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on board of all British ships whose last port of clearance or whose port of destination is in the commonwealth," 240; withdrawn, 252.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
COMMONWEALTH OF AUSTRALIA BILL: the Assembly of New South Wales, adding the provision that the parliament may not enact that any elector shall have more than one vote, 455; negatived, 457. Clause, as read, agreed to, 457.
Clause 31 (Qualification of members of house of representatives), 457.
Sub-clause 1. Amendment by the Council and Assembly of Tasmania, providing that no person shall be capable of being chosen, or of sitting or acting, as a representative of any state except he has been for three years a resident of the state for which he is chosen ; the seat of any senator or representative shall be declared vacant on his ceasing to be a resident of that state, except during such time as he may be a member of the executive government, 458; negatived, 458. Sub- clause, as read, agreed to, 458. Sub-clause 2 agreed to. Clause, as read, agreed to, 458.
Clause 32 (Members of states assembly ineli- gible for house of representatives), 459; postponed, 460; consideration resumed, 992. Clause negatived on amendment suggested by Council and Assembly of Tasmania, 993.
Clause 33 (Election of speaker of the house of representatives) agreed to, 460.
Clause 34 (Absence of speaker provided for), 460.
Clause 35 (Resignation of place in house of representatives), 460.
Clause 36(Vacancy by absence of member), 460. Amendment by the Council and Assembly of Tasmania, providing for vacancy by failure of attendance, without permission, for thirty consecutive sitting days, 460; amendment negatived, and clause, as read, agreed to,
Clause 37 (Issue of new writs) agreed to, 461. Clause 38 (Quorum of house of representa- tives) agreed to, 461.
Clause 39 (Voting in house of representatives), 461. Amendment by the Council and As- sembly of Victoria, providing that in case of a proposed amendment of the constitution the speaker may vote notwithstanding the votes are not equal, and in such case he shall not have a casting vote, 461; nega- tived, and clause, as read, agreed to, 463. Clause 40 (Duration of house of representa- tives), 463. Amendment by Assembly of Western Australia, providing that every house of representatives shall continue for four instead of three years, 463; negatived, and clause, as read, agreed to, 463. Clause 41 (Writs for general election), 463. Amendment by the Council and Assembly of Tasmania, providing that the first writs shall be issued within six months from the date of the establishment of the common- wealth, 463; negatived, and clause, as read, agreed to, 463.
Clause 42 (Continuance of existing election laws until the parliament otherwise pro- vides) agreed to, 464.
COMMONWEALTH OF AUSTRALIA BILL: Clause 43 (Questions as to qualifications and vacancies), 464. Amendment by the Council and Assembly of Tasmania providing that any question of a disputed election relating to a house of representatives shall be deter- mined by that house, 464. Clause post. poned, 466. Consideration resumed, 993. Amendment suggested by Council and As- sembly of Tasmania, negatived: After "re- presentatives" insert "or any question of a disputed election relating to that house,' and clause agreed to, 993.
Part IV.-Provisions relating to both houses. Clauses 44 to 53 postponed, 467.
Clause 44. "Until the parliament otherwise provides, each member, whether of the senate or of the house of representatives, shall re- ceive an allowance for his services of four hundred pounds a year, to be reckoned from the day on which he takes his seat," 993. Amendment suggested by the Council of South Australia and Council and Assembly of Tasmania: Omit "four," insert "three, negatived, 995; clause agreed to, 996. New clause to follow clause 44 suggested by the Council of South Australia: "No member of the senate or house of representatives whilst in receipt, out of the general revenue, of any official salary or annual sum shall be en- titled to receive any such payment as afore- said, except in so far as such payment may exceed the amount of such official salary or annual sum", negatived, 996. New clause suggested by the Council and Assembly of Tasmania: "44A. A member of a house of the parliament of a state shall be incapable of sitting in either house of the parliament of the commonwealth,"negatived by 24 to 10, 1011. New clause, suggested by the Council and Assembly of Tasmania : "44B. A member of either house of the parliament of the com- monwealth shall be incapable of being chosen or of sitting as a member of the other house of the parliament" agreed to, 1011. Clause 45. "Any person (1) who has taken an oath or made a declaration or acknowledg ment of allegiance, obedience, or adherence, to a foreign power, or has done any act whereby he has become a subject or a citizen, or entitled to the rights or privileges of a subject or a citizen, of a foreign power; or (II) who is an undischarged bankrupt or in- solvent, or a public defaulter; or (1) who is attainted of treason, or convicted of felony or of any infamous crime, shall be incapable of being chosen or of sitting as a member of the senate or of the house of representatives until the disability is removed by a grant of a discharge, or the expiration or remission of the sentence, or a pardon, or release, or otherwise," 1011. Amendment by Mr. Glynn that the words "until parliament otherwise provides" be inserted at the begin- ning of the clause, negatived by 26 to 8, 1015. Amendment suggested by the As- sembly of New South Wales to omit para- graph 2, negatived, 1019. Clause agreed to, 1022.
COMMONWEALTH OF AUSTRALIA BILL: Clause 46 (Place to become vacant on happen- ing of certain disqualifications) agreed to, 1022.
Clanse 47, paragraph 2. "Any person, being a member of the senate or of the house of repre- sentatives, who, in the manner or to the ex- tent forbidden in this section, undertakes, executes, holds, enjoys, or continues to hold, or enjoy, any such agreement, shall there- upon vacate his place," 1022. Amendment by the Hon. E. Barton: That the following words be inserted after the word "agree- ment," paragraph 2:-" from any part or share of it, or any benefit or emolument arising from it," agreed to, and paragraph, as amended, agreed to, 1022. Paragraph 3. "But this section does not extend to any agreement made, entered into or accepted by an incorporated company consisting of more than twenty persons, if the agreement is made, entered into, or accepted, for the general benefit of the company." Amend- ment by the Hon. I. A. Isaacs: That the word "twenty," paragraph 3, be omitted with the view to insert "tewnty-five," agreed to, 1027. Amendment by Mr. Glynn: That the following words be added to the clause :- and the person holds less than one-twen- tieth of the capital of the company," nega- tived by 26 to 7, 1028. Amendment by Council of New South Wales to omit para- graph 4 negatived, and clause, as amended, agreed to, 1028.
Clause 48. Paragraph 1. "If a member of the senate or of the house of representatives accept any office of profit under the Crown, not being one of the offices of state held during the pleasure of the governor-general, and the holders of which are by this consti- tution declared to be capable of being chosen and of sitting as members of either house of the parliament, or accepts any pension pay- able out of any of the revenues of the com- monwealth during the pleasure of the Crown, his place shall thereupon become vacant, and no person holding any such office, except as aforesaid, or holding or enjoying any such pension, shall be capable of being chosen or of sitting as a member of either house of the parliament," 1028. Amendment suggested by the Assembly of Victoria: Line 3, after "office," insert "except that of a justice of the high court," negatived, 1029. Para- graph 2. "Until the parliament otherwise provides, no person, being a member, or within six months of his ceasing to be a member, shall be qualified or permitted to accept or hold any office the acceptance or holding of which would, under this section, render a person incapable of being chosen Amend- or of sitting as a member," 1029. ment suggested by the Legislative Council of New South Wales: That paragraph 2 be omitted, agreed to by 19 to 10, 1034. Clause 49. (Penalty for sitting when disquali- fied), agreed to, 1034.
Clause 50. (Disputed elections), agreed to,
COMMONWEALTH OF AUSTRALIA BILL: Clause 51. "The senate and the house of repre- sentatives may each of them from time to time adopt standing rules and orders," 1035. Amendment by the Hon. I. A. Isaacs: that the word "standing" be omitted, agreed to, and clause, as amended, agreed to, 1035.
Part V.-Power of the Parliament. Clause 52. The parliament shall, subject to the provisions of this constitution, have full power and authority to make laws for the peace, order, and good government of the commonwealth with respect to all or any of the matters following, that is to say":-1035. Amendment suggested by the Assembly of Tasmania: to omit the words "for the peace, order, and good government of the common- wealth," negatived, 1037. Amendment sug- gested by Assembly of Victoria: to add the following words to sub-clause 1 providing for regulation of trade and commerce:- "Provided that all fermented, distilled, or other intoxicating liquors or liquids trans- ported into any state or territory or remain- ing therein for use, consumption, sale, or storage therein, shall upon arrival in such state or territory be subject to the operation and effect of the laws of such state or terri- tory to the same extent and in the same manner as though such liquors or liquids had been produced in such state or territory;" agreed to by 28 to 11, 1059. Sub-clause agreed to, 1065.
Sub-clause 2. "Customs and excise and boun- ties, but so that duties of customs and excise and bounties shall be uniform throughout the commonwealth, and that no tax or duty shall be imposed on any goods exported from one state to another," 1065. Amendment suggested by the Council of New South Wales: To leave out the words "customs and excise and bounties, but," negatived, and sub-clause agreed to, 1068. Sub-clause 3. "Raising money by any other mode or system of taxation; but so that all such taxation shall be uniform throughout the commonwealth,"1068. Amendment sug- gested by the Council of New South Wales: That sub-clause 3 be omitted, negatived, and sub-clause agreed to, 1068. Sub-clause 4. " 'Borrowing money on the pub- lic credit of the commonwealth," agreed to,
1068. Sub-clause 5. "Postal, telegraphic, tele- 1068. phonic, and other like services," Amendment suggested by Assembly of South Australia: to add "outside the limits of the commonwealth," negatived by 24 to 10, and sub-clause agreed to, 1069. Sub-clause 6. "Military and naval defence," agreed to, 1069.
Sub-clause 8. "Navigation and shipping," agreed to, 1069.
Sub-clause 9. "Ocean beacons and buoys, and ocean lighthouses and lightships," 1069. Amendment suggested by Assembly of Tas- mania: to omit "ocean" wherever occurring, negatived, and sub-clause agreed to, 1071.
COMMONWEALTH OF AUSTRALIA BILL: Sub-clause 10. "Astronomical and meteoro- logical observations," agreed to, 1071. Sub-clause 11. "Quarantine," agreed to, 1073. Sub-clause 12. "Fisheries in Australian waters beyond territorial limits," 1073. Amend- ment suggested by the Council of South Australia: to add "and in rivers which flow through or in two or more states," nega- tived by 19 to 13, 1073, and sub-clause agreed to, 1074.
Sub-clause 13. "Census and statistics," agreed to, 1074.
Sub-clause 14. "Currency, coinage, and legal tender," agreed to, 1074.
Sub-clause 15. " Banking, the incorporation of banks, and the issue of paper money," 1074. Amendment suggested by the Assembly of New South Wales and the Council of Tas- mania to insert after "banking" the words "excluding state banking not extending beyond the limits of the state concerned," agreed to, and sub-clause, as amended, agreed to, 1075.
Sub-clause 16. "Insurance, excluding state insurance, not extending beyond the limits of the state concerned," 1075. Amendment suggested by the Council of New South Wales before "insurance" first occurring to insert "assurance and," negatived, 1076. Amendment suggested by the Council of New South Wales: to omit "excluding state insurance not extending beyond the limits of the state concerned," negatived, 1076. Sub-clause agreed to, 1076.
Sub-clause 17. "Weights and measures," agreed to, 1076.
Sub-clause 18. " 'Bills of exchange and pro- missory-notes," agreed to, 1076. Sub-clause 19. Bankruptcy and insol- vency," 1076. Amendment suggested by the Council and Assembly of New South Wales and Council of Tasmania: to insert
after "insolvency ""and lunacy," nega- tived; and sub-clause agreed to, 1077. Sub-clause 20. " Copyrights, patents, and trade-marks," agreed to, 1077.
Sub-clause 21. "Naturalisation and aliens," agreed to, 1077.
Sub-clause 22. "Foreign trading and finan- cial corporations," agreed to, 1077. Sub-clause 23. Marriage and divorce," agreed to, 1082.
Sub-clause 24. "Parental rights and the cus- tody and guardianship of infants," 1082. Amendment by the Hon. E. Barton: to omit the figures 24, and to insert the words "and in relation thereto," agreed to, 1085. Sub-clause, as amended, agreed to, 1085.
Clause 54" Proposed laws having for their main object the appropriation of any part of the public revenue or moneys, or the imposi- tion of any tax or impost, shall originate in the house of representatives," 467. Amendment by the Council and Assembly of New South Wales, to omit the words "having for their main object," 467; agreed to, 469. Amend- ment (the Right Hon. G. H. Reid) omitting
COMMONWEALTH OF AUSTRALIA BILL: the words "the appropriation of " and in- serting the word " appropriating," 469; agreed to, 476. Amendment by the Assem- bly of Victoria omitting the words "the imposition of" and inserting the word "im- posing," 476; agreed to, 476. Amendment by the Assembly of Tasmania: That a pro- posed law which provides for the imposition and appropriation of fines, cr for the demand or payment and appropriation of fees or licenses, or for services, and does not other- wise impose any tax or appropriate any part of the public revenue, may originate in the house of representatives or the senate, 476; amendment amended verbally, 480; amend- ment by Mr. Glynn to insert after the word "services" the words " or as incidental to its policy of salaries," 480; negatived, 481; amendment by the Hon. E. Barton inserting after the word "revenue the words "or moneys," and omitting the words "either in the house of representatives or, " 481; agreed to, 481; amendment, as amended, agreed to, 481. Clause, as amended, agreed to, 481. Clause 55 (Appropriation and tax bills), sub- clause 1. "The senate shall have equal power with the house of representatives in respect of all proposed laws, except laws imposing taxation and laws appropriating the neces- sary supplies for the ordinary annual ser- vices or government which the senate may affirm or reject, but may not amend. But the senate may not amend any proposed law in such a manner as to increase any proposed charge or burden on the people." Amendment by the Council of Western Aus- tralia, omitting "laws imposing taxation and," 481; negatived by 28 to 19, 537 ; amendment by the Assembly of New South Wales, omitting "the necessary supplies for the ordinary annual services of the go- vernment," and inserting "any part of the public revenues or moneys," 538; negatived, 538; amendment by the Council of South Australia, providing that the senate may not amend any proposed law in such a manner as to increase any proposed charge or burden on the people, 538; negatived, 538; sub- clause 1, as read, agreed to, 538. Sub- clauses 2 and 3 agreed to, 539. Amendment by the Council and Assembly of Tasmania, providing that the law which appropriates the supplies for the ordinary annual ser- vices of the Government shall deal only with the appropriation of such supplies, 539; agreed to, 540. Sub-clauses 4 and 5 agreed to, 540. Clause, as amended, agreed to, 540. Clause 56 (Recommendation of money votes) agreed to, 541.
New clause by the Assembly of New South Wales: "57 (a.) If either house of parlia- ment shall, in two consecutive sessions of the same parliament, with an interval of at least six weeks between, pass and transmit to the other house for its concurrence there- in any proposed law which such other house fails to pass without amendment, within thirty days after receiving the same, in the second session, or within such period passes,
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