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You are here: PacLII >> Databases>>Papua New Guinea Parliamentary Standing Orders
Corrected: 20.06.02
STANDING ORDERS
OF THE
NATIONAL PARLIAMENT
(Revised as at 27 March 2002)
Being the standing orders adopted on 20 August 1975 by the National Constituent Assembly, as amended on:
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- 3 August 1987 (re-numbered and Adopted Revised Law Edition), |
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- 11 July 1988, |
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- 12 July 1988, |
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- 17 July 1988, |
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- 30 August 1988, |
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- 7 September 1988, |
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- 14 November 1989, |
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- 25 September 1977, and |
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- 27 March 2002 |
Amendments to Standing Orders from and including 27 March 2002 indicated by footnote -
Am - Date agreed to by Parliament.
Ins - Date new Standing Order inserted
Om - Date Standing Order omitted.
Op - Date of Operation.
NATIONAL PARLIAMENT
STANDING ORDERS
ARRANGEMENT OF SECTIONS
1. The Constitution.
2. Interpretation -
"the Chairman"
"the Clerk"
"the Governor-General"
"member"
"meeting"
"minister"
"Mr.Speaker"
"the National Gazette"
"Order of the Day"
"the Parliament"
"the precincts of the Parliament"
"Session"
"simple majority"
"Sitting"
"the Speaker".
3. Vacancy in office of the Clerk.
PART II. - PROCEEDINGS ON THE MEETING OF A NEW PARLIAMENT
4. Swearing-in of Members.
5. Election of Speaker.
6. Adjournment of the Parliament before election of Prime Minister.
7. Election of Prime Minister.
8. Governor-General's address.
9. Address-in-reply.
10. Presentation of Address.
11. Meeting for a new Session after prorogation.
PART III. - SPEAKER, DEPUTY SPEAKER AND ASSISTANT SPEAKERS
12. Vacancy in Speakership.
13. Election of Deputy Speaker.
14. Appointment of Assistant Speakers.
15. Absence of Speaker.
16. Absence of Speaker and Deputy Speaker.
17. Relief of Speaker.
18. Chairman of Committees of the whole Parliament.
PART IV. - PERMANENT PARLIAMENTARY COMMITTEES
19. Standing Orders Committee.
20. Committee of Privileges.
21. National Parliament Committee.
22. Private Business Committee.
23. Quorum of Permanent Parliamentary Committees.
24. Subordinate Legislation Committee.
24A. Parliamentary Legislation Committee.
24B. Parliamentary Committee on Appointments.
24C. Constitutional Laws and Acts.
24D. Economic Affairs Committee.
24E. Foreign Affairs and Defence Committee.
24F. Law and Order Committee.
25. Other committees.
PART VI. - ROLL, PLACES OF MEMBERS, LEAVE OF ABSENCE, MINUTES OF PROCEEDINGS AND RECORDS
26. Members' roll to be kept by the Clerk.
27. Record of attendance.
28. Seats.
29. Leave of absence.
30. Minutes of proceedings of the Parliament.
31. Custody of records.
32. Notice Paper.
PART VII. - SITTING, QUORUM AND ADJOURNMENT OF THE PARLIAMENT
33. Day and hour of meeting.
34. Prayers.
35. Quorum.
36. Want of quorum before prayers.
37. Want of quorum during Sitting.
38. Want of quorum of Committee of the whole Parliament.
39. Want of quorum during vote.
40. Attention called to want of quorum.
42. Manner of adjournment.
43. Adjournment of Parliament.
44. Daily Adjournment.
45. Adjournment of the Parliament after discussion of matter of public importance.
46. Adjournment on last day of meeting.
47. Motion to fix next meeting.
PART VIII. - MAINTENANCE OF ORDER
Division 1. - Order
48. Maintenance of order by Speaker and Chairman.
49. Speaker rising.
50. Speaker putting question.
51. Interruption of Member speaking.
52. Obeisance to Chair.
53. Members passing through the Parliament.
54. Members taking their places.
55. Interference to avoid quarrels.
Division 2. - Disorder
56. Offences in the Parliament.
57. Offences in committee.
58. Proceedings on report of offence.
59. Duration of suspension.
60. Exclusion of suspended Member from Chamber.
61. Grave disorder.
Division 1. - Manner and Right of Speech
62. Members address Speaker standing.
63. Indulgence to Members unable to stand.
64. Call to speak.
65. When Member may speak.
66. Ministerial statements.
67. Statement by Leader of the Opposition.
68. Personal explanations.
69. Member not to speak twice.
70. Explanations.
71. Right of reply.
72. Reply closes debate.
73. Speaking after question put.
74. Member not speaking when seconding motion, etc., may speak later.
75. Allusion to previous debate or proceedings.
76. Reflection upon vote of the Parliament.
77. Use of offensive words against the Queen, Governor-General, Members of the Parliament or judiciary.
78. Offensive words.
79. Personal reflections.
80. Intervention by Speaker.
81. Speaker to determine whether words offensive, etc.
82. Debate confined to present question.
83. Anticipating discussion.
84. Question may be required to be read.
85. Interruptions.
86. Irrelevance or tedious repetition.
Division 2. - Matters Not Open to Debate
87. Matters not open to debate.
Division 3. - Adjournment of Debate
88. Adjournment of debate.
89. Call of Member moving adjournment.
90. Right to speak when motion negatived.
Division 4. - Time Limits for Speeches and Debates
91. Time limits.
92. Extension of time.
Division 5. - Closure
93. Closure of question.
Division 6. - Point of Order and Speaker's Rulings
94. Point of order.
95. Proceedings on question of order.
96. Objection to ruling of Speaker.
97. Matter of privilege suddenly arising.
98. Reference to complaint of Committee of Privileges.
99. Privilege raised in Committee of the Whole.
100. Precedence to matter of privilege.
101. Complaint against newspaper, book, etc.
102. Proceedings for offence against Parliamentary Powers and Privileges Act.
Division 1. - Routine and Order of Business
103. Routine of business.
104. Presentation of reports and papers.
105. Precedence of Government business.
106. Determination of order of business.
107. Order of business advised to Speaker and Clerk.
Division 2. - Grievance Debate
108. Grievance Debate.
Division 3. - Matter of Public Importance
109. Proposal to discuss matter of public importance.
110. Motion to conclude discussion.
111. Priority.
Division 4. - Leave of the Parliament or a Committee
112. Leave.
113. Lodging petitions.
114. Clerk's certificate.
115. Time for presenting certain petitions.
116. Receipt of petitions.
117. General requirements as to form.
118. Writing of signatures.
119. Petitions of corporations.
120. Attachment of documents.
121. References to debates.
122. Petitions must be respectful.
123. Presentation by a Member.
124. Members to affix their names.
125. Standing Orders to be observed.
126. Statement on presentation.
127. Discussion on presentation.
128. Questions on presentation of petitions.
PART XIII. - NOTICES OF MOTION
129. Government notices of motion.
130. Private notices of motion.
131. Reporting of notices.
132. Order of notices.
133. Dividing of notices.
134. Amendment of unbecoming notice.
135. Alteration of terms of notice.
136. Withdrawal of notice.
137. Withdrawal of private business notice after three meetings.
138. Operation of notices.
PART XIV. - QUESTIONS SEEKING INFORMATION
Division 1. - General rules for Questions and Answers
139. Questions to Minister.
140. Questions to other Members.
141. Rules for questions.
142. Alteration of question.
143. Questions regarding persons.
144. Answers.
145. Renewal of question.
Division 2. - Questions Without Notice
146. Questions without notice.
147. Questions to Speaker.
Division 3. - Questions on Notice
148. Notice of question.
149. Question paper.
150. Replies to questions.
PART XV. - MOTIONS, QUESTIONS, VOTES AND RESOLUTIONS
151. Requirement of notice.
152. Precedence of motion.
153. Motions not called on.
154. Precedence to vote of thanks or of condolence.
155. Member absent when motion called on.
156. Member failing to move.
157. Motion not seconded.
158. Restrictions on withdrawal of motions.
159. Anticipation of business.
160. Motions withdrawn again moved.
161. Question put.
162. Division of complicated question.
163. Question determined by majority of voices.
164. Statement of result.
165. Renewal of motion, etc.
166. Forms of amendments.
167. Amendments in writing.
168. Relevance of amendment.
169. Amendments must be seconded.
170. Inconsistent amendments.
171. Amendment of earlier part.
172. Order of amendments.
173. Withdrawal of proposed amendment.
174. Amendments to proposed amendments.
175. Proposal of question as amended.
176. Amendments moved but not made.
PART XVII. - ORDERS OF THE DAY
177. Precedence of Orders of the Day.
178. Orders of the Day not called on.
179. Discharge of Order.
180. Method of voting.
181. When vote not taken.
182. Member calling for vote.
183. Closing of doors.
184. Taking of vote.
185. Declaration of result of vote.
186. Vote to be entered in the Minutes.
187. Members present when question stated.
188. Confusion or error in counting.
189. Correction of mistakes in Minutes.
190. Entry of Speaker's reasons for casting vote.
Division 1. - Initiation
191. Initiation and notice of intention.
Division 2. - Bills generally
192. Presentation of fair copy.
193. Scope of title and clauses.
194. Withdrawal of irregular Bill.
195. Stages of passing a Bill.
196. Readings.
Division 3. - Presentation and First Reading
197. Tabling of copy of Bill.
198. First reading.
Division 4 - Second reading
199. Second Reading.
200. Second Reading.
201. Questions on Second Reading.
202. Negativing of Second Reading.
Division 5 - Proceedings Following Second Reading
203. Proceedings following Second Reading.
204. Restriction on reference to committee.
205. Bill referred to Committee.
Division 6. - Proceedings in Committee of the Whole
206. Order of consideration of Bill.
207. Postponement of title and preamble.
208. Admissible amendments.
209. Relevancy of discussion.
210. Putting clause as amended.
211. Postponement of clause.
212. Amendment of title.
213. Amendment inadmissible if contrary to previous decision of same Committee.
Division 7. - Report, Recommittal and Adoption
214. Report of Bill.
215. Recommittal of Bill.
216. Notice of proceedings in committee.
Division 8. - Third Reading, Passing, etc.
217. Motion for Third Reading.
218. Negativing Third Reading.
219. Passing of Bill.
220. Verbal or formal amendments.
Division 9. - Certification as to Making of Laws
221. Certification under National Seal.
222. Amendments proposed by Governor-General.
PART XIXA. - CONSTITUTIONAL LAWS
222A. Presentation of Proposed Law.
222B. First required opportunity for debate.
222C. Committee Stage.
222D. First Vote.
222E. Adjournment for second required opportunity for debate.
222F. Second required opportunity for debate.
222G. Second Vote.
PART XX. - COMMITTEE OF THE WHOLE PARLIAMENT
223. Appointment of Committee.
224. Resolution into Committee.
225. Chairman of Committee.
226. Subjects of Committee consideration.
227. Decisions in Committee.
228. Votes in Committee.
229. Contradictory motions.
230. Seconding of motions.
231. Order in debate.
232. Resumption of Chair when disorder arises.
233. Adjournment of Committee of the Whole Parliament.
234. Motion to report progress.
235. Report when all matters considered.
236. Resolutions of Committee.
PART XXI. - FINANCIAL PROCEDURES
237. Supply and Appropriation Bills and taxation proposals.
238. Messages from the Governor-General.
239. Initiation of taxation proposals.
240. Appropriation messages from the Governor-General.
241. Admission of strangers.
242. Withdrawal of strangers.
243. Admission of strangers into body of Chamber.
PART XXIII. - PAPER AND DOCUMENTS
244. Presentation of papers.
245. Quotations of documents.
246. Motions after paper presented.
PART XXIV. - SELECT COMMITTEES
247. Appointment.
248. Change of membership.
249. Speaker and Deputy Speaker.
250. Interested Members.
251. Bringing-up of report.
252. Quorum in committees.
253. Lack of quorum at time of meeting.
254. First meeting.
255. Chairman.
256. Record of votes and proceedings.
257. Adjournment and sitting of committees.
258. Power to send for persons, papers, etc.
259. Summoning of witnesses.
260. Examination of witnesses.
261. Admission of strangers.
262. Admission of other Members.
263. Disclosure of evidence.
264. Progress reports.
265. Chairman to prepare report.
266. Consideration of draft report.
267. Alternative draft report.
268. Reconsideration.
269. Signature of report, etc.
270. Presentation of report and minutes.
271. Consideration of report.
272. Payment of certain witnesses before committee.
273. Summoning of witnesses.
274. Witnesses failing to attend, etc.
275. Refusal of Member to attend select committees.
276. Charges against Member.
277. Protection of witnesses.
278. Examination of witnesses.
279. Withdrawal of witness if question objected to, etc.
280. Giving of evidence of examinations, etc.
PART XXVI. - SUSPENSION OF STANDING ORDERS
281. Motion for suspension without notice.
282. Motion for suspension on notice.
283. Limitation of suspension.
284. Procedures, etc., where not provided for.
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Election of Speaker. |
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Election of Deputy Speaker. |
MADE under Section 133 of the Constitution.
PRAYERS
English
O God the Creator, you are the ruler of the world and of this country. Our country, our people, our Parliament belongs to you. Grant that we the Members of our country's Parliament may fulfil our office with honesty and integrity. May our first concern be for the good of all our people. Guide our deliberations this day; bless our decisions, so that Your divine design for our beloved country may be realised through us.
Pisin
O God, you wokim olgeta samting istap long Heven na graun. Yu istap king bilong olgeta hap graun, na yu istap king bilong dispela kantri tu. Kantri bilong mipela, na pipol bilong mipela, na palamen bilong mipela tu, ibilong yu. Helpim mipela ol memba bilong palamen bilong dispela kantri bilong mipela iken mekim ol wok istap long han bilong mipela wantaim bel tru na stret. Na nambawan samting em yu helpim mipela itingim ol pipol bilong mipela na long helpim ol long istap gut. Stiaim tingting na toktok bilong mipela long dispela de; na givim blesing bilong yu long olgeta toktok olsem bai tingting bilong yu long dispela gutpela kantri iken kamap klia long mipela na ol pipol iken bihainim tingting bilong yu.
Hiri Motu
Gau ibodiai ikaradia diravana e, oi na tanobada idoinai lohiana bona ina tano lohiana danu. Emai tano, emai taunimanima, emai palamen na oiemu. Ai emai palamen memba mai iboumaiai ba durumai, bena emai gaukara baia karadia mai momokanimai bona mai maoromaoro mai ida. Emai ura hereana be, emai taunimanima iboudiai edia namo baia laloa bada. Hari dinai, emai lalo hadai ba hakaudia bona emai gwauisi ba hanamodia, bena oiemu lalohadai hereadaena ai emai lalokau tanona ai anidia do bae vara ai imamai ai.
The Lord's Prayer
Our Father, which art in Heaven; Hallowed be thy Name. Thy Kingdom come. Thy will be done on 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.
The Constitution.
1. These Standing Orders are subject to the provisions of the Constitution of the Independent State of Papua New Guinea, and except as otherwise provided by these Standing Orders words and phrases used in these Standing Orders have the same meaning as in the Constitution.
Interpretation.
2. In these Standing Orders, unless the context otherwise requires or some other meaning is clearly indicated -
"the Chairman" means the person presiding over a Committee of the whole
Parliament;
"the Clerk" means the Clerk of the National Parliament, or if he is absent, the Deputy Clerk, or should the latter also be absent, the First Clerk Assistant;
"the Governor-General" means the person holding office as Governor-General under Division V.3 (appointment, etc., Of Governor-General) of the Constitution;
"member" means a Member of the National Parliament;
"meeting" means the period between the date of commencement of the business of the Parliament and the last day when such business is completed;
"minister" means a Minister appointed under Division VI.4 (the National Executive) of the Constitution;
"Mr Speaker" means the Speaker of the National Parliament elected under Section 5 of the Standing Orders;
"the National Gazette" means the official journal of the National Government established by Section 252 (the National Gazette) of the Constitution;
"Order of the Day" means a bill or other matter which the Parliament has partly considered and ordered to be further considered at a future time;
"the Parliament" means the National Parliament established under Division VI.2 (the National Parliament) of the Constitution;
"the precincts of the Parliament" has the meaning given to that expression by the Parliamentary Powers and Privileges Act (Chapter 24);
"Session" means the time between the first meeting of a Parliament after a General Election and its dissolution, prorogation or exfluxion of time;
"simple majority" means a majority of more than half of the members present and voting;
"Sitting" means the period during which the Parliament is sitting without adjournment, and includes any period during which it is in Committee of the whole Parliament;
"the Speaker" means the Speaker of the National Parliament, and includes a person presiding at a sitting of the Parliament in accordance with the provisions of Part HI.
Vacancy in office of the Clerk.
3. During any vacancy in the office of Clerk all powers, functions and duties of the Clerk shall be exercised and performed by the Deputy Clerk, or should the latter also be absent, the First Clerk Assistant.
PART II. - PROCEEDINGS ON THE MEETING OF A NEW PARLIAMENT
Swearing-in of Members.
4. (1) On the first day of the meeting of the Parliament for the dispatch of business after a general election, Members will assemble in the Chamber at the appointed time.
(2) The Clerk shall read the National Gazette notification calling the Parliament together and the notification appointing the representative of the Governor-General to administer the Declaration of Office and Declaration of Loyalty.
(3) A writ or copy-writ of election of each elected Member shall be laid on the Table by the Clerk, and the Members shall make the Declarations of Office and Declarations of Loyalty, as prescribed in the Constitution.
Election of Speaker.
5. (1) The Parliament shall then elect one of its Members to be the Speaker.
(2) When more than one Member is proposed and seconded as Speaker, the Clerk acting as Chairman of the Parliament shall conduct an election by exhaustive secret ballot in accordance with the procedure in Schedule 1.
(3) Upon the election of Mr Speaker, the Parliament will be suspended whilst Mr Speaker presents himself to the Governor-General and is sworn into office.
(4) Mr Speaker having reported that fact to the Parliament, the Parliament will proceed to elect a Prime Minister, or be adjourned, in accordance with Standing Order(s) 6.
Adjournment of the Parliament before election of Prime Minister.
6. The Parliament may be adjourned, if the Parliament so resolves, for up to three sitting days at a time before a motion for the election of a Prime Minister is moved.
Election of Prime Minister following invitation by the Governor-General.
7.[1] (1) After a general election, the Prime Minister shall be elected by motion duly moved and seconded without notice in accordance with this Section.
(2) Where one or more political parties have been invited by the Governor-General to form the Government, the Speaker shall call for and accept a nomination or nominations, duly moved and seconded, only from the invited political party or parties.
(3) Where two or more parties are invited to form the government and one party declines or fails to nominate a candidate, the Speaker shall call on the other parties to nominate a candidate for election as Prime Minister.
(4) Each Member nominated shall inform the Parliament whether he accepts the nomination.
(5) A nomination that is not seconded is not a valid nomination.
(6) Where a candidate referred to under Subsection (2) declines his nomination as a candidate for election as Prime Minister, the Speaker shall call on the party whose candidate has declined nomination, to nominate another candidate for election as Prime Minister, if it so desires.
(7) In the case of one nomination, Members shall vote by dividing and moving to positions indicated by the Speaker.
(8) In the case of two nominations, Members shall vote by dividing and moving to positions indicated by the Speaker.
(9) In the case of three nominations, Members shall vote by dividing and moving to positions indicated by the Speaker.
(10) If no member receives a majority of the votes cast under Subsection (9), a process of eliminating the member with the smallest number of votes shall be conducted by members dividing and moving to positions indicated by the Speaker.
(11) If a Member receives a simple majority of the votes cast, he shall be declared elected.
(12) The provisions of Section 7A shall apply -
(a) if a Member or Members nominated do not receive a simple majority of the votes cast; or
(b) where a political party or political parties referred to in Subsection (2) fails or declines to nominate a candidate for election as the Prime Minister
(13) The Speaker has -
(a) where only one member is nominated, a deliberative vote but no casting vote; or
(b) where more than one Member is nominated, a casting vote but no deliberative vote.
(14) In each case referred to under Subsections (7), (8) or (9), the Clerk shall record the vote in the Minutes of Proceedings.
(15) The Prime Minister after having been sworn into office shall inform the Parliament of the time the Governor-General will address the Parliament, and the Parliament may then suspend or adjourn its sitting until that time when it shall again attend and await the arrival of the Governor-General.
Election of Prime Minister after invited Party fails to form Government.
7A.[2] (1) After a general election, where the Prime Minister is not elected in accordance with Section 7, the Prime Minister shall be elected by motion duly moved and seconded without notice in accordance with this Section.
(2) The Speaker shall call for and accept nominations, duly moved and seconded.
(3) A party that nominated a Member under Section 7, may nominate a candidate under this Section.
(4) A Member nominated under Section 7, may be nominated under this Section.
(5) Each member nominated shall inform the Parliament whether he accepts the nomination.
(6) A nomination that is not seconded is not a valid nomination.
(7) In the case of one nomination, Members shall vote by dividing and moving to positions indicated by the Speaker.
(8) In the case of two nominations, Members shall vote by dividing and moving to positions indicated by the Speaker.
(9) In the case of three or more nominations, Members shall vote by dividing and moving to positions indicated by the Speaker.
(10) In the case of three or more nominations, if no Member receives a majority of the votes cast, a process of eliminating the Member with the smallest number of votes shall be conducted by Members dividing and moving to positions indicated by the Speaker.
(11) If a Member nominated in accordance with this Section receives a majority of the votes cast, he shall be declared elected.
(12) In the case of equality of votes, the Speaker who has no deliberative vote, has a casting vote.
(13) In each case, the Clerk shall record the vote in the Minutes of Proceedings.
(14) The Prime Minister, after having been sworn into office, shall inform the Parliament of the time the Governor-General will address the Parliament and the Parliament may then suspend or adjourn its sitting until that time, when it shall again attend and await the arrival of the Governor-General.
Election of the Prime Minister at other times.
7B.[3] (1) Where there is a vacancy in the office of the Prime Minister at any other time, other than after a general election, the Prime Minister shall be elected in accordance with the provisions of Section 7A.
(2) Section 7A(14) shall not apply to this section.
Governor-General's address.
8. The Governor-General will address the Parliament and declare the causes of his calling the Parliament together, and will then withdraw from the Chamber.
Address-in-reply.
9. After the Governor-General's speech, a motion for an address-in-reply shall be made and seconded.
Presentation of Address.
10. The Address as agreed to by the Parliament shall be presented to the Governor-General by the Speaker, accompanied by any Member who wishes to attend, and the Speaker shall report to the Parliament the Governor-General's reply to their Address.
Meeting for a new Session after prorogation.
11. On the first day of the meeting of a new Parliament for the dispatch of business (not being the next after a general election), when Members of the Parliament have met at the appointed time the Clerk shall read the National Gazette notification, and after the Speaker reads Prayers the Parliament shall await the arrival of the Governor-General.
PART III. - SPERKER, DEPUTY SPEAKER AND ASSISTANT SPEAKERS
Vacancy in Speakership.
12. When a vacancy has occurred in the office of Speaker, the Clerk shall report the fact to the Parliament at its next Sitting, and the Parliament shall either forthwith, or at its next Sitting, proceed to the election of a new Speaker in the manner set out in Standing Order 5.
Election of Deputy Speaker.
13. (1) At the commencement of each Parliament, or whenever the Office becomes vacant, a Member shall be appointed by the Parliament to be the Deputy Speaker.
(2) When more than one motion for the appointment of Deputy Speaker is moved and seconded, the Speaker shall conduct a secret ballot in accordance with the procedure in Schedule 2.
Appointment of Assistant Speakers.
14. (1) The Parliament shall appoint at the commencement of each Parliament not less than four Members as Assistant Speakers.
(2) Assistant Speakers have seniority in the order in which they are appointed.
Absence of Speaker.
15. Whenever the Parliament is informed by the Clerk of the absence of Mr Speaker or that Mr Speaker is for any reason unable to act, the Deputy Speaker, as Acting Speaker, shall perform the duties of the Speaker during the absence or inability.
Absence of Speaker and Deputy Speaker.
16. Whenever the Parliament is informed by the Clerk of the absence of both Mr Speaker and the Deputy Speaker, the Senior Assistant Speaker present shall, subject to any other order of the Parliament, perform the duties of the Speaker during the absence.
Relief of Speaker.
17. (1) The Deputy Speaker shall take the Chair whenever requested to do so by Mr Speaker during a Sitting of the Parliament, without any formal communication to the Parliament.
(2) Mr Speaker, if the Deputy Speaker be absent, or the Deputy Speaker, may call on any one of the Assistant Speakers to take the Chair.
Chairman of Committees of the whole Parliament.
18. (1) The Deputy Speaker is Chairman of Committees, and shall preside over all Committees of the whole Parliament.
(2) If the Deputy Speaker is absent, or if the Deputy Speaker thinks that it is desirable that he should take part in any proceedings in committee otherwise than as the person presiding, Mr Speaker may, and otherwise an Assistant Speaker shall, take the Chair in his place.
PART IV. - PERMANENT PARLIAMENTARY COMMITTEES
Standing Orders Committee.
19. (1) A Standing Orders Committee, to consist of Mr Speaker, the Deputy Speaker and seven other Members, shall be appointed at the commencement of each Parliament.
(2) The functions of the Committee is to consider whether the rules of procedures set out in the Standing Orders serve the best interests of the Parliament and its Members, and what amendments (if any) are desirable, and to make reports and recommendations to the Parliament.
(3) The Committee has power to act during recess.
Committee of Privileges.
20. (1) A Committee of Privileges, to consist of five Members, shall be appointed at the commencement of each Parliament or at such other time as the Parliament decides.
(2) The functions of the Committee are to inquire into and report on complaints of breach of privilege referred to it by the Speaker or by the Parliament.
National Parliament Committee.
21. (1) A National Parliament Committee, to consist of Mr Speaker and four other Members, shall be appointed at the commencement of each Parliament.
(2) The functions of the Committee is to advise Mr Speaker on the administration of the National Parliament buildings and precincts, and its services and facilities (including the library provided for Members and strangers).
(3) The Committee has power to act during recess.
Private Business Committee.
22. (1) A Private Business Committee shall be appointed at the commencement of each Parliament.
(2) The Committee shall consist of Mr Speaker, the Deputy Speaker and five other elected Members (who shall not be Ministers).
(3) The functions of the Committee are -
(a)[4] to meet on each Wednesday during meetings of the Parliament to examine all notices of motion submitted to the Committee under S.O. 130, and to determine whether the terms of the motion are of a parochial nature or of a matter of national importance; and
(b) on determining that a notice is of national importance, to deliver a copy of the notice to the Clerk for reporting to the Parliament; and
(c) on determining that a notice is of a parochial nature, to return the notice to the Member proposing the motion with a recommendation -
(i) that the Member consult with the Minister or authority concerned; or
(ii) that the Member places a question relating to the subject matter on the Question Paper; or
(iii) that the Member may otherwise achieve more quickly and effectively the action sought by him; and
(d) to determine the order in which notices and Orders of the Day on the Notice Paper shall be considered on Sitting days when private business has precedence.
(4) Should a quorum of Members of the Committee not be available before 1.45 p.m., the functions and duties of the Committee under Subsection (3)(a), (b) and (c) shall be carried out by Mr Speaker.
Quorum of Permanent Parliamentary Committees.
23.[5] The quorum for a meeting of a Permanent Parliamentary Committee established under Standing Orders 19, 20, 21 and 22 is three.
Subordinate Legislation Committee.
24. (1) A Subordinate Legislation Committee shall be appointed at the commencement of each Parliament.
(2) The Committee shall consist of eight Members.
(3) All regulations, rules, by-laws and orders made or given under an Act and laid on the Table of the Parliament stand referred to the Committee for consideration and, if necessary, report, but any necessary action arising from a report of the Committee shall be taken in the Parliament on motion after notice.
(4) The Committee has power to send for persons, papers and records, and to act during recess.
(5) The quorum for a meeting of the Committee is three.
Parliamentary Legislation Committee.
24A.[6] (1) A Parliamentary Legislation Committee shall be established at the commencement of each Parliament.
(2) The Committee shall consist of the Speaker who shall be Chairman, three Members nominated by the Prime Minister and three Members nominated by the Leader of the Opposition.
(3) The functions of the Committee are -
(a) to initiate and introduce legislation to Parliament; and
(b) upon request of a Member, to assist in the preparation of a Private Member's Bill; and
(c) to review existing legislation; and
(d) to consider and report on any proposed legislation referred to it by Parliament.
(4) The Committee has power to send for persons, papers and records and to act during recess.
(5) The quorum for a meeting of the Committee is five.
Parliamentary Appointments Committee.
24B.[7] (1) The Parliamentary Appointments Committee shall be established at the commencement of each Parliament.
(2) The Committee shall consist of seven Members.
(3) The Committee has responsibility concerning appointments to offices (including officers as members of committees and commissions) and the creation of offices and other act or thing provided for or required by the Constitutional Laws and Acts of Parliament to be made or done in consultation with the appropriate permanent parliamentary committee.
(4) The Committee has power to send for persons, papers and records,
and to act during recess.
(5) The quorum for a meeting of the Committee is three.
Constitutional Laws and Acts.
24C.[8] (1) A Constitutional Laws and Acts Committee shall be established at the commencement of each Parliament.
(2) The Committee shall consist of seven Members.
(3) The functions of the Committee are to have general responsibility concerning the Constitution, matters not specifically within the functions of other committees, and in particular responsibility concerning proposed laws to alter the Constitution or Organic Laws, and Acts required to be made, or required to be made in a prescribed manner, by the Constitution.
(4) The Committee shall consider and report to the Parliament of any proposed constitutional law, and any constitutional matter referred to it by Parliament, before there is any opportunity for debate on the proposed law or matter or as directed by Parliament, and the committee may consider and report to the Parliament on any constitutional matter or question as it thinks fit.
(5) The Committee has power to send for persons, papers and records, and to meet from place to place and to act during recess.
(6) The quorum of the Committee is three.
Economic Affairs Committee.
24D.[9] (1) An Economic Affairs Committee shall be appointed at the commencement of each Parliament.
(2) The Committee shall consist of seven Members.
(3) The Committee's functions are -
(a) to consider matters concerning economic affairs and development referred to it by Parliament.
(b) to assess and review the administration of the economy with regard to the implementation of the particular government policy.
(c) to investigate and report on such other related matters as the Committee considers appropriate.
(4) The quorum of a meeting of the Committee is three.
Foreign Affairs and Defence Committee.
24E.[10] (1) A Foreign Affairs and Defence Committee shall be established at the commencement of each Parliament.
(2) The Committee shall consist of seven Members.
(3) The Committee has responsibility concerning -
(a) matters relating to foreign affairs and defence generally; and
(b) such matters as may be referred to the Committee -
(i) by the Minister for Foreign Affairs;
(ii) by the Minister for Defence;
(iii) by resolution of the Parliament; and
(c) to investigate and report on such other related matters as the Committee considers appropriate.
(4) The Committee has power to appoint sub-committee consisting of two or more of its members and to refer to any such sub-committee any of the matters which the Committee is empowered to consider.
(5) The Committee has power to send for and examine persons, papers and records, to move from place to place and to meet and transact business in public or private sessions and to act during recess.
(6) The Committee shall report to Parliament on such matters as are referred to it from time to time.
(7) The quorum of a meeting of the Committee is four.
Law and Order Committee.
24F.[11] (1) A Law and Order Committee shall be established at the commencement of each Parliament.
(2) The Committee shall consist of seven Members.
(3) The Committee has responsibility in matters concerning law and order and shall -
(a) review and report on matters of law and order referred to it by Parliament; and
(b) investigate and report on such other related matters as the Committee considers appropriate; and
(c) liaise with other bodies concerned with law and order.
(4) The Committee has power to send for persons, papers and records and to act during recess.
(5) The quorum for a meeting of the Committee is three.
Other committees.
25. (1) The Parliament may appoint such other Permanent Parliamentary Committees as are determined by the Parliament from time to time.
(2) The powers, procedures and functions of a committee shall be determined on its establishment, and are subject to Subdivision VI.2.E (the Committee System) of the Constitution.
PART VI. - ROLL, PLACES OF MEMBERS, LEAVE OF ABSENCE, MINUTES OF PROCEEDINGS AND RECORDS
Members' roll to be kept by the Clerk.
26. A Member's roll shall be kept by the Clerk, showing -
(a) the name of the Member elected for each Electorate and the name of each Nominated Member; and
(b) the dates of his or her election or appointment, as the case may be, of his making the oath or affirmation, and of his ceasing to be a Member; and
(c) the cause of his ceasing to be a Member.
Record of attendance.
27. The attendance of Members at each Sitting of the Parliament shall be recorded in the Minutes.
Seats.
28. Any question with regard to the seats to be occupied by Members shall be determined by the Speaker.
Leave of absence.
29. (1) Leave of absence may be given by the Parliament to any Member on motion without notice, stating the cause and period of absence, and such a motion has priority over all other business.
(2) A Member shall be excused from service in the Parliament, or on
any committee, so long as he has leave of absence.
(3) A Member who has leave of absence forfeits it if he attends the service of the Parliament before the expiration of the leave.
Minutes of proceedings of the Parliament.
30. All proceedings of the Parliament shall be recorded by the Clerk, and such records constitute the Minutes of Proceedings of the Parliament, and shall be signed by the Clerk.
Custody of records.
31. The Clerk has the custody of the Minutes of Proceedings, records and documents laid before the Parliament, and shall not take any such Minutes of Proceedings, records or documents, or permit them to be taken, from the Chamber or offices, without the leave of the Speaker.
Notice Paper.
32. (1) Before each Sitting, the Clerk shall deliver to each Member a paper, called a Notice Paper, showing the matter to be brought before the Parliament.
(2) The Notice Paper shall also show Bills, motions and papers that stand referred to committees, together with notification of the times and places when and where the committees will meet to consider them.
PART VII. - SITTING, QUORUM AND ADJOURNMENT OF THE PARLIAMENT
Day and hour of meeting.
33.[13] Unless otherwise ordered, the Parliament shall meet each Tuesday, Wednesday, Thursday and Friday at 10:00 a.m..
Prayers.
34.[14] Upon the Speaker taking the Chair each day, and a quorum of Members being present -
(a) the Speaker; or
(b) a Member, or any other person on the invitation of the Speaker,
shall read Prayers in accordance with the practice of Parliament.
Quorum.
35. A quorum for a Sitting of the Parliament or a Committee of the whole Parliament is one-third of the number of seats in the Parliament at the time.
Want of quorum before Prayers.
36. (1) Subject to Subsection (2), if at the time appointed on any day fixed for the Sitting of the Parliament a quorum of Members is not present, the Speaker shall, before reading Prayers, adjourn the Parliament to the next Sitting day.
(2) If the Speaker is satisfied that there is likely to be a quorum within one hour he shall announce that he will take the Chair at a stated time within that hour.
(3) If at the time specified in subsection (2) there is not a quorum the Speaker shall adjourn the Parliament to the next Sitting day.
Want of quorum during Sitting.
37. (1) Subject to Standing Order 39, if any Member shall take notice that a quorum of Members is not present, the Speaker shall count the Parliament.
(2) The doors of the Parliament shall be unlocked whenever the Speaker is engaged in counting the Parliament, and the Bells shall be rung.
(3) Subject to Subsection (4), if a quorum is not present within two minutes, the Speaker shall adjourn the Parliament to the next Sitting day.
(4) If the Speaker is satisfied there is likely to be a quorum within one hour, he shall announce that he will take the Chair at a stated time within that hour.
(5) If at the time specified in Subsection (4) there is not a quorum, the Speaker shall adjourn the Parliament to the next Sitting day.
(6) Notwithstanding Subsection (1) to (5) inclusive, no Member shall take note that a quorum of Members is not present during debate.
Want of quorum of Committee of the whole Parliament.
38. (1) Subject to Standing Order 39, if a Member points out that a quorum of Members is not present, the Chairman shall count the Committee.
(2) The doors of the Parliament shall be unlocked whenever the Chairman is engaged in counting the Committee, and the Bells shall be rung.
(3) Subject to Subsection (4), if a quorum is not present within two minutes the Chairman shall report the fact to the Speaker, who shall adjourn Parliament to the next Sitting day.
(4) If the Chairman is satisfied there is likely to be a quorum within one hour, he shall announce that he will resume the Chair at a stated time within that hour.
(5) If at the time specified in Subsection (4) there is not a quorum, the Chairman will report the fact to the Speaker who shall adjourn the Parliament to the next Sitting day.
(6) Notwithstanding Subsection (1) to (5) inclusive, no Member shall take notice that a quorum of Members is not present during a debate.
Want of quorum during vote.
39. (1) If it appears from a vote in the Parliament or the Committee that a quorum of Members is not present, no decision of the Parliament or the Committee shall be considered to have been arrived at by such a vote.
(2) The Speaker or the Chairman, if a quorum is obtained after taking action according to Standing Orders 37(4) or Standing Order 38(4), shall again put the question to the Parliament or the Committee, as the case may be.
Attention called to want of quorum.
40. When the attention of the Speaker, or of the Chairman of the Committee, has been called to the fact that there is not a quorum of Members present during a vote, no Member, other than a party whip, shall leave the area within the seats allotted to Members until a quorum is present or two minutes have elapsed, whichever first happens.
* * *
41.[15]
Manner of adjournment.
42. Parliament can be adjourned only by its own resolution, except in the cases mentioned in Standing Orders 36, 37, 38, 44, 45 and 61, when the Speaker adjourns the Parliament without putting any question.
Adjournment of the Parliament.
43.[16] A motion for the adjournment of the Parliament may be moved only by a Minister, and no amendment can be moved to the motion.
Daily adjournment.
44.[17] (1) Unless the Parliament has previously adjourned, at 5 p.m., on Tuesdays, and Thursdays, 8 p.m. on Wednesdays and 1 p.m. on Fridays the Speaker shall, if a motion for adjournment of the Parliament has been moved, put the question "That the Parliament do now adjourn", or if a motion for the adjournment of the Parliament has not been moved, interrupt the business then under consideration and adjourn the Parliament without any question being put.
(2) If at the time specified in Subsection (1) the Parliament is sitting as a Committee of the Whole, the Chairman shall, without putting any question interrupt the business then under consideration and report progress, and the Speaker shall then adjourn the Parliament without any question being put.
(3) If at the time specified in Subsection (1) a vote is in progress. the business shall not be interrupted until after the declaration of the result of the vote.
(4) If at the time specified in Subsection (1), or as the result of vote in progress at that time, the Parliament or the Committee of the Whole has resolved "That the question be now put", the Parliament shall not be adjourned or progress reported, as the case may be, until the question ordered to be put has been put and resolved.
Adjournment of the Parliament after discussion of matter of public importance.
45. At the end of the discussion of a matter of public importance under Standing Order 109, the Speaker shall adjourn the Parliament without any question being put, except when the discussion is concluded after a period of less than one hour in which case the business of the day shall be resumed.
Adjournment on last day of meeting.
46. Standing Orders 44 and 45 do not apply on the last Sitting day of a meeting of the Parliament.
Motion to fix next meeting.
47. A motion for the purpose of fixing the next meeting of the Parliament may be moved by a Minister at any time without notice.
PART VIII. - MAINTENANCE OF ORDER
Division 1. - Order
Maintenance of order by Speaker and Chairman.
48. Order shall be maintained in the Parliament by the Speaker, and in a committee by the Chairman of Committees, but disorder in the Committee may be censured by the Parliament only on receiving a report.
Speaker rising.
49. Whenever the Speaker rises during a debate, any Member then speaking, or offering to speak, shall sit down, and the Parliament shall be silent, so that the Speaker may be heard without interruption.
Speaker putting question.
50. When the Speaker is putting a question, no Member may walk out of or across the Chamber.
Interruption of Member speaking.
51. When a Member is speaking, no Member may converse aloud or make any noise or disturbance to interrupt him.
Obeisance to Chair.
52. Every Member shall make obeisance to the Chair in passing to or from his seat.
Members passing through the Parliament.
53. No Member may pass between the Chair and any Member who is speaking.
Members taking their places.
54. Every Member of the Parliament, when he comes into the Chamber, shall take his seat, and shall not at any time stand in any of the passages or gangways.
Interference to avoid quarrels.
55. The Parliament will interfere to prevent the prosecution of any quarrel between Members arising out of debates or proceedings of the Parliament or a committee.
Division 2. - Disorder
Offences in the Parliament.
56. If any Member -
(a) persistently and wilfully obstructs the business of the Parliament; or
(b) is guilty of disorderly conduct; or
(c) use objectionable words and refuses to withdraw them; or
(d) persistently and wilfully refuses to conform to these Standing Orders, or any of them; or
(e) persistently and wilfully disregards the authority of the Chair,
the Speaker may report to the Parliament that the Member has committed an offence.
Offences in Committee.
57. If any Member in a Committee of the whole Parliament commits any of the offences referred to in Standing Order 56, the Chairman may suspend the proceedings in the Committee and report to the Parliament that the Member has committed the offence.
Proceedings on report of offence.
58. When a Member has been reported as having committed an offence referred to in Standing Order 56, he shall be called upon to stand up in his place and make any explanation or apology he thinks fit, and afterwards the Speaker may suspend him from the service of the Parliament.
Duration of suspension.
59. If a Member is suspended, his suspension shall be -
(a) on the first occasion - for the remainder of that day's Sitting; and
(b) on the second occasion within the same Meeting - for two Sitting days and
(c) on the third or any subsequent occasion within the same meeting for three Sitting days.
Exclusion of suspended Member from Chamber.
60. When a Member has been suspended, he shall not be permitted to enter the Chamber during the period of his suspension, and if during that period the Member enters the Chamber the Speaker may order any person to remove him from the Chamber.
Grave disorder.
61. In the case of grave disorder arising in the Parliament, the Speaker may, if he thinks it necessary to do so -
(a) adjourn the Parliament without a question being put; or
(b) suspend any Sitting for a time to be named by him.
PART IX. - RULES OF DEBATE
Division 1 - Manner and Right of Speech
Members address Speaker standing.
62. Every Member desiring to speak shall rise and address himself to the Speaker.
Indulgence to Members unable to stand.
63. By the indulgence of the Parliament, a Member unable conveniently to stand, by reason of sickness or infirmity, will be permitted to speak sitting.
Call to speak.
64. When two or more Members rise together to speak, the Member called upon by the Speaker has the right to speak.
When Member may speak.
65. A Member may speak -
(a) to any question before the Chair that is open to debate; and
(b) when moving a motion that will be open to debate; and
(c) when moving an amendment; and
(d) when he rises to make a point of order; and
(e) on a matter of privilege; and
(f) on a matter submitted under Standing Order 109,
but not otherwise.
Ministerial statements.
66. (1) A Minister may make a statement relating to matters of Government policy or public affairs.
(2) Immediately following such a statement and at the discretion of the Speaker, Members may ask the Minister making the statement questions relevant to the subject matter of the statement.
(3)[18] The Opposition has a right of reply to a ministerial statement on a motion "That the Parliament take note of the statement", and the Chair may rule a closure motion out of order until the Opposition has been given the opportunity to reply.
Statement by Leader of the Opposition.
67. (1) The Leader of the Opposition may make a statement relating to matters of Opposition policy or public affairs.
(2) Immediately following such a statement, and at the discretion of the Speaker, Members may ask the Leader of the Opposition questions relevant to the subject matter of the statement.
(3)[19] The Government has a right of reply to the Opposition Leader's statement on a motion "That the Parliament take note of the statement", and the Chair may rule a closure motion out of order until the Government has been given the opportunity to reply.
Personal explanations.
68. With leave from the Chair, a Member may explain matters of a personal nature, although there be no question before the Parliament, but such a matter may not be debated.
Member not to speak twice.
69. No Member may speak twice to a question before the Parliament, except in explanation or reply.
Explanations.
70. A Member who has spoken to a question may again be heard, to explain himself in regard to some material part of his speech that has been misquoted or misunderstood, but shall not introduce any new matter, or interrupts a Member who is addressing the Chair, and no debatable matter may be brought forward nor may any debate arise upon such explanation.
Right of reply.
71. A reply shall be allowed to a Member who has moved a substantive motion for the second or third reading of a Bill, and the reply shall be confined to matters raised during the debate.
Reply closes debate.
72. In all cases the reply of the mover of the original question closes the debate.
Speaking after question put.
73. No Member may speak to any question after it has been put by the Speaker and the voices have been given in the affirmative and negative on it.
Member not speaking when seconding a motion, etc., may speak later.
74. When a Member seconds a motion or amendment before the Parliament without speaking to it, he may address the Parliament on the subject of the motion or amendment at a later period during the debate.
Allusion to previous debate or proceedings.
75. No Member may allude to any debate or proceedings of the same meeting unless the allusion is relevant to the matter under discussion.
Reflection upon vote of the Parliament.
76. No Member may reflect upon any vote of the Parliament, except on a motion that the vote be rescinded.
Use of offensive words against the Queen, Governor-General, Members of the Parliament or Judiciary.
77. No Member may use offensive words against Her Majesty the Queen, the Governor-General, a Member of the Parliament or a member of the judiciary, but the Speaker shall interpret this rule in such manner as to permit adequate debate of all issues before the Parliament.
Offensive words.
78. No Member may use offensive words against the Parliament or any Member of the Parliament, against any Member of the judiciary or, except for the purpose of moving for its repeal, against any statute.
Personal reflections.
79. All imputations of improper motives and all personal reflections on Members shall be considered highly disorderly.
Intervention by Speaker.
80. When any offensive or disorderly words are used, whether by a Member who is addressing the Chair or by a Member who is not present, the Speaker shall intervene.
Speaker to determine whether words offensive, etc.
81. When the attention of the Speaker is drawn to words used, he shall determine whether or not they are offensive or disorderly.
Debate confined to present question.
82. No Member may digress from the subject matter of any question under discussion, except that -
(a) on the motion moved by a Minister, for the adjournment of the Parliament to terminate the Sitting - matters irrelevant to the motion may be debated; and
(b) on the motion for the second reading of a Bill to grant and apply a sum for the service of a year - matters relating to public affairs may be debated.
Anticipating discussion.
83. No Member may anticipate the discussion of any subject that appears on the Notice Paper, but in determining whether a discussion is out of order on the grounds of anticipation the Speaker shall have regard to the probability of the matter anticipated being brought before the Parliament.
Questions may be required to be read.
84. Any Member may require the question or matter under discussion to be read by the Speaker or Chairman at any time during the debate, but not so as to interrupt a Member speaking, but this Standing Order does not apply when the terms of the question or matter have been circulated among Members.
Interruptions.
85. No Member may interrupt another Member whilst speaking except -
(a) to call attention to a point of order or privilege suddenly arising; or
(b) to call attention to the want of a quorum; or
(c) to call attention to the presence of strangers; or
(d) to move closure motion; or
(e) to move "That the discussion be concluded".
Irrelevance or tedious repetition.
86. (1) The Speaker, or the Chairman, after having called the attention of Parliament, or of the Committee, as the case may be, to the conduct of a Member who persists in irrelevance or tedious repetition, either of his own arguments or of the arguments used by other Members in debate, may direct him to discontinue his speech.
(2) The Member may require that the question whether he be further heard be put, in which case the question shall be put without debate.
Division 2. - Matters Not Open to Debate
Matters not open to debate.
87. (1) The following matters are not open to debate, shall be moved without arguments or opinion offered, and shall be immediately put from the Chair without amendment:-
(a)[20] * * *
(b) a question that a Member be further heard (Standing Order 86(2)); an
(c) a motion for the adjournment of debate (Standing Order 88(2)); and
(d) a motion for extension of time for Member's speech (Standing Order 92); and
(e) a motion "That the question be now put" (Standing Order 93); and
(f) a mtion "That the discussion be concluded" (Standing Order 110(1)); and
(g) a question "That a Bill, be reported" (Standing Order 214(1)); and
(h) a motion "That the Chairman report progress" (Standing Order 234(1)); and
(i) a motion "That strangers be ordered to withdraw" (Standing Order 242(1)).
(2) If question referred to in Subsection (1) is negatived, no similar proposal shall be received if the Speaker or the Chairman is of the opinion that it is an, abuse of the orders or forms of the Parliament, or is moved for the purpose of obstructing business.
Division 3. - Adjournment of Debate
Adjournment of debate.
88. (1) A Member who has not spoken to the question, or who has the right of reply, may move the adjournment of the debate.
(2) The question shall be put immediately and determined without amendment or debate.
Call of Member moving adjournment.
89. The Member on whose motion a debate is adjourned by the Parliament is entitled to be first called on the resumption of the debate.
Right to speak when motion negatived.
90. If a motion for the adjournment of the debate on any question is negatived, the Member moving the motion may address the Parliament at a later period during the debate.
Division 4. - Time Limits for Speeches and Debates
Time Limits.
91. The maximum period for which a Member may speak on any subject referred to in the table in this section, and the maximum period for any debate, shall not, unless otherwise ordered, exceed the period specified opposite the subject in the following table:
|
IN THE PARLIAMENT |
|
|
Subject |
Time |
|
Address-in-reply - |
|
|
Each Member |
15 minutes |
|
Discussion of matter of public importance - |
|
|
Proposer |
15 minutes |
|
Minister first speaking |
15 minutes |
|
Any other Member |
10 minutes |
|
Grievance Debate - |
|
|
Each Member |
10 minutes |
|
Motion for adjournment of the Parliament |
|
|
Each Member |
10 minutes |
|
Second reading of a Bill - |
|
|
Mover |
45 minutes |
|
Any other Member |
20 minutes |
|
Debates not otherwise provided for - |
|
|
Mover of a motion |
30 minutes |
|
Any other Member |
20 minutes |
|
|
|
|
IN THE COMMITTEE |
|
|
Subject |
Time |
|
Each question before the Chair - |
|
|
Member in charge of a Bill not specified |
|
|
Other Members - two periods each not exceeding |
15 minutes |
Extension of time.
92.[21] With the consent of a majority of the Parliament or of the Committee, to be determined without debate, a Member may be allowed to continue a speech interrupted under Standing Order 91 (except a speech in discussion of a matter of public importance, grievance debate and the budget debate) for one period not exceeding 5 minutes.
Division 5. - Closure
Closure of question.
93. (1) After any question has been proposed from the Chair, either in the Parliament or the Committee, a motion may he made by any Member, rising in his place, and without notice, and whether any other Member is addressing the Chair or not, "That the question be now put".
(2) Unless it appears to the Chair that the motion is an abuse of the rules of the Parliament or an infringement of the rights of the minority, a motion referred to in Subsection (1) shall be put immediately and decided without amendment or debate.
Division 6. - Points of Order and Speaker's Rulings
Point of order.
94. (1)[22] Any Member may at any time raise, in a form of a question, a point of order.
(2) Until disposed of, a point of order suspends the consideration and decision of every other question.
(3)[23] If a Member persistently raises points of orders unnecessarily and in a manner that disturbs the proceedings of Parliament, the Speaker may withdraw the Members privilege to raise points of order for the remainder of the day.
Proceedings on question of order.
95. On a question of order being raised, the member called to order shall resume his seat, and after the question of order has been stated to the Speaker by the Member rising to the question of order, the Speaker shall give his ruling on it.
Objection to ruling of Speaker.
96. (1) If an objection is to be taken to a ruling of the Speaker, the objection must be taken at once, and a motion of dissent to be submitted in writing, moved.
(2) If a motion of dissent referred to in Subsection (1) is seconded, it shall be proposed to the Parliament, and debate on it shall proceed immediately.
PART X. - PRIVILEGE
Matter of privilege suddenly arising.
97. A Member may rise at any time to speak upon a matter of privilege suddenly arising, and may on that occasion request the Speaker to refer the breach of privilege of which he complains to the Committee of Privileges.
Reference of complaint to Committee of Privilege.
98. (1) Not later than the next Sitting day after a Member has requested the Speaker to refer a complaint under Standing Order 97, the Speaker shall state that he has referred the complaint, or that he has not and does not propose to refer the complaint, to the Committee of Privileges.
(2) If the Speaker has not referred the complaint, the Member who has raised the matter may thereupon move without notice a motion referring the matter to the Committee of Privileges.
Privilege raised in Committee of the Whole.
99. If a matter of privilege is raised in the Committee of the whole Parliament, the Chairman shall leave the Chair on an order to report progress.
Precedence to matter of privilege.
100. Until disposed of, or unless the debate on the motion is adjourned, a motion on a matter of privilege, whenever arising, suspends the consideration and decision of any other question.
Complaint against newspaper, book, etc.
101. Any Member complaining to the Parliament of a statement in a newspaper, book or other publication as a breach of privilege must produce a copy of the newspaper, book or other publication containing the statement in question, and must be prepared to give the name of the printer or publisher.
Proceedings for offence against Parliamentary Powers and Privileges Act.
102. Proceedings for an offence against the Parliamentary Powers and Privileges Act shall be brought only upon the adoption by the Parliament on a report from the Committee of Privileges recommending that such proceedings be instituted.
PART XI. - BUSINESS
Division 1. - Routine and Order of Business
Routine of business.
103. The Parliament shall proceed each day with its ordinary business in the following order:-
(a) Prayers; and
(b) messages and communications from the Governor-General; and
(c) presentation of petitions; and
(d) the giving of notices of motion; and
(e) questions without notice (45 minutes); and
(f) Grievance Debate (Friday only); and
(g) the presentation of papers; and
(h) Ministerial statements; and
(i) proposals to discuss matters of public importance; and notices and orders of the day.
Presentation of reports and papers.
104. Reports of permanent and select committees and papers may be presented at any time when other business is not before the Parliament.
Precedence of Government business.
105. Unless otherwise ordered, Government business has precedence over all other business, except that on Thursdays private business has precedence over Government business.
Determination of order of business.
106. The Prime Minister or Minister designated by him may determine the order in which notices and orders of the day on the Notice Paper shall be considered, except on Thursday when the Private Business Committee may so determine.
Order of business advised to Speaker and Clerk.
107. When a Minister or the Private Business Committee exercises the powers conferred by Standing Order 106, he or it shall advise the Speaker and the Clerk of his or its determination not later than two hours before the Parliament meets, and the Clerk shall, without delay, advise Members of the determination.
Division 2. - Grievance Debate
Grievance Debate.
108. (1) On each sitting Friday, immediately after questions have been asked the Speaker shall propose a question "That grievance be noted", to which question any Member may address the Parliament.
(2) No amendment shall be moved to the question.
(3)[24] If consideration of the question has not been concluded at 1 p.m., the debate on it shall be interrupted and the Speaker shall put the question.
Division 3. - Matter of Public Importance
Proposal to discuss matter of public importance.
109. (1) A Member may propose to the Speaker that a definite matter of public importance be submitted to the Parliament for discussion.
(2) The Member proposing the matter shall present to the Speaker, at least one hour before the time fixed for the meeting of the Parliament a written statement of the matter proposed to be discussed.
(3) If the Speaker determines that it is in order, he shall read it to the Parliament.
(4) The proposed discussion must be supported by nine Members, including the proposer, rising in their places as indicating approval.
(5) Discussion of the matter shall thereupon be postponed until 3:30 p.m., that day.
(6) At the appointed time the Speaker shall interrupt the business then under consideration, state the matter of public importance to the Parliament and call on the Member who has proposed the matter to speak.
Motion to conclude discussion.
110. (1) At any time during the discussion, a motion "That the discussion be concluded" may be made by any Member, without notice, and the motion shall be put immediately without amendment or debate.
(2) A motion under Standing Order 88 or 93 is not in order.
Priority.
111. In the event of more than one matter being presented for the same day, priority shall be given to the matter that, in the opinion of the Speaker, is the most urgent and important, and no other proposed matter shall be read to the Parliament that day.
Division 4. - Leave of the Parliament or a Committee
Leave.
112. Leave of the Parliament or a committee must be granted without any dissentient voice.
PART XII. - PETITIONS
Lodging petitions.
113. Every petition shall be lodged with the Clerk at least three hours before the sitting of the Parliament at which it is proposed to present it.
Clerk's certificate.
114. When presented, a petition must bear the Clerk's certificate that it is in conformity with the Standing Orders.
Time for presenting certain petitions.
115. A petition referring to a motion or an order of the day may be presented when the motion or order of the day is called on or read for the first time.
Receipt of petitions.
116. All petitions shall be received only as the petitions of the parties signing the same.
General requirements as to form.
117. (1) A petition must -
(a) be fairly written, typewritten, printed or reproduced by mechanical process, without interlineation or erasure; and
(b) contain a solemn request at the end of it; and
(c) be in the English language, or be accompanied by a translation certified to be correct by the Member who presents it; and
(d) be signed by at least one person on the sheet on which the petition is inscribed; and
(e) subject to Subsection (2), be signed by the parties whose names are appended to it, by their own hand, and by no one else, except in the case of incapacity by sickness.
(2) Persons unable to write shall affix their marks in their presence of a witness, who shall, as such, affix his signature.
Writing of signatures.
118. Every signature shall be written upon the petition or upon sheets containing the solemn request of the petition, and not pasted upon or otherwise transferred to it.
Petitions of corporations.
119. Petitions of corporations aggregate shall be made under their common seal.
Attachment of documents.
120. No letters, affidavits or other documents may be attached to any petition.
References to debates.
121. No references may be made in a petition to any debate in the Parliament..
Petitions must be respectful.
122. Every petition shall he respectful, decorus and temperate in its language, and shall not contain irrelevant statements.
Presentation by a Member.
123. Petitions can only be presented to Parliament by a Member, and a Member cannot present a petition from himself.
Members to affix their names.
124. A Member presenting a petition to Parliament shall affix his name at the beginning of it.
Standing Orders to be observed.
125. A Member lodging a petition shall take care that it is in conformity with the Standing Orders of the Parliament.
Statement on presentation.
126. Every Member presenting a petition to the Parliament shall confine himself to a statement of the parties from whom it comes, of the number of signatures attached to it, and of the material allegations contained in it, and to the reading of the solemn request of such petition.
Discussion on presentation.
127. A petition, which according to the Standing Orders of the Parliament can be received, shall be brought to the Table, and no discussion upon the subject-matter of it shall be allowed.
Questions on presentation of petitions.
128. The only questions considered by the Parliament on the presentation of a petition shall be -
(a) "That the petition be received"; or
(b) "That the petition be received and read"; or
(c) "That the petition be referred to the Committee on " (in the case of a petition respecting any subject then under consideration by a committee).
PART XIII. - NOTICES OF MOTION.
Government notices of motion.
129. Government notice of motion shall be given by a Minister by -
(a) stating its terms to the Parliament and delivering a copy to the Clerk; or
(b) delivering a copy of its terms to the Clerk.
Private notices of motion.
130. (1) A private notice of motion shall be submitted to the Chairman of the Private Business Committee.
(2) The notice must be signed by the Member and seconder.
(3) After determining that a notice of motion is in order under Standing Order 22, the Private Business Committee shall deliver a copy of its terms to the Clerk.
(4)[25] For the purpose of this Standing Order, a notice of motion of no confidence given under Section 145 of the Constitution is a private notice of motion and shall have precedence on Private Business day.
Reporting of notices.
131. On receipt of a notice of motion under Standing Order 129 or 130, the Clerk shall, at the first convenient opportunity, report the terms of the notice of motion to the Parliament.
Order of notices.
132. Notices given under Standing Orders 129, 130 or 191 shall be entered by the Clerk on the Notice Paper in the order in which they were reported to the Parliament.
Dividing of notices.
133. If a notice of motion that contains matters not relevant to each other is given, the Speaker may instruct the Clerk to divide the notice into two or more notices.
Amendment of unbecoming notice.
134. A notice of motion that contains unbecoming expressions, or that offends against any Standing Order of the Parliament, shall be amended by the Speaker before it appears on the Notice Paper.
Alteration of terms of notice.
135. (1) A Member who has given a notice of motion may alter its terms by notifying the Clerk, in writing, within such time as will enable the alteration to be made in the Notice Paper.
(2) The alteration of terms shall be reported to the Parliament by the Clerk at the first convenient opportunity, and shall not be made in the Notice Paper unless it has been so reported.
Withdrawal of notice.
136. A Member who has given a notice of motion may withdraw the notice by notifying the Clerk, in writing, at any time before the time proposed for moving the motion.
Withdrawal of private business notice after three meetings.
137. If at the end of three successive meetings following the meeting at which it first appeared on the Notice Paper a notice of motion (private business) has not been moved, it shall be withdrawn from the Notice Paper.
Operation of notices.
138. A notice of motion becomes effective only when it appears on the Notice Paper.
PART XIV. - QUESTIONS SEEKING INFORMATION
Division 1. - General Rules for Questions and Answers
Questions to Minister.
139. Questions may be put to a Minister relating to -
(a) public affairs with which he is officially connected; or
(b) proceedings pending in the Parliament; or
(c) any matter of administration for which he is responsible.
Questions to other Members.
140. Questions may be put to a Member, not being a minister, relating to any Bill, motion or other public matter connected with the business of the Parliament of which the Member has charge.
Rules for questions.
141. The following general rules apply to questions:-
(a) a question cannot be debated; and
(b) a question should not contain -
(i) statements of facts or names of persons unless they are strictly necessary to make the question intelligible and can be authenticated; or
(ii) arguments; or
(iii) inferences; or
(iv) imputations; or
(v) epithets; or
(vi) ironical expressions; or
(vii) hypothetical matter; and
(c) questions should not ask a Minister -
(i) for an expression of opinion; or
(ii) to announce the Government's policy (but a question may seek an explanation regarding the policy of the Government and its application, or may ask the Prime Minister whether the statement of a Minister in the Parliament represents Government policy); or
(iii) for legal opinion; and
(d) a question shall not refer to -
(i) current debates; or
(ii) proceedings in Committee not reported to the Parliament; and
(e) a question shall not anticipate discussion on an Order of the Day or other matter.
Alteration of question.
142. The Speaker may direct that the language of a question be changed if it seems to him unbecoming or not in conformity with the Standing Orders of the Parliament.
Questions regarding persons.
143. (1) Questions shall not be asked that reflect on or are critical of the character or conduct of persons whose conduct may only be challenged on a substantive motion.
(2) Notice must be given of questions critical of the character or conduct of other persons.
Answers.
144. An answer shall be relevant to the question, and in answering a question a Member shall not debate the subject to which it refers.
Renewal of question.
145. A question full answered cannot be renewed.
Division 2. - Questions Without Notice
Questions without notice.
146. (1) Questions may be asked without notice.
(2) At the discretion of the Speaker, supplementary questions may be asked to elucidate an answer.
(3) The time allotted to questions without notice shall not exceed 45 minutes on a Sitting day.
Questions to Speaker.
147. By leave of the Chair, a question without notice may be put to the Speaker relating to any matter of administration for which he is responsible.
Division 3. - Question on Notice
Notice of question.
148. (1) Notice of a question shall be given by a Member delivering it to Clerk within such time as, in the opinion of the Speaker, will enable the question to be printed.
(2) The question shall be clearly written and signed by the Member.
Question Paper.
149. The Clerk shall place notices of question, in the order in which they were received by him, on the Question Paper, which shall be delivered by the Clerk to each Member.
Replies to questions.
150. (1) The reply to a question on a notice shall be given by delivering it to the Clerk, who shall supply a copy of it to the Member who asked the question.
(2) The question and reply shall be printed in Hansard.
PART XV. - MOTIONS, QUESTIONS, VOTES AND RESOLUTIONS
Requirement of notice.
151. (1) Subject to the Standing Orders of the Parliament, a Member shall not, except by leave of the Parliament move a motion except in accordance with a notice appearing on the Notice Paper.
(2) Leave for the purposes of Subsection (1) may be sought only after the Member has read the motion to the Parliament or caused it to be circulated to Members.
Precedence of motions.
152. (1) Subject to the Standing Orders 105 and 106, motions have precedence of each other according to the order in which they appear on the Notice Paper.
(2) A motion may be postponed on motion without notice.
Motions not called on.
153. Subject to Standing Order 132, if at the adjournment of the Parliament any motions on the Notice Paper have not been called on, the motions shall remain on the Notice Paper.
Precedence to vote of thanks or of condolence.
154. Precedence will be ordinarily given by courtesy to a motion for a vote of thanks of the Parliament or of condolence.
Member absent when motion called on.
155. If a Member is not in his place when the notice of motion given by him is called on, it shall be withdrawn from the Notice Paper, unless the Parliament orders that it be postponed.
Member failing to move.
156. If a Member, when the notice of motion given by him is called on fails to rise and move the motion, it shall be withdrawn from the Notice Paper, unless the Parliament orders that it be postponed.
Motion not seconded.
157. A motion not seconded may not be further discussed, and no entry of it shall be made in the Minutes.
Restrictions on withdrawal of motions.
158. After a motion has been moved it shall be deemed to be in the possession of the Parliament, and cannot be withdrawn without leave.
Anticipation of business.
159. A matter on the Notice Paper must not be anticipated by another matter contained in less effective form of proceeding.
Motions withdrawn again moved.
160.[26] (1) A motion that has been superseded, or withdrawn by leave of the Parliament, may be moved again during the same Session.
(2) A notice of motion which has been withdrawn or moved and negatived cannot be again given or moved in the same substance, at the same meeting at which it was withdrawn or moved and negatived.
Question put.
161. As soon as the debate upon a question has been concluded, the Speaker shall put the question to the Parliament.
Division of complicated question.
162. The Parliament or the Committee may order a complicated question to be divided.
Question determined by majority of voices.
163. A question being put shall be resolved in the affirmative or negative by the majority of voices "Aye" or "No".
Statement of result.
164. The Speaker shall state whether, in his opinion, the "Ayes" or the "Noes" have it, and if his opinion is challenged the question shall be decided by vote.
Renewal of motion, etc.
165. The Speaker, or subject to Standing Order 213 the Chairman of Committees, may, in his discretion, disallow any motion or amendment that is the same in substance as any question that, during the previous 12 month, has been resolved in the affirmative or negative, unless the order, resolution or vote on the question has been rescinded.
PART XVI. - AMENDMENTS
Forms of amendments.
166. A question that has been proposed may be amended by -
(a) omitting certain words only; or
(b) omitting certain words in order to insert or add other words; or
(c) inserting or adding words.
Amendments in writing.
167. An amendment to any motion before the Parliament must, for the purpose of record, be in writing and signed by the mover and seconder.
Relevance of amendment.
168. An amendment must be relevant to the question which it is proposed to amend.
Amendments must be seconded.
169. An amendment moved but not seconded shall not be entertained by the Parliament or entered in the Minutes.
Inconsistent amendments.
170. No amendment shall be moved that is inconsistent with a previous decision on the question.
Amendment of earlier part.
171. No amendment may be moved to any part of a question after a later part has been amended, or after a question has been proposed on an amendment to it, unless the proposed amendment has, by leave of the Parliament, been withdrawn.
Order of amendments.
172. An amendment proposed must be disposed of before another amendment to the original question can be moved.
Withdrawal of proposed amendment.
173. A proposed amendment may, by leave, be withdrawn.
Amendments to proposed amendments.
174. Amendments may be moved to a proposed amendment as if the proposed amendments were an original question.
Proposal of question as amended.
175. When amendments have been made, the main question shall be proposed as amended.
Amendments moved but not made.
176. When amendments have been moved but not made, the question shall be proposed as originally proposed.
PART XVII. - ORDERS OF THE DAY
Precedence of Orders of the Day.
177. (1) Subject to Standing Orders 105 and 106, Orders of the Day have precedence over each other according to the order in which they appear on the Notice Paper.
(2) An Order of the Day may be postponed on motion without notice.
Orders of the Day not called on.
178. If at the adjournment of the Parliament any Orders of the Day on the Notice Paper have not been called on, they shall remain on the Notice Paper.
Discharge of Order.
179. On an Order of the Day being read, it may, on motion without notice moved by the Member in charge of it, be discharged.
PART XVIII. - VOTING
Method of voting.
180. A vote called for under Standing Order 164 shall be taken by each Member standing in his place in accordance with Standing Order 184.
When vote not taken.
181. A vote shall not be proceeded with unless more than one Member has called for a vote.
Member calling for vote.
182. A Member calling for a vote shall not leave the area within the seats allotted to Members, and shall vote with those who, in the opinion of the Speaker, were in the minority when the voices were taken.
Closing of doors.
183. (1) Before a vote is taken, the Clerk shall ring the Bells and turn a two-minute sand-glass (to be kept on the Table for that purpose) and the doors shall not be closed until after the lapse of two minutes as indicated by the sand-glass.
(2) The doors shall be closed and locked after the lapse of two minutes, and then no Member shall enter or leave the Chamber until after the vote.
Taking of vote.
184. (1) When the doors have been locked and all the Members are in their places, the Speaker shall state the question to the Parliament and then direct the "Ayes" to stand, and after the "Ayes" have been counted direct the "Noes" to stand.
(2) A Member standing to be counted shall not sit until the Clerk has recorded his vote and then called his name.
(3) A Member shall not move from his place until the result of the vote is announced.
(4) The Clerk shall make a list of the names of the Members voting, and shall show in the list how each has voted.
Declaration of result of vote.
185. The Clerk shall hand the list made under Standing Order 184(4) to the Speaker, who shall declare the result of the voting to the Parliament.
Vote to be entered in the Minutes
186. The Clerk shall enter in the Minutes the particulars of the list made under Standing Order 184(4).
Members present when question stated.
187. Every Member present in the Chamber when the question is stated shall vote, except the Speaker or other Member presiding, who shall have a casting vote.
Confusion or error in counting.
188. In case of confusion or error concerning the counting of votes on a question, unless a correction can otherwise be made the Parliament shall again vote on the question.
Correction of mistakes in Minutes.
189. If complaint is made to the Parliament that a vote has been inaccurately recorded, the Speaker shall cause the Minutes, if inaccurate, to be corrected.
Entry of Speaker's reasons for casting vote.
190. Any reason stated by the Speaker for his casting vote shall be entered in the Minutes.
PART XIX. - BILLS
Division 1. - Initiation
Initiation and notice of intention.
191. (1) A Bill shall be initiated -
(a) by the Parliament giving leave to bring in a Bill, specifying its title: or
(b) on the calling on of a notice of presentation; or
(c) in accordance with Standing Order 237.
(2) Notice of intention to present a Bill shall be given by a Member by -
(a) stating its terms to the Parliament and delivering a copy to the Clerk at the Table; or
(b) delivering a copy of its terms to the Clerk.
(3) A notice of intention to present a Bill shall -
(a) specify its title; and
(b) be signed by the Member and at least one other Member.
(4) A notice of intention to present a Bill that is given by delivering a copy of its terms to the Clerk shall be reported to the Parliament by the Clerk at the first convenient opportunity, and shall not be entered by the Clerk on the Notice Paper unless it has been so reported.
Division 2. - Bills Generally
Presentation of fair copy.
192. A Member bringing in a Bill in accordance with Standing Order 191 shall present to the Parliament a fair copy signed by him.
Scope of title and clauses.
193. The title shall agree with the order of leave or the notice of presentation, and clauses shall not be included in a Bill that do not come within its title.
Withdrawal of irregular Bill.
194. A Bill not prepared according to the Standing Orders of the Parliament shall be ordered to be withdrawn.
Stages for passing a Bill.
195. No Bill shall be submitted to the Speaker for his certification under Standing Order 221 until it has been read three times and, unless otherwise ordered by the Parliament, considered in Committee of the whole Parliament after the Second Reading.
Readings.
196. On every order for the reading of a Bill, the title only shall be read by the Clerk.
Division 3. - Presentation and First Reading
Tabling of copy of Bill.
197. (1) To present a Bill, a copy of the Bill shall be laid upon the Table accompanied by such documents as the originator of the Bill thinks necessary for the information of the Parliament.
(2) The accompanying documents shall not be removed from the Table until the bill to which they relate has been passed or otherwise disposed of.
First Reading.
198. On the presentation of a Bill by a Member, it shall be read a first time without any question being put.
Division 4. - Second Reading
Second Reading.
199. (1) When a Bill has been read a first time, the next stage is a motion "That the Bill be now read a second time".
(2) On this motion the general merits and principles, but not the details, of the Bill may be debated, and no amendment to the motion may be moved.
Second Reading.
200. (1) For the purposes of this section, a Bill shall be deemed to have been circulated -
(a) during a meeting of the Parliament - when the Clerk causes a copy to be placed on the desk or in the office of every Member; or
(b) at other times - when the Clerk causes a copy to be posted to every Member,
but the posting of a copy of a Bill to a Member less than 14 days before the day fixed for a meeting of the Parliament does not constitute circulation of the Bill.
(2) If -
(a) a copy of the Bill has been circulated to every Member at least 21 days before its presentation; or
(b) the Bill is one specified in Standing Order 237; or
(c) leave is granted for the Second Reading to be moved immediately,
the Second Reading may be moved immediately after the Bill has been read a first time, but under no circumstances shall the Second Reading be moved until the Bill has been printed and circulated to every Member.
(3) If Subsection (1) has not been complied with, after the First Reading the Second Reading shall be adjourned without any question being put, and the Second Reading shall not be moved on a future day unless that subsection has been complied with.
Questions on Second Reading.
201. At the conclusion of the speech of the Member moving the Second Reading he may, in his discretion, and for such time as he determines, answer questions directed to him with respect to the provisions of the Bill.
Negativing of Second Reading.
202. If the question "That the Bill be now read a second time" is negatived, this finally disposes of the Bill.
Proceedings following Second reading.
203. Immediately after the Second Reading -
(a) a message, in accordance with Standing Order 240 (4), recommending an appropriation of revenue or money in connection with the Bill may be announced; and
(b) a motion "That the Bill be referred to the Committee" may be moved; and
(c) unless a motion referring the Bill to a committee has been agreed to the Parliament shall either -
(i) grant leave for the question "That the Bill be now read a third time" to be moved forthwith; or,
(ii) immediately resolve itself into a Committee of the Whole for the consideration of the Bill.
Restriction on reference to committee.
204. A motion for referring a Bill to a committee shall not be moved after the Bill has been reported under Standing Order 214 to the Parliament by the Chairman of the Committee of the Whole.
Bill referred to committee.
205. When a Bill has been referred to a committee and reported, a time shall be fixed on the motion without notice of the Member in charge of the Bill for the consideration in a Committee of the Whole of the Bill as reported.
Division 6. - Proceedings in Committee of the Whole
Order of consideration of Bill.
206. (1) Subject to Subsections (2) and (3), unless the Committee granted leave "That the Bill be taken as a whole" the following order shall be observed in considering a Bill and its title:-
(a) clauses as printed and new clauses, in their numerical order; and
(b) schedules as printed and new schedules, in their numerical order; and
(c) postponed clauses (not having been specially postponed until after certain other clauses); and
(d) the preamble; and
(e) the title,
and in reconsidering the Bill on recommittal the same order shall be followed.
(2) In considering an Appropriation or Supply Bill, any schedule expressing the services for which the appropriation is to be made shall be considered before the clauses and, unless the Committee otherwise orders, that schedule shall be considered by the proposed expenditures in the order in which they are shown.
(3) In considering a Bill to impose taxation, any schedule shall be considered before the clauses.
Postponement of title and preamble.
207. (1) In Committee, the title and the preamble of a Bill stand postponed without question proposed, and the clauses shall be considered in their order, a question being proposed by the Chairman on each clause "That the clause be agreed to".
(2) The words of enactment at the head of the Bill shall not be put to the Committee.
Admissible amendments.
208. An amendment may be moved to any part of a Bill, provided it is within the title or relevant to the subject matter of the Bill and is otherwise in conformity with the Standing Orders of the Parliament.
Relevancy of discussion.
209. The discussion shall be confined to the clause or amendment before the Committee.
Putting clause as amended.
210. If a clause is amended, a further question shall be proposed "That the clause, as amended, be agreed to".
Postponement of clause.
211. A clause, or a clause which has been amended, may be postponed.
Amendment of title.
212. If an amendment has been made in a Bill that necessitates an amendment of the title -
(a) the title shall be amended; and
(b) a question shall be proposed "That the title, as amended, be the title of the Bill"; and
(c) the amendment of the title shall be specially reported to the Parliament.
Amendment inadmissible if contrary to previous decision of the same Committee.
213. No amendment or new clause or schedule shall be at any time moved -
(a) that is substantially the same as one already negatived by the Committee; or
(b) that is inconsistent with one that has been already agreed to by the Committee,
unless a recommittal of the Bill has intervened.
Division 7. - Report, Recommittal and Adoption.
Report of Bill.
214. (1) When a Bill has been fully considered, the question shall be put immediately, and determined without amendment or debate "That the Bill (or the ended) be reported".
(2) If the question referred to in subsection (1) is agreed to, the Chairman shall leave the Chair and report the Bill, and the report may, on motion, be adopted immediately.
Recommittal of Bill.
215. (1) On the report from the Committee or on the motion for the n of the report, a Bill, may, on motion by any Member, be recommitted in r in part.
(2) When the Bill is again reported, the report from the Committee motion, be adopted immediately.
Notice of proceedings in Committee.
216. No notice may be taken of any proceedings of a Committee of the Whole, or of a committee on a Bill, until the proceedings have been reported and adopted under Standing Order 214 or 215.
Division 8. - Third Reading, Passing, etc.
Motion for Third Reading.
217. (1) When the report on a Bill is finally adopted, the Third Reading of the Bill may be moved immediately or made an Order of the Day for a future time.
(2) No amendment may be moved to such question.
Negativing Third Reading.
218. If the question "That the Bill be now read a third time" is negatived, this finally disposes of the Bill.
Passing of Bill.
219. After the Third Reading no further question shall be put, and the Bill shall have passed the Parliament and is an Act.
Verbal or formal amendments.
220. Amendments of a verbal or formal nature may be made, and clerical or typographical errors may be corrected, in any part of a Bill by the Clerk acting with the authority of the Chairman of Committees.
Division 9. - Certification as to Making of Laws.
Certification under National Seal.
221. Every act made by the Parliament shall be presented to Mr Speaker for certification under the National Seal, having been first certified by the signature of the Clerk as having been passed by the Parliament.
Amendments proposed by Governor-General.
222. (1) Whenever the Governor-General returns an Act (which has not come into operation in accordance with Section 110 (2) (certification as to making of laws of the Constitution) together with amendments proposed by the National Executive Council (in accordance with Section 110 (3) of the Constitution), a time shall be fixed for taking the amendments into consideration in the Committee of the Whole.
(2) An Act that has come into operation in accordance with Section 110(2) of the Constitution can be amended only by the passing of an amending Bill presented in accordance with this Part.
(3) When amendments recommended by the Governor-General to an Act have been agreed to by the Parliament, with or without amendment, the Act shall be printed and presented to Mr Speaker in the manner provided in Standing Order 221.
PART XIXA. - CONSTITUTIONAL LAWS[27]
Presentation of Proposed Law.
222A. (a) The mover in charge of a Proposed Law shall present a signed copy of it to the Clerk.
(b) The Clerk shall read the Proposed Law a first time.
(c) The proposed Law shall stand referred to the Permanent Parliamentary Committee on Constitutional Laws and Acts for its report in accordance with the practice of Parliament.
First required opportunity for debate (Second Reading).
222B. (a) The Speaker shall table reports, if any, on the Proposed Law from the Permanent Parliamentary Committee on Constitutional Laws and Acts.
(b) The mover may make his second reading speech and open the debate to be referred to as the first opportunity for debate as required by the Constitution.
(c) The debate may be adjourned from time to time, as decided by the Parliament.
(d) Amendments to the Proposed Law must be circulated before the conclusion of the first opportunity for debate.
Committee stage.
222C. (a) At the conclusion of the first opportunity for debate, if any amendments have been circulated in accordance with 222(B) above, the Parliament shall resolve itself into a Committee of the Whole for consideration of amendments to the Proposed Law.
(b) The normal rules of debate shall be adhered to in the Committee stages and only a question on each amendment shall be put.
(c) At the end of the consideration of all the amendments, whether agreed to or not, the Chairman shall report to the Speaker without any question being put.
First Vote.
222D. (a) On the report of the Chairman of Committees the Speaker shall put the question "That the Proposed Law, (with or without amendments), be agreed to". The question shall be decided by a vote, referred to as the First Vote, in accordance with the requirements of the Constitution.
(b) If no amendments have been circulated in accordance with 222p) above, the mover may seek leave to move "That the Proposed Law be now agreed to, without amendments", and such question shall be decided by a vote to be referred to as the First Vote, in accordance with the requirements of the Constitution.
(c) The First Vote to be recorded, must be supported by the majority prescribed by the Constitution.
(d) If the Proposed Law does not receive the support of the required majority, it lapses.
Adjournment for second required opportunity for debate - (Third Reading).
222E. (a) If the Proposed Law is supported by the required majority in the First Vote, the Speaker shall order the third reading be adjourned without question for at least two months as required by the Constitution.
(b) During the adjournment the Permanent Parliamentary Committee on Constitutional Laws and Acts may re-examine the Proposed Law, with or without amendments, and report to the Parliament.
Second required opportunity for debate - (Third Reading).
222F. Following the required period of adjournment, and when the order of the day is called on,
(a) The Speaker shall table further reports on the Proposed Law, if any from the Permanent Parliamentary Committee on Constitutional Laws and Acts: and
(b) The mover may move "That the Proposed Law be now read a third time" and make his speech to opens the debate, to be referred to as the second opportunity for debate, as required by the Constitution.
Second Vote
222G. (a) At the conclusion of the debate, the Speaker shall put the question "That the proposed Law be now read a third time".
(b) The question shall again be determined by a vote, to be referred to as the Second Vote.
(c) The Second Vote shall be recorded and must, be supported by the majority prescribed in the Constitution.
(d) If the proposed Law is supported by the required majority it shall be read a third time, and shall become law on the certification by the Speaker.
(e) If the proposed Law does not receive the support of the required majority, it lapses.
PART XX. - COMMITTEE OF THE WHOLE PARLIAMENT
Appointment of Committee.
223. A Committee of the Whole shall be appointed by resolution '"That the Parliament resolve itself into a Committee of the Whole" either immediately or at a future time.
Resolution into Committee.
224. When proceeding under Standing Order 203(c)(ii), or when an Order of the Day relating to a matter that stands committed to a Committee of the whole Parliament is reached -
(a) the Parliament shall resolve itself into a Committee of the Whole Parliament; and
(b) the Speaker shall leave the Chair,
without question being put.
Chairman of Committee.
225. As soon as the Speaker has left the Chair, the Chairman of the Committee shall take the Chair at the Table in accordance with Standing Order 18.
Subjects of Committee consideration.
226. A Committee shall consider such matters only as have been referred to it by the Parliament.
Decisions in Committee.
227. Every question in the Committee shall be decided in the same manner as in the Parliament, but the Chairman has only a casting vote and any reasons stated by him for exercising it shall be entered in the Minutes.
Votes in Committee.
228. A vote maybe demanded and taken in the Committee in, the same manner as in the Parliament.
Contradictory motions.
229. A motion contradicting a previous decision of the Committee shall not be entertained in the same Committee.
Seconding of motions.
230. A motion moved in the Committee need not be seconded.
Order in debate.
231. (1) Except as provided by these Standing Orders, the same rules for regulating the conduct of business shall be observed in the Committee as in the Parliament itself, and the Chairman of Committees has the same authority as the Speaker for the preservation of order.
(2) Disorder in the Committee may be censured by the Parliament only on receiving a report.
Resumption of Chair when disorder arises.
232. If any sudden disorder arises in the Committee, the Speaker may resume the Chair.
Adjournment of Committee of the whole Parliament.
233. A Committee may not adjourn its own Sitting or the consideration of any matter to a subsequent sitting.
Motion to report progress.
234. (1) A motion may be moved during the proceedings of a Committee. "That the Chairman do report progress and ask leave to sit again", and the question shall be put immediately and decided without amendment or debate.
(2) When the Chairman reports to the Parliament, the Speaker shall put a question to enable the Parliament to resolve itself again into the Committee either at a later hour during that Sitting or at a subsequent sitting.
Report when all matters considered.
235. When all matters referred to a Committee have been considered, the Chairman shall be directed to report them to the Parliament.
Resolutions of Committee.
236. The resolutions reported from a Committee may be taken into consideration immediately and may be -
(a) agreed to or disagreed to by the Parliament; or
(b) recommitted to the Committee,
or the further consideration of them may be postponed.
PART XXI. - FINANCIAL PROCEDURES
Supply and Appropriation Bills and taxation proposals.
237.[28] An appropriation or Supply Bill, or a Bill or proposal the principal provisions of which deal with taxation, may be submitted to the Parliament by a Minister without notice.
Message from the Governor-General.
238. (1) A proposal for the appropriation of any public money shall not be made unless the purpose of the appropriation has in the same Session been recommended to the Parliament by a message from the Governor-General.
(2) An amendment of any such proposal shall not be moved if it would increase, or extend the objects and purposes or alter the destination of, the appropriation so recommended unless a further message is received.
Initiation of taxation proposals.
239. (1) A proposal for the imposition, or for the increase or alleviation, of a tax or duty, or for the alteration of the incidence of such a charge, shall not be made except by a Minister.
(2) No Member, other than a Minister, may move an amendment to increase or extend the incidence of the charge defined in that proposal, unless the charge so increased or the incidence of the charge so extended exceeds that already existing by virtue of an Act of the Parliament.
Appropriation messages from the Governor-General.
240. (1) An appropriation message from the Governor-General shall be announced by the Speaker, but not during a debate or so as to interrupt a Member whilst he is speaking.
(2) A message recommending an appropriation of revenue or moneys for an Appropriation or Supply Bill shall be announced before the Bill to which it relates is presented.
(3) A Bill, other an Appropriation or Supply Bill, that requires an appropriation message from the Governor-General under Standing Order 238 may be presented and proceeded with (subject to Part XIX) before the message is announced.
(4) In a case to which Subsection (3) applies, the message shall be announced after the Bill has been read a second time.
(5) A message recommending appropriation of revenue or moneys for the purposes of an amendment to be moved to a Bill shall be announced before the amendment is moved.
PART XXII. - STRANGERS
Admission of strangers.
241. (1) Only the Speaker has the privilege of admitting strangers into the Speaker's Gallery.
(2) The Speaker may, with the concurrence of the Parliament, admit distinguished strangers to a seat on the floor of the Parliament.
Withdrawal of strangers.
242. (1) If at any sitting of the Parliament, or in Committee, any Member takes notice that strangers are present, the Speaker or the Chairman, as the case may be, shall immediately put the question "That strangers be ordered to withdraw", which shall be decided without debate.
(2) The Speaker or the Chairman may, whenever he thinks fit, order the withdrawal of strangers from any part of the Chamber.
Admission of strangers into body of Chamber.
243. While the Parliament or a Committee of the Whole is sitting, no Member may bring any stranger into any part of the Chamber set aside for Members of the Parliament.
PART XXIII. - PAPERS AND DOCUMENTS
Presentation of papers.
244. Papers may be presented by the Speaker or any Minister or pursuant to statute, and such papers shall be considered public.
Quotation of documents.
245. Unless it is stated to be of a confidential nature, a document relating to public affairs quoted by a Minister shall, if required by the Parliament, be laid on the Table.
Motions after paper presented.
246. (1) When a paper is presented to the Parliament, as provided in this Part, a Member may move without notice -
(a) that the Parliament take note of the paper; or
(b) that the paper be referred to the.................... Committee; or
(c) that the paper be incorporated in Hansard.
(2) If a motion referred to in Subsection (1)(b) is not moved at the time of presentation, it may be moved, on notice, on a subsequent day.
PART XXIV. - SELECT COMMITTEES
Appointment.
247. All select committees shall be appointed on motion, and shall consist of the mover and other Members to be nominated.
Change of membership.
248. Members may be discharged from attending a committee, and other Members may be appointed, after notice has been given.
Speaker and Deputy Speaker.
249. Except with his consent, Mr Speaker or the Deputy Speaker shall not be chosen to serve on a select committee.
Interested Members.
250. No Member may sit on a committee if he is personally interested in the inquiry before the committee.
Bringing-up of report.
251. (1) On the appointment of every committee, a day shall be fixed for the reporting of its proceedings to the Parliament, by which day the final report of the committee shall be brought up by the Chairman, unless further time be moved for and granted.
(2) The Parliament may at any time before the day fixed under Subsection (1) receive the final report of the committee.
Quorum in committees.
252. (1) In all committees, a quorum is three, unless otherwise ordered.
(2) If at any time the quorum is not present, the Chairman shall -
(a) suspend the proceedings of the committee until a quorum is present; or
(b) adjourn the committee.
Lack of quorum at time of meeting.
253. If after a lapse of a quarter of an hour from the time appointed for the meeting of a committee, there is not a quorum -
(a) the Members present may retire, and their names shall be entered in the minutes; and
(b) the Clerk attending the committee shall issue notices for the next meeting.
First meeting.
254. The mover of the motion for the committees shall fix the time for the first meeting of the committee.
Chairman.
255. (1) Before the commencement of business, every committee shall elect one of its Members to be Chairman.
(2) The Chairman shall have only a casting vote.
Record of votes and proceedings.
256. (1) An entry shall be made in the proceedings of the names of the Members attending each committee meeting and of every motion or amendment moved in the committee, together with the name of the mover.
(2) If a vote takes place in the committee, the Chairman shall record the names of the Member voting, showing the side of the question on which they each vote.
Adjournment and sitting of committees.
257. A committee may adjourn from time to time, and from place to place, and may meet during any Sitting or adjournment of the Parliament.
Power to send for persons, papers, etc.
258. The Parliament may give to a committee power to send for persons, papers and records.
Summoning of witnesses.
259. The Chairman of a committee shall direct the clerk attending the committee to summon the witnesses to be examined before such committee.
Examination of witnesses.
260. The examination of witnesses before every committee shall be conducted as follows:-
(a) the Chairman shall first put to the witness, in an uninterrupted series, all such questions as he thinks essential, according to the mode of procedure agreed on by the committee; and
(b) the Chairman shall then call on the other Members severally by name to put any other questions; and
(c) the name of every Member questioning a witness shall be noted and prefixed to the questions asked.
Admission of strangers.
261. When a committee is examining witnesses, strangers may be admitted, but they shall -
(a) be excluded at the request of any Member, or at the discretion of the Chairman of the committee; and
(b) withdraw when the committee is deliberating.
Admission of other Members.
262. Members of the Parliament who are not Members of the committee may be present when a committee is examining witnesses, but they shall -
(a) withdraw if requested by the Chairman or any Member of the committee; and
(b) be excluded when the committee is deliberating.
Disclosure of evidence.
263. The evidence taken by any select committee of the Parliament, documents presented to a committee and proceedings and reports of a committee that have not been reported to the Parliament shall not, unless authorised by the Parliament, be disclosed or published by any Member of the committee, or by any other person.
Progress reports.
264. By leave of the Parliament, a committee may report from time to time its proceedings with or without the evidence, or the evidence only.
Chairman to prepare report.
265. The Chairman of every committee shall prepare a draft report.
Consideration of draft report.
266. (1) The Chairman shall read to the committee, at a meeting convened for the purpose, the whole of his draft report, which may at once be considered, but if desired by any Member it shall be printed and circulated amongst the committee and a subsequent day fixed for its consideration.
(2) In considering the report, the Chairman shall read it paragraph by paragraph, proposing the question to the committee at the end of each paragraph "That it do stand part of the report".
(3) A Member objecting to any portion of the report shall move his amendment at the time when the paragraph he wishes to amend is under consideration, but no protest or dissent mav be added to the report.
Alternative draft report.
267. If any Member, other than the Chairman, submits a draft report to the committee, the committee shall first decide which report it will proceed on.
Reconsideration.
268. After the draft report has been considered, the whole or any paragraph of it may be reconsidered and amended.
Signature of report, etc.
269. Every report of a committee shall be signed by the Chairman, and any papers laid before the committee shall be endorsed by the clerk attending the committee.
Presentation of report and minutes.
270. The report of a committee, together with the Minutes of Proceedings, shall be presented to the Parliament by the Chairman, and the report may be read.
Consideration of report.
271. (1) On the presentation of a report, no discussion of the subject matter may take place, but the report may be ordered to be printed with or without the documents accompanying it.
(2) Consideration of the report shall be set down for a subsequent sitting, when a specific motion without notice in connection with it may be moved.
Payment of certain witnesses before committee.
272. (1) Payment at the discretion of the committee may be made to any professional or other witness or to persons whom the committee may think it is necessary to employ in furtherance of the inquiry with which the committee is charged.
(2) The Chairman's certificate on the face of an account is sufficient authority for its payment by the Clerk of the Parliament.
PART XXV. - WITNESSES
Summoning of witnesses.
273. Witnesses, other than members, shall be ordered to attend -
(a) before the Parliament, or a Committee of the Whole - by summons under the hand of the Clerk of the Parliament; or
(b) before a select committee - by summons under the hand of the clerk attending the committee.
Witnesses failing to attend, etc.
274. If a witness fails or refuses to attend or to give evidence, the Parliament, on being acquainted of that fact, shall deal with the matter.
Refusal of Member to attend select committees.
275. (1) If a select committee desires the attendance of a Member as a witness, the Chairman shall, in writing, request him to attend.
(2) If the Member refuses to come, or to give evidence or information as a witness to the committee, the committee shall acquaint the Parliament of the fact, and shall not again summon the Member to attend the committee.
Charges against Member.
276. If any information comes before any committee that charges any Member, the committee ought only to direct that the Parliament be acquainted of the matter of the information, without proceeding further on it.
Protection of witnesses.
277. Any witnesses examined before the Parliament, or a committee of the Parliament, are entitled to the protection of the Parliament in respect of anything that may be said by them in their evidence.
Examination of witnesses.
278. (1) A witness before the Parliament or a Committee of the Whole shall be examined at the Bar unless the Parliament or the Committee otherwise orders.
(2) When a witness appears before the Parliament, he may be examined by the Speaker, and any questions addressed by Members are taken to be put through the Speaker.
(3) In a Committee of the Whole, any Member may put questions directly to the witness.
A Member of the Parliament shall be examined in his place.
Withdrawal of witness if question objected to, etc.
279. If any question be objected to, or other matter arise, the witness shall withdraw while it is under discussion.
Giving of evidence of examinations, etc.
280. No officer of the Parliament or shorthand writer employed to take minutes of evidence before the Parliament or a committee of the Parliament may give evidence or provide tape recordings elsewhere in respect of any proceedings or examination of a witness, without the special leave of the Parliament.
PART XXVI. - SUSPENSION OF STANDING ORDERS
Motion for suspension without notice.
281. (1) In this section "absolute majority" means affirmative votes equal to more than one half of the total number of seats in the Parliament.
(2) In cases of necessity, any Standing Order of the Parliament may be suspended by the Parliament (but not by a Committee of the Whole), on motion, duly moved and seconded, without notice.
(3) A motion under Subsection (2) must be carried by an absolute majority of Members.
Motion for suspension on notice.
282. When a motion for the suspension of any Standing Order appears on the Notice Paper, the motion may be carried by a majority of votes.
Limitation of suspension.
283. The suspension of Standing Orders is limited in its operation to the particular purpose for which such suspension has been sought.
PART XXVII. - INTERPRETATION
Procedures, etc., where not provided for.
284. (1) In any matter not provided for in these Standing Orders, Mr Speaker shall decide.
(2) In deciding any question relating to procedure or the conduct of the business of the Parliament, in the absence of sessional or other orders or practice of the Parliament, Mr Speaker may resort to the usage and practice of the House of Representatives in the Parliament of Australia as far as the same may be applicable to this Parliament, and not inconsistent with these Standing Orders or with the practice of this Parliament.
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S.O.5
ELECTION OF SPEAKER
(Exhaustive Secret Ballot)
One Nomination -
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MEMBER (Mr_______________) addresses himself to the Clerk and proposes to the Parliament for its Speaker Mr_______________, and moves - "That he do take the Chair of this Parliament as Speaker" |
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MEMBER (Mr_________________) seconds the motion. |
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The Member nominated informs the Parliament whether he accepts nomination. |
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CLERK - "Is there any further proposal?" |
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If there is then no further proposal - |
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CLERK - "The time for proposals has expired". |
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No debate and no further proposal allowed. |
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CLERK - "I declare that the Member proposed (Mr_______________) has been elected as Speaker". |
Two or More Nomination -
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For each proposal - MEMBER (Mr_______________) addresses himself to the Clerk and proposes to the Parliament for its Speaker Mr_______________, and moves - "That he do take the Chair of this Parliament as Speaker". |
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MEMBER (Mr_______________) seconds the motion. The Member nominated informs the Parliament whether he accepts nomination. After each proposal is made and seconded - CLERK - "Is there any further proposal?". |
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If no further proposal is made - CLERK - "The time for proposals has expired". |
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Debate may then ensue, but must be relevant to the election. Each Member is limited to a five minutes speech. |
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During debate a Member may move (without notice and whether a Member is addressing the Parliament or not) - "That the question be now put". |
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- CLERK puts question. |
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- If numbers equal, question decided in negative. |
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After closure carried or debate ceases, election to proceed by ballot. |
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Ballot - Two Nominations - |
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CLERK - "In accordance with the practice of the Parliament, the Bells will be rung and a ballot taken. Ballot papers will be distributed and Members are asked to write on the ballot paper the name of the candidate for whom they wish to vote. |
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- The candidates are - |
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Mr_______________ Mr_______________" (in alphabetical order). |
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At the same time, the Clerk rings the Bells and the Deputy Clerk turns the sand-glass. The Clerk and the Deputy Clerk hand the ballot papers to Members.Ballot papers are initialled beforehand by the Deputy Clerk.The Clerk turns off Bells - the doors are NOT locked. |
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CLERK - "Will Members please write on the ballot paper the name of the candidate for whom they wish to vote. |
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The candidates are - |
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Mr_______________ votes; Mr_______________, votes (etc). Mr_______________, is declared elected". |
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Ballot - Three or More Nominations - |
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CLERK - "In accordance with the Standing Orders, the Bells will be rung and a ballot taken. Ballot papers will be distributed and Members are asked to write on the ballot paper the name of the candidate for whom they wish to vote. |
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The candidates are - |
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Mr_______________, Mr_______________, etc". (in alphabetical order). |
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The Bells are rung for two minutes. The Clerk and the Deputy Clerk hand initialled ballot papers to Members. After Bells stop - the doors are NOT locked. |
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CLERK - "Will Members please write on the ballot paper the name of the candidate for whom they wish to vote. |
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The candidates are - |
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Mr_______________, Mr_______________, etc". (in alphabetical order). |
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The Clerk and the Deputy Clerk, after collecting the ballot papers, count the votes and check that papers do not exceed Members present. |
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IF A CANDIDATE HAS MORE THAN A MAJORITY OF THE VOTES OF THE MEMBERS PRESENT HE IS THE SPEAKER. |
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The Clerk announces result. |
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If no candidate has a majority - CLERK - "The result of the ballot is - |
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Mr_______________, votes; Mr_______________, votes (etc)". |
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As no Member has a majority, Mr_______________, the Member with the smallest number of votes, is excluded and another ballot will be conducted after the Bells have been rung. |
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Proceed with ballot (or ballots, excluding the smallest recipient each time) as previously until a candidate has a majority of votes. |
After the Clerk announces that a Speaker has been elected -
The Member so elected is conducted to the Chair by the proposer and a seconder, and is received by the Clerks standing. He stands at the side of the dais and says -
"I wish to express my grateful thanks for the high honour that the Parliament has been pleased to confer upon me".
He thereupon sits down in the Chair.
Serjeant-at-Arms places the Mace on the Table.
Members offer their congratulations. Mr Speaker makes acknowledgment.
Equality of Votes in Ballots.
An equality of votes during the election of the Speaker could occur at the following points of the Proceedings -
A. Two nominations only; as a result of the ballot.
B. More than two nominations:-
(a) If at the conclusion of any ballot (ordinary or special), two or more of all the candidates have equal votes and one of them has to be excluded.
(b) When only two candidates remain in the final ballot: in this case the procedure is similar to (A).
An ordinary ballot determines a winner should a candidate have a majority of the votes of Members present.
A special ballot excludes the candidate with the least votes.
Procedure in Above Cases.
A. An equality of votes in an ordinary ballot between the two (remaining) candidates:
(i) The Clerk shall declare "By reason of an equality of votes the ballot is inconclusive".
(ii) The Clerk announces "Unless a nominee wishes to withdraw, another ballot will be held".
(iii) If one nominee withdraws, the other is declared Speaker.
(iv) If neither withdraw, another ballot is conducted, in the usual manner, after the Bells have been rung.
(v) Upon a further equality the Clerk announces "By reason of a further equality of votes the ballot is inconclusive, the sitting is suspended for 30 minutes and when the Parliament reassembles and a ballot taken again, unless this is rendered unnecessary by withdrawal".
(vi) Stage (v) is repeated until either a winner is obtained by ordinary ballot, or a withdrawal is made.
B. More than two candidates:
An equality of votes for candidates, one of whom has to be excluded before proceeding to the next ordinary ballot -
(i) The Clerk announces "A special ballot will be conducted at which there shall be submitted only the names of those candidates who have received equal votes".
(ii) A special ballot is conducted, in the matter of ordinary ballots, using only the names of those candidates who had an equality of votes.
(iii) The candidate with the least number of votes in the special ballot is excluded.
Should a further equality of votes occur for all candidates in the special ballot for the exclusion of a candidate, the procedure A. (v) above (suspension for 30 minutes, etc), is followed.
S.O. 13.
ELECTION OF DEPUTY SPEAKER
(Also for nomination of Governor-Generall)
One Motion for Appointment -
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MEMBER (Mr_______________) - "I move - That Mr_______________, be appointed Deputy Speaker of this Parliament". |
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MEMBER (Mr_______________) seconds the motion. |
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MR SPEAKER - "Is there any further motion?" |
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If there is then no further motion - MR SPEAKER - "The time for motions has expired" |
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No debate and no further motion allowed. |
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MR SPEAKER - "I declare that the Member proposed (Mr_______________) has been appointed Deputy Speaker of this Parliament". The Deputy Speaker is then congratulated by the Speaker and other Members and makes acknowledgment. |
Two or More Motions for Appointment -
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For each proposal - |
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MEMBER (Mr_______________) - "I move - That Mr_______________, be appointed Deputy Speaker of this Parliament". |
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MEMBER (Mr_______________ seconds the motion. |
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After each motion is made and seconded - |
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MR SPEAKER - "Is there any further motion?" If no further motion is moved - |
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MR SPEAKER - "The time for motions has expired".
Debate may then ensue, but must be relevant to the election. Each Member is limited to a five minute speech.
During debate a Member may move (without notice and whether a Member is addressing the Chair or not) - "That the question be now put". |
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MR SPEAKER - put question. If numbers equal, Mr SPEAKER to vote. |
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After closure is carried or debate ceases, the election to proceed by secret ballot. (Mr SPEAKER does not vote in any secret ballot). |
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MR SPEAKER - "In accordance with the practice of the Parliament, the Bells will be rung and a ballot taken. Ballot papers will be distributed and Members are asked to write on the ballot paper the name of the candidate for whom they wish to vote. |
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The candidates are - Mr_______________, Mr_______________, etc". (in alphabetical order). |
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At the same time, the Clerk rings the Bells and the Deputy Clerk turns the sandglass. The Clerk and Deputy Clerk hand initialled ballot papers to Members. The Clerk turns off Bells - Doors are NOT locked. |
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MR SPEAKER - "Will Members please write on the ballot paper the name of the candidate for whom they wish to vote. |
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The candidates are:- Mr_______________, Mr_______________, etc". (in alphabetical order). |
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The Clerk and Deputy Clerk, after collecting ballot papers, count votes and check the papers do not exceed Members present |
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The candidate with the greater number of votes shall be Deputy Speaker. |
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The Deputy Clerk enters result on announcement sheet, which is signed by the Clerk and Deputy Clerk, and the ballot papers are placed in a sealed envelope. |
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The Clerk reports ballot to Mr SPEAKER. MR SPEAKER - "The result of the ballot is -
Mr_______________, ..................... votes Mr_______________, ..................... votes; Mr_______________, ..................... votes; Mr_______________., is declared elected. |
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If there is an equality of votes - |
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MR SPEAKER - "As there is an equality of votes, 1 give my casting vote in favour of Mr_______________ Mr_______________ is therefore declared elected as Deputy Speaker of this Parliament".
The Deputy Speaker is then congratulated by the Members and makes acknowledgment. |
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Ballot - Three or More Nominations |
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MR SPEAKER - "In accordance with Standing Orders, the Bells will be rung and a ballot taken. Ballot papers will be distributed and Members are asked to write on the ballot paper the name of the candidate for whom they wish to vote. |
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The candidates are -
Mr_______________, Mr_______________, etc". (in alphabetical order). |
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The Bells are rung for two minutes. The Clerk and Deputy Clerk hand initialled ballot papers to Members. After Bells stop - the doors are NOT locked. |
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MR SPEAKER - "Will Members please write on the ballot paper the name of the candidate for whom they wish to vote. |
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The candidates are -
Mr_______________, Mr_______________, etc". (in alphabetical order). |
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The Clerk and the Deputy Clerk, after collecting the ballot papers, count the votes and check that papers do not exceed Members present. |
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IF A CANDIDATE HAS MORE THAN A MAJORITY OF VOTES HE IS ELECTED. |
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The Clerk reports ballot to Mr SPEAKER, who announces result of ballot and proceeds with congratulations as above. |
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If no candidate has a majority - MR SPEAKER - "The result of the ballot is -
Mr_______________, .................... votes; Mr_______________, .................... votes; Mr_______________, .................... votes; Mr_______________, .................... votes. |
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As no Member has a majority Mr_______________ the Member with the smallest number of votes is excluded and another ballot will be conducted".
Proceed with the ballot (or ballots, excluding the smallest recipient each time) as previously until a candidate has a majority of votes. Then proceed with congratulations as above. |
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Equality of Votes in Ballots. When there is an equality of votes between two candidates, one of whom must either be elected or excluded from further ballots as the case may be, the Speaker has a casting vote.
Where there is an equality of votes between three or more candidates, one of whom must be excluded, a special ballot (or further special ballot as the case may be) shall be conducted as for a similar situation in the election of a Speaker.
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INDEPENDENT STATE OF PAPUA NEW GUINEA
STANDING ORDERS OF THE NATIONAL PARLIAMENT
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INTRODUCTORY NOTE
Only the most minor and formal editorial changes have been made in the Standing Orders, but since this has involved some re-numbering of provisions a comparative table is set out below.
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Sections , etc in Revised Edition |
Original Reference |
Section etc in Revised Edition |
Original Reference |
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1 |
31 |
39 |
43 |
|
2 |
4 |
40 |
44 |
|
3 |
4 |
41 |
45 |
|
4 |
5 |
42 |
46 |
|
5 |
6 |
43 |
47 |
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6 |
7 |
44 |
48, 49, 50, 51 |
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7 |
8 |
45 |
52 |
|
8 |
9 |
46 |
53 |
|
9 |
10 |
47 |
54 |
|
10 |
11 |
48 |
55 |
|
11 |
12 |
49 |
56 |
|
12 |
13 |
50 |
57 |
|
13 |
14 |
51 |
58 |
|
14 |
15 |
52 |
59 |
|
15 |
16 |
53 |
60 |
|
16 |
17 |
54 |
61 |
|
17 |
18, 19 |
55 |
62 |
|
18 |
20 |
56 |
63 |
|
19 |
21 |
57 |
64 |
|
20 |
22 |
58 |
65 |
|
21 |
23 |
59 |
66 |
|
22 |
24 |
60 |
67 |
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23 |
25 |
61 |
68 |
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24 |
26 |
62 |
69 |
|
25 |
27 |
63 |
70 |
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26 |
28 |
64 |
71 |
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27 |
29 |
65 |
72 |
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28 |
30 |
66 |
73 |
|
29 |
31, 32, 33 |
67 |
73A |
|
30 |
34 |
68 |
74 |
|
31 |
35 |
69 |
75 |
|
32 |
36 |
70 |
76 |
|
33 |
37 |
71 |
77 |
|
34 |
38 |
72 |
78 |
|
35 |
39 |
73 |
79 |
|
36 |
40 |
74 |
80 |
|
37 |
41 |
75 |
81 |
|
38 |
42 |
76 |
82 |
1Standing Order 1 related to the title of the Standing Orders: its place has been taken by the heading. Standing Order 2 was a revoking provision, the operation of which has ended.
|
Section etc, in Revised Edition |
Original Reference |
Section etc in Revised Edition |
Original Reference |
|
77 |
83 |
128 |
139 |
|
78 |
84 |
129 |
140 |
|
79 |
85 |
130 |
141 |
|
80 |
86 |
131 |
142 |
|
81 |
87 |
132 |
143 |
|
82 |
88 |
133 |
144 |
|
83 |
89 |
134 |
145 |
|
84 |
90 |
135 |
146 |
|
85 |
91 |
136 |
147 |
|
86 |
92 |
137 |
148 |
|
87 |
93 |
138 |
149 |
|
88 |
94 |
139 |
150 |
|
89 |
95 |
140 |
151 |
|
90 |
96 |
141 |
152 |
|
91 |
97 |
142 |
153 |
|
92 |
98 |
143 |
154 |
|
93 |
99 |
144 |
155 |
|
94 |
100 |
145 |
156 |
|
95 |
101 |
146 |
157 |
|
96 |
102 |
147 |
158 |
|
97 |
103 |
148 |
159 |
|
98 |
104 |
149 |
160 |
|
99 |
105 |
150 |
161 |
|
100 |
106 |
151 |
162 |
|
101 |
107 |
152 |
163 |
|
102 |
108 |
153 |
164 |
|
103 |
109 |
154 |
165 |
|
104 |
110 |
155 |
166 |
|
105 |
111 |
156 |
167 |
|
106 |
112 |
157 |
168 |
|
107 |
113 |
158 |
169 |
|
108 |
114 |
159 |
170 |
|
109 |
115, 116 |
160 |
171 |
|
110 |
117 |
161 |
172 |
|
111 |
118 |
162 |
173 |
|
112 |
119 |
163 |
174 |
|
113 |
120 |
164 |
175 |
|
114 |
121 |
165 |
176 |
|
115 |
122 |
166 |
177 |
|
116 |
129 |
167 |
178 |
|
117 |
123, 124 125 126 127 |
168 |
179 |
|
118 |
128 |
169 |
180 |
|
119 |
130 |
170 |
181 |
|
120 |
131 |
171 |
182 |
|
121 |
132 |
172 |
183 |
|
122 |
133 |
173 |
184 |
|
123 |
134 |
174 |
185 |
|
124 |
135 |
175 |
186 |
|
125 |
136 |
176 |
187 |
|
126 |
137 |
177 |
188 |
|
127 |
138 |
178 |
189 |
|
Section etc , in Revised Edition |
Original Reference |
Section etc , in Revised Edition |
Original reference |
|
179 |
190 |
230 |
249 |
|
180 |
191 |
231 |
250 |
|
181 |
192 |
232 |
251 |
|
182 |
193 |
233 |
252 |
|
183 |
194, 195 |
234 |
253 |
|
184 |
196, 197, 198, 199 |
235 |
254 |
|
185 |
200 |
236 |
255 |
|
186 |
201 |
237 |
256 |
|
187 |
202 |
238 |
257 |
|
188 |
203 |
239 |
258 |
|
189 |
204 |
240 |
259 |
|
190 |
205 |
241 |
260 |
|
191 |
206 |
242 |
261 |
|
192 |
207 |
243 |
262 |
|
193 |
208 |
244 |
263 |
|
194 |
209 |
245 |
264 |
|
195 |
210 |
256 |
265 |
|
196 |
211 |
247 |
266 |
|
197 |
212 |
248 |
267 |
|
198 |
213 |
249 |
268 |
|
199 |
214 |
250 |
269 |
|
200 |
215, 216, 217 |
251 |
270 |
|
201 |
218 |
252 |
271 |
|
202 |
219 |
253 |
272 |
|
203 |
220 |
254 |
273 |
|
204 |
222 |
255 |
274 |
|
205 |
221 |
256 |
275 |
|
206 |
223 |
257 |
276 |
|
207 |
224 |
258 |
277 |
|
208 |
225 |
259 |
278 |
|
209 |
226 |
260 |
279 |
|
210 |
227 |
261 |
280 |
|
211 |
228 |
262 |
281 |
|
212 |
229 |
263 |
282 |
|
213 |
230 |
264 |
283 |
|
214 |
231 |
265 |
284 |
|
215 |
232 |
266 |
285 |
|
216 |
233 |
267 |
286 |
|
217 |
234, 235 |
268 |
287 |
|
218 |
236 |
269 |
288 |
|
219 |
237 |
270 |
289 |
|
220 |
238 |
271 |
290 |
|
221 |
239 |
272 |
291 |
|
222 |
240, 241 |
273 |
292 |
|
223 |
242 |
274 |
293 |
|
224 |
243 |
275 |
2951 |
|
225 |
244 |
276 |
296 |
|
226 |
245 |
277 |
297 |
|
227 |
246 |
278 |
298, 299, 300, 302 |
|
228 |
247 |
279 |
301 |
|
229 |
248 |
280 |
3032 |
|
Section etc , in Revised Edition |
Original Reference |
|
281 |
305 |
|
282 |
306 |
|
283 |
307 |
|
284 |
304 3082 |
Schedule 1 Appendix A
Schedule 2 Appendix B
1 No standing order was numbered 294.
2 Standing Order 308 has been omitted as being redundant.
[6] Ins 12 July 1988
Op 12 July 1988
[15] Om 12 July 1988
[20] Om 12 July 1988
[24] Am 7 September 1988
[28] Am 30 August 1988
Op 30 August 1988
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