HOUSE OF ASSEMBLY
Updateds: 26 August 2004
Agreed to by the House, 10th November 1954. Approved by the Governor, 18th March 1955.
Reprinted and re-numbered in accordance with a Resolution of the House made on 30th November 1967 incorporating amendments agreed to on 8th December 1955, 25th September 1957, 7th December 1960, 16th October 1963, 14th June 1967, 30th November l967, 21st April 1983, 6th April l988, 22 May 1996, 10 December 1996 and 13 May 1997 and approved by the Governor.
The Standing Orders (including parts thereof) whose operation has been suspended for the remainder of the session have been struck through.
The Sessional Orders adopted on 7 April 2004 and 26 August 2004 for the remainder of the session are shown in bold italic type.
Part
1. General Rules for Conduct of Business
2. Proceedings on the Meeting of a New Parliament
3. Election of Speaker
4. Chair of Committees
5. Opening of Parliament
5A. Premier’s Address
6. Sitting and Adjournment of the House
7. Records of the House
8. Leave of Absence to Members
9. Order of Business
10. Petitions
11. Notices of Motion
12. Questions Seeking Information
13. Orders of the Day
14. Motions
15. Questions
16. Previous Question
17. Amendments to Question
18. Conduct of Members
19. Time Limit of Speeches
19A. Limitation of Debate
19B. Ministerial Statements
20. Rules of Debate
21. Divisions
22. Messages from Governor
23. Addresses to the Crown or Governor
24. Classification and Definitions of Bills
25. Public Bills
26. Special Provisions relating to Bills which Legislative Council may not Amend
27. Semi-Public Bills
28. Lapsed Bills
29. Committees of the Whole House
30. Proceedings on Financial Bills and Proposals
31. Instructions to Committees
32. Select Committees
33. Joint Committees of Both Houses
34. Standing Committees
35. Witnesses
36. Accounts and Papers
37. Messages Between the Two Houses
38. Conferences (deleted by the House 10th December 1996)
39. Election of Senators
40. Strangers
41. Contempt
42. Absence of the Clerk of the House
43. General Provisions
44. Suspension of Standing Orders
45. Duration of Standing orders
S.O.
1. Usages of the House of Commons to be observed, unless other provision is made.
2. Proceedings on the Meeting of a new Parliament.
2A. Code of Ethical Conduct for Members of the House of Assembly.
2B. Code of Race Ethics for Members of the House of Assembly.
3. Speaker to be elected.
4. Member must consent to be nominated.
5. Member proposed as Speaker.
6. When unopposed.
7. When more than two candidates.
8. How Ballot to be conducted.
9. Speaker-elect, if present, takes the Chair.
10. Speaker's election notified to Governor.
11. Unavoidable absence of Speaker.
12. Speaker relieved by Deputy-Speaker.
13. Temporary absence of Chair of Committees.
14. Continued absence of Speaker.
15. Chair of Committees.
16. Deputy-Chair of Committees.
17. Speaker, with the House, goes up to the Bar of the Legislative Council.
18. House re-assembles at a later hour.
19. Petitions, Notices of Motion, &c.
20. Bill read pro forma.
21. Speaker reports the Governor's Speech.
22. Motion made for Address-in-Reply.
23. Address-in-Reply presented.
24. New Member introduced.
25. But not if seated on decision of Supreme Court.
25A. Premier’s Address
26. Days and time of meeting.
27. Adjournment at One o'clock and at Six o'clock.
28. Quorum.
29. If Quorum not present at twenty minutes after time appointed for meeting.
30. Prayers.
Acknowledgement of traditional people.
31. A summons to the Legislative Council makes a House.
32. When Quorum not present during a Sitting.
33. When Chair of Committees reports no Quorum.
34. Bell to be rung before House counted.
35. When no Quorum, all Members must remain until House counted.
36. Doors open while House counted.,
37. Debate interrupted by count-out may be resumed on Notice.
37A. Adjournment.
38 Motions for adjournment of the House to discuss definite matter of urgent public importance.
Matters of Public Importance
39. House adjourns on its own Resolution, except in special cases.
40. “Now adjourn” - no Amendment.
41. Votes and proceedings to be Journals.
42. Error or irregularity to be reported to the House by Speaker.
43. Custody of Records to be in the Clerk-Clerk may produce Records in courts of law.
44. Absence without leave.
45. Leave of absence.
46. Notice to be given of Motion for leave of absence.
47. Member having leave of absence excused from service.
48. Leave of absence forfeited.
49. Precedence of Government and Private Members' Business.
50. Order of Business on Notice Paper.
51. Daily Business.
52. Order of Private Business.
Private Members’ Business
53. Petitions to be written, printed, or lithographed.
54. Shall contain a prayer.
55. Shall be signed on the same skin or paper by at least one person.
56. Shall be in English, or with a certified translation.
57. Shall be signed by the parties.
58. Signatures to be written, not attached.
59. Petitions of Corporations.
60. Petitions of a public meeting, signed only by a chair.
61. No letters, affidavits, &c., shall be attached.
62. Debates shall not be referred to.
63. (Repealed)
64. Petitions for losses contingent on passing of Bills may be received.
65. Member shall affix name.
66. Member responsible for contents.
67. Petition must be respectful.
68. Petition presented by a Member only.
69. Petition from a Member.
70. Member presenting Petitions confined to statement of certain facts.
71. No debate upon proceedings on presentation.
72. Urgent Petitions may be taken into consideration on presentation.
73. Petitions against taxes.
73A. Electronic petition (“E-Petition”)
73B. General Rules for E-Petitions
73C. Duties and powers of the Clerk and Speaker regarding E-petitions
73D. The Standing Orders and Rules for Petitions apply to E-petitions in-so-far-as they can be applied.
74. Duplicate copies to be delivered at the Table.
75. Notice must be for a future date.
76. Notices may be given for absent Members.
77. Notices to be printed.
78. Notices of Motion may not be anticipated.
79. Terms may be altered.
80. Consecutive Notices of Motion.
81. Notice not received after Orders proceeded with, except by leave.
82. Lapsed Notices.
83. Lapsed Notice may be restored.
84. Notice containing unbecoming expressions.
85. Questions to Ministers or other Members.
86. Such questions not to involve argument.
87. In answering a Question the matter not to be debated.
87A. Supplementary Questions.
87B. Time limit on Question Time.
87C. Answers terminated after sufficient time.
88. Answers to Questions must be in writing.
89. Orders of the Day defined.
90. Precedence of Orders of the Day.
91. Order of the Day need not be seconded.
92 An Order discharged
93. No Motion to be made without previous Notice.
94. Anticipating Motions.
95. Precedence of Motions.
96. Questions of privilege.
97. Motions without Notice.
98. Motions not seconded.
99. Motions withdrawn.
100. A Motion withdrawn may be made again.
101. Motion may not be withdrawn if Mover absent.
102. Amendment withdrawn, &c., before original Motion.
103. Question proposed.
104. Irregular Motion not put.
105. Complicated Question may be divided.
106. Question put and again stated.
107. Question determined by a majority of voices.
108. Speaker states whether “Ayes” or “Noes” have it.
109. Question superseded by adjournment or the previous Question.
110. The same Question not to be again proposed.
111. Resolution or vote rescinded.
112. Form of previous Question.
113. Must be first dealt with.
114. Amendment shall not be offered.
115. Debate thereon may be adjourned.
116. Scope of Debate.
117. Previous Question affirmed.
118. When passed in the Negative.
119. Previous Question.
120. May not be moved in Committee of the Whole House.
121. Different forms of amendment.
122. Amendment must be relevant.
123. Amendments to be seconded.
124. Amendments to be in writing.
125. Amendment to insert or add words.
126. Amendment to leave out words.
127. Amendment to leave out words, and insert or add others.
128. Amendments to proposed amendments.
129. When later part of a Question has been amended or proposed to be amended.
130. No amendment to be made to words already agreed to.
131. Proposed amendment withdrawn.
132. Question as amended put.
133. When amendments proposed but not made.
134. Order in which amendments to be put.
135. Entering and leaving the House.
136. Members leaving their seats.
137. Members to take their places.
138. Time-limit.
Ministerial Statements
138A. Limitation of Debate on urgent Bill or Motion.
139. Order maintained by Speaker.
140. When Speaker rises is to be heard without interruption.
141. Members to address Speaker standing and uncovered.
142. Indulgence of Members unable to stand.
143. A Member shall not read speech.
144. Debate Closed.
145. Speaker calls on Members to speak.
146. Motion that a Member “be now heard”.
147. Members to speak to the Question.
148. Reference to the Legislative Council.
149. No Member to speak twice.
150. Except to explain words.
151. Personal explanation.
152. Right of reply in certain cases.
153. Adjournment of Debate.
154. Limitation of adjournment of Debate.
155. Privilege: Precedence of adjourned Debate on.
156. Resumed Debate: Member who has spoken may not speak again.
157. Member may speak again to Question of Adjournment.
158. Having spoken on adjournment, may speak subsequently on Main Question.
159. Having spoken on Main Question may not enter upon same on Question of Adjournment.
160. Having spoken may not move Adjournment of House, or of Debate, but may speak on such Motion.
161. Motion negatived, mover and seconder may afterwards speak.
162. Member may resume speech on a future day.
163. Motion for Adjournment being negatived, not to be proposed again immediately.
164. Debate interrupted by-Question of privilege, &c.
165. Proceedings of Committees-No reference to until reports received.
166. Reflection upon Votes of the House.
167. Allusions to Debates in the other House.
168. Irreverent use of the Sovereign's or the Governor's name.
169. Offensive words against either House, or against Statutes.
170. Member may be referred to by name.
171. Offensive words against a Member.
172. Digressions from subject.
173. Debates of same Session not to be alluded to.
174. When Members not to read from newspapers.
175. Newspapers not to be read in House.
176. Interruptions not allowed; Exceptions.
177. Speaking “to Order”, or upon matter of privilege.
178. Proceedings on Question of Order.
179. Words taken down by direction of Speaker.
180. Words to be objected to when used.
181. House not to permit quarrels.
182. Disorder and suspension.
183. Proceedings on Report of Offence.
184. Period of suspension.
185. Continued irrelevance and tedious repetition. Speaker may order Member to discontinue Speech.
186. Member to withdraw while conduct is under Debate.
187. Ruling of Speaker may be challenged.
188. How Division may be called.
189. Minority demand Division.
190. Division bell rung and sand-glass turned.
191. Doors locked after lapse of two minutes.
192. Question Put, “Ayes” and “Noes” divide and Tellers appointed.
193. Division may be withdrawn.
194. Members speaking to Order.
195. Every Member then present must vote.
196. Members counted and their names taken down.
197. Division lists to be entered in Journals.
198. Recording of pairs.
199. In case of error House again divides.
200. Mistakes corrected in Journals.
201. When votes equal, Speaker gives casting vote.
202. Division frivolously claimed.
203. No Member to vote if pecuniarily interested.
204. Direct pecuniary interest, how vote of Member dealt with.
205. Rule to apply to Committees.
206. Message from Governor.
207. Message read.
208. Verbal Message.
209. Recommendation or consent of the Governor.
210. Address to the Sovereign shall be proposed on Motion upon Notice.
211. Addresses of congratulation or condolence in a similar manner.
212. Addresses to the Sovereign transmitted to the Governor by Speaker.
213. Addresses to the Governor presented by Whole House, or such Members as House may name.
214. By the Whole House.
215. Concurrence of the Legislative Council desired.
216. Concurrence signified.
217. Governor's answer to any Address, reported by Speaker.
218. Classification of Bills.
219. Bills initiated.
220. Presentation of Bills.
221. Bills not prepared according to Order shall be withdrawn.
222. No perpetual Clause shall be inserted in any temporary Bill.
223. Precise duration of temporary Bills.
224. Title of Bill only read.
225. First reading, forthwith.
226. First reading without Amendment or Debate.
227. Bills to be printed and circulated amongst Members.
228. Printing of Bills.
229. Bills ordered to be read a Second time.
230. No Bills to be read a Second time until distributed two days.
231. Second reading.
232. Amendments to Question for Second reading.
233. Bill committed.
234. Bill reported by Select Committee.
235. Committee of the Whole House on the Bill.
236. Amendments on Speaker leaving the Chair.
237. Bills may be considered in Committee together.
238. Preamble postponed. Marginal note of Bill read.
239. Order of Business in Committee on Bill.
240. Relevancy of Debate.
241. What amendments admissible.
242. Question that each Clause stand part of the Bill.
243. Amendments to Clauses.
244. Subdivisions of Clause may be treated as a separate Clause.
245. Question on Clause as amended.
246. Proceeding upon blanks.
247. Clauses postponed.
248. New Clauses and Schedules.
249. Preamble and Title.
250. Amendment of Title.
251. Report of progress.
252. Report of Bill.
253. Chair of Committees to sign copy of Bill and Amendments.
254. Bill with Amendments.
255. Bill reported without Amendment.
256. Amendments made on recommittal.
257. On consideration as amended may be referred to Select Committee.
258. Third reading.
259. Motion for Third reading.
260. Certificate of Chair of Committees.
261. Verbal Amendments.
262. Chair of Committees may correct clerical errors.
263. Bill passed.
264. Clerk to certify the passing.
265. Bill sent to the Legislative Council.
266. Council's Amendments to be considered on a future Day.
267. Council's Amendments considered in Committee.
268. Bill returned from the Legislative Council.
269. Council's Amendments in Bills, Messages, &c.
270. Council's Amendments disagreed to. Reasons to be Assigned.
271. Final procedure on Council's Amendments.
272. Council to be informed by Message if Amendments agreed to.
273. Bills from Council proceeded with as similar Bills of the House.
274. Clerk certifies Bill agreed to, or otherwise.
275. Council's Amendments, considered.
276. Council's Amendments, how dealt with.
277. House waives privileges in certain cases.
278. Bills when passed to be transmitted to Legislative Council.
279. Amendments proposed by Governor.
280. Such Amendments, if agreed to, to be forwarded to the Council.
281. Consideration of such Amendments received through the Council.
282. Assent.
283. Requests considered in Committee.
284. Form of Motion on Requests.
285. Resolution to be reported.
286. Return of Bill to Council.
287. Pressing of Requests.
288. Reasons for non-compliance.
289. Chair to make Amendments.
290. Conference requested by Legislative Council.
291. Initiation of Semi-Public Bills.
292. Petitions to be lodged.
293. Guarantee of expenses.
294. Local Bills Committee.
295. Reference of certain Bills to Committee.
296. Second reading on a future day.
297. Other matters.
298. Resumption of proceedings on lapsed Bills.
299. Proceedings on restored Bills.
300. Bill not restored may be brought in in ordinary manner.
301. House resolves itself into a Committee.
302. Speaker leaves the Chair.
303. Amendment to the Question for Speaker to leave the Chair.
304. When Committee has reported progress.
305. The Chair of Committees takes the Chair.
306. Committee to consider matters referred.
307. Questions decided by a majority of votes.
308. A Motion need not be seconded.
309. Questions put on longest time and smallest sum.
310. Order in Committee.
311. Chair's ruling may be challenged.
312. Disorder rising.
313. Speaker to resume the Chair in certain cases.
314. Speaker may adjourn House or suspend Sitting in case of grave disorder.
315. Quorum in Committee.
316. When quorum not present in Committee.
317. House counted by Speaker.
318. Report.
319. Report of progress.
320. Motion to report progress.
321. Debate on Motion and report Progress or that the Chair of Committees leave the Chair.
322. Motion that the Chair of Committees do now leave the Chair.
323. Committee of the Whole House cannot adjourn Sittings or Debate.
324. Report to be brought up without Question.
325. Resolutions of Committee.
326. Bills submitted by Minister without notice.
327. Motions shall not be presently entered upon.
328. No appropriation unless recommended by Governor.
329. Taxation proposals to be initiated by a Minister.
330. When Motion made to omit or reduce any item, Question shall be proposed accordingly.
331. When reduction is proposed.
332. When several Motions offered, order to be taken.
333. After a Question proposed no Motion or Debate allowed upon preceding item.
334. When proposal to omit or reduce items, Questions afterwards put on original vote.
335. After Question proposed no Motion shall be made for omitting or reducing.
336. Effect of an Instruction.
337. What Instruction shall not be moved.
338. Instructions to Committee not to be moved as an Amendment.
339. When moved.
340. Scope of Instructions to a Select Committee.
341. Speaker or Chair of Committees not compellable to serve on.
342. Committees to consist of not more than Seven Members.
343. Willingness of Members to attend to be ascertained.
344. Notice of nomination to be given.
345. When to report.
346. Members discharged and others appointed.
347. Mover fixes date of first meeting.
348. Quorum.
349. When Quorum not present.
350. Committee to elect a Chair.
351. Names of Members present to be entered.
352. Motion need not be seconded.
353. Divisions to be entered.
354. Refusal of Member to attend Select Committee.
355. Power to send for Persons, Papers, and Records.
356. Admission of Strangers.
357. Admission of other Members.
358. Secret Committee.
359. Chair shall have deliberative vote only.
360. Days of meeting.
361. Committee may adjourn.
362. May not sit during Sitting of the House.
363. Procedure on Public and Semi-Public Bills.
364. Evidence, &c., not reported shall not be published.
365. Certain evidence not to be published.
366. Matters ordered not to be published to remain confidential.
367. Report from time to time.
368. Consideration of Draft Report.
369. Report brought up.
370. Select Committees not to confer without order.
371. Such Order communicated by Message.
372. Proceedings of conference to be reported.
373. Joint Committees.
374. Request sent to Council by Message.
375. Members proposed.
376. Number equal to number appointed by the Council.
377. Time and place.
378. Quorum.
379. Chair.
380. Chair to have a deliberative vote only.
381. Report.
382. Procedure of Select Committee to apply to Joint Committee.
383. Joint House Committee. Library Committee.
384. Standing Orders Committee.
385. Committee of Privileges.
386. Public Accounts Committee.
387. Quorum.
388. Witnesses may be summoned.
389. Speaker interrogates Witness.
390. In Committee Member may interrogate Witnesses.
391. During discussion Witness withdraws.
392. A Member is examined.
393. Member or Officer of Legislative Council requested to attend by Message to the Council.
394. Attendance of Members or Officer of House requested by Legislative Council.
395. Disobedience of Witnesses, how dealt with.
396. Payment of Witnesses and others at Committees.
397. Witness may be examined upon declaration.
398. Accounts, &c., ordered.
399. Addresses for Papers, &c.
400. House of Assembly papers to be supplied to Legislative Council.
401. Papers presented by command.
402. Deposited with the Clerk of the House, who lays them upon the Table.
403. Orders for Papers.
404. Return of Documents.
405. Papers in possession of Legislative Council asked for by Message.
406. Printing Committee.
407. Communications with the Legislative Council.
408. Messages to Legislative Council.
409. Messages from Legislative Council.
410-418 Deleted by the House 10th December 1996
419. Joint Meetings.
420. Conduct of election.
421. Strangers not permitted to certain parts of the House.
422. Strangers, how admitted to Body of House.
423. Strangers may be ordered to withdraw.
424. Member guilty of Contempt to be fined or committed to custody of the Sergeant-at-Arms or other officer.
425. Arrest of Strangers in the House or gallery.
426. Arrest of Member or Stranger to be reported.
427. Personal fee to Sergeant-at-Arms.
428. Absence of the Clerk of the House.
429. Mechanical recording of proceedings and note taking.
430. Debate on Question of House granting leave.
431. Standing Orders not suspended without Notice.
432. Motion for suspension carried by majority.
433. Duration.
Usages of House of Commons to be observed unless other provision is made.
1. In all cases not provided for hereinafter, or by sessional or other Orders, resort shall be had to the rules, forms, and practice of the Commons House of the Imperial Parliament of Great Britain and Northern Ireland in force when these Standing Orders receive the approval of the Governor and of other Australian Parliaments in force for the time being, and they shall be followed as far as they can be applied to the proceedings of this House.
Proceedings on the meeting of a new Parliament.
2. On the first day of the meeting of a new Parliament, the House having met at the time and place appointed -
(a) The Governor's Proclamation shall be read by the Clerk of the House;
(b) The Writ of Election of each Member, with the Return endorsed thereon, shall be produced by the Clerk of the House, and laid upon the Table;
(c) Members shall then be sworn or make affirmation as prescribed by law;
(d) Members will then subscribe to the Code of Ethical Conduct contained in Standing Order No. 2A;
(e) Members will then subscribe to the Code of Race Ethics contained in Standing Order No. 2B;
(f) The House shall then proceed to the election of a Speaker;
(g) Prior to such election the Clerk shall act as Chair to the House.
2A.
As Members of the House of Assembly we recognise that our actions have a profound impact on the lives of all Tasmanian people. Fulfilling our obligations and discharging our duties responsibly requires a commitment to the highest ethical standards.
To the people of this State, we owe the responsible execution of our official duties, in order to promote human and environmental welfare.
To our constituents, we owe honesty, accessibility, accountability, courtesy and understanding.
To our colleagues in this Assembly, we owe loyalty to shared principles, respect for differences, and fairness in political dealings.
We believe that the fundamental objective of public office is to serve our fellow citizens with integrity in order to improve the economic and social conditions of all Tasmanian people.
We reject political corruption and will refuse to participate in unethical political practices which tend to undermine the democratic traditions of our State and its institutions.
Members of this Assembly must carry out their official duties and arrange their private financial affairs in a manner that protects the public interest and enhances public confidence and trust in government and in high standards of ethical conduct in public office.
Members of this Assembly must act not only lawfully but also in a manner that will withstand the closest public scrutiny; Neither the law nor this code is designed to be exhaustive, and there will be occasions on which Members will find it necessary to adopt more stringent norms of conduct in order to protect the public interest and to enhance public confidence and trust.
Every Member is individually responsible for preventing potential and actual conflicts of interest, and must arrange private financial affairs in a manner that prevents such conflicts from arising including declaration of pecuniary interest in any matter being considered as part of their official duties as a Parliamentarian.
Members of the Assembly must carry out their official duties objectively and without consideration of personal or financial interests.
Members of the Assembly must not accept gifts, benefits or favours except for incidental gifts or customary hospitality of nominal value.
Members of the Assembly must not take personal advantage of or private benefit from information that is obtained in the course of or as a result of their official duties or positions and that is not in the public domain.
Members of the Assembly must not engage in personal conduct that exploits for private reasons their positions or authorities or that would tend to bring discredit to their offices.
Members of the Assembly must not use, or allow the use of, public property or services for personal gain.
Members of the Assembly, when leaving public office and when they have left public office, must not take improper advantage of their former office.
2B.
As Members of the Tasmanian Parliament we agree:-
(1) To act in a manner which upholds the honour of public office and the Parliament.
(2) To respect the religious and cultural beliefs of all groups living within Australia in accordance with the Universal Declaration of Human rights.
(3) To uphold principles of justice and tolerance within our multicultural society making efforts to generate understanding of all minority groups.
(4) To recognise and value diversity as an integral part of Australia’s social and economic future.
(5) To help without discrimination all persons seeking assistance.
(6) To speak and write in a manner which provides factual commentary on a foundation of truth about all issues being debated in the community and the Parliament.
(7) To encourage the partnership of government and non-government organisations in leading constructive and informed debate in the community.
(8) To promote reconciliation with indigenous Australians.
Speaker to be elected.
Cf. Constitution Act 1934, s. 24.
3. The House shall, at its first meeting after every General Election and before proceeding to the despatch of any other business, elect some one Member of the House to be the Speaker thereof; and in case of the Speaker’s death, resignation, or removal by a Vote of the House, the House shall forthwith proceed to elect some other Member to be Speaker, and the Speaker so elected shall preside at all Meetings of the House.
Member proposed as Speaker.
5. A Member addressing the Clerk of the House (who, standing up, shall call upon the Member, and then sit down) shall propose another Member to the House for its Speaker, and shall move that such Member “do take the Chair of this House as Speaker”, which Motion must be seconded.
When unopposed.
6. If one Member only be proposed as Speaker, the Member so proposed, if present, shall be called to the Chair without any Question being put.
When more than two candidates.
7. If more than one Member be proposed as Speaker a Motion shall be made and seconded regarding each that such member “do take the Chair of this House as Speaker”, and thereupon an election by ballot shall be had in the manner hereinafter provided to determine which Member shall be Speaker.
How ballot to be conducted.
8. The Election for Speaker shall be conducted in the following manner:-
(a) When nominations have been received and the Debate thereon (if any) appears to be concluded, the Clerk will announce that the Ballot will now be taken, and if no Member rises to speak, the Division Bells will be rung;
(b) No fresh nominations can then be made;
(c) When the Division Bells have been rung for two minutes, the doors shall be closed, and the Clerk will call upon two Members to act as Scrutineers to assist;
(d) The Clerk will initial and deliver to each Member present a list of all the Members of the House, and will check the names of those to whom lists are given;
(e) A member will record a vote by placing a mark opposite the name of the Member to receive the vote;
(f) If any Ballot-paper contains any mark made by the Member, other than the mark signifying for whom the Member wishes to vote, it shall be informal;
(g) A Member can only vote for someone who has been duly nominated and seconded;
(h) The Member will then fold the Ballot-paper, and place it in the Ballot-box or other receptacle on the Table;
(j) When all the Ballot-papers have been so deposited, the Clerk, assisted by the Scrutineers, will count the Ballot, and declare the numbers to the House;
(k) The procedure hereinbefore set out will be repeated as often as may be necessary;
(l) In the event of there being two Members proposed and seconded for the office of Speaker, the Member receiving the greater number of votes shall be declared to be elected as Speaker;
(m) If more than two Members have been so proposed and seconded, the votes shall be taken in the manner hereinbefore provided, and the Member receiving the greatest number of votes shall be declared to be elected as Speaker, provided that Member has received a majority of the votes of Members present; but if no Member has received such majority the name of the Member who has received the smallest number of votes shall be withdrawn and the votes shall be again taken for the remaining Members so nominated in like manner, and as often as may be necessary until one obtains a majority and the Member obtaining Such majority shall be declared to be elected as Speaker;
(n) In the event of there being an equality of votes between Members receiving the smallest number of votes, the Clerk shall declare such to be the case, and the votes shall again be taken to determine which Member shall be withdrawn; in this case, members shall place a mark opposite to the name they wish to retain for further Ballot; if there shall again be an equality of votes, the Member who has been a member of the House continuously for the longest period immediately preceding the election shall be retained for further Ballot; or, if both Members have been Members of the House continuously for the same period, the Clerk shall determine by lot which of the two Members shall be retained for further Ballot;
(o) In the event of there being an equality of votes between Members under paragraph (l), or in the event of there being an equality of votes between Members when the votes have been reduced to two under paragraph (m), the Member who has been a Member of the House continuously for the longest period immediately preceding the election shall be declared as Speaker, or, if both Members have been Members of the House continuously for the same period, the Clerk shall determine by lot which of the two Members shall be Speaker;
(p) The result of the Election shall be declared by the Clerk, and the Member elected shall be called to the Chair.
Speaker-elect, if present, takes the Chair.
9. The Member called to the Chair shall, if present, be conducted thereto by the proposer and seconder, and standing on the upper step, shall return acknowledgment to the House for the Honour conferred by it, and thereupon assume the Chair.
Speaker's election notified to Governor.
Cf. Constitution Act 1934, s. 24.
10. The election of the Speaker shall be notified to the Governor by a deputation of the House.
Unavoidable absence of Speaker.
Cf. Constitution Act 1934, s. 24.
11. - (1) Whenever the House Shall be informed by the Clerk of the House of the unavoidable absence of the Speaker, the Chair of Committees, if present, shall act as Deputy-Speaker or if absent, or if there should be no Chair of Committees, such other Member as the majority of Members then present shall choose, shall perform the duties and exercise the authority of Speaker in relation to all proceedings of the House as Acting Speaker for that day only.
(2) The Question of the election of a Member as Acting Speaker shall be put by the Clerk of the House in accordance with the Rules prescribed for the election of Speaker.
Speaker relieved by Deputy-Speaker.
12. The Chair of Committees shall take the Chair as Deputy-Speaker whenever requested to do so by the Speaker during the Sitting of the House, without any formal communication to the House.
Temporary absence of Chair of Committees.
13. Standing Order No. 12 shall apply to a Deputy Chair of Committees nominated by the Speaker as if that Deputy Chair were the Chair of Committees, at any time which the Chair of Committees is not in the House.
Continued absence of Speaker.
14. If the House be informed by the Clerk of the House of the likelihood of the continued absence of the Speaker in consequence of illness or other unavoidable cause, or if the House has granted leave of absence to the Speaker, the Chair of Committees shall act as Acting-Speaker, and shall continue to do so from day to day without any further communication to the House, and shall perform the duties and exercise the authority of Speaker during such continued absence, and the House may appoint some other Member Acting-Chair of Committees during such continued absence of the Speaker, and the Acting-Chair of Committees so appointed shall act as Acting-Speaker in case of the unavoidable absence of the Acting-Speaker, or whenever requested so to do by the Acting-Speaker, during the Sitting of the House.
Chair of Committees.
15. - (1) As soon as practicable on the first meeting of a new Parliament the House shall elect one of its Members to be Chair of Committees; and in case of the Chair’s death, resignation, or removal by a Vote of the House, the House shall elect some other Member to be Chair of Committees.
(2) The rules prescribed for the election of Speaker shall be observed so far as the same may be applicable in the election of the Chair of Committees.
(3) The Chair of Committees shall preside in all Committees of the Whole House.
(2) Any Deputy-Chair while presiding shall have all the powers of the Chair of Committees in the conduct of the business of the Committee.
Speaker, with the House goes up to the Bar of the Legislative Council.
17. On being summoned by the Usher of the Black Rod to attend the Governor or the Commissioners, the Speaker, with the House, shall go up to the Bar of the Legislative Council.
House re-assembles at a later hour.
18. When the Speaker and the House retire from the Bar of the Legislative Council, the Speaker shall return to the House and resume the Chair.
Petitions, Notices of Motion, &c.
19. Petitions, Notices of Motion, and Questions may then be given, and Papers laid on the Table.
Bill read pro forma.
20. Before the Governor's Speech is reported, some Bill shall be read a First time pro forma.
Speaker reports the Governor's Speech.
21. The Speaker shall then report that the House had that day attended the Governor or Commissioners, and that the Governor or the Commissioners had been pleased to make a speech to both Houses of Parliament, of which Speech the Speaker had received a copy; and the same shall be ordered to be entered in the Journals of the House.
Motion made for Address-in-Reply.
22. A Motion for an Address-in-Reply to the Governor's Speech shall then be made which shall be moved and seconded.
Address-in-Reply presented.
23. The Address-in-Reply having been adopted by the House shall be presented to the Governor by the Speaker, the Mover and Seconder, and such other Members of the House as shall think fit to attend, at such time and place as the Governor may appoint.
New Member introduced.
24. A Member returned otherwise that at a General Election shall be introduced to the House by two Members.
(1) The Premier shall make an Address to the House of Assembly within the first six sitting days following 1 September each year, reviewing the Government’s past actions and its proposed policies and activities for the future.
(2) At the conclusion of the Address, the Premier shall lay upon the Table of the House a copy of the Address and the Speaker shall propose the Question “That the Address be noted.”
(3) Debate on the Question “That the Address be noted” shall take precedence over Private Members’ Business.
Days and time of meeting.
26. Unless otherwise ordered the days and time for the ordinary meeting of this House shall be half-past Seven o'clock on Tuesday evening, and half-past Two o'clock on Wednesday and Thursday afternoon in each week.
(1) The time for the ordinary meeting of the House shall be at Ten o'clock a.m. on Tuesdays, Wednesdays and Thursdays, and adjournment of the House shall be at Six o'clock p.m.
(2) Whenever this House or a Committee of the whole House shall be sitting at the time specified for the adjournment in accordance with clause (1) of this Sessional Order, the business then before the House shall stand adjourned.
(3) A Motion for the adjournment of the House may be made at any other time, but not to interrupt any business then before the House, and may only be moved by a Minister.
(4) When the House adjourns in accordance with clause (2) of this Sessional Order or the adjournment is moved in accordance with clause (3) of this Sesional Order, the Speaker shall then call for adjournment issues, when any member may speak to any matter for seven minutes.
(5) After these issues have been debated for a maximum period of one hour, the House shall stand adjourned, without Question being put, until the next sitting day.
(2) If at Six o'clock p.m. the House or a Committee of the Whole House be sitting, the Sitting of the House or Committee shall be suspended until half-past Seven o'clock p.m.; Provided that if at One o'clock p.m. or Six o'clock p.m. a Division shall have been ordered, the Speaker or Chair of Committees, as the case may be, shall not leave the Chair until such Division has been taken and any formal business immediately consequent thereon shall have been completed.
Quorum.
Cf. Constitution Act 1924, s. 25 as amended by Act No. 26 of 1963.
28. A Quorum of the House shall consist of Fourteen Members, including the Speaker, or such other number as may from time to time be fixed by Law.
28. A Quorum of the House shall consist of Ten Members, including the Speaker, or such other number as may from time to time be fixed by Law.
If Quorum not present at twenty minutes after the time appointed for meeting.
29. - (1) The Speaker shall take the Chair as soon after the time fixed for the meeting of the House as it shall be reported that a Quorum is present in the Chamber; but if at the expiration of twenty minutes after the time so fixed a Quorum is not present, the Speaker shall, without taking the Chair, and without a Question first put, adjourn the House until the next sitting day.
(2) If, however, the meeting of the House is fixed for any hour prior to half-past Two o'clock p.m., and if at the expiration of twenty minutes after such prior hour a Quorum is not present, the Speaker shall adjourn the House until half-past Two o'clock p.m. on the same day.
Prayers.
30. The Speaker upon taking the Chair each day, shall read the following prayer:-
“Almighty God, we humbly beseech Thee to vouchsafe Thy blessing upon this Parliament. Direct and prosper our deliberations to the advancement of Thy glory and the true welfare of the people of Tasmania.
“Our Father, which art in Heaven; Hallowed be Thy name. Thy kingdom come. Thy will be done in earth as it is in Heaven. Give us this day our daily bread. And forgive us our trespasses, as we forgive them who 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.”
Acknowledgement of traditional people
At the commencement of the following sitting days:-
(a) the first day of sitting after an election;
(b) the first day of sitting for the calendar year;
(c) the first day of the budget sittings; and
(d) the first day of the Spring sittings
the Speaker will make the following statement:
"We acknowledge the traditional people of the land upon which we meet today, the Mouheneener people."
A summons to the Legislative Council makes a House.
31. When the attendance of the House in the Legislative Council has been desired by the Governor or the Commissioners, the House shall attend, and on its return shall proceed with business, although a Quorum of Members is not present, until notice is taken thereof.
When Quorum not present during a Sitting.
32. If it appears on notice being taken, or on report of a Division of the House by Tellers, that a Quorum of Members is not present, the Speaker shall adjourn the House, without a Question first put, till the next sitting-day; or such adjournment takes place prior to half-past Two o'clock on any day, then until the hour of half-past Two o'clock on that day.
When Chair of Committees reports no Quorum.
33. If a Chair of a Committee of the Whole House reports to the House that a Quorum of Members is not present, the Speaker shall count the House; and if a Quorum of Members be not present, shall adjourn the House, without a Question first put, till the next sitting-day; or if such adjournment takes place prior to half-past Two o'clock on any day, then until the hour of half-past Two o'clock on that day.
Bell to be rung before House counted.
34. The Bell shall be rung for two minutes before the House is counted by the Speaker or the Chair of Committees.
When no Quorum all Members must remain until House counted.
35. When the attention of the Speaker or of the Chair of Committees, has been called to the fact that there is not as Quorum of Members present, no Member shall leave the Chamber until the House has been counted by the Speaker or the Chair of Committees.
Doors open while House counted.
36. The doors of the House shall be unlocked whenever the Speaker or the Chair of Committees is engaged in counting the House.
Debate interrupted by Count-out may be resumed.
37. If a Debate on any Motion or Order of the Day be interrupted by the House being counted out, such Debate may be resumed by Motion on Notice at the point where it was so interrupted but the question of the resumption of such Debate shall be decided without Debate or Amendment.
Motions for adjournment of the House to discuss definite matter of urgent public importance.
38. - (1) No Motion for the adjournment of the House shall be made, except by a Minister, unless a Member, after Petitions (if any) have been presented and Notices of Motion (if any) given, and before the business of the day is called on, shall propose to move the adjournment for the purpose of discussing a definite matter of urgent public importance, which shall be first stated in writing to the Speaker at least thirty minutes before the time appointed for the meeting of the House.
(2) Such proposal shall be openly made without any words from the Mover in support, and must be supported by at least Four Members rising in their places as indicating their approval thereof.
(3) The Mover and the Minister first speaking to the Question shall not exceed fifteen minutes each, and any other Member, or the Mover in reply, shall not exceed ten minutes each, and every Member shall speak only about the one subject in respect of which the Motion has been made, and the whole discussion on the subject shall not exceed one hour and a half.
(4) No second Motion for the adjournment of the House shall be made on the same day, except by a Minister.
Matters of Public Importance
When the Speaker calls for Notices of Motion, any Member may give notice of a motion to note a matter of public importance to be raised after questions and formal business have been dealt with and before the business of the day is called on.
One such matter per day may be raised and Members may speak for not more than six minutes each and Debate on each matter shall be restricted to a total of thirty minutes.
On Tuesdays and Wednesdays priority shall be given to the Opposition to raise a Matter of Public Importance and on Thursdays priority shall be given to a party other than the Government or Opposition consisting of four or more Members.
House adjourns on its own resolution, except in special cases.
39. Except in the cases specially provided for, when the Speaker adjourns the House without putting any Question, the House can only be adjourned by its own Resolution.
“Now adjourn” - no amendment.
40. No Amendment shall be moved to the Question “That the House do now adjourn”.
Votes and Proceedings to be the Journals.
41. Every Vote and Proceeding of the House shall be entered by the Clerk of the House, and printed, having first been perused by the Speaker, and the Votes and Proceedings so printed shall be the Journals of the House.
Error or irregularity to be reported to the House by the Speaker.
42. Should any error, irregularity, or oversight be discovered in connection with any Bill, Resolution, or Proceeding of the House, the Speaker shall bring the same before the House with an opinion as to the course to be followed to remedy the same.
Custody of records to be in the Clerk - Clerk may produce records in courts of law.
43. The custody of the Journals and Records and of all Papers and Accounts whatsoever presented to this House, shall be in the Clerk of the House, who shall neither take, nor permit to be taken, any of such Journals, Records, Papers, or Accounts from the Chamber or Offices, without the express leave or order of the Speaker: Provided, nevertheless, that if it shall be made to appear, by an order of any Judge of the Supreme Court that the production of any such Journals, Records, Papers, or Accounts is necessary in the proceedings in any case then pending in any Court, the Clerk of the House shall have authority to produce the same in such Court without the leave or order of the Speaker.
Absence without leave.
44. A Member shall not be absent during the Session for more than Fourteen days at a time, without express leave of the House, and any Member wilfully infringing this Order shall be held guilty of Contempt.
Leave of absence.
45. Leave of absence may be given by the House to any Member for sufficient cause to be stated to the House.
Member having leave of absence excused from service.
47. A Member shall be excused from service in the House, or on any Committee, so long as that Member has leave of absence.
Leave of absence forfeited.
48. Any Member having leave of absence shall forfeit the same by attending the service of the House before the expiration of such leave.
Precedence of Government and Private Members' Business.
49. Unless otherwise ordered by the House, Private Members' Business shall have precedence on all days up to Four o'clock p.m. and if the Chair be occupied at that hour the Member then speaking on any Private Members' Business then being considered by the House shall, unless the Leader of the Government moves that the time allowed for Private Members' Business be extended, forthwith move the adjournment of the Debate on the Question before the House be then in Committee of the Whole House on any Private Members' Business the Member then speaking shall forthwith move that the Committee report progress and ask leave to sit again.
Order of business on Notice Paper.
50. All business shall be placed on the Notice Paper in the order in which it originates.
Daily business.
51. The House shall proceed each day with -
(a) Petitions;
(b) Giving Notices of Motion;
(c) Giving Notices of Question;
(d) Questions seeking information;
(e) Orders of the Day and Motions as set down in the Notice Paper except -
(i) that Ministers' Orders of the Day and Motions may be called on in such order as the Leader of the Government thinks fit; or
(ii) as the House otherwise orders.
Order of Private Business.
52. - (1) Unless the House otherwise orders, on days when Private Members' Business is given precedence, Notices of Motion and Orders of the Day standing in the names of Private Members shall precedence on alternate days; Provided That, on the days that such Notices of Motion take precedence, Orders of the Day standing in the names of Private Members, and being -
(a) Adjourned Debates on Motions; and
(b) Committees of the Whole House to consider Addresses to the Governor, shall be disposed of before the House proceeds to such Notices of Motion.
(2) When such Notices of Motion have been disposed of the House shall proceed to the Orders of the Day standing in the names of Private Members.
(3) On days on which Orders of the Day take precedence, such Orders shall be placed on the Notice Paper in the following order:-
(a) Orders for consideration of Bills as amended, and for Third reading;
(b) Consideration of Amendments of the Legislative Council;
(c) Orders for Further consideration of Bills in Committee;
(d) Adjourned Debates on Second reading;
(e) Orders for Second reading, in the order in which they were brought in;
(f) Committees of the Whole House to consider Addresses to the Governor;
(g) Adjourned Debates on Motions.
(4) When such Orders of the Day have been disposed of, the House shall proceed to the Notices of Motion standing in the names of Private members.
Private members business
Private Members business will have priority from 3.30 pm till 6.00 pm on Wednesdays.
Private Members business which has been on the Notice Paper for the period required by the Standing Orders be called on by the Leader of the Opposition, Leader of the Tasmanian Greens and the Government Whip respectively in accordance with the following weekly rotation:
WEEK ONE
| 3.30 pm to 4.45 pm | Liberals |
| 4.45 pm to 5.30 pm | Tasmanian Greens |
| 5.30 pm to 6.00 pm | ALP |
| 3.30 pm to 4.15 pm | Tasmanian Greens |
| 4.15 pm to 5.30 pm | Liberals |
| 5.30 pm to 6.00 pm | ALP |
Petitions to be written, printed or lithographed.
53. A Petition shall be fairly written, printed, or lithographed, and shall before presentation, be forwarded for examination not less than one hour before the time of meeting of the House to the Clerk of the House, who, in returning the Petition to the Member in charge thereof, may require its Amendment, in accordance with the Rules of the House.
Shall contain a prayer.
54. A Petition must contain a prayer at the end thereof.
Shall be signed on the same skin or paper by at least one person.
55. A Petition shall be signed by at least one person on the sheet on which the Petition is written, printed, or lithographed.
Shall be in English, or with a certified translation.
56. A Petition shall be in the English language, or be accompanied by a translation, certified by the Member who presents it.
Shall be signed by the parties.
57. A Petition shall be signed by the parties whose names are appended thereto, by their names or marks, and by no one else, except in the case of incapacity by sickness.
Signatures to be written, not attached.
58. Every signature shall be written upon the Petition itself, and not pasted upon, or otherwise transferred thereto.
Petitions of Corporations.
59. Petitions of Corporations aggregate shall be under their Common Seal.
Petition of a Public Meeting, signed only by Chair.
60. A Petition signed by the Chair of a Public Meeting on behalf of such meeting, shall be received as the Petition of the person signing it only.
No letters, affidavits, &c., shall be attached.
61. Letters, affidavits, or other documents shall not be attached to any Petition, unless such Petition relates to a Private Bill.
Debates shall not be referred to.
62. References shall not be made in a Petition to any Debate in Parliament of the same Session.
63. (Repealed on 6 April 1988.)
Petitions for losses contingent on passing of Bills may be received.
64. Petitions praying that provision may be made for the compensation of the Petitioners for losses contingent upon the passing of Bills pending, may be received.
Member affixed name.
65. A Member presenting a Petition to the House shall affix the Member’s name at the beginning thereof.
Member responsible for contents.
66. A Member presenting a Petition shall take care that the same is in conformity with the Rules and Orders of the House.
Petitions must be respectful.
67. Every Petition must be respectful, decorous, and temperate in its language, and free from any disrespectful reference to the Sovereign or the Governor, of offensive imputations upon the character or conduct of either House of Parliament, or the Courts of Justice, or other tribunal or constituted authority.
Petition presented by a Member only.
68. A Petition shall only be presented to the House by a Member.
Petition from a Member.
69. A Petition from a Member shall not be presented.
Member presenting Petitions confined to statement of certain facts.
70. A Member offering to present a Petition to the House, shall state only the parties from whom it comes, the number of signatures attached to it, the material allegations contained in it, and to the terms of the prayer of such Petition.
No Debate upon proceedings on presentation.
71. When a Petition is presented which contains no matters in breach of the privileges of the House and which is in accordance with the Rules and Practice of the House, it shall be read by the Clerk of the House, without a Question first put; after which a Question shall be put, “That the Petition be received”, but no other Question relating to such Petition shall be then entertained.
Urgent Petitions may be taken into consideration on presentation.
72. In the case of a Petition complaining of some present personal grievance for which there may be an urgent necessity for providing an immediate remedy, the matter contained in such Petition may be taken into consideration on presentation thereof.
Petitions against taxes.
73. Subject to the above Rules Petitions against any Resolution or Bill imposing a tax or duty may be received.
The text of each Petition which the House has received shall be communicated to the Premier by the Clerk of the House.
A Government response to each Petition shall be laid before the House within 15 sitting days of its communication to the Premier.
73A. Electronic petition (“E-Petition”)
(1) An e-petition is a petition:
(a) in the correct form, stating a grievance and containing a request for action by the House;
(b) sponsored by a Member and lodged with the Clerk for publication on the Parliament’s Internet Website for a nominated period (“posted period”);
(c) persons may elect to indicate their support of (“join the petition”) by electronically providing their name, address (including postcode) and signifying their intention to join the petition.
(2) The posted period for an e-petition is to be a minimum of one week and a maximum of six months from the date of publication on the Parliament’s Internet Website.
(3) The member sponsoring the e-petition must provide the Clerk with the details of the petition in the correct form; the posted period and a signed acknowledgment that they are prepared to sponsor the e-petition.
(4) Once published on the Parliament’s Internet Website an e-petition cannot be altered.
(5) Only one e-petition dealing with substantially the same grievance and requesting substantially the same action by the House shall be published on the Parliament’s Internet Website at the same time.
(6) Once the posted period for an e-petition has elapsed, a paper copy of the petition shall be printed by the Clerk in full (including the details of the persons who joined the petition) and presented to the House by the Member who sponsored the e-petition.
(7) An e-petition published on the Parliament’s Internet Website, but not presented to the House prior to the dissolution of the Parliament, may be presented to the subsequent Parliament to become a petition of the subsequent Parliament.
(8) An e-petition cannot be sponsored after the dissolution of the Parliament and until the new Parliament has been summoned and members sworn.
73B. General Rules for E-Petitions
(1) Persons must join an E-petition by filling out their correct details and personally agreeing to join the e-petition, and by no one else, except in case of incapacity from sickness.
(2) A person cannot sign or join the same e-petition more than once.
73C. Duties and powers of the Clerk and Speaker regarding E-petitions
(1) The Clerk may decline to publish an e-petition on the Parliament’s Internet Website not in conformity with these Orders and advise the sponsoring member accordingly.
(2) The Clerk or a member may seek a ruling from the Speaker about the conformity of any petition with these Orders.
(3) The Clerk is authorised to create and maintain an appropriate Internet Website on which to publish electronic petitions, responses to petitions and explanatory information and do all things necessary in order to give effect to these Orders.
(4) The Clerk must dispose of all electronic personal data related to the posting and joining of an e-petition within six months after an electronic petition is printed and presented to the House.
73D. The Standing Orders and Rules for Petitions apply to E-petitions in-so-far-as they can be applied.
Duplicate copies to be delivered at the Table.
74. A Member in giving Notice of Motion shall deliver to the Clerk of the House two signed copies of such Notice, fairly written or printed, and showing the day proposed for bringing on such Motion.
Notice must be for a future date.
75. A Notice of Motion may not be given for the same day.
Notices may be given for absent Members.
76. A Member may give Notice for any other Member not then present, having been authorised to do so by such Member in writing; and may, when similarly authorised, take charge of a Motion in the absence of the Member in charge thereof.
Notices to be printed.
77. Every notice of Motion shall be printed and circulated prior to the hour fixed for the Sitting of the House.
Notices of Motion may not be anticipated.
78. A Notice of Motion, having been given for a certain day, may be postponed to a later, but shall not be brought on on an earlier, day.
The terms may be altered.
79. After a Notice of Motion has been given, the terms thereof may be altered by the Member giving such Notice. An amended Notice shall be given in the mode prescribed herein for giving of original Notices.
Consecutive Notices of Motion.
80. A Member, except a Minister of the Crown, may not give two Notices of Motion consecutively unless no other Member has any Notice to give.
Notice not received after orders proceeded with, except by leave.
81. A Notice of Motion shall not be received after the House has proceeded to the Orders of the Day, unless by leave of the House.
Lapsed Notices may be restored.
83. A Notice of Motion which has lapsed by the absence of a Member when called, shall be removed from the Notice Paper, but may be restored by the Notice being renewed.
Notice containing unbecoming expressions.
84. If a Notice of Motion or of Question contains unbecoming expressions, the Speaker may direct that it shall not be printed, or it may be expunged from the Notice Paper by Order of the House.
Questions to Ministers or other Members.
85. Before the Orders of the Day or Motions are called on, Questions may be put to Ministers of the Crown relating to public affairs, and to other Members relating to any Bill, Motion, or other public matter connected with the business of the House, in which such Members may be concerned, but a Minister or other Member may decline to answer a Question except upon Notice given for a subsequent day.
Such Questions not to involve argument.
86. In putting any such Question no argument or opinion shall be offered, nor inferences or imputations made, nor any facts stated, except so far as may be necessary to explain such Question.
In answering a Question the matter not to be debated.
87. In answering any such Question a Member shall not Debate the matter to which the same refers, and answers shall be relevant to the Question.
Supplementary Questions.
87A. At the discretion of the Speaker, supplementary Questions may be asked to elucidate an answer.
Time limit on Question Time.
87B. No Question shall be asked after the lapse of one hour from the Speaker calling on Questions. Further Notices may then be handed to the Speaker.
Answers terminated after sufficient time.
87C. When the Speaker considers a Minister or other Member has had sufficient time to answer a Question the Speaker shall call for the next Question.
Answers to Questions must be in writing.
88. When Notices of Question are given the Clerk of the House shall place them at the commencement of the Notice Paper, and the reply shall be given by being laid upon the Table of the House, and a copy thereof supplied to the Member who has asked the Question.
Orders of the Day defined.
89. An Order of the Day is a Bill or Other matter which the House has ordered to be taken into consideration on a particular day.
Precedence of the Order of the Day.
90. Unless the House otherwise orders, Orders of the Day shall be disposed of in the order in which they stand upon the Notice paper.
Order of the Day need not be seconded.
91. An order of the Day need not be seconded.
An Order discharged.
92. An Order of the Day may be read and discharged.
No Motion to be made without previous notice.
93. A Member shall not make any Motion initiating a subject for discussion except in pursuance of Notice, but Motions for the printing of papers may be made on the presentation of such Papers without Notice.
Anticipating Motions.
94. No Motion or Amendment shall anticipate an Order of the Day or another Motion of which Notice has been given.
Precedence of Motions.
95. Motions shall have precedence on each day according to the order in which the Notices for the same were originally given: Provided that if a Motion of which Notice has been given has not been called on by reason of the adjournment of the House, it shall be continued on the Notice Paper under the same conditions as an original notice.
Question of privilege.
96. An urgent Motion, directly concerning the privileges of the House, shall take precedence of other Motions as well as of Orders of the Day.
Motion without Notice.
97. A Motion may be made without Notice by leave of the House.
Motions withdrawn.
99. A Member who has made a Motion may withdraw the same by leave of the House, such leave being granted without any negative Voice.
A Motion withdrawn may be made again.
100. A Motion which has been withdrawn by leave of the House may be made again in the same Session.
Motion may not be withdrawn if Mover absent.
101. A Motion shall not be withdrawn in the absence of the Member who made it.
Amendment withdrawn, &c., before original Motion.
102. When an Amendment has been proposed to a Question, the original Motion shall not be withdrawn until the Amendment has been withdrawn or negatived.
Question proposed.
103. When a Motion has been made and seconded, A Question thereupon shall be proposed to the House by the Speaker.
Irregular Motion not put.
104. If a Motion or Amendment be irregular, or out of order, the Question thereupon shall not be put by the Speaker.
Complicated Question may be divided.
105. The House may order a complicated Question to be divided.
Question put and again stated.
106. So soon as the Debate upon a Question is concluded, the Speaker shall put the Question to the House.
Question determined by a majority of voices.
107. Subject to Standing Order No. 111 and Standing Order No. 431, a Question being put, shall be resolved in the Affirmative or Negative by the majority of voices, “Aye” or “No”.
Speaker states whether “Ayes” or “Noes” have it.
108. The Speaker shall state whether the “Ayes” or the “Noes” “have it”; but, on the demand of any Member, the Question shall be determined by a Division.
Question superseded by adjournment or the Previous Question.
109. A Question may be suspended -
(a) By the Adjournment of the House, on notice being taken, and it appearing that a Quorum of Members is not present;
(b) By the Previous Question, viz., “That this Question be not now put”, being proposed and agreed to.
The same Question not to be again proposed.
110. Except as provided for in Standing Order No. 111, no Motion or Amendment shall be proposed which is the same in substance as any Question or Amendment which, during the same Session, has been resolved in the Affirmative or Negative.
Resolution or Vote rescinded.
111. A Resolution or other Vote of the House may be read and rescinded upon Motion, of which three days' notice has been given: Provided that the Motion rescinding a Resolution or Vote passed during the same Session shall be approved by an absolute majority of the Whole House.
Form of Previous Question.
112. The Previous Question shall be put in the form “That this Question be not now put”.
Must be first dealt with.
113. The Previous Question having been proposed, no Amendment of the Main Question shall be entertained unless the Previous Question has been withdrawn.
Amendment shall not be offered.
114. No Amendment shall be offered to the Previous Question, but such Question may be superseded by the Adjournment of the House for want of a Quorum.
Debate thereon may be adjourned.
115. A Debate upon the previous Question may be adjourned.
Scope of Debate.
116. In a Debate on the Previous Question the Original Question and any Amendment thereon may be debated.
Previous Question affirmed.
117. The Previous Question having been resolved in the Affirmative, the Original Question and any Amendment thereon are thereby disposed of, and the House shall proceed to the next business, or may adjourn.
When passed in the Negative.
118. The Previous Question having been passed in the Negative, the Main Question shall be at once put, without Amendment or further Debate.
May not be moved in Committee of the Whole House.
120. The previous Question shall not be moved in a Committee of the Whole House.
Different forms of Amendment.
121. A Question having been proposed, may be amended -
(a) By leaving out certain words only;
(b) By leaving out certain words in order to insert or add other words; or
(c) By inserting or adding words.
Amendment must be relevant.
122. An Amendment to a Question must be relevant to such Question.
Amendments to be seconded.
123. An Amendment proposed, but not seconded, shall not be entertained by the House, nor entered in the Journals.
Amendments to be in writing.
124. An Amendment to any Question before the House must, for the purposes of records, be in writing and be signed by the Member moving the same.
Amendment to insert or add words.
125. When the proposed Amendment is to insert or add certain words, the Speaker shall put a Question that such words be inserted or added.
Amendment to leave out words.
126. When the proposed Amendment is to leave out certain words, the Speaker, after stating the Amendment, shall put a Question, “That the words proposed to be left out, be so left out”.
Amendment to leave out words and insert or add others.
127. When the proposed Amendment is to leave out certain words, in order to insert or add other words, the Speaker shall put the Question that the words proposed to be left out, be so left out; which, if resolved in the Negative shall dispose of the Amendment; but if in the Affirmative another Question shall be put, that the words of the Amendment be inserted or added instead thereof.
Amendments to proposed Amendments.
128. Amendments may be proposed to any proposed Amendment, whenever it comes to a Question whether the House shall agree to such proposed Amendment, as if such proposed Amendment were an Original Question.
When later part of a Question has been amended or proposed to be amended.
129. An Amendment shall not be proposed in any part of a Question after a later part has been amended, or has been proposed to be amended, unless the proposed Amendment has been, by leave of the House withdrawn.
No Amendment to be made to words already agreed to.
130. An Amendment shall not be proposed to be made to any words which the House has resolved shall stand part of the question, or which have been inserted in, or added to, a Question, except it be the addition of other words thereto.
Proposed Amendment withdrawn.
131. A Proposed Amendment may be by the unanimous leave of the House, withdrawn.
Questions, as amended, put.
132. When an Amendment has been made the Main Question, as amended, shall be put.
When Amendments proposed not made.
133. When Amendments have been proposed but not made, the original Question shall be put, unless other Amendments be offered.
Order in which Amendments to be put.
134. When several Amendments have been proposed to be made to a Question, they shall be put singly in the order in which, if agreed to, they would stand in the amended Question.
Entering and leaving the House.
135. No Member shall have head covered when entering or leaving the House, or Moving to any other part of the House during a Debate and every Member shall bow to the Chair when entering, leaving, or crossing the House.
Members leaving their seats.
136. A Member shall not pass between the Chair and any Member who is speaking; nor between the Chair and the Table.