Parliament of Australia

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Parliament of Australia
Type	Bicameral
Houses	House of Representatives Senate
Speaker of the House of Representatives	Harry Jenkins, Australian Labor Party since 12 February 2008
President of the Senate	Alan Ferguson, Liberal Party since 14 August 2007
Members	226 (150 Representatives, 76 Senators)
Political groups	Liberal Party ALP National Party Country Liberal Party Greens Democrats FFP
Last elections	24 November 2007
Meeting place	Parliament House, Canberra, ACT, Australia
Web site	www.aph.gov.au

The Parliament of Australia or Commonwealth Parliament is the legislative branch of government of Australia. It is bicameral, largely modelled in the Westminster tradition, but with some influences from the United States Congress. According to Section 1 of the Constitution of Australia, Parliament consists of three components: the Queen, the Senate, and the House of Representatives. The Queen is normally represented by the Governor-General.

The lower house, the House of Representatives, currently consists of 150 members, who represent districts known as electoral divisions (commonly referred to as "electorates" or "seats"). The number of members is not fixed, but can vary with boundary changes resulting from electoral redistributions, which are required on a regular basis. The most recent overall increase in the size of the House, which came into effect at the 1984 election, increased the number of members from 125 to 148. It reduced to 147 at the 1993 election, returned to 148 at the 1996 election, and has been 150 since the 2001 election. Each division elects one member using preferential voting. The upper house, the Senate, consists of 76 members: twelve for each state, and two for each mainland territory. Senators are elected using a form of proportional voting. The two Houses meet in separate chambers of Parliament House on Capital Hill in Canberra. The present Parliament is the 42nd Federal Parliament since Federation.

As of the 2007 federal election, Labor holds 83 seats to the coalition's 65 (Liberal 55, National 10) in the 150-seat lower house, with two seats held by independents. In the 76-seat upper house, as of July 2008, Labor will hold 32 to the coalition's 37, with 5 Greens, 1 Family First and 1 independent on the crossbench.

Contents 1 History 2 Composition 3 Procedure 4 Functions 5 Relationship with the Government 6 Privileges 7 Notes 8 See also 9 External links

[edit] History

The Commonwealth Parliament was opened on 9 May 1901 in Melbourne.^[1] The only building in Melbourne large enough to house the 14,000 guests was the Royal Exhibition Building. Thereafter, from 1901 to 1927 it met in Parliament House, Melbourne, which it borrowed from the Parliament of Victoria (which sat in the Royal Exhibition Building). On 9 May 1927 Parliament moved to the new national capital at Canberra, where it met in what is now called Old Parliament House. Intended to be temporary, this building in fact housed the Parliament for more than 60 years. The permanent Parliament House, Canberra was opened on 9 May 1988. Australia has the fourth-longest continuously operating democracy in the world.^[2]

[edit] Composition

Under Section 1 of the Constitution, the Queen of Australia is one of the components of Parliament. The constitutional functions of the Crown are delegated to the Governor-General, whom the Monarch appoints on the advice of the Prime Minister. Various other functions are assigned to the Governor-General by the Constitution and by legislation. However, by constitutional convention, the Governor-General does not normally exercise these powers, except upon the advice of the Prime Minister or other ministers.

The upper house of the Australian Parliament is the Senate, which consists of 72 members. Like the United States Senate, on which it was modeled, the Australian Senate includes an equal number of Senators from each state, regardless of population. The Constitution allows Parliament to determine the number of Senators by legislation, provided that the six original states are equally represented. Furthermore, the Constitution provides that each original state is entitled to at least six senators. However, neither of these provisions applies to any newly admitted states, or to territories. Pursuant to an Act of Parliament passed in 1973, senators are elected to represent the territories (excluding Norfolk Island). Currently, the two Northern Territory Senators represent the residents of the Northern Territory as well as the Australian external territories of Christmas Island and the Cocos (Keeling) Islands. The two Australian Capital Territory Senators represent the Australian Capital Territory and the Jervis Bay Territory.

Until 1949, each state elected the constitutional minimum of six Senators. This number increased to ten from the elections of 1949, and was increased again to twelve (the present number) from the elections of 1984.

Parliament may determine the number of members of the House of Representatives. However the Constitution provides that this number must be "as nearly as practicable, twice the number of Senators"; this requirement is commonly called the "nexus provision." Hence, the House presently consists of 150 members. Each state is allocated seats based on its population; however, each original state, regardless of size, is guaranteed at least five seats. The Constitution does not guarantee representation for the territories. Parliament granted a seat to the Northern Territory in 1922, and to the Australian Capital Territory in 1948; these territorial representatives, however, had only limited voting rights until 1968.

From 1901 to 1949, the House consisted of either 74 or 75 members. Between 1949 and 1984, it had between 121 and 127 members. In 1977, the High Court ordered that the size of the House be reduced from 127 to 124 members in order to comply with the nexus provision. In 1984, both the Senate and the House were enlarged; since then the House has had between 148 and 150 members.

Individuals with foreign citizenship are prohibited from sitting in either house of the parliament by S44 of the Constitution of Australia. In the landmark case Sue v Hill the High Court of Australia ruled that the United Kingdom is a foreign power for purposes of this section despite the fact that at the time of the drafting of the Constitution all Australians were British subjects.

[edit] Procedure

Each of the two Houses elects a presiding officer. The presiding officer of the Senate is called the President; that of the House is the Speaker. Elections for these positions are by secret ballot. Both offices are filled by members of the governing party, but the presiding officers are expected to oversee debate and enforce the rules in an impartial manner.

The Constitution authorises Parliament to set the quorum for each chamber. The quorum of the House of Representatives is one-fifth of the total membership (thirty); that of the Senate is one-quarter of the total membership (nineteen). In theory, if a quorum is not present, then a House may not continue to meet. In practice, members usually agree not to notice that a quorum is not present, so that debates on routine bills can continue without other members having to be present. Sometimes the Opposition will "call a quorum" as a tactic to annoy the Government or delay proceedings, particularly when the Opposition feels it has been unfairly treated in the House. It is the responsibility of the Government whips to ensure that when a quorum is called, enough Government members are present to make up a quorum.

Both Houses may determine motions by voice vote: the presiding officer puts the question, and, after listening to shouts of "Aye" and "No" from the members, announces the result. The announcement of the presiding officer settles the question, unless at least two members demand a "division," or a recorded vote. In that case the bells are rung throughout Parliament House summoning Members or Senators to the chamber. During a division, members who favour the motion move to the right side of the chamber, whereas those opposed move to the left. They are then counted by the "tellers" (Government and Opposition whips), and the motion is passed or defeated accordingly. In the House of Representatives, the Speaker does not vote, except in case of a tie (see casting vote). In the Senate, in order not to deprive a state of a vote in what is supposed to be a states' house, the President votes along with other Senators; in the case of a tie, the motion fails.

In the event of conflict between the two Houses over the final form of legislation, the Constitution provides for a simultaneous dissolution of both Houses, a "double dissolution". If the conflict continues after such an election, the government may convene a joint sitting of both Houses to consider the disputed legislation. This has occurred only once, after the election following the 1974 double dissolution.

[edit] Functions

The principal function of the Parliament is to pass laws, or legislation. Any Member or Senator may introduce a proposed law (a bill), except for a money bill (a bill proposing an expenditure or levying a tax), which must be introduced in the House of Representatives. In practice, the great majority of bills are introduced by ministers. Bills introduced by other Members are called private members' bills. All bills must be passed by both Houses to become law. The Senate has the same legislative powers as the House, except that it may not amend money bills, only pass or reject them. The enacting formula for Acts of Parliament is simply "The Parliament of Australia enacts:".

The Parliament performs other functions besides legislation. It can discuss urgency motions or matters of public importance: these provide a forum for debates on public policy matters. Members can move motions of censure against the government or against individual ministers. On most sitting days in both Houses there is a session called Question Time at which Members and Senators address questions to the Prime Minister and other ministers. Members and Senators can also present petitions from their constituents. Both Houses have an extensive system of committees in which draft bills are debated, evidence is taken and public servants are questioned.

[edit] Relationship with the Government

A minister is not required to be a member of the House or the Senate at the time of their appointment, but their office is forfeited if they do not become a member of either house within 3 months of their appointment.

This provision was included in the Constitution to enable the inaugural Ministry, led by Edmund Barton, to be appointed on 1 January 1901, even though the first federal elections were not scheduled to be held until 29 and 30 March.

The provision also came into effect when the Liberal Prime Minister Harold Holt disappeared, presumed drowned, on 17 December 1967. The Liberal Party elected Senator John Gorton as its new leader, and he was sworn in as Prime Minister on 10 January 1968. On 1 February, Gorton resigned from the Senate to stand for the by-election in Holt's former electorate of Higgins. For 24 days (1 to 24 February) he was Prime Minister while being a member of neither house of parliament.

On a number of occasions when a Minister has retired from their seat prior to an election, or stood but lost their own seat in the election, they have retained their Ministerial office until the next government is sworn in.

[edit] Privileges

Members of the Australian Parliament do not have legal immunity: they can be arrested and tried for any offence. They do, however, have Parliamentary privilege: they cannot be sued for anything they say in Parliament about each other or about persons outside the Parliament. This privilege extends to reporting in the media of anything a Member or Senator says in Parliament. The proceedings of parliamentary committees, wherever they meet, are also covered by privilege, and this extends to witnesses before such committees.

There is a legal offence called contempt of Parliament. A person who speaks or acts in a manner contemptuous of the Parliament or its members can be tried and, if convicted, imprisoned. The Parliament used to have the power to hear such cases itself, and did so in the Browne–Fitzpatrick privilege case, 1955. This power has now been delegated to the courts. There have been few convictions. In May 2007, Harriet Swift, an anti-logging activist from New South Wales was convicted and reprimanded for contempt of Parliament, after she wrote fictitious press releases and letters purporting to be Federal MP Gary Nairn as an April Fools' Day prank.^[3]

[edit] Notes

[edit] See also

• Members of the Australian House of Representatives, 2007-2010
• List of members of the Australian Senate
• Official Openings by the Monarch in Australia

[edit] External links

• The Parliament of Australia's website
• The Australian Constitution at ComLaw
• Australian Parliament - live broadcasting

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