References

Chapter 1 References

[1] The Commonwealth of Australia Constitution Act extends the provisions of the Constitution to the Queen’s (Queen Victoria’s) heirs and successors, s. 2.

[2] Constitution, s. 1.

[3] Constitution, s. 2.

[4] Constitution, s. 2 with s. 61; with certain exceptions relating to disallowance of laws and matters of assent (ss. 58, 59, 60, 74) still nevertheless formal in essence (see Ch. on ‘Legislation’) by virtue of the Statute of Westminster Adoption Act 1942.

[5] See Royal Powers Act 1953.

[6] S.O.s 4–8.

[7] S.O. 9(a).

[8] Royal Style and Titles Act 1973, Schedule.

[9] Constitution, s. 68. Originally the additional title of Commander-in-Chief of the Defence Force was also used. This was not included in the 1984 Letters Patent, as it was considered that the command in chief of the naval and military forces vested in the Governor-General by the Constitution was not a separate office but a function held ex officio, see S. Deb. (8.3.1989) 655, 697.

[10] See also H.R. Deb. (28.11.1946) 742–3; H.R. Deb. (19.2.1947) 19–20; H.R. Deb. (7.5.1947) 2051.

[11] Letters Patent relating to the Office of Governor-General of the Commonwealth of Australia, 21 August 2008, in Gazette S179 (9.9.2008). These revoked and replaced, with minor amendment and in gender-neutral language, the Letters Patent of 21 August 1984, in Gazette S334 (24.8.1984). For the original Letters Patent see Constitution of Office of Governor-General, Letters Patent, 29 October 1900, in Commonwealth Statutory Rules 1901–1956, V, p. 5301.

[12] E.g. Gazette S181 (10.9.2008). The Gazette also included copies of the oath of allegiance and oath of office and the new Governor-General’s proclamation that she had assumed the office.

[13] ‘Imperial Conference 1926’, Summary of proceedings, PP 99 (1926–28) (see Balfour Report, pp. 10–12); ‘Imperial Conference 1930’, Summary of proceedings, PP 293 (1929–31) 17.

[14] L. F. Crisp, Australian national government, 5th edn, Longman Cheshire, Melbourne, 1983, p. 398.

[15] Constitution, s. 4.

[16] In practice State Governors are commissioned—for example, see Gazette S205 (17.6.2003) for commissions appointing five Governors dated 20 May, the other Governor having been commissioned on 11 May, Gazette S152 (15.5.2003).

[17] The Administrator issues a proclamation citing the dormant commission and announcing that he or she has assumed the administration of the Government, e.g. Gazette S44 (18.3.2009); Gazette S137 (19.7.2010).

[18] Constitution, s. 4.

[19] E.g. see VP 1974–75/510 (27.2.1975) (presentation of new Speaker), 532 (5.3.1975) (recommending amendment to bill); Gazette S139 (20.7.2010) (issue of election writs).

[20] S.O. 2.

[21] VP 1961/1–2 (7.3.1961).

[22] Constitution, s. 126.

[23] E.g. see instruments appointing the Governors of New South Wales and Victoria as Deputies, Gazette S180 (10.9.2008).

[24] Or in the Vice-President’s absence, the Deputy Vice-President or most senior Minister present, e.g. Gazette S195 (2.10.2008).

[25] E.g. VP 2008–10/1–2 (12.2.2008).

[26] E.g. VP 1987–90/3 (14.9.1987); VP 2016–18/2 (30.8.2016).

[27] E.g. VP 2013–16/7 (12.11.2013).

[28] Public Service Reform Act 1984, s. 141.

[29] E.g. VP 2013–16/72 (13.11.2013).

[30] Walter Bagehot, The English Constitution, 4th edn, Fontana, London, 1965, p. 111.

[31] Quick and Garran, p. 390.

[32] Quick and Garran, p. 406.

[33] Sir Paul Hasluck, The Office of Governor-General, Melbourne University Press, Carlton, 1979, p. 10.

[34] ibid., p. 12.

[35] ibid., p. 16.

[36] ibid., p. 20.

[37] VP 1974–75/1125–7 (11.11.1975).

[38] H.R. Deb. (17.2.1976) 6.

[39] See also Ch. on ‘The parliamentary calendar’.

[40] There is considerable divergence of opinion among constitutional authorities on the true nature and exercise of the power. This is well illustrated by the analysis in H. V. Evatt, The King and his dominion governors: A study of the reserve powers of the Crown in Great Britain and the dominions, 2nd edn, Cheshire, Melbourne, 1967, and E. A. Forsey, The royal power of dissolution of Parliament in the British Commonwealth, Oxford University Press, Toronto, 1968.

[41] Section 28 was considered by the High Court in 1975. It was held that an ordinary general election means an election held at or towards the end of the period of three years: Attorney-General (ex rel. McKinlay) v. Commonwealth (1975) 135 CLR 1. Per Barwick CJ; section 28 contemplates that the ordinary general election will take place in each three years: ibid., p. 29.

[42] Quick and Garran, p. 407.

[43] E. A. Forsey, The royal power of dissolution of Parliament in the British Commonwealth, Oxford University Press, Toronto, 1968, p. 3.

[44] Sir Paul Hasluck, The Office of Governor-General, Melbourne University Press, Carlton, 1979, p. 15.

[45] Quick and Garran, p. 464.

[46] It is relevant to any discussion of this discretion to consider the comment (albeit in connection with a very specific set of circumstances) ‘It is one thing to decline to act in accordance with the advice of your Ministers and Law Officers. It is quite another to act positively contrary to that advice, and it is yet another to decline even to seek that advice’ in Colin Howard, ‘A further comment on the dissolution of the Australian Parliament on 11 November 1975’, The Parliamentarian, LVII, 4, 1976, pp. 240–1.

[47] Professor Sawer has commented ‘I would have thought that the precedents raise no doubt at all about the ability of a government to call for a general election at any time during the last six months of its normal existence, and probably earlier’ in Geoffrey Sawer, ‘Dissolution of Parliament in mid-term’, Canberra Times, 6 July 1977.

[48] H.R. Deb. (18.9.1925) 2576; see also correspondence between the Prime Minister and the Governor-General in relation to the simultaneous dissolution of 11 November 1975, PP 15 (1979) 5–6 and the dissolution of 30 November 1977, PP 16 (1979) 4.

[49] For comment on these precedents see H. V. Evatt, The King and his dominion governors: A study of the reserve powers of the Crown in Great Britain and the dominions, 2nd edn, Cheshire, Melbourne, 1967, pp. 50–4.

[50] No documents in relation to the refusal were made public.

[51] VP 1904/147 (12.8.1904); see also ‘Motions of no confidence or censure’ in Ch. on ‘Motions’.

[52] H.R. Deb. (17.8.1904) 4265.

[53] VP 1905/7 (30.6.1905); see also ‘Motions of no confidence or censure’ in Ch. on ‘Motions’.

[54] H.R. Deb. (5.7.1905) 134–5.

[55] VP 1909/7 (27.5.1909); see also ‘Motions of no confidence or censure’ in Ch. on ‘Motions’.

[56] H.R. Deb. (1.6.1909) 227.

[57] ‘Ministerial crisis 1909’, Cabinet minute in connection with the application of the Hon. Andrew Fisher for a dissolution,
PP 5 (1914–17) 13.

[58] L. F. Crisp, Australian national government, 5th edn, Longman Cheshire, Melbourne, 1983, p. 402.

[59] H. V. Evatt, The King and his dominion governors: A study of the reserve powers of the Crown in Great Britain and the dominions, 2nd edn, Cheshire, Melbourne, 1967, p. 54.

[60] H.R. Deb. (10.1.1918) 2895–6; see also H. V. Evatt, The King and his dominion governors: A study of the reserve powers of the Crown in Great Britain and the dominions, 2nd edn, Cheshire, Melbourne, 1967, pp. 153–6.

[61] L. F. Crisp, Australian national government, 5th edn, Longman Cheshire, Melbourne, 1983, pp. 403–4.

[62] VP 1990–93/605 (9.4.1991).

[63] E.g. VP 1976–77/253–4 (17.8.1976); VP 1990–93/605 (9.4.1991).

[64] VP 1961/6 (7.3.1961).

[65] VP 1974–75/9 (9.7.1974).

[66] VP 1974–75/153 (17.9.1974).

[67] S.O. 88.

[68] Constitution, ss. 2, 61.

[69] Constitution, s. 62.

[70] Constitution, s. 63.

[71] Quick and Garran, p. 703.

[72] For further discussion on the Executive Government (i.e. the Ministry) see Ch. on ‘House, Government and Opposition’.

[73] Constitution, s. 71.

[74] Constitution, s. 72.

[75] Constitution, s. 1.

[76] Constitution, ss. 51, 52.

[77] See Ch. on ‘Parliamentary privilege’ for a detailed discussion of the application of privilege.

[78] May, 24th edn, p. 218.

[79] See especially the Parliamentary Privileges Act 1987 and Ch. on ‘Parliamentary privilege’.

[80] Parliamentary Privileges Act 1987, s. 8.

[81] Detailed discussion can be found, for example, in Quick and Garran, pp. 508–662; G. Moens and J. Trone,Lumb, Moens and Trone, The Constitution of Australia annotate d, 9th edn, LexisNexis Butterworths, Sydney, 2016, pp. 118–238; W. Anstey Wynes, Legislative, executive and judicial powers in Australia, 5th edn, Law Book Co., Sydney, 1976, Chs. 6 & 7; and P. Hanks, Hanks Australian constitutional law: materials and commentary, 9th edn, LexisNexis Butterworths, 2013.

[82] Quick and Garran, pp. 647–8.

[83] Quick and Garran, pp. 651–5.

[84] Commonwealth v. Tasmania (1983) 158 CLR 1.

[85] Constitution Alteration (Social Services) 1946; Constitution Alteration (Aboriginals) 1967.

[86] See ‘Delegated legislation’ in Ch. on ‘Legislation’.

[87] Kartinyeri v. Commonwealth [1998] HCA 22, paras 13–16; and see, for example, H.R. Deb. (30.5.2006) 17–18.

[88] E.g. Federal Court of Australia, Family Court of Australia, Federal Circuit Court (formerly Federal Magistrates Court).

[89] Constitution, s. 71.

[90] Judiciary Act 1903, s. 4.

[91] Constitution, s. 72. Constitution alteration in 1977, Constitution Alteration (Retirement of Judges) Act 1977.

[92] Constitution, s. 72.

[93] E.g. Commonwealth Places (Application of Laws) Act 1970, s. 16; Judiciary Act 1903, s. 35.

[94] Constitution, s. 73.

[95] Constitution, s. 74.

[96] Privy Council (Limitation of Appeals) Act 1968, s. 3; Privy Council (Appeals from the High Court) Act 1975, s. 3.

[97] Privy Council (Limitation of Appeals) Act 1968, s. 4.

[98] P. Hanks, Hanks Australian constitutional law: materials and commentary, 9th edn, LexisNexis Butterworths, 2013, p. 50, see also pp. 38–9.

[99] Constitution, s. 75.

[100] Constitution, s. 77; e.g. Extradition (Foreign States) Act 1966, s. 25.

[101] Constitution, s. 76.

[102] Judiciary Act 1903, s. 30.

[103] See also Odgers, 14th edn, pp. 677–710.

[104] Quick and Garran, p. 731.

[105] Quick and Garran, p. 730.

[106] Parliamentary Commission of Inquiry Act 1986. Accounts of the 1984 Senate committee inquiries leading to the establishment of the Commission, and of the operation of the Commission and the course of its inquiry are given at pp. 21–26 of the second edition.

[107] VP 1985–87/950 (20.5.1986); J 1985–87/1009–10 (27.5.1986).

[108] Parliamentary Commission of Inquiry, Special report, 5 August 1986, PP 443 (1986).

[109] The records were placed into the custody of the Presiding Officers. In December 2016 the Presiding Officers announced that they had authorised the publication of the Class B records of the Commission, containing material mostly relating to the interpretation of section 72 of the Constitution; and in June 2017 they authorised the publication of the Class A records of the Commission, containing material relating to the conduct of the Hon. Lionel Keith Murphy, see Speaker’s statement to House H.R. Deb. (22.6.2017) 7423–5 and www.aph.gov.au/Parliamentary_Business/Parliamentary_Commission. The records were also presented to each House, VP 2016–18/1105 (14.9.2017).

[110] The Act of Settlement 1701 (UK) provided that judges held office during good behaviour but could be removed by addresses from both Houses of Parliament. For historical discussion relating to Australia see L. Lovelock and J. Evans, New South Wales Legislative Council Practice, Federation Press, Sydney, 2008, pp. 581–2.

[111] Quick and Garran, pp. 731–2.

[112] Senate Select Committee on the Conduct of a Judge, Report, PP 168 (1984) 58.

[113] ibid., p. 27.

[114] Parliamentary Commission of Inquiry, Special report dealing with the meaning of ‘misbehaviour’ for the purposes of section 72 of the Constitution, 19 August 1986, PP 443 (1986).

[115] ibid., pp. 18–19.

[116] ibid., p. 32.

[117] ibid., p. 45. ‘Natural justice’ is now more commonly referred to as ‘procedural fairness’.

[118] W. Anstey Wynes, Legislative, executive and judicial powers in Australia, 5th edn, Law Book Co., Sydney, 1976, p. 30.

[119] Judiciary Act 1903, s. 30.

[120] See In re Judiciary and Navigation Acts, (1921) 29 CLR 257. A Constitution Alteration (Advisory Jurisdiction of High Court) Bill 1983 provided for a referendum to be held on this matter but, although passed by both Houses, it was not submitted to the people.

[121] E.g. Amalgamated Society of Engineers v. Adelaide Steamship Co. Ltd (Engineers Case) (1920) 28 CLR 129; and Cole v. Whitfield (1998) 165 CLR 360.

[122] For the High Court’s role as the Court of Disputed Returns see Ch. on ‘Elections and the electoral system’. Cases involving challenges to membership of the Parliament under the Constitution are covered in the Ch. on ‘Members’, and cases involving taxation and some other laws are covered in the Ch. on ‘Financial legislation’.

[123] Victoria v. Commonwealth (1975) 134 CLR 81.

[124] See also Ch. on ‘Double dissolutions and joint sittings’ for the cases concerning s. 57.

[125] Attorney-General (Australia) (ex rel. McKinlay) v. Commonwealth (1975) 135 CLR 1.

[126] Attorney-General (NSW) (ex rel. McKellar) v. Commonwealth (1977) 139 CLR 527.

[127] Brown v. West and anor (1990) 169 CLR 195.

[128] Roach v. Electoral Commissioner [2007] HCA 43.

[129] Rowe v. Electoral Commissioner [2010] HCA 46. The amendments made in 2006 had operated for the 2007 general election.

[130] Combet v. Commonwealth (2005) 221 ALR 621; Pape v. Commissioner of Taxation [2009] HCA 23; Williams v. Commonwealth [2012] HCA 23; Williams v. Commonwealth (No. 2) [2014] HCA 23.

[131] And see G. Moens and J. Trone,Lumb, Moens and Trone, The Constitution of Australia annotated, 9th edn, LexisNexis Butterworths, Sydney, 2016, pp. 256–61; P. Hanks, Hanks Australian constitutional law: materials and commentary, 9th edn, LexisNexis Butterworths, 2013, pp. 807–12.

[132] Sometimes cited as 1689. However, 1688 is historical UK practice, and consistent with the Parliamentary Privileges Act 1987 and other Australian legislation. For explanation for assigning the year 1688 see editorial information attached to the text of the Bill of Rights [1688] on the legislation.gov.uk database.

[133] For historical account see May, 24th edn, pp. 281–305.

[134] Parliamentary Privileges Act 1987, s. 14.

[135] May, 24th edn, p. 248, although it is doubtful whether in modern times actual service would as a general rule be regarded as a breach.

[136] Jury Exemption Act 1965, s. 4.

[137] Jury Exemption Regulations, SR 186 of 1987.

[138] H.R. Deb. (22.4.1908) 10486.

[139] See also Ch. on ‘Control and conduct of debate’.

[140] See also Ch. on ‘Control and conduct of debate’.

[141] Quick and Garran, pp. 988–91.

[142] G. Moens and J. Trone, Lumb Moens and Trone, The Constitution of Australia annotated, 9th edn, LexisNexis Butterworths, Sydney, 2016, pp. 41–2, 503–4.

[143] See Quick and Garran, pp. 282 ff.

[144] Constitution, s. 128.

[145] See Ch. on 'Legislation’.

[146] See Ch. on 'Double dissolutions and joint sittings’.

[147] Constitution alteration bills relating to Corporations, Industrial Matters, Nationalization of Monopolies, Railway Disputes, Trade and Commerce, and Trusts; J 1913/120–3 (9.12.1913); VP 1913/232 (18.12.1913); J 1914/77–8 (11.6.1914).

[148] VP 1914/75–7 (11.6.1914).

[149] J 1914/91–4 (18.6.1914).

[150] J 1914/98 (24.6.1914).

[151] Odgers, 6th edn, p. 103; and see Ch. on 'Double dissolutions and joint sittings’.

[152] R. D. Lumb and G. A. Moens, The Constitution of the Commonwealth of Australia annotated, 5th edn, Butterworths, Sydney, 1995, p. 569.

[153] VP 1914/71 (5.6.1914).

[154] H.R. Deb. (17.6.1914) 2191–2.

[155] VP 1915/276–7 (2.7.1915); J 1915/229–32 (15.7.1915).

[156] Constitution alteration bills relating to Simultaneous Elections, Democratic Elections, Local Government Bodies, and Mode of Altering the Constitution, VP 1973–74/525–8 (14.11.1973), 532–8 (15.11.1973), 551–6 (21.11.1973); J 1973–74/552–5 (4.12.1973), 567–8 (5.12.1973); VP 1973–74/609–10, 615–16 (5.12.1973).

[157] VP 1974/17–29 (6.3.1974); J 1974/49, 50, 54–5 (13–14.3.1974).

[158] Detailed proceedings of all proposals to alter the Constitution initiated in the 1973–75 period are shown in Appendix 25 of the 1st edn.

[159] Referendum (Constitution Alteration) (No. 2) Act 1915. During its passage through the House the bill was incorrectly identified in the Votes and Proceedings as the Referendum (Withdrawal of Writs) Bill, VP 1914–17/408 (11.11.1915), 420 (9.5.1916). The reason for this is unknown. It was correctly identified in the Senate.

[160] H.R. Deb. (9.3.1966) 51.

[161] S. Deb. (15.12.1983) 3920–1.

[162] The reference to ‘Territory’ in relation to a referendum means a Territory which is represented in the House of Representatives. Electors in the Australian Capital Territory and the Northern Territory gained the right to vote at a referendum in 1977, Constitution Alteration (Referendums) 1977.

[163] See Ch. on ‘Legislation’.

[164] Referendum (Machinery Provisions) Act 1984, schedule 1.

[165] Reith v. Morling and ors, (12 August 1988, High Court Registry, No. M58 of 1988).

[166] For assent details see Ch. on ‘Legislation’.

[167] See 5th paragraph of s. 128 of Constitution.

[168] Acts Interpretation Act 1901, s. 5(1B).

[169] Referendum (Machinery Provisions) Act 1984, s. 11. If a proposal is passed unanimously by the Parliament, a ‘No’ case is not prepared. Members may vote against the bill, not because they oppose the question being put to the people, but to be able to be involved in the preparation of the ‘No’ case, H.R. Deb. (9.8.1999) 8148. See also Standing Committee on Legal and Constitutional Affairs, A time for change: Yes/No? Inquiry into the machinery of referendums, December 2009; PP 40 (2010).

[170] See S. Deb. (21.3.1974) 469–70.

[171] Referendum (Machinery Provisions) Act 1984, s. 100.

[172] Referendum (Machinery Provisions) Act 1984, s. 102.

[173] See Appendix 14.

[174] Military Service Referendum Act 1916.

[175] War Precautions (Military Service Referendum) Regulations, SR 290 of 1917.

[176] Conducted pursuant to ministerial direction, VP 1977/4 (9.3.1977). In 1974 a ‘National Anthem Poll’—a survey of a sample of the population—had been conducted by the Australian Bureau of Statistics, see H.R. Deb. (8.4.1974) 1108–10.

[177] The bill was passed by the House but defeated in the Senate. After a later motion to restore the bill to the Senate Notice paper was defeated, arrangements were made for a ‘voluntary postal plebiscite’—the Australian Marriage Law Postal Survey of persons on the electoral roll—conducted by the Australian Bureau of Statistics pursuant to ministerial direction (Census and Statistics (Statistical Information) Direction 2017).

[178] Royal Commission on the Constitution, Report, PP 16 (1929–31); VP 1929–31/9 (21.11.1929).

[179] P. H. Lane, An introduction to the Australian Constitution, 2nd edn, Law Book Co., Sydney, 1977, p. 247.

[180] Convention of Representatives of Commonwealth and State Parliaments on Proposed Alteration of the Commonwealth Constitution—Record of proceedings, 24 November—2 December, 1942, Govt Pr., Canberra.

[181] VP 1956–57/168–9 (24.5.1956), 171 (29.5.1956).

[182] VP 1958/214 (1.10.1958); Joint Committee on Constitutional Review, Report, PP 50 (1958).

[183] VP 1959–60/306 (26.11.1959); Joint Committee on Constitutional Review, Report, PP 108 (1959–60).

[184] And see VP 1987–90/30 (16.9.1987).

[185] VP 1987–90/516 (10.5.1988), 559 (23.5.1988).

[186] VP 1987–90/517–8 (10.5.1988).

[187] A non-partisan non-government body (although mostly funded by Commonwealth, State and Territory government grants).

[188] PP 167–169 (1993).

[189] Quick and Garran, p. 339.

[190] Quick and Garran, p. 414.

[191] Quick and Garran, p. 448.

[192] Quick and Garran, p. 337.

[193] But not without question in the minds of others—see, for example, I. C. Harris, ‘The Structure of the Australian House of Representatives over its first one hundred years’, UNSW Law Journal, vol. 24, no. 3, 2001, referring to statements by Messrs Baker and Barton at the Adelaide Convention.

[194] It has been stated that ‘Probably the most striking achievement of the framers of the Australian instrument of government was the successful combination of the British system of parliamentary government containing an executive responsible to the legislature with American federalism.’ R v. Kirby; ex parte Boilermakers’ Society of Australia (1956) 94 CLR 254 at 275.

[195] See also Ch. on ‘House, Government and Opposition’.

[196] Sir Ivor Jennings, Parliament, 2nd edn, Cambridge University Press, 1957, p. 398.

[197] May, 24th edn, p. 786; CJ (1667–87) 235, 509.

[198] For a detailed discussion see Ch. on ‘Financial legislation’.

[199] Constitution, s. 53.

[200] For example, see John Hatsell, Precedents of proceedings in the House of Commons (1818) Vol 3, p. 67. Hatsell notes the leading principle that there shall subsist a perfect equality between the two Houses and total independence in every respect one of the other, and continues ‘From hence it is, that neither House can claim, much less exercise, any authority over a Member of the other … '. see also R v. Chaytor and others [2010] UKSC 52, pp. 25–31, for a more contemporary discussion of exclusive cognisance.

[201] See also Chs on ‘Parliament House and access to proceedings’ and ‘The Speaker, Deputy Speakers and officers’.

[202] S.O.s 258–261.

[203] S.O.s 258, 262–266.

[204] S.O. 238, 258; and see Ch. on ‘Parliamentary committees’.

[205] S.O.s 224–7; and see Ch. on ‘Parliamentary committees’.

[206] Constitution, s. 57; and see Ch. on ‘Double dissolutions and joint sittings’. For joint sittings to choose a person to fill a vacancy in the place of a Senator for a Territory see Ch. on ‘Elections and the electoral system’.

[207] S.O.s 251, 252; Senate S.O.s 178, 179; and see Chs on ‘Committee inquiries’ and ‘Parliamentary privilege’.

[208] In 1981 Speaker Snedden appeared voluntarily before the Senate Select Committee on Parliament’s Appropriations and Staffing, S. Deb. (12.6.1981) 3198–9. In 2014 the Minister for Immigration and Border Protection appeared voluntarily before the Senate Legal and Constitutional Affairs References Committee (31.1.2014).

[209] VP 1985–87/1365 (27.11.1986); J 1985–87/1514 (1.12.1986), 1576 (5.12.1986); VP 1993–96/596 (15.12.1993), 649 (17.12.1993); J 1993–96/1077–8 (17.12.1993).

[210] VP 1998–2001/2157 (7.3.2001).

[211] Following introduction of Senate estimates committees in l970.

[212] VP 1970–72/252–3 (20.8.1970); PP 114 (1970) 2–3.

[213] S.O. 89; and see Ch. on ‘Control and conduct of debate’.

[214] Detailed discussion of the procedural forms mentioned can be found elsewhere in the text.

[215] Correspondence between the Official Secretary of the Governor-General and the Acting Solicitor-General, dated 26 June 2013. H.R. Deb. (27.6.2013) 7243–4.

[216] For further detail on 1975 events see ‘The 1975 double dissolution’ in Ch. on ‘Double dissolutions and joint sittings’.

[217] See Ch. on ‘Non-government business’.

[218] For commentary on these matters see John Uhr, Deliberative democracy in Australia: The changing place of Parliament, Cambridge University Press, 1998.

[219] And see ‘Motions of no confidence or censure’ in Ch. on ‘Motions’.

[220] See Ch. on ‘Parliamentary committees’.

[221] As a collective function of the House this is largely an extension of a fundamental role of the individual Member whether it is exercised in the House or outside it. see particularly Ch. on ‘Members’.

[222] See ‘Petitions’ in Ch. on ‘Documents’.

[223] See ‘Delegated legislation’ in Ch. on ‘Legislation’. The Senate Standing Committee on Regulations and Ordinances plays a major role in overseeing delegated legislation.