Skip to content

Chapter XXIII: Part III: The House of Representatives

Text size

24. The House of Representatives shall be composed of members
directly chosen by the people of the Commonwealth, and the
number of such members shall be, as nearly as practicable,
twice the number of the senators. The number of members chosen
in the several States shall be in proportion to the respective
numbers of their people, and shall, until the Parliament
otherwise provides, be determined, whenever necessary, in the
following manner:—

(i.) A quota shall be ascertained by dividing the number of
the people of the Commonwealth, as shown by the latest
statistics of the Commonwealth, by twice the number of the
senators.

(ii.) The number of members to be chosen in each State
shall be determined by dividing the number of the people of
the State, as shown by the latest statistics of the
Commonwealth, by the quota; and if on such division there
is a remainder greater than one-half of the quota, one more
member shall be chosen in the State. But notwithstanding
anything in this section, five members at least shall be
chosen in each Original State.

25. For the purposes of the last section, if by the law of any
State all persons of any race are disqualified from voting at
elections for the more numerous House of the Parliament of the
State, then, in reckoning the number of the people of the
State or of the Commonwealth, persons of that race resident in
that State shall not be counted.

{157}

26. Notwithstanding anything in section twenty-four, the
number of members to be chosen in each State at the first
election shall be as follows:—

New South Wales, twenty-three;
Victoria, twenty;
Queensland, eight;
South Australia, six;
Tasmania, five;

provided that if Western Australia is an Original State, the
numbers shall be as follows:—

New South Wales, twenty-six;
Victoria, twenty-three;
Queensland, nine;
South Australia, seven;
Western Australia, five;
Tasmania, five.

27. Subject to this Constitution, the Parliament may make laws
for increasing or diminishing the number of the members of the
House of Representatives.

28. Every House of Representatives shall continue for three
years from the first meeting of the House, and no longer, but
may be sooner dissolved by the Governor-General.

29. Until the Parliament of the Commonwealth otherwise
provides, the Parliament of any State may make laws for
determining the divisions in each State for which members of
the House of Representatives may be chosen, and the number of
members to be chosen for each division. A division shall not
be formed out of parts of different States. In the absence of
other provision, each State shall be one electorate.

30. Until the Parliament otherwise provides, the qualification
of electors of members of the House of Representatives shall
be in each State that which is prescribed by the law of the
State as the qualification of electors of the more numerous
House of Parliament of the State; but in the choosing of
members each elector shall vote only once.

31. 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 in the State of members of the
House of Representatives.

32. The Governor-General in Council may cause writs to be
issued for general elections of members of the House of
Representatives. After the first general election, the writs
shall be issued within ten days from the expiry of a House of
Representatives or from the proclamation of a dissolution
thereof.

33. Whenever a vacancy happens in the House of
Representatives, the Speaker shall issue his writ for the
election of a new member, or if there is no Speaker or if he
is absent from the Commonwealth the Governor-General in
Council may issue the writ.

34. Until the Parliament otherwise provides, the
qualifications of a member of the House of Representatives
shall be as follows:—

(i.) He must be of the full age of twenty-one years, and
must be an elector entitled to vote at the election of
members of the House of Representatives, or a person
qualified to become such elector, and must have been for
three years at the least a resident within the limits of
the Commonwealth as existing at the time when he is chosen:

(ii.) He must be a subject of the Queen, either
natural-born or for at least five years naturalized under a
law of the United Kingdom, or of a Colony which has become
or becomes a State, or of the Commonwealth, or of a State.

35. The House of Representatives shall, before proceeding to
the despatch of any other business, choose a member to be the
Speaker of the House, and as often as the office of Speaker
becomes vacant the House shall again choose a member to be the
Speaker. The Speaker shall cease to hold his office if he
ceases to be a member. He may be removed from office by a vote
of the House, or he may resign his office or his seat by
writing addressed to the Governor-General.

36. Before or during any absence of the Speaker, the House of
Representatives may choose a member to perform his duties in
his absence.

37. A member may by writing addressed to the Speaker, or to
the Governor-General if there is no Speaker or if the Speaker
is absent from the Commonwealth, resign his place, which
thereupon shall become vacant.

38. The place of a member shall become vacant if for two
consecutive months of any session of the Parliament he,
without the permission of the House, fails to attend the
House.

39. Until the Parliament otherwise provides, the presence of
at least one-third of the whole number of the members of the
House of Representatives shall be necessary to constitute a
meeting of the House for the exercise of its powers.

40. Questions arising in the House of Representatives shall be
determined by a majority of votes other than that of the
Speaker. The Speaker shall not vote unless the numbers are
equal, and then he shall have a casting vote.

Comments

Log in to leave a comment.

History for ready reference, Volume 6Chapter XXIII: Part III: The House of Representatives

0%4 min left in chapter