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Section 40 Of The Constitution Of Australia
Section 40 of the Constitution of Australia provides that questions in the House of Representatives shall be determined by majority vote, excluding that of the Speaker. If there is a tie, then the Speaker has a casting vote. The Speaker does not have to use this vote, and if they choose not to do so, then the question is answered in the negative."The Speaker's Casting Vote"
The Hon. Neil Andrew MP, Speaker of the House of Representatives.
Unlike in the , tied votes in the House of Representatives are rare. From



Frederick Holder1
Frederick may refer to: People * Frederick (given name), the name Nobility Anhalt-Harzgerode *Frederick, Prince of Anhalt-Harzgerode (1613–1670) Austria * Frederick I, Duke of Austria (Babenberg), Duke of Austria from 1195 to 1198 * Frederick II, Duke of Austria (1219–1246), last Duke of Austria from the Babenberg dynasty * Frederick the Fair (Frederick I of Austria (Habsburg), 1286–1330), Duke of Austria and King of the Romans Baden * Frederick I, Grand Duke of Baden (1826–1907), Grand Duke of Baden * Frederick II, Grand Duke of Baden (1857–1928), Grand Duke of Baden Bohemia * Frederick, Duke of Bohemia (died 1189), Duke of Olomouc and Bohemia Britain * Frederick, Prince of Wales (1707–1751), eldest son of King George II of Great Britain Brandenburg/Prussia * Frederick I, Elector of Brandenburg (1371–1440), also known as Frederick VI, Burgrave of Nuremberg * Frederick II, Elector of Brandenburg (1413–1470), Margrave of Brandenburg * Frederick William, Elector ...
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Australian House Of Representatives
The House of Representatives is the lower house of the bicameral Parliament of Australia, the upper house being the Senate. Its composition and powers are established in Chapter I of the Constitution of Australia. The term of members of the House of Representatives is a maximum of three years from the date of the first sitting of the House, but on only one occasion since Federation has the maximum term been reached. The House is almost always dissolved earlier, usually alone but sometimes in a double dissolution of both Houses. Elections for members of the House of Representatives are often held in conjunction with those for the Senate. A member of the House may be referred to as a "Member of Parliament" ("MP" or "Member"), while a member of the Senate is usually referred to as a "Senator". The government of the day and by extension the Prime Minister must achieve and maintain the confidence of this House in order to gain and remain in power. The House of Representatives c ...
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Speaker Of The Australian House Of Representatives
The Speaker of the House of Representatives is the presiding officer of the House of Representatives, the lower house of the Parliament of Australia. The counterpart in the upper house is the President of the Senate. The office of Speaker was created by section 35 of the Constitution of Australia. The authors of the Constitution intended that the House of Representatives should as nearly as possible be modelled on the House of Commons of the United Kingdom. The Speaker presides over House of Representatives debates, determining which members may speak. The Speaker is also responsible for maintaining order during debate, and may punish members who break the rules of the House. The Speaker is currently Milton Dick, who was elected on 26 July 2022. Election The Speaker is elected by the House of Representatives in a secret ballot, with an election held whenever the Office of the Speaker is vacant, as set out in Chapter 3 of the House of Representatives Standing and Sessional Or ...
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Casting Vote
A casting vote is a vote that someone may exercise to resolve a tied vote in a deliberative body. A casting vote is typically by the presiding officer of a council, legislative body, committee, etc., and may only be exercised to break a deadlock. Examples of presiding officers who hold casting votes are the Speaker of the House of Commons in the United Kingdom and the President of the United States Senate (an ex-officio role of the Vice President of the United States). In some legislatures, a casting vote may be exercised however the presiding officer wishes. For example, the Vice President of the United States may exercise their casting vote when the Senate is evenly divided according to their own personal beliefs; by virtue of the Vice President's political leanings and affiliations, the Vice President's political party is able to serve as the majority party in the Senate and elect one of their own to serve as Majority Leader. In some other legislatures, by contrast, a ca ...
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Australian Senate
The Senate is the upper house of the Bicameralism, bicameral Parliament of Australia, the lower house being the House of Representatives (Australia), House of Representatives. The composition and powers of the Senate are established in Chapter I of the Constitution of Australia. There are a total of 76 senators: 12 are elected from each of the six states and territories of Australia, Australian states regardless of population and 2 from each of the two autonomous internal states and territories of Australia, Australian territories (the Australian Capital Territory and the Northern Territory). Senators are popularly elected under the single transferable vote system of proportional representation. Unlike upper houses in other Westminster system, Westminster-style parliamentary systems, the Senate is vested with significant powers, including the capacity to reject all bills, including budget and appropriation bills, initiated by the government in the House of Representatives, maki ...
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Federation Of Australia
The Federation of Australia was the process by which the six separate British self-governing colonies of Queensland, New South Wales, Victoria, Tasmania, South Australia (which also governed what is now the Northern Territory), and Western Australia agreed to unite and form the Commonwealth of Australia, establishing a system of federalism in Australia. The colonies of Fiji and New Zealand were originally part of this process, but they decided not to join the federation. Following federation, the six colonies that united to form the Commonwealth of Australia as states kept the systems of government (and the bicameral legislatures) that they had developed as separate colonies, but they also agreed to have a federal government that was responsible for matters concerning the whole nation. When the Constitution of Australia came into force, on 1 January 1901, the colonies collectively became states of the Commonwealth of Australia. The efforts to bring about federation in the m ...
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Section 36 Of The Constitution Of Australia
Chapter I of the Constitution of Australia establishes the Parliament of Australia The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislature, legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the ... and its role as the legislative branch of the Government of Australia. The chapter consists of 60 sections which are organised into 5 parts. Part I: General Part I contains 6 sections: * Section 1: Legislative power * Section 2: Governor-General * Section 3: Salary of Governor-General * Section 4: Provisions relating to Governor-General * Section 5: Sessions of Parliament. Prorogation and dissolution * Section 6: Yearly session of Parliament Part II: The Senate Part II contains 17 sections: *Section 7: The Senate *Section 8: Qualification of electors *Section 9: Method of election of senators in the senate *Section 10: Application of State laws *Se ...
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Parliament Of Victoria
The Parliament of Victoria is the bicameral legislature of the Australian state of Victoria that follows a Westminster-derived parliamentary system. It consists of the King, represented by the Governor of Victoria, the Legislative Assembly and the Legislative Council. It has a fused executive drawn from members of both chambers. The parliament meets at Parliament House in the state capital Melbourne. The current Parliament was elected on 26 November 2022, sworn in on 20 December 2022 and is the 60th parliament in Victoria. The two Houses of Parliament have 128 members in total, 88 in the Legislative Assembly (lower house) and 40 in the Legislative Council (upper house). Victoria has compulsory voting and uses instant-runoff voting in single-member seats for the Legislative Assembly, and single transferable vote in multi-member seats for the proportionally represented Legislative Council. The council is described as a house of review. Majorities in the Legislative Council a ...
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Section 128 Of The Constitution Of Australia
Chapter VIII of the Constitution of Australia contains only section 128 describing the constitutional referendum process required for amendments of the Constitution. The amendment by referendum method described in the section was modelled on provisions in the Swiss Federal Constitution. Its inclusion was influenced also by the Swiss method being present in the constitutions of several U.S. states at the time of federation. Summary The section stipulates that the constitution may only be amended by referendum, and describes the referendum process. The process A bill containing the change must be passed by the Commonwealth parliament. This bill must be passed by an absolute majority in both houses. If one house passes the bill containing the proposed change while the other refuses, it may attempt to pass the bill again. If the second house again refuses to pass it, the Governor-General (presumably on the advice of the Prime Minister) may still submit the proposed change for re ...
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Absolute Majority
A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority rules in a democracy can help to prevent a majority from eroding fundamental rights of a minority, but they can also hamper efforts to respond to problems and encourage corrupt compromises in the times action is taken. Changes to constitutions, especially those with entrenched clauses, commonly require supermajority support in a legislature. Parliamentary procedure requires that any action of a deliberative assembly that may alter the rights of a minority have a supermajority requirement, such as a two-thirds vote. Related concepts regarding alternatives to the majority vote requirement include a majority of the entire membership and a majority of the fixed membership. A supermajority can also be specified based on the entire membership or f ...
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Australian Constitutional Convention
In Australian history, the term Constitutional Convention refers to four distinct gatherings. 1891 convention The 1891 Constitutional Convention was held in Sydney in March 1891 to consider a draft Frame of Government for the proposed federation of the British colonies in Australia and New Zealand. There were 46 delegates at the Convention, chosen by the seven colonial parliaments. Among the delegates was Sir Henry Parkes, known as the "Father of Federation". The Convention approved a draft largely written by Andrew Inglis Clark from Tasmania and Samuel Griffith from Queensland, but the colonial parliaments failed to act to give effect to it. 1897–1898 convention The next constitutional convention – the Australasian Federal Convention – was held in stages in 1897–98. Unlike the first convention, the delegates from New South Wales, Victoria, South Australia and Tasmania were elected by popular vote. (The delegates of Western Australia were chosen by its parliament). It me ...
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Section 23 Of The Constitution Of Australia
Chapter I of the Constitution of Australia establishes the Parliament of Australia and its role as the legislative branch of the Government of Australia The Australian Government, also known as the Commonwealth Government, is the national government of Australia, a federalism, federal parliamentary system, parliamentary constitutional monarchy. Like other Westminster system, Westminster-sty .... The chapter consists of 60 sections which are organised into 5 parts. Part I: General Part I contains 6 sections: * Section 1: Legislative power * Section 2: Governor-General * Section 3: Salary of Governor-General * Section 4: Provisions relating to Governor-General * Section 5: Sessions of Parliament. Prorogation and dissolution * Section 6: Yearly session of Parliament Part II: The Senate Part II contains 17 sections: *Section 7: The Senate *Section 8: Qualification of electors *Section 9: Method of election of senators in the senate *Section 10: Application of State laws *Sect ...
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