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AUSTRALASIAN FEDERAL CONVENTION.

MEMBERS: ALPHABETICAL LIST.

President:

The Right Honorable CHARLES CAMERON KINGSTON, P.C., Q.C., M.P., Premier, South Australia.

Chairman of Committees:

The Honorable Sir RICHARD CHAFFEY BAKER, K.C.M.G., President of the Legislative Council, South Australia.

Members of the Convention.

1. Abbott, The Honorable Sir Joseph Palmer, K.C.M.G., M.P.

2. Baker, The Honorable Sir Richard Chaffey, K.C.M.G., M.P.

3. Barton, The Honorable Edmund, Q.C., M.P. 4. Berry, The Honorable Sir Graham,

K.Č.M.G., M.P.

5. Braddon, The Right Honorable Sir Edward Nicholas Coventry, P.C., K.C.M.G., M.P. 6. Briggs, The Honorable Henry, M.P.+ 7. Brown, The Honorable Nicholas John, M.P.

8. Brunker, The Honorable James Nixon, M.P. 9. Carruthers, The Honorable Joseph Hector, M.P.

10. Clarke, Matthew John, Esquire, M.P. 11. Cockburn, The Honorable John Alexander, M.D., M.P.

12. Crowder, The Honorable Frederick Thomas, M.P.t

13. Deakin, The Honorable Alfred, M.P. 14. Dobson, The Honorable Henry, M.P. 15. Douglas, The Honorable Adye, M.P. 16. Downer, The Honorable Sir John William, Q.C., K.C.M.G., M.P.

17. Fraser, The Honorable Simon, M. P. 18. Forrest, The Right Honorable Sir John, P.C., K.C.M.G., M.P.

19. Fysh, The Honorable Sir Philip Oakley, K.C.M.G., M.P.

20. Glynn, Patrick McMahon, Esquire, B.A., LL.B., M.P.

21. Gordon, The Honorable John Hannah, M.P.

22. Grant, The Honorable Charles Henry, M.P. 23. Hackett, The Honorable John Winthrop,

M.P.

24. Hassell, Albert Young, Esquire, M. P. 25. Henning, The Honorable Andrew Harriot, M.P.†

26. Henry, The Honorable John, M.P. 27. Higgins, Henry Bournes, Esquire, M.P. 28. Holder, The Honorable Frederick William, M.P.

29. Howe, The Honorable James Henderson, M.L.C.

30. Isaacs, The Honorable Isaac Alfred, M.P. 31. James, Walter Hartwell, Esquire, M.P. 32. Kingston, The Right Honorable Charles Cameron, P.C., Q.C., M.P.

33. Leake, George, Esquire, M.P.
34.

Lee-Steere, The Honorable Sir James George,
Knight, M.P.

35. Lewis, The Honorable Neil Elliott, M.P.
Loton, William Thorley, Esquire, M.P.
36. Lyne, William John, Esquire, M.P.
37. McMillan, William, Esquire, M. P.
38. Moore, The Honorable William, M.P.
39. O'Connor, The Honorable Richard Edward,
Q.C., M.P.

40. Peacock, The Honorable Alexander James, M.P.

Piesse, The Honorable Frederick Henry,
M.P.*

41. Quick, John, Esquire, LL.D.

42. Reid, The Right Honorable George Houstoun, P.C., M.P.

Sholl, Robert Frederick, Esquire, M.P.* 43. Solomon, Vaiben Louis, Esquire, M.P. 44. Symon, Josiah Henry, Esquire, Q.C.

Taylor, The Honorable John Howard, M. P. 45. Trenwith, William Arthur, Esquire, M.P. 46. Turner, The Right Honorable Sir George, P.C., K.C.M.G., M.P.

47. Venn, The Honorable Harry Whittal, Esquire, M.P.+

48. Walker, James Thomas, Esquire.

49. Wise, Bernhard Ringrose, Esquire. 50. Zeal, The Honorable Sir William Austin, K.C.M.G., M.P.

Clerk:

E. G. BLACKMORE, Esquire, Clerk of the Legislative Council and Clerk of the Parliaments,

South Australia.

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INDEX TO DEBATES

OF THE

AUSTRALASIAN FEDERAL CONVENTION.

2nd to 24th September, 1897.

INDEX TO SUBJECTS.

ABSENCE, LEAVE OF :

Motion by the Hon. E. Barton: That leave of
absence be granted to Mr. George Leake,
on account of urgent private affairs, agreed
to, 155.
ACKNOWLEDGMENT OF HOSPITALITY: OFFICERS
OF THE CONVENTION:

Observations by the Hon. Sir Richard Baker,
1092; the Hon. Sir Philip Fysh, the Hon.
A. Deakin, the Right Hon. Sir John Forrest,
1093; the Hon. J. N. Brunker, the Hon.
Sir Joseph Abbott, 1094.
ADJOURNMENT:

Observations respecting, the Hon. E. Barton,
3, 94, 1091, 1107, 1109; the Hon. A. Deakin,
94, 1108; the Hon. F. W. Holder, 1091; the
Right Hon. Sir John Forrest, 1108; the
Hon. J. N. Brunker, 1109; the Right Hon.
Sir E. Braddon, 1109; the Hon. Sir Richard
Baker, 1109; the President, 1110.
ADDRESS TO HER MAJESTY THE QUEEN:
Her Majesty the Queen's reply to the Con-
vention's address of loyalty and congratu-
lations; motion by the Hon. E. Barton:
that the reply be recorded upon the pro-
ceedings of the Convention, agreed to, I.
AMENDMENTS:

Observations respecting by the Hon. Sir James
Lee-Steere, the Hon. E. Barton, 223.
AMENDMENTS OF LEGISLATURES :

Amendments suggested by the various legisla
tures in the draft constitution, presented,
2, 4.

BROWN, THE HON. N. J. :

Personal explanation as to paragraph in Sydney
Morning Herald, 4.
COMMONWEALTH OF AUSTRALIA BILL:
Preliminary Provisions.

In Committee:

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Clause 1 (Short title), 224. Amendment by
Council, New South Wales, to omit
monwealth" and insert "dominion," 224;
negatived, 225. Amendment by Hon. E.
Barton omitting "The Constitution of the
Commonwealth of Australia," and inserting
"The Commonwealth of Australia Consti-
tution Act," agreed to, 225. Clause, as
amended, agreed to, 225.

COMMONWEALTH OF AUSTRALIA BILL:
Clause 2 (Act to bind Crown), 225; agreed to,
227.
Clause 3 (Power to proclaim commonwealth of
Australia), 227. Amendment by Hon. R. E.
O'Connor, providing that the proclamation
must be issued within one year after the
passing of the act, agreed to, 228. Amend-
ment by Council, New South Wales, to omit
"federal," negatived, 223. Amendment by
Mr. Symon to omit "the commonwealth
of" negatived, 228. Clause, as amended,
agreed to, 228.

Clause 4 (Commencement of act), 228. Amend-
ment by Council and Assembly, Tasmania,
omitting "unless it is otherwise expressed
Amend-
or implied," 228; agreed to, 230.
ment by Council and Assembly, New South
Wales, to omit "this act," agreed to, 230.
Amendment by Council and Assembly, Tas-
mania, to insert "the provisions of this act
relating to the constitution of the common-
wealth," amended, on motion by Hon. E.
Barton, by omitting "the provisions of this
act relating to," and agreed to, 230. Amend-
ment by Council and Assembly, Tasmania,
inserting "but the parliaments of the several
colonies may at any time after the passing
of this act make any such laws, to come into
operation on the day so appointed, as they
might have made if the constitution had
been established at the passing of this act,'
230; agreed to, 231. Clause, as amended,
agreed to, 231.

Clause 5 ("States"), 231. Amendment by
Council, New South Wales, defining "origi
nal states" and "new states," 231; with-
drawn, 239. Clause postponed, 239; con-
sideration resumed, 986. Amendment sug-
gested by the Council of New South Wales:
Add at the end of clause "Original states
shall be taken to mean such states as forin
part of the dominion at the date of its
establishment. New states shall be taken
to mean such states as may thereafter be ad-
mitted into or constituted by the dominion."
Amendment by Mr. Solomon: That there
be inserted after the word "Australia,"

COMMONWEALTH OF AUSTRALIA BILL :
line 5, the words "including the northern
territory of South Australia," agreed to,
987. Amendment by the Hon. E. Barton:
that the amendment suggested by the Coun-
cil of New South Wales be amended by
omitting the words "new states shall be
taken to mean such states as may thereafter
be admitted into or constituted by the
dominion," agreed to, 987. Amendment of
the Council of New South Wales, as amended,
agreed to, 987. Clause, as amended, agreed
to, 987.

Clause 6 (Repeal of 48 and 49 Victoria, chapter
60), agreed to, 239.

Clause 7 (Operation of the constitution and
laws of the commonwealth), 239. Amend-
ment by Council, New South Wales, omit-
ting "and all treaties made by the common-
wealth," 239; agreed to, 240. Amendment
by the Right Hon. G. H. Reid to omit "and
the laws and treaties of the commonwealth
shall be in force on board of all British ships
whose last port of clearance or whose port
of destination is in the commonwealth," 240;
withdrawn, 252. Amendment by Council,
South Australia, to insert "in addition to
the laws of Great Britain," 240; negatived,
253. Amendment by Council, Victoria,
omitting "and the laws and treaties of the
commonwealth shall be in force on board of
all British ships whose last port of clearance
or whose port of destination is in the com-
monwealth," negatived, 253. Amendment
by Council, New South Wales, omitting
"and treaties," agreed to, 253. Amend.
ments by Council, New South Wales, in-
serting excepting her Majesty's ships and
vessels of war," inserting "first" instead
of "last" before "port of clearance," in-
serting "and" instead of "or," and insert-
ing are instead of "is," agreed to, 253.
Clause, as amended, agreed to, 253.

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Chapter I.-The Parliament.
Part I.-General.

Clause 1 (Legislative powers), 253. Amend-
ments by Council, New South Wales, to
omit "federal," to omit "representatives,"
and to insert "assembly," negatived, 253.
Clause, as read, agreed to, 253.
Clause 2 (Governor-General), 253; postponed,

254.

Clause 3 (Salary of Governor-General), 254.
Amendments by Council and Assembly,
South Australia, to reduce the salary from
£10,000 to £8,000 and £7,000, respectively,
negatived, 254. Amendment by Mr. Glynn,
to omit "the salary of a governor-general
shall not be altered during his continuance
in office," negatived, 254. Clause, as read,
agreed to, 254.

Clauses 4 (Application of provisions relating
to governor-general) and 5 (Oath of allegi-
ance) agreed to, 254.

Clause 6 (Governor-General to fix time and
places for holding session of parliament.
Power of dissolution of house of representa-
tives. First session of parliament), 254.

COMMONWEALTH OF AUSTRALIA BILL:
Amendment by Assembly, South Australia,
to provide for dissolution of senate as well
as of house of representatives, 254. Clause
postponed, 256; agreed to, 987.
Clause 7 (Yearly session of parliament) agreed
to, 256.

Clause 8 (Privileges, &c., of houses) agreed to,
256.

Part II.-The Senate.

Clause 9 (The Senate), 256.

Paragraph 1. Amendment by Council and
Assembly, New South Wales, to provide for
proportional representation, according to
population, of each state, but that no state
should have less than three senators, and
that the senate should consist of not less
than forty members, 258; negatived, 355.
Paragraph, as read, agreed to, 355.
Paragraph 2. Amendment by the Legislatures
of New South Wales, Victoria, South Aus-
tralia, Tasmania, and Western Australia
to omit the words "as one electorate,"
360; negatived, 391. Amendment by Mr.
McMillan, providing for the election of the
senators by the people of the senate as one
electorate until the parliament otherwise
determine, 373; agreed to, 390. Paragraph,
as amended, agreed to, 391.

Paragraph 3. Amendment by the Assembly
of Victoria, omitting the provision that the
names of the senators chosen for each state
shall be certified by the Governor to the
Governor-General, 391; negatived, and
paragraph, as read, agreed to, 394.

Paragraph 4. Amendment by the Assembly
of Victoria, providing that the parliament
shall have power to increase or diminish the
number of senators for each state, but ex-
cept in the case of new states, which after
the establishment of the commonwealth are
admitted upon other terms or conditions,
the equal representation of the several states
shall be maintained, 394; agreed to, 415;
paragraph, as amended, agreed to, 416.
Paragraph 5. Amendment by the Assembly
of South Australia that senators shall be
elected in all the federated states on the
basis of one adult one vote, 416; negatived
417. Amendment by the Council and As-
sembly of Tasmania omitting the proviso
that if any elector votes more than once he
shall be guilty of a misdemeanour, 417;
agreed to, 419. Amendment by the Assem-
bly of Victoria that no elector who has at
the establishment of the commonwealth, or
who afterwards acquires a right to vote at
elections for the more numerous house of
the parliament of the state, shall, whilst
the right continues, be prevented by any
law of the commonwealth from voting at
elections for senators, 419; negatived, and
clause, as amended, agreed to, 420.
Clauses 10 to 23 postponed, 420.
Clause 10, paragraph 1 (Mode of election of
senators), 987. Amendment suggested by
Council and Assembly of Tasmania: Omit
"the parliament of the commonwealth may

COMMONWEALTH OF AUSTRALIA BILL:
make laws prescribing a uniform manner of
choosing the senators. Subject to such laws,
if any." Amendment suggested by Assem-
bly of Victoria: After "prescribing" insert
"the times, places, and." Amendment sug-
gested by Council and Assembly of Tasmania
negatived, 987. Amendment suggested by
Assembly of Victoria agreed to, 988.
Paragraph 2. "Until such determination, and
unless the parliament of the commonwealth
otherwise provides, the laws in force in the
several states for the time-being, relating to
the following matters, namely." Amend-
ment suggested by Council and Assembly
of Tasmania: After "determination" omit
"and unless the parliament of the common-
wealth otherwise provides." Amendment
agreed to, 988. Paragraph 2, as amended,
agreed to, 988. Clause, as amended, agreed
to, 989.

Clause 11 (Failure of a state to choose mem-
bers not to prevent business) agreed to,
989.

Clause 12 (Issue of writs) agreed to, 989.
Clause 13 (Retirement of members) agreed to,
989.

Clause 14. "If the place of a senator becomes
vacant before the expiration of his term of
service the houses of parliament of the state
he represented shall, sitting and voting
together, choose a person to fill the vacancy
until the expiration of the term or until the
election of a successor as hereinafter pro-
vided whichever first happens. And if the
houses of parliament of the state are in
recess at the time when the vacancy occurs
the governor of the state, with the advice
of the executive council thereof, may ap-
point a person to fill the vacancy until the
beginning of the next session of the parlia-
ment of the state or until the election of a
successor, whichever first happens." Amend-
ment suggested by the Council and Assembly
of Tasmania: that after the word "until,'
line 13, the words "the expiration of four-
teen days after" be inserted, agreed to, 989.
Clause, as amended, agreed to, 989.
Clause 15. "The qualifications of a senator

shall be those of a member of the house of re-
presentatives," 989. Amendment suggested
by the Council of Victoria, to add at the end
of clause "with the exception that he must
be of the full age of 30 years," negatived by
29 to 4, 990. Clause agreed to, 990.
Clause 16 (Election of president of the senate)
agreed to, 990.

Clause 17 (Absence of president provided for)
agreed to, 990.

Clause 18 (Resignation of place in senate)
agreed to, 990.

Clause 19. "The place of a senator shall be-
come vacant if for two consecutive months
of any session of the parliament he, without
the permission of the senate, entered on its
journals, fails to attend the senate," 990.
Amendment suggested by Assembly of Tas-
mania: After "for," line 2, omit "two con-

COMMONWEALTH OF AUSTRALIA BILL:
secutive months of." Insert "thirty con-
secutive sitting days in "; negatived and
clause agreed to, 990.

Clause 20 (Vacancy in senate to be notified to
governor of state) agreed to, 991.
Clause 21. "Until the parliament otherwise
provides, any question respecting the quali-
fication of a senator, or a vacancy in the
senate, shall be determined by the senate,"
991. Amendment suggested by the Coun-
cil and Assembly, Tasmania: Line 4, after
"senate" insert "or any question of a dis-
puted election relating to the senate," nega-
tived, and clause agreed to, 991.

Clause 22. "The presence of at least one-third
of the whole number of senators shall be
necessary to constitute a meeting of the
senate for the exercise of its powers," 991.
Amendment by Mr. Higgins to insert at the
beginning of the clause the words "until
the parliament otherwise decides," agreed
to, and clause, as amended, agreed to, 992.
Clause 23 (Voting in senate) agreed to, 992.

Part III.—The House of Representatives.
Clause 24 (Constitution of house of representa-
tives), 420.

Paragraph 1. Amendment by the Council and
Assembly of Western Australia, providing
for the house of representatives to be com-
posed of members subject to the provisions
of sub-section 3, 420; negatived, 420.
Amendment by the Assemblies of Victoria
and New South Wales, to omit the provision
that, as nearly as practicable, there shall be
two members of the house of representatives
for every one member of the senate, 420;
negatived, 452. Paragraph, as read, agreed
to, 452.

Paragraph 2. Amendment (verbal) by the
Hon. E. Barton, 452; agreed to, 453. Para-
graph, as amended, agreed to, and clause,
as amended, agreed to, 453.

Clause 25 (Provision for case of persons not
allowed to vote), 453. Amendment by the
Council and Assembly of New South Wales,
to omit the clause, 453. Clause agreed to,
454.

Clause 26 (Mode of calculating number of
members) agreed to, 454.

Clause 27 (Representatives in first parliament)
agreed to, 454.

Clause 28 (Increase of number of house of
representatives) agreed to, 454.

Clause 29 (Electoral divisions), 454. Amend-
ment by the Assembly of Tasmania, omitting
the words "until the parliament otherwise
provides," 454; negatived, 454. Amend-
ment by the Legislative Council and Legis-
lative Assembly of Victoria, omitting the
proviso that until division each state shall
be one electorate, 454; negatived, 455.
Clause, as read, agreed to, 455.
Clause 30 (Qualification of electors), 455.
Amendment by the Legislature of Tasmania,
omitting "and if any elector votes more
than once he shall be guilty of a misdemean-
our," 455; negatived, 455. Amendment by

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