Chapter 7 - Meetings
of the Senate
Swearing
of senators elected to periodical vacancies
Periodical elections are almost
invariably held together with elections for the House of Representatives and
only rarely does their timing permit newly elected senators representing the
states to be sworn at the subsequent opening of Parliament. Senators
representing the territories, like members of the House of Representatives, are
sworn in at the opening of Parliament, which must take place not later than 30
days after the return of the writs. Senators elected to represent the states at
a periodical election do not begin their term of office until the first day of
July following that election. This means that the date on which they are sworn
and first take their seats does not normally coincide with the opening of a
session of Parliament. As the Senate very rarely sits in July it is the
practice for such newly-elected senators to be sworn on the next sitting day,
usually in August.
In this situation
there is no President in office because, pursuant to
standing order 5, the office of
President becomes vacant “on the day next before the first sitting day of the
Senate after the 30th day of June following a periodical election” (see Chapter 5,
Officers of the Senate: Parliamentary Administration).
The Senate meets at the time appointed. The Governor‑General, or
the deputy appointed by the Governor‑General to administer to newly‑elected
senators the oath or affirmation of allegiance, is announced. If a deputy is
appointed, the commission to administer the oath or affirmation is produced and
read by the Clerk.
The certificates of
election for the members elected to fill periodical vacancies are laid on the
table by the Clerk and each such senator is then sworn. In addition to being
sworn or making the affirmation, senators are required to sign the Senators’ Roll on the day on which
they take the oath or affirmation of allegiance. The Senators’ Roll is kept by
the Clerk, and shows
the names of the senators chosen for each state, the dates of election and of
taking the oath, and the date and reason for ceasing to be a senator.
After the swearing of newly-elected senators the Governor‑General,
or the deputy, as the case may be, retires and the Senate proceeds to the
election of a President.
Following the election of the President, and on resumption of the
sitting after the President is presented to the Governor‑General, the
President announces the presentation and reports the Governor-General’s reply. Then
the business of the Senate may be proceeded with in the ordinary course,
including the appointment of the Deputy President
and Chair of Committees.
Recent practice has
been for the Governor‑General
personally to administer the oath or affirmation to senators.
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