AUSTRALASIAN FEDERAL CONVENTION.
MEMBERS: ALPHABETICAL LIST.
The Right Honorable CHARLES CAMERON KINGSTON, P.C., Q.C., M.P., Premier, South Australia.
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,
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,
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.
E. G. BLACKMORE, Esquire, Clerk of the Legislative Council and Clerk of the Parliaments,
AUSTRALASIAN FEDERAL CONVENTION.
2nd to 24th September, 1897.
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.
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.
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,
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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