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Chapter 16 - Committees
Senators on
committees before taking their seats
Arrangements for
membership may also take into account the
forthcoming commencement of terms of new senators. A period of four to
six weeks frequently elapses between the commencement of senators’ terms on 1
July and the date on which they are sworn, and the question arises whether a
senator who has not taken the oath or affirmation pursuant to section 42 of the
Constitution may participate in the proceedings of a committee, and may be
appointed, prospectively, as a member of a committee. The view taken and the
practice followed by the Senate is that, while a senator cannot participate in
the proceedings of the Senate until that senator has taken the oath or
affirmation under the Constitution, a senator can participate in the
proceedings of a Senate committee from the date of becoming a senator and may
be prospectively appointed by the Senate as a member of the committee (see, for
example, 27/5/1993, J.293-4; 28/6/1996, J.446-7; 30/6/1999, J.1402-4;
27/6/2002, J.546-50).
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