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Chapter 10 - Debate
Adjournment
of debate
A senator may move in the course of a debate, but not so as to
interrupt a senator speaking, that the debate be adjourned. This motion may not
be moved by a senator, other than a minister, who has spoken in the debate (SO 201(1), (6)). In practice a
senator is allowed to make a few explanatory remarks before moving the
adjournment of a debate. The motion for the adjournment of the debate must be
put without debate or amendment (SO 201(2)).
An alternative
method of adjourning a debate is for the senator
speaking to seek leave to continue the senator’s remarks. If leave is granted,
this is the equivalent of the passage of a motion for the adjournment of the
debate.
When a debate is
adjourned, by motion or by the granting of leave for a senator to continue the
senator’s speech, the resumption of the debate is an order of the day for the
next day of sitting, unless a further motion is carried fixing another time for
the resumption of debate (SO 201(3)). The motion
to fix another time for the resumption of the debate, unlike the motion for the
adjournment of the debate, is open to debate and amendment; an amendment may be
moved to fix a time other than the time proposed in the motion, and that
amendment may be debated. Debate on the amendment, however, is confined to the
question of the time to be fixed (ruling of President Cunningham, SD, 25/3/1943, p. 2344). The
motion for the adjournment of a debate and a motion to fix a time for the
resumption should be moved separately (ruling of Acting Deputy President
Teague, SD, 4/5/1992, pp 2242-3). (For a
debate on a motion to fix the time for resumption of debate, see 10/3/2004,
J.3126, 3134.)
A motion to fix
a time for the resumption of a debate which has been adjourned under standing
order 201(3) does not extend to altering the routine of business under the
standing orders, for example, by giving a general business item a precedence it
would not otherwise have, or circumventing the ability of the government under
standing order 65 to specify the order on the Notice Paper of its items of
business on a day. It is not in order to move a motion that, for example,
debate on an adjourned item be resumed at 2
pm on a day, or that debate
on a general business item be resumed before government business is called on
on a day.
A senator on whose motion a debate is adjourned is entitled to be first
heard on the resumption of the debate (SO 201(4)), but is not
obliged to exercise this entitlement, and may speak later in the debate.
If a motion for adjournment of a debate is negatived, the senator
moving that motion may speak later in that debate (SO 201(5)).
A senator granted leave to continue the senator’s remarks who does not
speak when the debate is resumed has forfeited the right to speak (ruling of President Givens, SD, 23/7/1924, p. 2327).
A debate which is
interrupted by a suspension of the sitting of
the Senate is resumed when the sitting resumes as if there had been no
interruption (ruling of President Baker, SD, 20-1/9/1906, pp 5010, 5092).
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