Chapter XXII: Part II: The Senate
7. The Senate shall be composed of senators for each State,
directly chosen by the people of the State, voting, until the
Parliament otherwise provides, as one electorate. But until
the Parliament of the Commonwealth otherwise provides, the
Parliament of the State of Queensland, if that State be an
Original State, may make laws dividing the State into
divisions and determining the number of senators to be chosen
for each division, and in the absence of such provision the
State shall be one electorate. Until the Parliament otherwise
provides there shall be six senators for each Original State.
The Parliament may make laws increasing or diminishing the
number of senators for each State, but so that equal
representation of the several Original States shall be
maintained and that no Original State shall have less than six
senators. The senators shall be chosen for a term of six
years, and the names of the senators chosen for each State
shall be certified by the Governor to the Governor-General.
8. The qualification of electors of senators shall be in each
State that which is prescribed by this Constitution, or by the
Parliament, as the qualification for electors of members of
the House of Representatives; but in the choosing of senators
each elector shall vote only once.
9. The Parliament of the Commonwealth may make laws
prescribing the method of choosing senators, but so that the
method shall be uniform for all the States. Subject to any
such law, the Parliament of each State may make laws
prescribing the method of choosing the senators for that
State. The Parliament of a State may make laws for determining
the times and places of elections of senators for the State.
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10. Until the Parliament otherwise provides, but subject to
this Constitution, the laws in force in each State, for the
time being, relating to elections for the more numerous House
of the Parliament of the State shall, as nearly as
practicable, apply to elections of senators for the State.
11. The Senate may proceed to the despatch of business,
notwithstanding the failure of any State to provide for its
representation in the Senate.
12. The Governor of any State may cause writs to be issued for
elections of senators for the State. In case of the
dissolution of the Senate the writs shall be issued within ten
days from the proclamation of such dissolution.
13. As soon as may be after the Senate first meets, and after
each first meeting of the Senate following a dissolution
thereof, the Senate shall divide the senators chosen for each
State into two classes, as nearly equal in number as
practicable; and the places of the senators of the first class
shall become vacant at the expiration of the third year, and the
places of those of the second class at the expiration of the
sixth year, from the beginning of their term of service; and
afterwards the places of senators shall become vacant at the
expiration of six years from the beginning of their term of
service. The election to fill vacant places shall be made in
the year at the expiration of which the places are to become
vacant. For the purposes of this section the term of service
of a senator shall be taken to begin on the first day of
January following the day of his election, except in the cases
of the first election and of the election next after any
dissolution of the Senate, when it shall be taken to begin on
the first day of January preceding the day of his election.
14. Whenever the number of senators for a State is increased
or diminished, the Parliament of the Commonwealth may make
such provision for the vacating of the places of senators for
the State as it deems necessary to maintain regularity in the
rotation.
15. If the place of a senator becomes vacant before the
expiration of his term of service, the Houses of Parliament of
the State for which he was chosen shall, sitting and voting
together, choose a person to hold the place until the
expiration of the term, or until the election of a successor
as hereinafter provided, whichever first happens. But if the
Houses of Parliament of the State are not in session at the
time when the vacancy is notified, the Governor of the State,
with the advice of the Executive Council thereof, may appoint
a person to hold the place until the expiration of fourteen
days after the beginning of the next session of the Parliament
of the State, or until the election of a successor, whichever
first happens. At the next general election of members of the
House of Representatives, or at the next election of senators
for the State, whichever first happens, a successor shall, if
the term has not then expired, be chosen to hold the place
from the date of his election until the expiration of the
term. The name of any senator so chosen or appointed shall be
certified by the Governor of the State to the
Governor-General.
16. The qualifications of a senator shall be the same as those
of a member of the House of Representatives.
17. The Senate shall, before proceeding to the despatch of any
other business, choose a senator to be the President of the
Senate; and as often as the office of President becomes vacant
the Senate shall again choose a senator to be the President.
The President shall cease to hold his office if he ceases to
be a senator. He may be removed from office by a vote of the
Senate, or he may resign his office or his seat by writing
addressed to the Governor-General.
18. Before or during any absence of the President, the Senate
may choose a senator to perform his duties in his absence.
19. A Senator may, by writing addressed to the President, or
to the Governor-General if there is no President or if the
President is absent from the Commonwealth, resign his place,
which thereupon shall become vacant.
20. The place of a senator shall become vacant if for two
consecutive months of any session of the Parliament he,
without the permission of the Senate, fails to attend the
Senate.
21. Whenever a vacancy happens in the Senate, the President,
or if there is no President or if the President is absent from
the Commonwealth the Governor-General, shall notify the same
to the Governor of the State in the representation of which
the vacancy has happened.
22. Until the Parliament otherwise provides, the presence of
at least one-third of the whole number of the senators shall
be necessary to constitute a meeting of the Senate for the
exercise of its powers.
23. Questions arising in the Senate shall be determined by a
majority of votes, and each senator shall have one vote. The
President shall in all cases be entitled to a vote; and when
the votes are equal the question shall pass in the negative.
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History for ready reference, Volume 6Chapter XXII: Part II: The Senate
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