to be anticipated in Speech, 185 Business for day over which Council adjourns, 75 Business suspended - |
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by Conferences, 254 by Messages from Governor, 242 by Questions of Order or Privilege, 201 |
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Conference - business suspended by, 254; resumption of, 76 Debate on President’s Ruling - first Order of Day for next day, 205 Formal or unopposed business before adoption of Address in Reply, 14 In Committee - same rules apply as in Council, 356 Member in charge when business called on to have possession of House, 166 Minister may move to alter order without notice, 78, 65 Notices of Motion called on and not moved, lapse, 72 Order and Privilege - Questions of - temporarily suspend consideration of every other question, 201 Orders regulating - |
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Notice Paper, 14, 62-66 Precedence of, 14, 70 Routine, 67 |
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Orders of the Day - |
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Called on, 69 Definition, 153 Discharge of, 68 Disposed of in order of rotation, 70 Government on Wednesdays - postponed to Private Business, 70 Lapsed, 73 Postponement, discharge or revival of, 68 President’s Ruling - adjourned debate on, to be first Order of Day for next day of sitting, 205 Read and not disposed of, lapse but may be revived, 73 Revival of, 68 Seconder not required, 154 Time for calling on, 69 |
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Ordinary routine, 67 Possession of House, Member in charge of business to have, 166 Precedence of business, 64, 70 Privilege - Question of suspends consideration of every other Question, 201 Resumption of - |
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Notice of Motion interrupted by Orders of the Day, 71 Other interrupted business, 76 |
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Suspension of, when Messenger from Governor announced, 242 Questions relating to, 107 |
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CALL OF THE COUNCIL - Orders regulating, 37-43 |
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CANDIDATES FOR OFFICE OF PRESIDENT, Orders relating to, 18-20 |
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CASTING VOICE - |
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Chairperson of Committees has, 361 President has, 231 (See also Concurrence or Non-concurrence) Select Committee Chairperson has, 389 |
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CENSURE OF DISORDER - 208-218 |
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in Committee, disorder in can only be censured by Council, 357 |
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CERTIFICATES OF - |
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Chairperson on Bills, 314 Clerk of the House of Assembly on Bills - |
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Appropriating Revenue, 277 Constitution, 279 |
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Clerk of the Legislative Council - |
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on Bills for Assent, 345, 349 on Bills - Stages of, 318-323 on Petitions, 79 Constitution Bills, 321 |
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President on Bills for Assent, 349, 345 Select Committee Chairperson on accounts, 413 |
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CHAIR - |
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Disregard of authority of, 208 Member not to pass between Member speaking and Chair, 164 Member to address President, 167 Obeisance to on entering and leaving Chamber, 163 President-elect conducted to, 17-19 President - |
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leaves Chair when Council goes into Committee, 288, 352 resumes Chair at conclusion of Committee, 373 resumes Chair in cases of grave disorder, 358 takes Chair at time of meeting, 50 takes Chair on right of Governor, 6 |
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CHAIRPERSON OF COMMITTEES - |
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Casting vote only and any reasons for to be recorded, 361 Directs Member to discontinue irrelevant speech, etc., 367 Disorder in Committee punishable only by Council on report by, 357 Duties Regarding Bills - |
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After report on, Bill cannot be referred to Select Committee, 289 Certifies fair print before Third Reading, 314 Confines debate to Question immediately before Chair, 299 Hands Bill to Clerk on Report, 304 Not to put - clauses printed in erased type, 298 Not to put - enacting words except under Instruction, 292 Reads numbers and marginals and puts clauses and schedules, 291 Reports Bill when proceedings concluded without question put, 303, 373 Reports progress, etc., 302 Signs Bill and hands to Clerk on Report, 304 Writes in amendments, dates and initials new clauses, 304 |
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Excused from sitting on Select Committees, 378 Grave Disorder to be reported to President by, 358 Leaves Chair without Question put in certain cases, 373 Maintains Order in Committee, 357 Moved out of Chair, 372 Objection to ruling of, to be taken at once, in writing and reported to President, 360 Orders withdrawal of Strangers, 447 President to act as, 353 Reasons for Casting Vote to be recorded, 361 Reports - |
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disorder in Committee, 209, 357 objectionable words if not satisfied with explanation, 209, 359 progress and resolutions, 370 want of Quorum in Committee, 53, 368, 369 |
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Rulings - objection to, 360 Quorum - want of in Committee reported by, 53, 368, 369 |
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CHAIRPERSON OF COUNCIL - Clerk acts as, before election of President, 21 |
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CHAIRPERSON OF JOINT COMMITTEE - Has Deliberative Vote only, J.S.O. 6 |
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CHAIRPERSON OF SELECT COMMITTEE |
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Absence of, 388 Admits or excludes Strangers, 396 Brings up Report, 409 Calls on Members in order of sitting to continue examination of witnesses, 395 Casting voice only, 389 Certifies accounts for payment, 413 Election, 387, 388, 378 Endorses documents, 400 Examines witnesses, 395 Prepares draft Report, 401 Reads and puts question on each paragraph of Report, 402, 403 Records divisions, 393 Signs Report, 407 Voice - has casting only, 389 Quorum - proceedings when lack of, 390 |
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CHARGE AGAINST A MEMBER - |
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Arising in Committee, to be reported to Council by Committee, 399 Member charged withdraws after explanation, 214 On substantive Motion after Notice, 193, 214 When Orders of Council disobeyed, 215 |
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CHIEF SECRETARY, THE - Orders for Returns communicated to, 448. |
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CLERICAL ERRORS - See ERRORS |
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CLERK-ASSISTANT - Receives Messages from House of Assembly at Bar, 250 |
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CLERK OF THE HOUSE OF ASSEMBLY - |
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Certifies Bills altering Constitution, 279 Certifies Bills appropriating Revenue, etc., 277 |
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CLERK OF THE LEGISLATIVE COUNCIL - |
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Absence of, 27 Acts as Chairperson of Council before election of President, 21 Acts - keeps signed copies of, 350 Addresses of Members - keeps, 39 After-Session Papers distributed by and return prepared by, 454 Ballot Slips initialled by and assists in taking ballot, 234 Business of the Day - calls on, 68 Call of Council - duties in connection with, 38-42 Certifies - |
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Bills altering Constitution, 321 Bills for Assent, 349, 345 Bills at various stages, 318-323 Petitions, 79 |
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Definition, 3 Delivers Messages to House of Assembly, 249 Deputy-President’s election - puts question for, 24 Determines by lot election of President if votes twice equal, 20 Division lists entered in Minutes by, 232 Documents and Papers in custody of, 31, 400 Evidence not to be given by, without leave of Council, 444, 434 Keeps Members’ Roll, 28 Keeps Members’ Attendances in Minutes, 30 Minutes - keeps and signs, 29 Notices, irrelevant, divided by order of President by, 105 Notice Paper prepared by, 62 Office - lists of Select Committees to be posted in, 420 Orders of Day called on and read by, 69, 70 Papers and Returns ordered to be communicated, 448 Prepares Notice Paper, 62 Reads - |
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Commission of Governor’s Commissioners, 7 Petitions, 95 Proclamation convening Parliament, 5 Question during Debate, 184 |
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Receives - |
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Committee Bill from Chairperson on Report, 304 Copy of every Act assented to and signed by Governor, 350 |
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Reports - |
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Absence of President, 24 Vacancy in Office of President during Session, 26 |
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Rings bells for Divisions, 222 Select Committee duties - |
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Convenes next meeting when no quorum, 390 First meeting called by in certain circumstances, 385 Witnesses summoned by, 429 |
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Signs Schedules of Amendments and Reasons, 339, 340 Summonses - |
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First meeting of Select Committee in certain circumstances, 385 Witnesses before Select Committees, 429 |
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Takes down words in debate when directed by President, 207 Witnesses before Select Committees - |
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paid by, on Certificate of Chairperson, 413 summoned by, 429 |
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CLOSURE OF DEBATE |
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Motion "That the Question be now put", 127 |
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(and in Committee, 371) If carried, Questions pending may also be put, 128 Restrictions, 127 |
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COMMISSIONERS REPRESENTING THE GOVERNOR - |
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Commission read by Clerk, 7 How introduced, 7 Require attendance of House of Assembly, 8 |
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COMMITMENT - of Members or other persons, 217 |
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COMMITTEE TO PREPARE BILLS - Nominated (not less than two), 269 |
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COMMITTEE ON ADDRESS IN REPLY - Appointment of, by nomination, 12 |
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COMMITTEE TO DRAW UP REASONS ON BILLS - Three Members nominated, 340 |
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COMMITTEE OF PRIVILEGE - |
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Questions of Privilege, not arising between Houses, to be referred to, if Minister so claims or Council so resolves, 202 |
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COMMITTEES - Tabling of Reports, 67 |
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COMMITTEES, JOINT, 416; J.S.O’s. Nos. 1-9, 18 |
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COMMITTEES OF HOUSE OF ASSEMBLY - Attendance of Member or Officer of Legislative Council requested by Message, 434 |
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COMMITTEE OF THE WHOLE COUNCIL - |
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Appointment of, 351 Chairperson leaves the Chair - |
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and reports Progress and asks leave to sit again, 370, 371 and reports Resolutions when business concluded, 370 and reports want of Quorum, 368, 369 when Message from Governor arrives, 373 when time for Conference arrives, 373 |
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Chairperson’s duties - see CHAIRPERSON OF COMMITTEES Chairperson’s Ruling - objection to, 360 Consideration permitted only on such matters as are referred, 355 Debate, Divisions, Order and General Procedure as in Council, with exceptions, 356 Debate to be confined to question immediately before Committee, 366 Debate - continued irrelevance and prolixity in, punished, 367 Decisions not to be reviewed until after recommittal, 364 Disorder - see also DISORDER |
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grave - in case of, Council resumes and report made, 358 reported by Chairperson and punished only by Council, 357 |
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Division - no decision on if quorum not present, 369 Interrupted business - resumption of, 372-374 Irrelevance - continued - punished, 367 Members may speak more than once in, 366 Motions - |
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That Question be now put, 371 That Chairperson report progress, 371 That Chairperson do now leave Chair, 371 - supersedes question, 372 |
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Objectionable words not withdrawn or explained reported to Council, 359 Objection to Chairperson’s Ruling, 360 Order maintained by Chairperson, 357 Personal Interest - question of determined by Committee, 362 Personal Explanation - by indulgence, 187 President leaves Chair without question put when Order made or read, except where Notice of Instruction given, 352 Previous Question not admissible, 365 Proceedings of, not to be referred to in House until reported, 190 Quorum - ten Members including Chairperson, 354 Quorum - want of - to be reported, 368, 369 Report brought up and received without question put, 375 Report - how dealt with, 376 Review of decisions not permitted until after recommittal, 364 Seconding of Motions not necessary, 363 Speeches in Committee not to be alluded to in House except by indulgence for personal explanation, 187 |
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See also INSTRUCTIONS |
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COMMITTEES ON BILLS - |
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See Bills - In Committee of the Whole and Committees, Select - On Bills |
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COMMITTEES, SELECT - |
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Appointment - |
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Committee to consist of five nominated Members unless ballot demanded, 377 Lists of, posted in Lobby and Clerk’s Office, 420 Members - |
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may be discharged and others appointed, 380 question of Pecuniary Interest determined by Committee, 379 to be discharged, to be named on Notice of Motion, and substitute, to be balloted for, 381; with Pecuniary Interest, may not sit, 379 |
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Meetings - |
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Adjournment of, 391 Black Rod to advise when President about to take Chair, 392 Chairperson - |
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Casting voice only, 389 Divisions recorded by, 393 Election of, 387, and of Acting Chairperson, 388 |
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Divisions, 394; obligation to vote, 394 Documents to be endorsed and in custody of Clerk, 400 During Council sittings - require special permission, 391 First meeting, 385 Order of Reference - only matters within to be considered, 397 Proceedings, null and void after Black Rod’s announcement, 392 Quorum - absence of, 390 Quorum to consist of three Members or as specially ordered, 386 Suspension of business when President about to take Chair, 392 |
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Witnesses - |
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Chairperson to certify accounts for expenses, 413 Charges against Member, 399 Clerk to summon, 429 Documents not to be disclosed, 398 Documents to be endorsed and in custody of Clerk, 400 Evidence not to be disclosed, 398 Examination of, 395 Members as, 431 Payment of, 413 Power to send for persons, papers and records, 384 Strangers - |
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Admission to examination, 396 Exclusion of, 396 |
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Report - |
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Amendment of, 405, 406 Chairperson to sign, 407 Committee brought to close by final Report, 412; revival, 412 Consideration of draft Report, 401-403 Date for bringing up, 382, 408 Drafted by Chairperson, printed and circulated to Committee, 401 Drafted by another Member, 404 Dissent in Report, 405 Meeting specially called to consider, 402 No debate on presentation to Council, 410; may be read, etc., 410 Notice not to be taken of proceedings until reported, 190 Order of Reference - only matters to be considered, 397 Presented to Council, 409 - subsequent proceedings on Notice, 411 Progress, 383 Protest in Report, 405 Reconsideration of draft Report, 406 Revival of Committee after final Report, 412 Time for bringing up Report, 408 |
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Conference with similar Committee of House of Assembly - |
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By Leave or Order of Council, 263 - see also 416 Communicated by Message to Assembly, 264 Communications at, may be verbal, 265 Report of, 266, 416 |
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Instructions to, 427-428 Provisions relating to Bills referred to - |
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Consolidation, J.S.O. 18 Hybrid, 268 Procedure on, in Committee, 305; J.S.O. 18 Recommittal to same or other Committee or Committee of Whole, 310 Reported Bills not to be referred to, 289 Reprinted if amended, 311 Withdrawal of Bill on Report - Notice of Motion for, 310 |
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COMMITTEES, STANDING - including STANDING ORDERS, LIBRARY and PRINTING |
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Appointment of - |
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Time for, 11, 414 Method, 415 Powers, 416 Quorum, 417 Message advising appointment to be sent to Assembly, 414 |
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Printing Committee - |
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Reports on all Petitions and Papers not printed or so ordered, 418 Report may be at once adopted but details not to be then discussed, 419 |
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COMMONS, HOUSE OF - Observance of rules of, where not otherwise provided, 1 |
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COMMONWEALTH PARLIAMENT - |
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Addresses to, 235, 238 Members of admitted to Chamber without the Bar, 446 Not to be injuriously reflected upon, 193 |
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See also under JOINT ADDRESSES, J.S.O’s. Nos. 10-12, ELECTION OF SENATORS, J.S.O. 16 |
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COMMUNICATION WITH THE GOVERNOR - Right of free, claimed, 23 |
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COMMUNICATION WITH THE HOUSE OF ASSEMBLY - Shall be by Message, Conference of Committee conferring, 247 |
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See also Messages, 248-250; Conferences, 251, 257, 259; Committees, 263-266, 416 |
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COMPANIES - Bill affecting interests of, 268 |
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COMPLICATED QUESTIONS - May be divided by President, 125. |
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CONCURRENCE OR NON-CONCURRENCE OF PRESIDENT - May be indicated on second and third readings of Bills, 231 |
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CONCURRENCE OF ASSEMBLY - Council Bills and amendments sent to House of Assembly with Message desiring, 316, 317, 332 |
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CONDUCT OF MEMBERS IN CHAMBER - Orders regulating, 161-165; and in Debate, 166-207 |
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CONFERENCE BY SELECT COMMITTEE - |
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Orders regulating, 263-266 Standing Committees may confer with similar Assembly Committees, 416 |
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See also JOINT COMMITTEES, J.S.O’s. Nos. 1-9. |
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CONFERENCES BETWEEN THE HOUSES - |
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All Conferences to be free, 260 Business of House and Committee shall be suspended during, 254, 373 By whom requested, 255 Communication of resolutions by Managers to be in writing, 259 May be held during adjournment of Council, 254 Managers - |
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duties of, 258, 260, 341 nominated, but may be elected by ballot if demanded, 253 number of, to be same as for Assembly but, unless otherwise ordered, not less than five, 252, 256 |
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Object to be stated, 252 On Amendments to Bills - |
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Managers’ duties at, 260, 261, 338, 341 When to be requested, 334; on Money Bills, 341 |
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One only permitted on any one matter, 262 Orders regulating, 251-262 Proceedings at, 260 Requested by Message, 251 Result to be reported in writing forthwith or as ordered, 261 Time and place of, 257 |
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CONSOLIDATION OF TWO OR MORE BILLS, 275, 424 |
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CONSOLIDATION BILLS - How dealt with, J.S.O. 18 |
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CONSTITUTION BILLS - |
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Assembly Bill to be certified by Clerk of Assembly as to absolute majority, 279 Clerk’s Certificate on Bills, 321 Proceedings on Second and Third Readings of, 282 |
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CONVERSING ALOUD - Not permitted during debate, 181 |
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CORPORATIONS - |
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Bills affecting interests of one or more Municipalities, 268 Petitions from, to be under Seal, 87 |
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COUNCIL, LEGISLATIVE - |
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Adjournment of - |
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by President, 50, 53, 213 by Resolution, 58, 59 to irregular time (Urgency Motion), 116 |
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Call of, 37-43 Days of meeting, 48 Definition of Council, 3 Members - |
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absence and attendance, 32-36 conduct, 161-165, 167, 243 not to be reflected on, 193 places of, 44-47 roll of, 28 |
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Powers not restricted by Standing Orders, 2 Prevents quarrels between, 218 Rights claimed by President after election, 23 Suspension of sittings of - |
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at half past six o’clock, 60 during Conference, 254 Minister may move at any time for, 61 President may suspend when grave disorder, 213 |
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Votes of not to be reflected upon, 192 |
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COUNT OUT - See QUORUM |
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COUNTING OF COUNCIL, 54, 282 |
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COURT OF DISPUTED RETURNS - See Electoral Act s.103 |
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COURTS OF LAW - See EVIDENCE AND REFLECTIONS, INJURIOUS |
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CROWN, MINISTER OF THE - See MINISTER OF THE CROWN |
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CROWN OR WASTE LANDS - Bills granting, to persons or bodies, 268 |
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CROWN SOLICITOR - Certificate of J.S.O. 29 |
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CUSTODY - |
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Persons may only be discharged from, by Order, payment of fine, or Prorogation, 217 Strangers in Chamber and disorderly persons may be delivered into, 216 Witness in custody, 435 |
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CUSTODY OF DOCUMENTS - See DOCUMENTS
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D |
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DAYS OF MEETING - Appointed, 48 |
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DEBATE - |
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Rules, forms and practice of House of Commons adopted in cases not otherwise provided for, 1 Adjournment of - |
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Member speaking to Question not to move, but by leave may conclude speech at future time, 197 Member in charge of Bill or other matter may move motion again within 15 minutes of previous motion, 195 Motion for, 195 |
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if carried, preaudience for Member moving, 198 if negatived, mover and seconder may speak, 195 |
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On Question of Order or Privilege not entitled to precedence, 201 On President’s Ruling to be first Order of Day for next sitting day, 205 Resumption date to be fixed, but not beyond Session except after Notice, 196 Restriction on further Motions for, 195 To later hour or future day, 194 |
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In Committee - |
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Debate confined to question immediately before Chair, 299, 366 Irrelevance, etc., 367 Practice, same as in Council observed except as to number of speeches, seconding of Motions and Previous Question, 356 |
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Interrupted Debate - How resumed, 71, 76, 77, 128 |
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See also RESUMPTION OF INTERRUPTED BUSINESS |
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Limit to Debate - On Suspension of Standing Orders, 458 |
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See also fixing day for an adjourned Debate, 196 |
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No Debate on certain matters - |
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Adjournment of Council, 59 Adjournment of Debate, 195 Arranging business at 6.30 p.m., 60 Bills - |
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First Reading of, 283 passing of, 315 revival of Lapsed Bills, 346 |
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Closure, 127 In Committee - |
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closure, 371 reporting Progress, 371 that Chairperson leave Chair, 371 |
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Personal explanation, 173 Postponement, discharge and revival of Orders of Day, 68 |
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Printing Paper (at time of presentation) except Ministerial Statement, 180 Privilege - reference of questions of, to Committee, 202 Strangers - withdrawal of, 447 Suspension of Member, 210 |
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See also On presentation of Petitions, Reports and Papers, 95; 310, 410; 419; 450 |
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Right and Manner of Speech - |
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Debate allowed on Ministerial Statement, 180 Explanation, personal - |
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in debate, when misquoted or misunderstood, 175 right of second speech for, 174 when no Question before Chair, 173 |
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Indulgence to infirm Members, 168 Interjections out of Order, 181 Interruptions not allowed, 175, 195, 127, 59; exceptions, 182 Member - |
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not to speak after Question completely put, 183 rising but not speaking, 172 to resume seat when President rises, 161 to rise, uncovered, and address President, 167 |
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Members - two or more rising - President to name one, 169 Order - right of second speech upon Question of, 174 Place of speaking, 167 Possession of Chair - Member in - not to be interrupted, 175; exceptions, 182 Paper - Motion without Notice by Minister for printing, 180 Reply allowed, 176 (exceptions: Amendments, Previous Question, Instructions) Reply - right of when Motion moved by Member other than one giving notice, 177 Reply closes debate, 178 Right of Member, in charge of business, to speak, 166 Second speech not allowed, except in explanation or reply or on Question of Order or Privilege, 174 Second speech allowed on restored Bill, 174 Seconder may reserve speech, 179 Speech not to be read, 170 Questions on which Member may speak, 171 |
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See also CONDUCT OF MEMBERS, 161-165. ORDER AND PRIVILEGE, 199-207 |
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Subject Matter of Speech - |
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Committee speeches not to be referred to, 187 Debates of same Session not to be alluded to, 187 Documents regarding debates of same Session in Council not to be read, 189 Governor’s name not to be used irreverently or to influence debate, 191 Hansard may be read concerning Council debates of same Session, 189 Injurious reflections not permitted, with exceptions, 192, 193 Irrelevance, prolixity or tedious repetition, 186, 367 Member not to digress, 185, 299, 366 Member not to anticipate debate, 185 Newspaper extracts relating to Council debates during same Session not to be read, 189 Other debates of same Session or speeches in Committee - reference to not permitted except by indulgence for explanation, 187 Other House - |
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quotation from debates of, in current Session, 188 measure pending in - comment not permitted, 188 |
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Personal Explanation - references permitted, 187 Persistent irrelevance and prolixity, 186, 367 Question read by Clerk, 184 Quotations from debates of current Session in other House must be relevant, 188 Reference to proceedings in Committee before Report not permitted, 190 Reflections - |
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on Government, Commonwealth, Members, Judges, Courts, 193 on vote of Council or Statute, 192 |
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Same Session debates - |
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in Assembly permitted to be quoted if relevant, 188 in Council - only Hansard to be read, 189 in Council allusions limited to Bill or Question under discussion, 187 |
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Sovereign’s name not to be used irreverently or to influence debate, 191 |
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DEFINITIONS - |
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Bills, Hybrid, 268 Bills, Public, 267 Interest, Personal, 225, 379 Parliament, and stage, 347 Terms used in Standing Orders, 3 |
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DEPUTATION OF MEMBERS - for Presentation of Addresses to Governor - |
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Addresses generally, 239, 241 Address in Reply, 22, 23 Joint Addresses, J.S.O. 13 |
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DEPUTY CLERK - Acts as Clerk in case of absence or illness of latter, 27 |
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DEPUTY PRESIDENT - |
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Appointment of, 24, 25 Authority limited as to time, 24 |
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DESPATCHES - Address for production of, 449 |
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DILATORY MOTIONS - |
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Adjournment of Council, 59 Chairperson to leaveChair, 371 Debate, 195 |
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DISCHARGED - |
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Orders of the Day and Orders of the Council may be read and be, 68, 155, 156, 160 Prisoners discharged, 217 |
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DISORDER - |
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Arrests to be reported without delay and time fixed for further proceedings, 217 Charge against Member only made on substantive Motion after NCommitment quashed by Prorogation, 217 Disorderly conduct stated, 208 Grave - in cases of, President may adjourn Council or suspend sitting, 213 In Committee - |
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in cases of grave disorder Chairperson leaves Chair and reports, 358 only punishable by Council on Report, 357 |
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Member wilfully disobeying Order of Council, 215 President names Member and reports offence to Council, 208 and similarly on report of Chairperson of Committees, 209 Quarrels between Members prevented by Council, 218 Suspended Member to withdraw from precincts, 212 Suspension moved without debate, 210 Suspension, periods of, 211 Strangers, when disorderly, delivered into custody by Black Rod by direction of President, 216 |
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DISSENTS - May be added to Select Committee Reports, 405 |
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DISSENTIENT VOICE - "Leave of Council" must be without, 3 |
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See also UNANIMOUS |
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DISTRICT COUNCILS - Bill affecting interests of, 268 |
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DISTURBANCE - In debate not allowed, 181 |
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DIVISIONS, 219-232 - |
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All present qualified to vote must vote, 224 Call for may be withdrawn, by leave, 221 Casting Vote of President - and Reasons for, 231 Concurrence or Non-concurrence of President on Second or Third Readings of bills, 231 Confusion in or errors, 229 Division bells rung, sandglass turned, doors locked, and Bar drawn for, 222 Errors in, 229, 230 If only one voice given on either side, 219, 228 Interested Member’s vote disallowed, 225 Interruption of not permitted, 60 Lists recorded, 232; mistakes corrected on order of President, 230 Member calling for shall not leave Chamber and to vote with declared minority, 220 Member not to vote unless within Bar when question put, 226 Mistakes corrected in Journals by order of President, 230 No decision if want of Quorum disclosed, 53 Point of Order during, may be raised only by member seated and covered and by permission of President, 200; objection to ruling, 206 Procedure for, 222 Question put and Members divide, 223 Vote of Interested Member disallowed - definition, 225 In Committee of the Whole - |
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Chairperson has casting voice only, 361 conducted as in Council, 356 doors locked, 394 |
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In Select Committees - |
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Chairperson - |
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to have casting voice only, 389 to record, 393 |
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See also JOINT COMMITTEES, J.S.O. 6 |
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DOCUMENTS - |
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After Session, 454 Custody of, to be with Clerk, 31, 400 Not to be attached to Petitions except in case of Private Bills, 88 Presented to Select Committees not to be published without leave, before Report, 398 Quoted from in debate, 452 |
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DOORS - Locked during Divisions, 222, 394 |
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DURATION - |
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of Standing Orders, 461 of Temporary Acts, 273 |
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DUTY - See Tax, etc., 277
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E |
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ELECTION OF - |
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Chairperson of Select Committees, 387, 388 Committees - |
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Select, 377 Standing, 414, 415 to draw up Reasons, 340 |
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Managers at Conferences, 253 President, 16-23 Senators, J.S.O. 16 |
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See also BALLOT; COMMITTEES, SELECT. |
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ENACTING WORDS - Of Bills, not put to Committee except under Instruction, 292 |
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ENGLISH LANGUAGE - All Petitions to be in, or accompanied by English translation, 82 |
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EQUALITY OF VOICES AND VOTES - See VOICES: TIE |
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ERASED TYPE - |
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Used for - |
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amendments to Consolidation Bills, J.S.O. 18 clause of Council Bill appropriating Revenue, etc., 278 suggested amendments in Assembly Bills, 341 |
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ERRORS - |
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In Bills - |
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clerical and typographical may be corrected by President at any time, 326 drafting, before issue to Members, 324 printing, before issue to Members, 324 |
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EVIDENCE - |
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Clerk, officer or reporter forbidden to give, without leave of Council, 444 Disclosure of, prior to Report, 398 Documents not to be produced in evidence without leave of President or Council, 31 Leave required before evidence given or documents produced elsewhere, 444, 31 Member not to give elsewhere without leave of Council, 444 |
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EXAMINATION OF WITNESSES - See WITNESSES. |
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EX OFFICIO MEMBER AND CHAIRPERSON - President to be, of Standing Orders and Library Committees, 378, 414 |
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EXPLANATIONS - |
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Charge may be explained, 214 Committee speeches may be referred to by indulgence, 187 Debates of same Session may be referred to by indulgence, 187 Member may explain words, 175 Personal matters may be explained by indulgence, 173 Unbecoming words require, 208 |
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EXPUNGEMENT - Of unbecoming Notices, 104 |
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EXTRACTS - Referring to debates of same Session, excepting Hansard, not to be read, 189
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F |
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FAIR PRINT - |
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Bills - |
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after agreement to Governor’s Amendment, 345 before presentation for Assent, 348 Chairperson of Committees to certify before Third Reading, 314 |
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FIFTEEN MINUTES RULE - |
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Adjournment of Council, 59 Adjournment of Debate, 195 Closure of Debate - |
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in Committee, 371 in Council, 127 |
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That the Chairperson do now leave the Chair, 371 That the Chairperson report progress and ask leave to sit again, 371 |
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FINED - Member or other person arrested may be fined, 217 |
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FORMAL BUSINESS - |
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Only formal or unopposed business may be entertained prior to adoption of Address in Reply, 14 |
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FREE CONFERENCES, 260, 265 |
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G |
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GALLERY - |
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Disorder in, 216 Members of House of Assembly or Commonwealth Parliament, 445, 446 Strangers - |
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if Member shall take notice, President or Chairperson shall forthwith put question "That Strangers be ordered to withdraw", 447 President or Chairperson may order withdrawal of Strangers from any part of Chamber, 447 |
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GANGWAYS AND PASSAGES of Chamber to be kept clear, 165 |
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GIVING OF NOTICES - See NOTICE |
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GOVERNMENT BUSINESS - |
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Government Business of the Day postponed to Private Business on Wednesdays, 70 Minister - |
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arranges as thinks fit, 65 may move for change of Order without Notice, 78 |
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Precedence of, on Tuesdays and Thursdays, 64 |
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GOVERNMENT PRINTER - |
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Papers printed by, 418 To print all Bills after First Reading, 284 |
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GOVERNOR, THE - |
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Access to, claimed by President, 23 Addresses to, 235-241; for Papers, 449 Approval of, necessary, for amendment or repeal of Standing Orders, 461 Assent to, or reservation of Bills, 345, 348: See J.S.O’s. Nos. 14, 17 Bills originated in Council to be presented to, by President, 345, 348 Injurious reflections on, not allowed, 193 Introduced to Council Chamber - |
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announced by Black Rod, 6 conducted to Chair by President, 6 |
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Joint Addresses, J.S.O’s. Nos. 10-13 Messages from, 242-246 Name not to be used irreverently or to influence debate, 191 President’s election to be notified to, 22, 23 Recommends - |
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amendments in Bills, 342-345 Appropriation Bills in current Session, 277 |
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Speech of - |
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Address in Reply to - |
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Committee to prepare, 12 President to present, 13 |
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laid on Table by President, 12 |
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Summonses House of Assembly at Opening, 8 |
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GRANT OF MONEY - No petition to be received for, 97 |
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H |
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HALF-PAST SIX O’CLOCK RULE, 60 |
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HANSARD - |
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Assembly debates, 188 Council debates, 189 |
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HANSARD REPORTER - |
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Not to disclose evidence, 398 Not to give evidence without leave of Council, 444 To note questions, replies and names of questioners at Select Committees, unless otherwise ordered, 395 |
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HOLIDAY, PUBLIC - Provision if Council is adjourned to, through want of Quorum, 57 |
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HOUSE OF COMMONS - Practice of, used as guide, 1 |
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HOUSE OF ASSEMBLY - |
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Attendance of Council Members and Officers before Committee of, 434 Black Rod to deliver Message from Governor to, 8 Clerk of, Certifies Bills - |
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Appropriating Revenue, etc., 277 Constitution Bills, 279 |
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Comment on measure pending in, 188 Communication with to be by Message, Conference or Committees conferring, 247 Debates in - quotations from in current Session, 188 Joint Addresses, J.S.O’s. Nos. 10-13 Joint Committees with similar Committees of Council, 416; J.S.O’s. 1-9 Members may be admitted to Council Chamber without the Bar, 446 Members to be furnished with Council Papers, 455 Message from, 250 |
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HYBRID BILLS - Definition and Procedure, 268; J.S.O. on Private Bills No. 2 |
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I |
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IMPERIAL PARLIAMENT - |
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Address to either House of the, 235, 238 Joint Addresses to the, J.S.O’s. 10-12 Usages of House of Commons to be used as guide in certain cases, 1 |
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IMPOST - Bills for appropriating any, to be specially certified, 277 |
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IMPUTATION OR INFERENCE - Not to be made in putting Questions to Members, 109 |
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INDULGENCE - |
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To Members unable to stand, 168 In explanation, 173, 187 |
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INJURIOUS REFLECTIONS not permitted, except on substantive Motion after Notice and on specific charge, 193 |
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INSTRUCTIONS - |
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Members moving motion for, not to have reply, 176 Notice required, 421 Time for moving - |
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to Committee of the Whole, 288, 352, 426 (see also 292) |
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to Select Committee, 428 to Joint Committees, J.S.O’s. 7 and 18 |
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to Committees of the Whole - |
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as to amendments in Bills, must be relevant to Title, 422 effect of rejection of, 425 enacting words of Bills not to be considered except under, 292 not to be mandatory or to give power already possessed, 423 rejection of, effect, 425 scope of, 422 time for moving, 288, 352, 426 to divide or consolidate Bills, 424 |
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to Joint Committees - |
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Consolidation Bills - special, J.S.O. 18 require concurrence of both Houses, J.S.O. 7 |
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to Select Committees - |
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scope and terms of, 427 time for moving, 428 |
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INTEREST, PERSONAL OR PECUNIARY - |
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Definition, 225 Determination of in Committees, 362 Select Committee Members not to have direct Pecuniary Interest, 379 Vote of interested Member disallowed on motion, 225 |
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INTERJECTIONS out of Order, if repeated, 181 |
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INTERRUPTED BUSINESS - |
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Resumption of - when caused - |
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by adjournment of Council, 77 by calling on Orders of the Day, 71 by negativing the Closure, 128 in Committee, 372-374 in Council, 76 |
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INTERRUPTION - |
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Members to be heard without, 182, 127, 175, 184, 195; exceptions, 182 Permitted to - |
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call attention to Point of Order or Privilege, 182, 200 call attention to want of Quorum, 182, 54 request words to be taken down, 182, 207 |
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President to be heard without, 161 Repeated interjections not allowed, 181 Talking aloud not permitted, 181 |
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IRREGULAR TIME - Motion (covering debate on urgent matter) to adjourn to, 116 |
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IRREGULARITIES - |
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In Bills, 276 Rescission of Resolution of Council to correct - requires one day’s Notice, 159 |
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IRRELEVANCE IN DEBATE - |
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In Committee, 367 In Council, 186 |
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ITALICS used for - |
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Amendments made by - |
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Joint Committees, J.S.O. 18 Select Committees on Bills, 311 |
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JOINT ADDRESSES - Orders regulating, J.S.O’s. Nos. 10-13 |
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JOINT COMMITTEES - |
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Appointment, number of Members and Quorum, J.S.O’s. Nos. 1-3 Chairperson to have deliberative but no Casting Vote, J.S.O. 6 Instructions to, must have concurrence of both Houses, J.S.O. 7 Power to Standing Committees to join with similar Committees of House of Assembly, 416 Powers, J.S.O. 5 Procedure, J.S.O. 9 Quorum, J.S.O. 4 Report, J.S.O. 8 |
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JOINT COMMITTEE ON CONSOLIDATION BILLS, J.S.O. 18 |
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JOINT SITTINGS OF BOTH HOUSES when electing Senators, J.S.O. 16 |
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JUDGES - |
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How introduced as Witnesses, 443 Injurious reflections on, not permitted except on specific charge and substantive Motion after Notice, 193 |
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LAID ASIDE - Assembly Bills, 336, 338 (Money Bills, 341), Council Bills, 333, 334 |
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LAPSED BILLS - |
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Bill passed by both Houses lapses if assent or reservation not notified or proclaimed before Prorogation but may be revived next Session of same Parliament and expedited, J.S.O. 17 Member’s right to speak on, 174 Numbering of, J.S.O. 14 Parliament - definition of, 347 Revival, 346, 347. (See also Constitution Act, section 57) Stage - definition of, 347 |
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LAPSED MOTIONS - |
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How revived, 120 Notices of Motion, if not moved, lapse, 72 Notices of Motion, interrupted by Orders of the Day and not resumed, lapse, 71 |
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LAPSED QUESTIONS - Questions not asked or answered, lapse, 112 |
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LAPSED ORDERS OF THE DAY - |
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How revived, 68, 73 Orders read and not disposed of, lapse, 73 |
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LAW - |
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Bills for Consolidation of, J.S.O. 18 Courts of, 193 Evidence not to be given elsewhere by Member, Clerk, etc., without leave, 444 |
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LEAVE OF ABSENCE - |
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To Member, 32-36 To President, 25 |
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LEAVE OF THE COUNCIL - |
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Definition, 3 Matters requiring - |
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to conclude Speech, 197 to explain Question, 109 to move Motion without Notice, 114 to withdraw call for Division before tellers appointed, 221 to withdraw Motion, 123 to withdraw Previous Question, 152 to withdraw proposed amendment, 140 |
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LEAVE TO SELECT COMMITTEES - |
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As to sittings, 391 To confer with corresponding Committees of House of Assembly, 263, 416 To report, 382, 383 |
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LEAVE TO ATTEND AS WITNESS - |
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To Member, Officer, Hansard Reporter, in Courts of Law, 444 To Member before Committee of House of Assembly, 434 To Officer of Council, 434 |
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LEAVE TO BRING IN BILL - |
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Motion for - must specify title, 269 When presented Bill must coincide with, 272 Withdrawal necessary if Bill not prepared in pursuance to Order of, 276 |
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LEGISLATIVE COUNCIL - |
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Adjournment of - |
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by President, 50, 53, 213 by Resolution, 58, 59 to irregular time (Urgency Motion), 116 |
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Call of, 37-43 Days of meeting, 48 Definition of Council, 3 Members - |
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absence and attendance, 32-36 conduct, 161-165, 167, 243 not to be reflected on, 193 places of, 44-47 roll of, 28 |
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Powers not restricted by Standing Orders, 2 Prevents quarrels between, 218 Rights claimed by President after election, 23 Suspension of sittings of - |
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at half past six o’clock, 60 Minister may move at any time for, 61 President may suspend when grave disorder, 213 |
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Votes of not to be reflected on, 192 |
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LEGISLATURE, THE - |
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Injurious reflections on not allowed, 193 Petitions not to contain disrespectful language against any branch of, 89 |
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LIBRARY COMMITTEE - |
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Appointment - |
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Chairperson, 378 Members, 414 method of, 415 time for, 414, 11 |
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May sit as Joint Committee, 416 Powers, 416 Quorum, 417 Report, 416 |
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LISTS OF MEMBERS - (See also Constitution Act, section 15) |
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Addresses to be kept, 39 Ballot slips to be initialled by Clerk, 234 Of Committees to be posted in Lobby and Clerk’s Office, 420 |
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LOANS - Clause in Council Bill dealing with raising, guaranteeing or repaying of, to be printed in erased type, 278 |
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LOBBY - List of all Committees to be posted in, 420 |
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LOCAL BODIES - Bill affecting interests of one or more, 268 |
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LOT IN CASE OF TIE - |
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Clerk determines election of President by, 20 President determines other elections by, 234 |
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MAJORITY, ABSOLUTE - |
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Constitution Bills, 282 (Certificates 279, 321) Rescinding Resolutions, 159 Suspension of Standing or Sessional Orders without Notice, 457 |
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MAJORITY OF VOICES - Questions determined by, 129 |
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MANAGERS AT CONFERENCES - |
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Duties, 260; Money Bills, 341 May confer by word of mouth, 260 Members - |
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to be nominated unless ballot required, 253 to be ordinarily not less than five, 252 to be same in number as for House of Assembly, 256 |
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When Council receives Managers for House of Assembly, 258 In case of Bills - |
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instructed as to duties, 258, 260, 341 to report result in writing, 261 when Conference sought by other House, to bring back Bill, 338 |
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MARGINAL NOTES - Read in passing clauses of Bill in Committee, 291 |
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MATTERS OF INTEREST, STATEMENTS OF, 67b |
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MEETING OF THE COUNCIL - |
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At Opening of Parliament, pursuant to Proclamation, 5 On other occasions, pursuant to Order, 48 |
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MEMBERS OF THE HOUSE OF ASSEMBLY - |
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Admitted to Chamber without the Bar, 446 Attendance of, in Council Chamber desired by Governor, 8 Attendance of, as witnesses, 433 To be furnished with Council Papers, 455 Presentation of Joint Address to Governor in certain circumstances by, J.S.O. 13 |
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MEMBERS OF THE LEGISLATIVE COUNCIL - |
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Absence and Attendance - |
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at Call of Council, 37-43 attendance required unless leave granted, 32 presence to be recorded in Minutes, 30 orders concerning, 32-36 |
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Absent when - |
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Notice of Motion called on - another may move at request of absent Member, by leave, 115 Notice of Question - another may ask at request of absent Member, 113 Order of the Day called on - another may move or postpone, but not discharge except after Notice, 156 |
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Arrest of, 217 Bills - Committee of not less than two, instructed to prepare and bring in, 269 Charges against, 193, 214 Conduct in Chamber - Disorderly, 208-212, 217 |
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not to pass between President and Member speaking, 164 not to stand in gangways, 165 not to move about while President puts question, 162 to address President, 167 to be silent and seated when President rises, 161 to speak from place, or another’s if no objection taken, 167 to take their places and not stand in gangways, 165 to be covered and seated when speaking to Order during Division, 200 to be uncovered - |
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and make obeisance to Chair when entering or leaving Chamber, 163 while Message from Governor read, 243 while speaking, 167 |
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In Debate - Rules relating to, 166-207 Places - Orders regulating, 44-47 Quarrels between, prevented by Council, 218 Questions may be put to, 107 Roll - How to be kept, 28 Swearing-in, 9 Withdrawal - In cases of suspension and charge, 212, 214 Witness - |
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before Select Committee of Council, 431 before House of Assembly or Select Committee thereof, 434 examined in place in Council, 442 |
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MESSAGES - |
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From the Governor |
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may be communicated by Minister from Minister’s place, 246 Orders regulating the reception of, 242-246 recommending amendments to Bill, 342 suspend Business in Council or Committee, 242, 373 |
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From the House of Assembly - |
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received by a Clerk-Assistant at the Bar, 250 reported by the President as early as convenient, 250 transmitting - |
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Appropriation Bills, 277 Constitution Bills, 279 amendments in Council Bills, 333-335 amendments recommended by Governor, 344 amendments suggested by Council, 341 |
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To the House of Assembly - |
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may be moved for, without Notice, 248 notifying - |
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adoption of Conference recommendations, 338 agreement with amendments, 330; with amendment or further amendment, 332 disagreement with amendments, 331 insistence (or otherwise) on amendments, 337, 338 |
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returning Assembly Bills passed, 317 to be in writing, signed by President and delivered by a Clerk during sitting, 249 transmitting - |
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amendments, 339-340; and suggested amendments, 341 Council Bills, 316 Council Bills with suggested amendments, 278 Council Bills with Governor’s Amendments, 343 |
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MESSENGER FROM GOVERNOR - |
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Announced by Black Rod, 242 Chairperson of Committees leaves Chair of Committee and President resumes Chair to receive, 373 Message delivered to President in the Chair, 242 Withdraws after Message has been read, 244 |
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MINISTER OF THE CROWN - |
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Adjournment of Council - Not bound by fifteen minutes’ rule, 59 Business - |
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may arrange Government Business as Minister thinks fit, 65 may move for ordering of Business without Notice, 78 |
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Message from Governor - May communicate from Minister’s place, 246 Printing of Paper - May move for when laying Paper on the Table, 451 Questions - |
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may be put to, at time of giving Notices, 107 may decline to answer, and may answer question not asked, on ground of public interest, 111 |
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Questions of Privilege - Referred to Committee of Privilege if Minister so claims (or if Council so resolves), 202 Seat - Entitled to reserved, 44, 45 Suspension of Sitting - May move at any time, 61 Vote of Thanks - May move, without Notice, 118 |
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MINISTERIAL STATEMENT - |
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Debate allowed on, when Minister moves to print Paper for purpose of making Ministerial statement, 180: but not allowed otherwise. Ordinary routine of business, time for giving, 67, and any other time, by leave, 67a |
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MINORITY OF VOICES - One of the, may call for a Division, 129, and having so called, must vote in accordance with own voice, 220 |
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MINUTES OF EVIDENCE of Select Committees, 395 |
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MINUTES OF PROCEEDINGS - |
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After Session Papers to be bound with, 454 Definition of "Minutes", 3, 29 Clerk to note, 29 Division Lists - |
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to be recorded in, 232 to be corrected by President in case of mistakes, 230 |
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Motion not seconded not to appear on, 119 Notice Paper appended to, 62 |
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MISTAKES - Correction of |
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Division Lists, 229, 230 Involving rescission of Resolution, requires one day’s Notice, 159 |
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MOTIONS - |
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Amendment of, 130-143 Business not to be anticipated in Motions of Urgency, 117: or otherwise, 185 Dilatory - |
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adjournment of Council, 59 adjournment of Debate, 195 Chairperson do now leave Chair, 371 |
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Formal - matter of urgent public importance, 116, 117 Further proceedings on Questions from Chair, 121-129 Interrupted by Orders of the Day being called on - resumption, 71 Lapsed may be revived, 120 May, by leave and on request, be moved by other than Member giving Notice, 115 (See Reply, 177) Members to speak from own place - or another’s if no objection, 167 Members to support Motion of Urgency (three to rise), 116 Notice required, except by Leave or pursuant to Standing Orders, 114: |
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Exceptions, e.g., 59-61, 68, 78, 116, 118, 205, 210, 225, 248, 283, 307, 313, 383, 451, 452, 457 |
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Notices of Motion, 98-106 Notices of Motion, called on and not moved, lapse, 72 Notices of Motion, if not called on, set down for next sitting day, 74 Notices of Motion, priority of, 64-66, 70 Petition - presentation of when Motion called on, 80 Precedence of, 65 Precedence of, to Question of Privilege, 201, 202, but not to adjourned debate on, unless so ordered, 201 Precedence of, to Vote of Thanks, 118 Privilege, 201, 202 Question proposed on, 121; put when debate concluded, 126 Rescinding Resolution, 159 Reply allowed to mover of substantive, 176, but not to mover of amendments, Previous Question or Instruction to Committee, 176 Same Question not to be proposed again, 124 Seconder required for, 119 (not in Committee, 363) Superseded, 122 Thanks, 118 Urgency - matters of public importance, 116 Withdrawal of, 123 (may be revived, 120) In Committee - |
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not seconded, 363 not to contradict or be inconsistent with previous decision until after recommittal, 364 |
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MUNICIPAL CORPORATIONS - |
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Bill affecting interests of one or more Municipalities, 268 Petitions from to be under seal, 87 |
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NAME OF SOVEREIGN OR GOVERNOR - Not to be used irreverently or to influence debate, 191 |
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NAMES OF MEMBERS |
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Called by President to speak, 169: if fails to speak, 172 Called over by Clerk at Call of Council, 41, 42 Discharged from Select Committee to be stated in Notice of Motion for, 381 Preaudience - President to name Member entitled to, 169 Proposed as Managers for Conference, 253 Recorded - |
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by tellers in Division, 227, and entered in Minutes, 232 each day when present, 30 in proceedings and divisions of Select Committees, 393 when no Quorum, 56: at meeting of Select Committee, 390 |
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Roll, 28 |
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NEW MEMBERS - |
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Admitted within Bar and sworn, 9 Names of, entered on Members’ Roll, 28 |
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NEWSPAPERS - |
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Complaints against, as breach of Privilege, 203 Extracts from, referring to debates of same Session, not to be read, 189 |
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NOMINATION OF COMMITTEES - |
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Address in Reply, 12 Conference Managers, 253 Select Committees, 377 Standing Committees, 415 To prepare Bills, 269 To prepare Reasons, 340 |
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NOTES - |
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Marginal, read by Chairperson, when reading clauses of Bills, 291 Member may refer to, when speaking, 170 |
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NOTICE - |
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Absent Members - Notice given on behalf of, 100, 113, 115 Alteration of terms of, 102 Consecutive Notices, 106 Containing unbecoming expressions or offending against Standing or other Orders - |
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Council may expunge, 104 President shall amend or order not to be printed, 104 |
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For discharging of or adding Members to Select Committees, 380, 381 Giving of - Orders regulating, 98-106 Of Motions containing irrelevant matters may be divided, 105 One day’s Notice, at least, required for Motions, 114 Permitted to be given at irregular times - |
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consideration of Select Committee Report, 411 printing Paper, 419 withdrawal of Bill, 310 |
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Seven days’ Notice required for rescinding Resolutions, 159, but one day for correction of irregularities or mistakes, 159 Time for giving, 98, 103 |
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NOTICE PAPER - |
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Appended to Minutes, 62 Business on, not to be anticipated, 117, 185 Clerk to prepare, 62 Government Business - precedence of, 64, 65 Lapsed Bills - restoration of, 346 Lapsed Business, 74, 75 Motion not moved, withdrawn from, 72 Postponement of Business, 101 Precedence of unopposed Business, 14, 64 Private Business, precedence, 64 Question directed to President not to be placed on, 99 Unbecoming Notices expunged from, 104 |
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NOTICES OF MOTION - |
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Amendment of, 102 Consecutive Notices, 106 For Leave of Absence, 34, 64 How given, 98, 106 If called on and not moved, lapse, 72 If not called on, set down for next sitting day, 74 Length of Notice, 114; exceptions: rescinding Resolutions, 159 May be divided, 105 May be moved in absence and at request of Member giving Notice, by leave, 115 Member called on to move deemed to be in possession of Council, 166 Notice given for absent Member, 100 Period for giving, 69 Postponement of, 101 Priority on Notice Paper, 64, 65 Private Business - precedence on Wednesdays, 70 Relative Order of entry on Notice Paper, 66 Resumption of, when interrupted - by Orders of Day being called on, 71; if not resumed, lapse, 71 Time for giving, 98, 103; exception: Bill from Select Committee, 310 Unbecoming Notices expunged, 104 Withdrawal of Bill from Select Committee, 310 |
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NOTICES OF QUESTION, 98-104, 106 |
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Alteration of, 102 Argument, etc., not permitted in, 109 Changing day for bringing on, 101 Given for absent Member, 100; may be asked by another, 113 How given, 98, 106 If called on and not asked or answered, lapse, 112 If out of Order, 104, 109 Reply to, not to be debated, 110 Supplementary Questions without Notice, 108 Time for giving, 98; before Business of Day called on, 103 To President not entered on Notice Paper, 99 Two, not to be given consecutively if another Member has Notice to give, 106 |
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NULL AND VOID - |
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Proceedings of Council declared, 160 Select Committee’s Proceedings - after President has taken Chair, 392 |
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NUMBERING OF ACTS, J.S.O. 14 |
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OATH - |
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Administered to new Members, 9 Witnesses cannot be examined on, except where provided by law, 436 |
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OBEISANCE TO CHAIR - Members to make, on entering or leaving Chamber, 163 |
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OBJECTION - |
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To Ruling of Chairperson to be taken at once and be stated in writing, 360 To Ruling of President to be taken at once and be stated in writing, 205 To words used in debate, 207, 359 |
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OBJECTIONABLE OR OFFENSIVE WORDS - |
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If taken down, Member refusing to explain or withdraw and apologise named by President, 208 In Committee, 359 Taken down on request, 207 Use of, highly disorderly, 193 |
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OFFICERS OF THE COUNCIL - |
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Attendance as witnesses before House of Assembly, 434 Not to give evidence without leave, 444 |
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See also BLACK ROD, CLERK, DEPUTY CLERK, CLERK-ASSISTANT |
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OFFICERS OF THE HOUSE OF ASSEMBLY - Attendance as Witnesses, 433 |
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See also CLERK OF THE HOUSE OF ASSEMBLY |
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OPENING OF PARLIAMENT, 5-15 |
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OPENING SPEECH OF GOVERNOR, 12, 13, 14 |
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OPENING SPEECH OF SOVEREIGN, 15 |
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ORDER - |
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During Division - |
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no objection may be taken to President’s Ruling, 206 Point of, may be raised only by President’s leave while seated and covered, 200 |
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Member may rise at any time to speak on, 200; exception: division, 200 Objection to Chairperson’s Ruling, 360 Objection to President’s Ruling, 205 Precedence given to Question of, 201 Proceedings on Question of, 204 Same rules to be observed in Committee as in House, 356 To be maintained - |
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by President, 199 in Committee by Chairperson, 357 |
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ORDER IN BUSINESS - Orders regulating, 67-78 |
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Business not called on, 74 Business set for day over which Council adjourns, 75 Minister may order Business of Council at any time without Notice, 78 Notices of Motion called on and not moved, lapse, 72 Orders of the Day - |
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disposed of without interruption except on Wednesdays, 70 postponed, discharged and revived without Notice, 68 read and not disposed of, lapse, 73 |
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Ordinary routine of Business, 67 Resumption of interrupted Business, 76 Resumption of Business interrupted by adjournment of Council, 77, 374 |
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ORDER OF LEAVE - |
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New Bill presented under, in lieu of one withdrawn, 276 Title of Bill must be specified in Motion for, and when presented must coincide with, 272 Withdrawn Bill may be replaced with another under same Order of Leave, 276 |
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ORDER OF REFERENCE - |
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Committees confined to - |
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Committee of the Whole, 355 Select Committees, 397 |
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Extended and restricted by Instruction in case of Select Committees, 427 Instructions must be relevant and not contradictory to, 422 |
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ORDERS FOR RETURNS - |
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Clerk to prepare return re compliance with, 454 To be communicated, 448 |
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ORDERS OF THE COUNCIL - |
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Definition, 158 Discharged, 160 Disobedience to, 215 |
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ORDERS OF THE DAY - |
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Absence of Member in charge - how dealt with, 156 Defined, 153 Discharged, 68, 155, 156 If not read, set down for next sitting day, 74 Member in charge of, or entitled to preaudience on, deemed in possession of Council when called on, 166 Notice Paper - |
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place on, 64 relative order on, 66 |
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Postponed, discharged or revived at commencement of Business, 68 Postponement beyond probable duration of Session requires Notice, 157 Priority for Third Readings of Bills, 64 Procedure, 70, 71 Read and not disposed of, lapse and how revived, 73 Revived (at commencement of Business), 68 Seconder not required, 154 Suspension of Standing Orders limited until conclusion of consideration of, 460 (with exceptions) When called on, 69 |
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PAPERS AND DOCUMENTS - |
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Addresses for, 449 After-Session Papers, 454 Council Papers to be furnished to Assembly Members, 455 Custody of, in Clerk, 31, 400 Disclosure of, 31, 398, 400 Laid on Table, any time when no other Business before Council, 450 Leave of President or Council required before removal or production in evidence, 31 Orders for, to be sent, 448 Petitions, 79-97 Presentation of, 450 Printing of - |
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on Motion of Member on Notice, 419 on Motion of Minister of Crown, 180 (no debate allowed except if made for Ministerial Statement), 451 on Report of Printing Committee, 418, 419 |
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Production of, in evidence, 31 Prorogation - Returns of, after, 454 Public - after presentation, may be copied, etc., 453 Quotation from in debate, 452 Reading of, 451 Removal of, 31 Return not made before Prorogation, 454 Select Committee - |
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custody of, 400 disclosure or publication of, only by leave of Council, 398 endorsement of, by Chairperson, 400 evidence, 398 printing of, 310, 410 |
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Tabling of, 67 |
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PARLIAMENT - |
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Commonwealth - |
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Members admitted without the Bar, 446 reflections on, not permitted, 193 |
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Definition of, in respect of lapsed Bills, 347 Opening Proceedings, 5-12 Reflections, injurious, on State or Commonwealth not permitted, 193 Reflections, injurious, on Votes of Council or Statutes of, 192 |
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PASSAGES AND GANGWAYS OF CHAMBER to be kept clear, 165 |
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PAYMENTS TO SELECT COMMITTEE WITNESSES, 413 |
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PECUNIARY INTEREST - |
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Definition, 225 Determination of, in Committees, 362, 379 Select Committee Members not to have direct, 379 Vote of interested Member disallowed on Motion, 225 |
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PERSONAL EXPLANATION, 173, 175 |
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PERSONAL GRIEVANCES - Petitions complaining of, 95 |
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PERSONAL INTEREST - See PECUNIARY INTEREST above |
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PETITIONS - |
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Clerk to certify, 79; and read, 93 Contents, 81, 82 Corporations to affix Seal, 87 Documents not to be attached (except in case of Private Bills), 88 Discussion not allowed on presentation except on personal grievance, 93 For distinct grant of money shall not be received, 97 Lodgement of, with Clerk, two hours prior to meeting of Council, 79 Personal Grievance may be discussed on presentation of Petition, 93 Presentation of, 67, 80 |
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by Member, 90 - |
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but not to be from Member presenting, 91 who shall bring to Table, 93 who shall affix name and number of signatures, 92 who shall read Clerk’s certificate and state allegations and prayer, etc. 93 |
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Printing of, 96, 418, 419 Received as from person signing, 86 Signatures, 83-85 Time for presentation, 67, 80 Wording of, to be respectful, decorous and temperate, 89 |
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PLACES OF MEMBERS - Orders regulating 44-47 |
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POSSESSION OF THE HOUSE OR CHAIR - |
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Member held to be in, when the Business of which he is in charge is called on, 166 - |
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interruptions permitted, in certain cases, 182 interruptions not permitted, 59, 127, 175, 184, 195 pre-audience, 166, 169, 197, 198 |
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POSTPONED CLAUSES - |
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Clause may be postponed if not amended, 297 Consideration - Order of, 290 |
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PRAYERS, 51 |
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PREAMBLE TO BILL - |
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Consideration - |
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after clauses and schedules and before title, 290 by Select Committee - if allegations not found to be true, report to Council to be made, 305 |
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PRE-AUDIENCE, 166, 169, 197, 198 |
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PRECEDENCE OF - |
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Certain unopposed business - if so desired by Member in charge, 64 - |
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for production or printing of Papers, 64 for leave of absence to a Member, 64 for leave to introduce a Bill, 64 to Orders of the Day for Third Reading of Bills, 64 |
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Debate on President’s Ruling, 205 Government Business, 64, 70 Notices of Motion over Orders of the Day, 65 Private Business, 64, 70 Questions to Members, 63 Questions of Order and Privilege, 201 |
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PRECINCTS OF HOUSE - |
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Member suspended to withdraw from, 212 Strangers - Disturbance by within, 216 |
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PREROGATIVE, ROYAL - |
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Address to Governor necessary for Papers required involving Prerogative, 449 |
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PRESENTATION OF - |
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Addresses to Governor, 13, 237, 239, 240 Bills to the Council by Members, 270 Bills to the Governor by President, 345, 348 Joint Addresses - J.S.O’s. 12-13 Papers to Council, 450 Petitions to Council, 80 President to Governor, 22, 23 Reports - |
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from Committee of Whole, 375 on Conferences, 261 on Select Committees, 410 |
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PRESIDENT, THE - |
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Absence of - Election of Deputy, 24, 25 Addresses - Signs, presents or transmits, and reports replies, 13, 235, 241. See also J.S.O’s. 10-13 Adjournment of Council - |
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adjourns for want of Quorum without Question put, 50, 53, 54 adjourns in cases of very grave disorder, 213 |
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After-Session Papers to be forwarded to, 454 Ballots - Appoints scrutineers, and determines tie by lot, 234 Bills - |
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announces Chairperson’s Certificate before Third Reading, 314 Committees of Whole - |
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leaves Chair of Council without Question put after Second Reading, 288 - |
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exceptions: |
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when Bill referred to Select Committee, 268; when Constitution Bill carried by less than Absolute Majority, 282; when Notice of Instruction has been given, 426 |
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takes Chair of Committee, 353 |
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counts Council before putting Question for Second and Third Reading of certain Constitution Bills, 282 errors in, may be corrected after First Reading and before issue to members, 324 errors of clerical or verbal nature may be corrected at any time, 326 passing - puts Question for, without debate, 315 presentation to Governor of, after certification, 348, 349, 345 |
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Casting Voice, 231; and in Committee, 361 Concurrence or non-concurrence on Second or Third Reading of Bills, 231 |
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See also Constitution Act, section 26(2), (3) |
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Chair - |
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Questions from, 121, 125, 126, 128, 129 resumes in cases of grave disorder in Committee, 358 takes Chair at appointed time, 50 when Governor present takes Chair on right of Governor, 6 |
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Committees of Whole - |
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leaves Chair of Council without Question on Order being made or read, 352; exception: where Notice of Instruction given resumes Chair of Council - |
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in cases of grave disorder, 358 to hear reports of Members failing to explain or withdraw words, 359 to hear reports of objectionable words taken down, 359 to hear reports of want of quorum, 368, 369 |
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takes Chair of Committee, 353 |
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Counts Council - |
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at Second and Third Readings of certain Constitutional Bills, 282 for quorum, 54 |
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Debates - |
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may direct - |
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Member to discontinue speech, 186 Member to resume seat, 172 (See also 161) words objected to, to be taken down, 207 |
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Member speaking to address, 167 names Member to speak in, 169 |
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Divisions - |
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Casting Voice (President), 231; (Chairperson), 361 corrects errors in Minutes concerning, 230 declares results, 227 directs doors to be locked during, 222 disallows vote of Member not within Bar when Question put, 226 Points of Order - |
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decision on, not to be questioned until after, 206 gives permission to Member to speak to, 200 |
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puts question again, 223 reasons given for Casting Vote recorded, 231, 361 |
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Election - |
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Orders regulating, 10, 16-23 presentation to Governor, 22, 23 |
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Guided by House of Commons practice, 1 Joint Sitting of Houses to Elect Senators - Summons Members and presides at J.S.O. 16 Members to address President when speaking, 167 Messages - |
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from Governor - receives and reads, 242, 243 to and from House of Assembly - signs and reports, 249, 250 |
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Notices of Motion - |
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amends unbecoming, 104 divides irrelevant, 105 |
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Order - |
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decides objections to Rulings of Chairperson, 360 decides points of, 204, 206 directs Black Rod regarding - |
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disorderly strangers, 216 Members suspended, 212 |
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disobedience to authority of, 208 guided by House of Commons procedure, 1 maintains, 199 may adjourn or suspend sitting when very grave disorder, 213 names and reports Member guilty of persistent and wilful disorder, 208 objections to Rulings - |
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debate on, adjourned and to be first Order of Day for next meeting unless otherwise ordered, 205 to be taken at once in writing, 205 |
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reports - |
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arrests without delay, 217 disorder in Committee, 209 |
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resumes Chair when grave disorder arises in Committee, 358 to be addressed by Members speaking, 167 to be heard without interruption, 161 |
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Prayers - reads, 51 Questions from the Chair - |
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divides complicated, 125 proposes, 121 puts, 126 puts "pending" questions in cases of closure, 128 states opinion whether "Ayes" or "Noes" have it, 129 |
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Questions by Members directed to - No entry of, on Notice Paper, 99 Quorum - Adjourns Council for want of quorum without Question put, 50, 53, 54 Rulings of, 204, 206 Seats of New Members - Determines, 46 Select Committees - |
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documents presented to, may be ordered to be released by, 400 ex officio member and Chairperson of Library and Standing Orders Committees and not eligible for appointment to other, 378, 414 |
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Speech of Governor - Tables copy of, 12 Strangers - |
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admits, 445 orders - |
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delivery into custody of, 216 withdrawal of, 447 |
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Suspension of Sitting - May suspend sitting in cases of very grave disorder, 213 Vacancy in Office - |
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during Recess, 10 during Session, 26 |
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Vote - Casting, 231; on Second and Third Readings of bills, 231 Warrants - To enforce attendance of witnesses, 432, 435 Witnesses - |
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examines before Council, 439 summons Members of Council, 430 summons others to attend before Council or Committee of the Whole, 429 |
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PREVIOUS QUESTION - |
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Cannot be amended or moved on an amendment, 147 Cannot be moved or debated by a Member who has spoken, 149 Cannot be moved while an amendment is undisposed of and prevents amendments being moved until itself withdrawn, 148 Carries no reply, 176 Debate on, 151 Form of motion for, 144 If affirmed, next business proceeded with, 145 If negatived, original question put without further debate, 146 In case of a series of propositions, 150 May be moved on Second and Third Readings of bills, 287, 312 May be withdrawn by leave and again moved, 152 No Motion for, allowed in Committee, 365 Questions superseded by, 122; revival, 145 Superseded by adjournment of Council, 122 |
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PRINTING - |
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Bills - |
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after First Reading, 284 after Report, 306, 310, 311, 313, 314 amendments of House of Assembly, 327 Bill not to be reprinted before Report, 301 errors corrected, 324, 326 use of erased type in - |
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Assembly Bills - procedure on suggested amendments, 341 Council Bills appropriating Revenue or other public money or dealing with taxation or raising, guaranteeing or repaying of any loan, 278; no Question put on clauses in erased type, 298 Consolidation Bills - J.S.O. 18 |
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use of italic type in - |
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Bills amended by Select Committees, 311 Consolidation Bills - J.S.O. 18 |
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when Bill finally agreed to by both Houses, 348 when Governor’s Amendments agreed to, 345 |
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Papers, Petitions and Reports - |
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Motion for adoption of Printing Committee Reports - details of papers not open to discussion on, 419 no debate on Motion to print without Notice unless covering Ministerial Statement, 180 Petitions - Member moving for printing of, to state intention of subsequent action, 96 printing may be moved by Minister of Crown without Notice on presentation, 451 printing of Select Committee Reports on presentation, 310, 410 stand referred to Printing Committee for report where not already printed or ordered to be printed, 418 where not recommended by Printing Committee, Member may give notice of Motion for, 419 |
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PRINTING COMMITTEE - |
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Appointment, 415 Duties, 418 Powers, 416 Procedure after report, 419 Quorum, 417 Reports, 416 Time for appointment, 11, 414 |
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PRIORITY OF BUSINESS - See Precedence |
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Business - |
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formal, 14 Government, 64 Private, 64, 70 unopposed, 14, 64 |
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Notices of Motion over Orders of the Day, 65 Notices of Questions, 63 President’s Ruling - debate on, 205 Questions of Order and Privilege, 201 |
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PRISONER IN GAOL, 435 |
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PRIVATE BILLS - See also Joint Standing Orders on - |
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Defined - Joint Standing Orders (Private Bills) No. 1 Petitions for, may have documents attached, 88 Witnesses - See 433 |
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PRIVATE BUSINESS - Precedence to, on Wednesday, 64, 70 |
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PRIVILEGE - 200-203 |
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Breach of, by newspapers, 203 Committee of - |
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Council may resolve to refer question to, 202 Minister may move for reference to, 202 |
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Questions of - |
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between Houses, 202| may be raised at any time, 200 may be referred to Committee of Privilege, 202 suspend business, 201 |
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PRIVILEGES OF COUNCIL - |
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Not restricted by Standing Orders, 2 Rights claimed by President after election, 23 |
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PROCEEDINGS OF COUNCIL - |
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Minutes of - |
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Casting Vote of President and Chairperson - any reasons given to be recorded in, 231, 361 Clerk to note, 29 Definition of, 29 Divisions lists to be recorded in, 232 Division lists - mistakes in, to be corrected by President, 230 Members’ attendances to be recorded in, 30 Motion not seconded not to appear in, 119 |
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PROCLAMATION CONVENING PARLIAMENT - To be read by Clerk, 5 |
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PROLIXITY IN DEBATE, 186, 367 |
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PROROGATION OF PARLIAMENT - |
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Commitments quashed by, 217 Bills not assented to or reserved at, lapse, J.S.O. 17 |
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PROTECTION - |
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Witnesses before Select Committee entitled to, 437 |
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PROTESTS AND DISSENTS may be added to Select Committee Report, 405 |
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PUBLIC HOLIDAY - |
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Provision if Council is adjourned to, through want of Quorum, 57 |
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Q |
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QUARRELS - Council will interfere to prevent, between Members, 218 |
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QUARTER OF AN HOUR RULE - |
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Adjournment of Debate, 195 Adjournment of House, 59 Closure of Debate, 127 |
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QUESTIONS FROM THE CHAIR - |
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Amendments, 130-143 Clerk may be required to read, 184 Closure, 127, and questions pending put at discretion of President, 128 Definitions of Resolution and Order of Council, 158 Determined by majority of voices; exceptions: 129, President states his opinion of result, 129 How superseded, 122 How withdrawn, 123 Orders of the Day, 153-157 Previous Question, 144-152 Proposed by President, 121 Put by President when debate ended, 126; opinion on result stated, 129 Question again stated before Division, 223 Resolutions, rescission of, 159 Same Question not to be again proposed unless previous resolution rescinded, 124, 159 When complicated - may be divided by President, 125 |
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QUESTIONS TO MEMBERS, 98-113 |
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Absence of Member who has given Notice, 113 Answers not to be debated, 110 Explanation of question requires leave, 109 Minister may decline to reply, or may answer unasked question, 111 Notice of - |
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alteration of terms of, 102 consecutive Notices, 106 first business on Notice Paper, 63 given for absent Member, 100 how given, 98 irregular or unbecoming, may be amended by President or expunged from Notice Paper, 104 postponement of, 101 time for giving, 98, 103 |
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Questions called on and not asked or answered, lapse, 112 Questions addressed to President not entered on Notice Paper, 99 Restrictions on putting questions and limitation of explanations concerning, 109 Subject matter of questions, 107 Supplementary questions may be asked arising out of answer to, 108 Time for asking, 67, 63 Without Notice, 67, 69, 107 |
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See also Matters of urgent public importance, 116 |
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QUESTIONS TO WITNESSES - |
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Before Council or any Committee thereof, 436-442 Before Select Committees, 395, 396 |
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QUORUM - |
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In Council - |
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adjournment for want of - |
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at time of meeting, 50 when reported by Tellers or Chairperson of Committees, 53 |
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after notice taken, 54 - Council counted and bells rung, 54 consists of ten Members including President, 50 (see Constitution Act, section 26) Members not to leave Chamber - |
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at time of meeting until Quorum made up, 52 when President counting Council, 55 |
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Members present at time of adjournment for want of Quorum - names to be recorded, 56 resumption of Business interrupted by count out, 76, 374 |
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In Committee - |
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consists of ten Members including Chairperson, 354 Members not to leave Chamber while bells are ringing to make up Quorum, 368 resumption of Business interrupted by count out and adjournment of Council, 374 want of Quorum to be reported by Chairperson - |
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after Division, 369 after notice taken and count taken, 368 |
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In Joint Committees - subject to minimum fixed by each House, may be fixed by Committee, J.S.O. 4 In Select Committees - |
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absence of, at time of meeting or after, 390 consists of three in Committee of five, or as ordered at time of appointment, 386 |
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In Standing Committees - three unless otherwise ordered, 417 |
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QUOTATIONS FROM - |
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Assembly debates of current Session, 188 Documents during debate, 452 Council debates, 189 Newspapers, 189 |
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R |
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RATE - Bills for appropriating any Rate, Tax, Duty or Impost to be specially certified, 277 |
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REASONS - |
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Assigned in case of disagreement to amendments in Bills, 331, 340 Assigned by Assembly in case of disagreement with suggested amendments in Money Bills, 341 Assigned when Casting Vote given by President, 231; Chairperson of Committees, 361 |
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RECOMMENDATION OF GOVERNOR - |
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Assembly Bills and Amendments appropriating Revenue - to be certified by Clerk of Assembly, 277 Amendments in Bills, 342-345 |
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RECOMMENDATIONS FROM CONFERENCES, 260, 338 |
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RECOMMITTAL OF - |
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Bills, 307, 313, 290, 295 Resolutions, 376 |
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RECORDS - |
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Clerk to - |
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have custody of, 31 keep Members’ Roll, 28 keep Minutes of Proceedings, 29, and attendance of Members, 30 keep signed copies of Acts, 350 |
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REFLECTIONS, INJURIOUS - Not permitted on Parliament of State or Commonwealth or Members thereof, the Governor, and the Judges or Courts of Law, except on substantive Motion after Notice and on specific charge, 193 |
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REFLECTIONS ON VOTES OF COUNCIL AND STATUTES - Not permitted except on motion for rescinding or repealing the same, 192, 193 |
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REPEAL OF - |
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Previous Standing Orders, 4 Statutes, 192, 274 |
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REPETITION OF - |
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Certain Summary Motions restricted - |
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adjournment of Council, 59 adjournment of Debate, 195 closure, 127 in Committee - |
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Chairperson do now leave Chair, 371 Question be now put, 371 reporting progress, 371 |
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Speech, 186 Speech, in Committee, 367 |
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REPLY - |
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Allowed to mover of substantive Motion, 176; but may be waived in favour of another, 177 Closes debate, 178 Governor’s Opening Speech, 12 Governor’s Reply to presentation of - |
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Addresses, 241 President, 23 |
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Not allowed on amendment, Previous Question or Instruction 176 |
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REPORTER TO THE COUNCIL - |
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Not to give evidence elsewhere without leave of Council, 444 Not to disclose evidence, 398 To note questions, replies and names of questioners at Select Committees, unless otherwise ordered, 395 |
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REPORTS - |
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Governor’s reply to - |
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presentation of Addresses to be reported, 241 presentation of President to be reported, 23 |
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Of Committees of the Whole Council to be brought up and received without question, 375, and dealt with, 376 Results of Conferences to be reported, 261 Of Select Committees - see 401-412 On Bills - see 306-311 |
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RESCINDING A RESOLUTION - |
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During same Session requires seven days’ Notice and Absolute Majority, 159 Procedure, 159 - see also Reflection on Vote or Statute, 192 To correct irregularities or mistakes requires one day’s Notice, 159 |
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RESOLUTIONS - |
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Definition, 158 May be communicated to Assembly on Motion without Notice, 248 Reflection on, not permitted with exception, 192 Rescission of - |
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in same Session requires seven days’ Notice and Absolute Majority except in cases of error, 159 in cases of error one day’s Notice required, 159 |
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Reported from Committee by Chairperson, 370 - |
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how treated, 376 |
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RESTORED BILLS, 174, 346, 347; J.S.O’s. 14 and 17 |
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RESUMPTION OF INTERRUPTED BUSINESS - |
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Caused by - |
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adjournment of Council, 77 negativing the Closure, 128 Orders of the Day being called on, 70, 71 other proceedings, 76 |
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In Committee, 372-374 |
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RETURNS AND PAPERS - May be presented at any time when other business not before Council, without comment, 450 |
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RETURNS BY RETURNING OFFICER - Petitions against, 90, 95 |
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REVENUE, THE - Bills appropriating, 277, 278 |
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REVIVAL OF - |
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Bills, 281, 346, 282, 341, 174 Committees, 372, 374, 412 Motions, 120 Orders of the Day, 68, 73 |
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ROLL - Members’, how to be kept, 28 |
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ROYAL ASSENT - Bills agreed to by both Houses not assented to or reserved prior to prorogation, J.S.O. 17 |
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ROYAL FAMILY - |
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Addresses to members of - |
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how proposed and signed, 236 how transmitted, 237 |
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Joint Addresses to - how presented, J.S.O. 12 |
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ROYAL PREROGATIVE - |
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Address to Governor necessary for Papers required, involving, 449 |
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RULINGS OF - |
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Chairperson of Committees - Objection to, 360 President, 204 - Objection to, 205 |
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S |
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SAME QUESTION - |
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Not to be again proposed during Session unless previous resolution rescinded, 124, 139 Re Bills - |
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see Amending Act of same Session, 274 |
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SAND-GLASS to be kept on Table and turned by Clerk on Divisions, 222 |
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SCHEDULES TO BILLS - |
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In Committee - |
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consideration - Order of, 290 questions put on, 291, 296 |
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Recommittal on Third Reading for consideration of, 313 Reconsideration, 300 |
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SCHEDULES TO MESSAGES - |
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Of Amendments - |
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agreed to with amendment or further amendment, 332 disagreed to, 331 form of, 339 signed by Clerk, 339 |
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Of Reasons for Disagreement with Amendments - |
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assigned when amendments disagreed to, 331 drawn up by Committee of three nominated Members upon adoption of Report, 340 signed by Clerk, 340 |
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Of Suggested Amendments, 341 |
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SEATS OR PLACES OF MEMBERS - Orders regulating, 44-47 |
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SECONDER OF MOTION - |
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May reserve speech, 179 Not required on Orders of the Day, 154 Not required in Committee, 363 Restrictions on those seconding Motions for - |
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adjournment of Council, 59 adjournment of Debate, 195 closure, 127 |
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SELECT COMMITTEES - See 377-413 and Committees, Select. |
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SENATORS OF COMMONWEALTH PARLIAMENT - |
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Joint Sittings of House for election of, J.S.O. 16 Members admitted without Order to Chamber without Bar, 446 Not to be injuriously reflected upon, 193 |
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SESSIONAL ORDERS - Suspension of, 456-460 |
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SEVEN DAYS’ NOTICE required for - |
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Joint Sittings for election of Senators, J.S.O. 16 Motions to rescind Resolutions except in cases of errors, 159 |
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SIGNATURES ON PETITIONS, 83-87 |
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SIX MONTHS’ AMENDMENT- |
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If carried, Bill cannot be revived, 281 To Second and Third Readings of Bills, not open to amendment, 287 |
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SOVEREIGN - |
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Addresses to, 235; transmission to Governor, 237, 239, 240, 241 Irreverent use of name, or to influence debate, not permitted, 191 Opening Speech by, 15 |
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SPEAKER OF HOUSE OF ASSEMBLY - |
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Joint Addresses - |
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signs and agrees as to mode of presentation, J.S.O’s. 11, 12 originating in Assembly, presented by, J.S.O. 13 |
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Joint Sittings for election of Senator - |
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summoned by, in absence of President, J.S.O. 16 |
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SPEECHES - |
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In Committee not to be referred to in Council except in explanation, 187 Right and manner of, 166-181, 183-184 Subject matter of 185-193; in Committee, 299, 366-367 Time limit on (suspension of Standing Orders), 458 |
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SPEECH OF GOVERNOR, 12, 13 |
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STAGE OF BILL - Definition of term "stage" re lapsed Bills, 347 |
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STANDING COMMITTEES - |
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Appointment of, 11, 414 Orders regulating appointment, powers, and quorum, 414-417 Printing Committee - |
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instruction to, 418 report of, 419 |
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STANDING ORDERS - |
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Applicable to procedures of Joint Committees and to Joint Sittings to elect Senators, J.S.O’s. 9, 16, 31 Committee, 414-417. See also Committees, Standing Disobedience of, 208 Duration of, 461 Private Bills - See Joint Standing Orders on Private Bills Repeal of previous, 4 Suspension of Standing and Sessional Orders - |
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by Motion after Notice by ordinary majority, 456 by Motion without Notice by Absolute Majority in cases of urgent necessity, 457 discussion on motion for, limited, 458 mover of Motion for suspension limited to five minutes, 458 not to be moved after Orders of the Day called on except to expedite business, 460 operation of suspension limited to special object and to day’s sitting, 459 |
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Suspension not permitted in respect of Standing Orders concerning - |
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Constitution Bills requiring Absolute Majority on Second and Third Readings, 282 Same Question, 124 six months’ postponement of Second or Third Readings of Bills, 281 |
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STATE POLICY - overrules question of Member’s personal interest, 225 |
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STATUTES not to be reflected upon: exception; 192 |
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STRANGERS - |
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Admitted only by President within or without the Bar, 445 If disorderly may be arrested and punished, 216, 217 If Member takes Notice, question "That strangers be ordered to withdraw" must be put, 447 Members of House of Assembly or of Commonwealth Parliament may enter without the Bar without an order, 446 President or Chairperson may order strangers to withdraw, 447 Withdrawal of, may be ordered by President or Chairperson, 447 Select Committees may admit or exclude, 396 |
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SUGGESTIONS IN MONEY BILLS - |
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Originating in Assembly, procedure, 341 Originating in Council, 278; no question to be put in Committee, 298 |
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SUMMARY MOTIONS - |
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Adjournment of Council, 59 Adjournment of Debate, 195 Closure, 127, 128 In Committee - |
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that Chairperson do now leave the Chair, 371 that Chairperson report progress, 371 that Question be now put, 371 |
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SUPERSEDING OF QUESTIONS - |
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By adjournment of Council, Previous Question and by amendment, 122 Of Proceedings of Committee of the Whole, 372 |
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SUSPENSION OF BUSINESS - |
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During Conference, 254 On questions of Order and Privilege, 201 When Message received from Governor, 242 |
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See resumption, 76 |
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SUSPENSION OF MEMBER - |
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For disobedience of Order of Council, 215 For disorderly conduct in Council, 210-212 |
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SUSPENSION OF QUESTIONS - By Points of Order or Privilege, 201 |
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SUSPENSION OF SITTINGS - |
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Half-past Six O’Clock Rule, 60 Minister may move at any time, 61 President may suspend sitting in cases of very grave disorder, 213 |
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SUSPENSION OF STANDING ORDERS AND SESSIONAL ORDERS, 456-460 |
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Standing Orders 124, 281, 282 may not be suspended |
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SWORN - New members to be, 9 |
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TABLE, THE - |
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Documents quoted in debate ordered to be laid upon, 452 Governor’s Speech laid on by President, 12 Members may speak from, 167 Papers may be laid on, without comment, 450 Reports of Select Committees to lie upon, 409 Sand-glass to be kept on, 222 Writs to be laid on, 9 |
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TABLING DOCUMENTS QUOTED IN DEBATE, 452 |
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TAXATION - Clauses in Council Bills dealing with, 278 |
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TAX, RATE, DUTY OR IMPOST - Bills for appropriating to be specially certified by Clerk of the Assembly, 277 |
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TEDIOUS REPETITION OF SPEECH, 186, 367 |
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TELLERS - |
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Appointed by President on Division, 223 Make out and sign L, 227 |
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TEN MINUTES - Allowed to form Quorum, 50 |
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THANKS - Vote of, may be moved without Notice by Minister, 118 |
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TIE - |
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Chairperson gives Casting Voice, 361 In election of President, Clerk determined by lot, 20 In other elections by ballot, President determines by lot, 234 President gives Casting Voice, 231 Select Committee Chairperson has Casting Voice, 389 |
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TIME LIMIT TO SPEECHES - Five minutes on Suspension of Standing or Sessional Orders, 458 |
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TITLE OF BILL - |
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Any amendment to (in Committee) to be specially reported, 293 Clauses to come within, 272 Instructions must be relevant to, 422 May be amended after Third Reading, 315 Reading of, when Bill ordered to be read, 280 To be amended to accord with amendments in Bill, 293, 315 To be specified in Motion for leave to introduce Bill, 269 To coincide with Order of Leave when Bill presented, 272 |
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TRANSLATION - Petitions to be in English or have English translation, 82 |
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TUESDAY AND THURSDAY SITTINGS - |
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Appointed, 48 Precedence to Government Business at: qualification, 64 |
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TWICE - |
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No Member to speak twice, with certain exceptions, 174 Same Member not to move certain Motions twice, 59, 127 |
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TWO NOTICES - Not to be given consecutively by same Member if another Member has one to give, 106
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UNANIMOUS - |
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Leave of Council, 3 Member may obtain leave to conclude speech with unanimous pleasure of Council, 197 |
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UNBECOMING NOTICES amended or expunged, 104 |
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UNCOVERED - Members to be when - |
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Entering, leaving or moving about Chamber, 163 Governor’s Message is read, 243 Speaking, 167, 168 |
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UNOPPOSED BUSINESS - |
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Entertained before Adoption of Address in Reply, 14 Priority of, on Notice Paper, 64 |
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URGENCY - |
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Addresses, 235 Debates without notice - |
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evidenced by three Members rising in places, 116 in lieu of Questions without Notice, 116 limited to one hour’s duration unless otherwise ordered, 116 |
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Petitions, 95 Suspension of Standing Orders, 457 |
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URGENT MATTER OF PUBLIC IMPORTANCE - Order regulating Motion concerning, 116
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VACANCY IN OFFICE OF PRESIDENT - |
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During Recess, 10 During Session, 26 |
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VOICES - |
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To be given, "Aye" or "No", 129 When equal - |
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Casting Voice to be given by - |
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Chairperson of Committees, 361 Chairperson of Select Committee, 389 President, 231 |
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in Joint Committee, Chairperson has Deliberative but no Casting Voice, J.S.O. 6 |
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See also Leave of Council, 3; unanimous pleasure, 197 |
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VOTES DISALLOWED BY - |
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Committees, 362, 379 (personal interest) Council, 225 (personal interest) President, 226 (if not present within Bar when Question put) |
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VOTE OF COUNCIL - Reflections on, not permitted with an exception, 192 |
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VOTE OF THANKS may be moved by Minister without Notice, 118 |
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VOTING - |
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Ballot - |
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election of President, 18-20 for Conference Managers, if demanded, 253 for Select Committees, if demanded, 377, 381 for Standing Committees, if demanded, 415 not to be interrupted, 60, 69 |
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Divisions, 219-232 Tie in - |
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on election of President, determined by lot by Clerk, 20 other elections, determined by lot by President, 234 |
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Voices to be given Aye or No, 129 When equal - |
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in Committee of Whole, Chairperson has Casting Voice, 361 in Council, President has Casting Voice, 231 in Select Committees, Chairperson has Casting Voice, 389 in Joint Committees, Question passes in negative, J.S.O’s. 6 and 24 |
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WARRANT OF PRESIDENT - |
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Witnesses failing to obey, 432 Witnesses in custody, 435 |
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WASTE LANDS - Bills granting to persons or bodies, 268 |
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WEDNESDAY SITTINGS - |
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Appointed, 48 Precedence to Private Business at, 64, 70 |
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WITHDRAWAL OF - |
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Amendments, by leave, 140 Bills, irregular, 276 Divisions, calls for, 221 Members of Council - in cases of suspension and charge, 212, 214 Motions, 123, 120 Objectionable and Offensive Words, 208 Previous Question, 152 Strangers, 216, 447 Witnesses, 441 Words, 208 |
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WITNESSES - |
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Before Committee of Whole, any Member may put questions directly to, 440 Before Council, examined by President, 439 Examination on Oath not permitted except when provided by law, 436 How summoned, 429-432 Judges examined within the Bar, 443 Members - |
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examined in place, 442 not to give evidence without special permission of Council, 444 required as, by other House by Message, 433, 434 |
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Neglect to obey summons, 432 Officers - |
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not to give evidence without special permission of Council, 444 required as, by other House, 433, 434 |
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Payment of, by Select Committees, 413 Procedure before Council or Committee of Whole, 438, 442 Procedure before Select Committees, 395, 396 Protection of, 437 When in Prison, 435 Withdraw if Question objected to, or other matter arise, 441 |
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WORDS - |
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Enacting - of Bills, not put to Committee except under Instruction, 292 Objectionable or Offensive - |
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if taken down, Member refusing to explain or withdraw and apologise, named by President, 208 in Committee - reported by Chairperson to President, 359 use of, highly disorderly, 193 |
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WRITS to be laid on the Table, 9 |
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WRITING - Definition, 3 |
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