Parliamentary Debates

RULINGS-President, The-continued.

relevant to the amendment; and after it is
disposed of he may exercise his right of reply,

5345

When a debate is interrupted in pursuance of a
sessional order the senator then speaking does
not lose his right to continue his speech, 5384
Every senator who has spoken to the main
question may speak to an amendment; other
senators may speak to both the main question
and the amendment; and when that amend-
ment has been disposed of, every senator may
speak to a subsequent amendment, 5336-7
A senator who has moved an amendment cannot
speak again to the question and move another
amendment, 5573

A senator may not speak to a notice of motion
which he does not intend to move or to the
question for the consideration of a bill in
committee, 6184
Rulings.-The President has as much right as
any other senator to speak on a question;
but he will not take part in a debate on
a motion to dissent from his ruling, although
he ought to be permitted to if he desires
to alter or modify the ruling or to clear up
any matter which had been left vague, 4631
An objection to a ruling must be stated in
writing, and the debate adjourned to another
day, 5005

Supply Bills.-The first reading of a Supply
Bill may be debated, and the discussion need
not be relevant to its subject-matter, 5223
Vacation of Seat is caused by the absence of a
senator for two consecutive months without
leave, 6000

Vote of Senator.-It was not obligatory on
Senator Saunders to take the oath of allegi-
ance twice over, and therefore his vote in
committee on the Defence Bill should not be
disallowed, 4577, 4643, 4653

See BAKER, Senator Sir Richard

President, The Deputy.

Business of the Senate.—It is not competent for
the Senate, without suspending the standing
orders, to anticipate any orders on the paper
for a future day, 3236

See BEST, Senator

Speaker, Mr.

Amendments.-An amendment to a motion
before the House should not anticipate or
cover the same ground as a motion already
given notice of to appear on the next busi-
ness paper, 908

An amendment to a motion cannot be moved
after the mover has replied, 3785, 6404
An amendment must be relevant, 5437
An amendment dealing with the site of the
Federal Capital is not in order on a motion
for fixing the method for choosing the site,
5797, 5813

An amendment which is not a direct negative
of or irrelevant to the motion is in order,
5303

An amendment to an early part of a motion
should be put in such form as not to exclude
an amendment by a member who desires to
move to amend a later part, 5288

RULINGS-Speaker, Mr.-continued.

An amendment, consequential upon a decision
of the House, will be made, although not
formally moved, 5436

A member cannot move to amend his own
motion, 5437

An amendment to consider a complicated ques-
tion in committee may be moved, 5800

A member who has spoken and stated he has
an amendment to propose in words proposed
to be inserted when a blank is created may
move accordingly when the blank has been
created, 1170

A member having spoken to a question cannot
at a later stage speak again to move an
amendment, 2609

If a member gives an intimation to that effect
in his speech upon the general question, he
will be at liberty to move an amendment,
but without making a speech upon it, to a
later part of the question when an amend-
ment to an earlier part has been disposed of,
5285 but the terms of the amendment
should be intimated at the time; and if a
copy is handed in the Chair will put the
amendment in its proper order, 5414
Any member who has not spoken to the main
question may move an amendment, 5414
Appropriation (Works and Buildings) Bill is
not a measure providing for the ordinary
annual services of the year, and therefore the
amendments by the Senate are not unconsti-
tutional, 6145

Bills. A motion for recommitting a bill must

be made before the question for third reading
is put from the Chair, 1716

After the third reading has been put from the
Chair the time has passed at which any
amendment in the bill could be proposed,

4589

Business of the House.-Until the address in
reply is adopted, only formal business (which
does not include an unopposed motion) may
be dealt with, 125

On "grievance day" the first order of the day
must be either Supply or Ways and Means,
and it has to be called on within two hours
of the meeting of the House, 4318
When the standing orders have been sus-
pended to enable certain business to be done,
that business, though opposed, may be taken
after 11 o'clock, 5935

The discussion on a formal motion for adjourn-
ment must be interrupted at half-past four
o'clock; but the orders of the day may be
postponed until after the further considera-
tion of the motion for adjournment, 6377
The Appropriation Bill having been laid aside,
it is competent for the House, after rescind-
ing previous resolutions, to reconsider the
estimates, second
the
message from
Governor-General is not necessary, 6399
Debate. It is not customary to debate the
motion for first reading of a bill, but on the
motion that the second reading be made an
order of the day for a later day a member
may ask any question relating to the bill,

586

The remarks of a member must be relevant on
a motion for leave to introduce a bill, 1767,
5652; to fix the date for second reading of a

RULINGS—Speaker, Mr.-continued.

bill, 587, or resumption of a debate, 1514, or consideration of a message, 1963, 6401 ; for second reading of a bill, 716, 741, 912-4, 2527, 2791, 3369, 4052, 4253, 4284, 4398, 4400, 4441, 4450, 5687, or third reading, 1893, 4590-1, 5661 ; to receive and read a petition, 1011; to adjourn the House under standing order, 1115, 2960, 4844-7 ; to give precedence to Government business, 2305, 2309 ; to disapprove of electoral divisions, 3589 ; for a conference re Federal capital site,

5326-7 A member is not entitled to go beyond the

scope of the question, 1501, 1519, 1649, 2761, 3555-6, 3589, 3645, 3653, 3655, 3662-3, 3763, 3770, 3773, 3775, 3862, 3871-2, 5286-7, 5309, 5326-8, 5391, 5403, 5434, 5796, nor to anticipate the discussion on a motion, 2522, 3555-6, 5687, 5796, or a bill, 1440, 2791, 4322, 4345, 4844–7, 6414, or on fixing date for stage of bill, 5652, or on matters to be

dealt with in committee, 5797, 5813
On a motion for a conference to consider the

selection of the seat of Government a mem-
ber may not discuss the merits of a site, but
may discuss the insufficiency of the number
of sites on the list, 5286–7, 5424 ; the discus-
sion should be confined to the terms of the
“machinery” motion, 5299. On an amend-
ment as to the price of land it is competent
to discuss the question of deciding the site
on the basis of points, 5389, or the question

of relative values here and there, 5390
The subject-matter of a petition cannot be

debated on the motion that it be received

and read, 1011 On a motion for leave to introduce a bill a

member may discuss the lax methods of the

Government in regard to the bill, 1767
In speaking to the second reading of a bill, a

member should address his remarks as
speedily as he can to the consideration of its

provisions, 4052
Ou the second reading of the Conciliation and

Arbitration Bill a member is permitted to
refer to a strike only so far as is necessary to

illustrate his argument, 4253
The conduct or action of a member should not

be discussed on a motion for second reading

of a bill, 4450 On “grievance day” a member, though taking

" considerable latitude in ventilating a griev

ance, is not out of order, 4335
On the motion for adjournment, it is not im-

proper for a member to refer incidentally to
the subject-matter of a bill on the notice-
paper, so long as he does not discuss the bill,

6414
At the “report” stage on a bill, a member is

entitled to discuss the votes and proceedings
in committee but not to refer to any matter
which took place outside the committee,
or to votes that were not given in the com-

mittee, 6300-2
When a member has been called by the Chair,

and has risen, he must either proceed with

his speech or resume his seat, 743 Except by leave, no interpositions to debate

can be permitted, 745 Where an amendment has been moved both the original motion and the amendment are F.11443.

RULINGS-Speaker, Mr.—continued.

open to debate by any member who has not exercised his right of speech, 1649; provided

that the mover has not replied, 6404 Liberty of debate is not curtailed by the

moving of an amendment, 4321 Documents.—Unless it is stated to be of 'a con

fidential nature, or such as should more properly be obtained by address, a document relating to public affairs, quoted from by a minister, may be called for and made a

public one, 4614 Interruptions. — The repeated interruption of a

speaker is irregular, 51, 463, 466, 1014, 1997, 2002, 2165, 3456, 3645-6, 3653, 3658, 3664,

4588, 4592, 5300, 5302, 5407 Interjections across the chamber and conver

sations having no reference to the subject on which a member is addressing the Chair are

distinctly disorderly, 1712, 2226 Interjections are especially irregular when min

isters are replying to questions, 1961 The fairest opportunity should be given to

those who ask or answer questions, 5960 In order to facilitate debate interjections not

calculated or so frequent as to interrupt the

speaker are overlooked, 3664 An ordinary interjection is out of order when

it is too long, 3735 It is irregular to converse across the chamber,

3978, or to reply to a disorderly interjection,

4361 A member cannot make a speech while another

member is speaking to the question, 4260 A request from the Chair to desist from inter

jecting must be complied with, 4454, 4586,

4592 Language, Parliamentary.-- In his relation of a

private conversation elsewhere a member is not precluded from quoting the words

which were used, 4588 'Language, Unparliamentary. It is not in order to describe the statement of a member as

grossly unfair, 317; absolutely untrue, 447, 2761, 4420 ; false, 3202 ; most untruthful, 3784 ; cowardly, 5695 ; cant and

hypocrisy, 6381 to say a member has deliberately misled

the electors, 346 ; humbugged or deceived the electors, 368 ; had to do what he was told, 3786 ; says that which he knows is not true, 4406; has been humbugging the electors, 4591 ; was treacherous and false to federation, 6379; that the truth must not be spoken in the House,

6379 to impute improper motives, 346, 4533, 4623 ;

untruth, 4413; personal animus, 6381 to characterize a member as stupid, 1518 to accuse the Government of a conspiracy,

3649; a dastardly attempt, 4440; roguish

acts, 4587 to reflect upon a vote of the House, 3866 ;

or upon Parliament, 4602 to describe the conduct of a minister as

gerrymandering, 3740 ; a proposal before the House as a political crime, 4361; the action of any members as a backscratching proceeding, 4421 ; a majority in the House as brutal, 4533 ; any members as jackals, 4592

RULINGS-Speaker, Mr.--continued.
A member is required to withdraw a remark

which is considered offensive, 3786, 4364,
6381; or is a reflection upon a vote of the

House, 3866
An imputation of improper motives must be

withdrawn even though no objection be
taken to the use of the words. Other
words which are considered by a member
to be a reflection upon him or upon any
section of the House must be withdrawn upon
attention being called to them, although they
might not otherwise be considered offensive,

4533 The withdrawal of unparliamentary words

cannot be debated, 3202, and should be made by a member, not from his seat, but standing,

Rulings-Speaker, Mr.--continued.

breach of privilege is involved in the publica-
tion of a draft bill or a paper belonging to
ministers and not to the House, but a very
wide departure from parliamentary practice
is involved. The practice is that such docu-
ments should not find their way into the
press until they have been laid before the

House, 1758 9
Questions without Notice. - It is not out of order

to ask if a minister has any objection to lay

certain papers upon the table, 234–5 A member cannot debate the subject of a

question he is asking, 1013, 1014, 1102, 1962 The reply to a question cannot be interrupted

by a member for the purpose of asking another

4592 Members.--It is irregular for a member to

stand in any of the passages or gangways, 2521 ; or to turn his back to the Chair when speaking, 4423 ; or while sitting down to

address the Chair, 5386 No standing order requires a member to accept

an assertion by another member ; but the practice among gentlemen is to accept assu

rances as to matters of fact, 3756-7 A member is not prohibited from reading a news.

paper in the chamber, 4335 Motions.-A motion approving of an extension

of a mail contract does not require to be con

sidered in committee, 1656-7 Notice is required of a motion relating to the

supply of draft bills and other documents to the press before they have been laid before

ne House, 1758 Each paragraph of a complex motion will be

submitted separately, when desired, 5414 Papers. It is not competent for a private

member to lay a paper on the table, 4365 Personal Explanation.-A member can only

offer an explanation when no one is addressing

the House, 47 A personal explanation cannot be debated, 443 By leave, a member may make a personal explanation regarding a petition in which he is

misrepresented, 1011-12 A member cannot make an explanation in

regard to a petition he has presented unless

he has been misrepresented, 2012 It is competent for a member to explain any

circumstances in regard to which he has been misrepresented, but not to debate any

matter, 4365 Petitions. -A petition to the House cannot be

amended, 1011 Until its subject matter is known to the Chair,

a petition cannot be ruled out of order, 1011 Notice has to be given of a motion to print and

circulate a petition, 1519 Where a petition from a corporation is not

under seal it can be received only as from the persons whose names are attached to it,

2011, 2299 The motion for reception and reading of a

petition will be divided when required,

2299-2300 Privilege.- A question of privilege relating to

a statement in a newspaper must be raised in accordance with standing order No. 285. No

question, 1014 Every member may ask any ordinary question

and the Government have an equal right to

answer it or to ask for notice, 1523 A question cannot be asked until petitions have

been presented, 1758 A member is not obliged to answer a question

relating to a matter of which he is not in

charge, 3728-9 A member should not when asking a question

read a very lengthy extract, but may move

the adjournment of the House, 5048 Questions upon Notice. --A reply involving much

detailed information is not out of order, but is contrary to custom ; such a question shou

take the form of a motion for a return, 1185 Quotations and References. ---A member is not

permitted to read a document which has been read at a previous stage of the debate unless he desires to present a new argument

or interpretation, 295 A member may quote as a part of his reply a

letter in which he is asked by another mem. ber to call attention to a misconception of the arguments he used in discussing the

second reading of the bill, 839 A member is entitled to refer to a bill on the

business-paper as evidence of ministerial

delinquencies, 1440 A reference to the Senate is out of order, 3870 It is irregular in discussing one bill to refer to

another bill on the business-paper, 2791 A member may not refer to a previous debate of

same session, 2329, 3862, 3861, 3869, 3870-1, 3878, 4361, 4421, 4439, 4606, 4845 ; but he may make an incidental allusion to its

subject-matter, 3863 It is out of order to refer to, quote from, or

even incidentally allude to a previous debate

of the session, 4322-3 Previous debates of the session cannot be re

ferred to, but any facts eļicited during suca

debates may be referred to, 4398 A previous debate of the session, even when it

relates to the same question, cannot be referred to ; but a member may refer to the

figures which he used in that debate, 4436 A member may refer to the decisions of the

House preliminary to the introduction of a bill, and to any facts apart from the debates

terminating in such decisions, 4589 The proceedings on a bill in committee cannot

be referred to on the motion for adjournment, 4692

RULINGS-Speaker, Mr.-continued.

On a motion for adjournment to discuss the action of the Government in dropping a bill, only an incidental reference to details of its provisions is permitted, 4844, 4847. Reference is not permitted to an interjection which has been ruled out of order, 5434

Requests for Amendment.-The alteration of clause 2 of Sugar Bonus Bill should have been sought by the Senate by request and not by amendment, in accordance with the third sub-section of section 53 of the Constitution, as the amendment would increase a proposed charge on the people, 1963

Right of Speech.-By leave a member may continue his speech on a subsequent day, 496, 745-6, 1513, 3397, 3674, 5783; and such leave must be asked for, not moved for, 3674

A member cannot reply to a personal explanation by another member; but if he has been misrepresented in any way he may explain his position, 1012

On a formal motion for adjournment, a member cannot exceed the allotted time, except by leave, 1118, 2951, 2958

A member who has spoken to both the main question and an amendment to create a blank with a view to insert words may in his speech formally state an amendment to be proposed by him in such words, and when the blank has been created may move accordingly, 1170 The mover of a substantive motion cannot make

a second speech, except to close the debate, though by leave he may make a statement,

2605-6

Where a member during his speech asks a question and resumes his seat and a ministerial explanation has been made he cannot continue his speech, nor can he make an explanation unless he has been misunderstood, 2606

Strictly speaking, when a member resumes his seat, his right of speech has terminated, 4602

A member who has spoken to the question is not entitled at a later stage to speak again to move an amendment, 2609; but he may speak to any amendment before the House, 5414-5

If a member in his speech on the main question intimates his intention at a later stage, when some other amendment has been disposed of, to move an amendment, he cannot speak to that amendment, 5285, 5415 Ordinarily no member may make a statement except when there is a motion before the Chair; and if there is to be a general debate on a ministerial statement the Prime Minister must submit a motion, 2617 The right of reply when exercised closes the debate, 2762, 3785, 3864, 4348, 6404 The right of reply can be exercised while an amendment to the question is pending, 6404 A member is not entitled to move the adjournment of the debate after he has been speaking to the question, 3863, 5657; but with concurrence it may be done, 5222

A member after debate has been closed by reply of mover cannot speak to a motion when put as amended, 4349

TRADE AND CUSTOMS—continued.
CONCILIATION AND ARBITRATION.
House of Representatives :
Obs. by Mr. S. Smith as to Bill relating to,

2360 ; question by Mr. Watson, 2416 ;
question by Sir M. McEacharn as to
supply of copies of Bill, 2803; Mr. Glynn
as to division on second reading, 3546 ;
expl. by Mr. Reid, 3642; Sir W.
McMillan, 3643 ; question by Mr. Knox
as to distribution of draft copies of Bill,

3728 Obs. by Mr. J. Cook as to necessity for

expedition, 4363; by Mr. Watson and Sir E. Barton, 4364 ; expl. by Mr. J. Cook, 4365 ; by Mr. Deakin, 4366 ; statement by Sir E. Barton as to abandonment of Bill, 4838 ; motion for adjournment by Mr. Reid to discuss action of Government, 4840; question by Mr. Kingston as to policy of Government in regard to, 5008, 5048, and its relation to Western Australian shipping, 5106, 5386 ; obs. by Mr. McDonald, 6427; Mr. Kingston, 6431 ; Mr. Deakin, 6432

See Bills, and Parliament.

TRADE AND CUSTOMS—continued.
CUSTOMS PROSECUTIONS.
House of Representatives :
Motion by Mr. G. B. Edwards for return

as to, 908, 1491
Question by Mr. S. Smith as to Goldring's

case, 586; 068., 1013-14 ; by Mr. Higgins,

842 ; obs. on Supply motion, 1403-39 Question by Mr. Thomson as to Tingey's

case, 12; Mr. Reid, 1864 Senate : Question by Senator Pulsford as to col

lection of fines by the Commonwealth and Victoria, 968; as to allotment of fines, 1574; as to reading of section 240

of Customs Act, 2187 Question by Senator Pulsford as to prose

cution of Farmer and Co., 2363, 3235; obs., 5833; by Senator Drake, 5834 ; by Senators Walker, McGregor, and Puls

ford, 5835 Question by Senator Pulsford as to remarks

on, by Mr. Dwyer, P.M., 1820 ; by Senator Gould as to number of, 1574

EXCISE DUTIES.
House of Representatives :
Question by Mr. Conroy as to alleged non-

payment of sugar excise duty, 12

CUSTOMS COLLECTIONS.
House of Representatives :
Question by Mr. Crouch as to falling off in,

3729
Question by Mr. Thomson as to operation

of sections 92 and 93 of Constitution,

234, 329, 4501 ; obs. by Mr. Kingston, 384 Senate: Motion by Senator Macfarlane for return

to Tasmanian collections, 1916; question, 4974; obs. by Senator O'Connor,

2910 Obs. on Supply Bill as to refunds to Tas

mania, by Senator Macfarlane, 5376 ;

Senator Gould, 5382
Question by Senator McGregor as to July

collections, 3788
Question by Senator Stewart as to falling

off in collections, Queensland, 5736

FISCAL REFERENDUM.
Senate :
Motion by Senator De Largie for, proposed,

5330; amendment by Senator Higgs
moved, 5336, and negatived, 5346 ;
motion negatived, 5347

INTER-STATE CERTIFICATES.
House of Representatives :
Question by Mr. G. B. Edwards as to,

1490; obs. by Mr. V. L. Solomon, Sir
W. Lyne, and Mr. L. E. Groom, 6146;
Mr. Fisher, 6411; Mr. L. E. Groom,
6418; Sir W. Lyne, 6424; Mr. Kingston,
6429

INTER-STATE COMMISSION.
Senate :
Question as to necessity for appointing, by

Senator Dobson, 1574
House of Representatives :
Question by Mr. Kirwan as to Bill relating

to, 4749

CUSTOMS OFFICERS.
House of Representatives :
Question by Mr. Crouch as to wreck of

Inrerlochy, 531
Question by Mr. G. B. Edwards as to re-

tirement of, 1521
Question by Mr. Hughes as to overtime,

1524 ; by Mr. Fuller, 5672 Question by Mr. Mauger as to Sunday

work, 6251 Obs. by Mr. Mahon as to payment of States

officials acting as, 2229; Sir E. Barton,

2240 Question by Mr. Willis as to leave to,

5782, 5961, 6103 Question by Mr. Fowler as to reduction

of staff, Perth, 4501

INTER-STATE FREE-TRADE.
House of Representatives :
Question by Sir J. Quick as to establish-

ment of, 685
Question by Mr. Kennedy as to collection

of border duties, 6249

Senate.
Question by Senator McGregor as

supply of uniforms to, 6149

MEAT SUPPLY.
House of Representatives :
Questions as to dearness of, by Mr.

McDonald and Mr. O'Malley, 1181

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Parliamentary Debates: Senate and House of Representatives, Količina 17