97-699: The Native Title Act 1993 (Cth) is a law passed by the Australian Parliament , the purpose of which is "to provide a national system for the recognition and protection of native title and for its co-existence with the national land management system". The Act was passed by the Keating government following the High Court's decision in Mabo v Queensland (No 2) (1992). The Act commenced operation on 1 January 1994. This legislation aimed to codify
194-488: A human rights perspective on native title; to assist in developing more efficient native title processes; and to advocate for the co-existence between Indigenous and non-Indigenous interests in land based on compatible land use. All of the reports from 1994 to 2016 have been published online; since 2013, the Native Title and Social Justice Reports have been combined and published as one report. Changes brought about by
291-454: A " division ", or a recorded vote. In that case the bells are rung throughout Parliament House summoning Senators or Members to the chamber. During a division, members who favour the motion move to the right side of the chamber (the side to the Speaker's or President's right), and those opposed move to the left. They are then counted by "tellers" (government and opposition whips), and the motion
388-548: A complaint is validated, the commission will attempt to conciliate the matter. If the commission cannot negotiate an agreement which is acceptable to the complainant, the complainant's only redress is through the Federal Court of Australia or through the Federal Circuit and Family Court of Australia . The commission also attempts to raise awareness about the obligations that individuals and organisations have under
485-619: A forum for debates on public policy matters. Senators and members can move motions on a range of matters relevant to their constituents, and can also move motions of censure against the government or individual ministers. On most sitting days in each house there is a session called question time in which senators and members address questions without notice to the prime minister and other ministers. Senators and members can also present petitions from their constituents. Both houses have an extensive system of committees in which draft bills are debated, matters of public policy are inquired into, evidence
582-659: A framework for the recognition and operation of representative bodies that provide services to native title claimants and native title holders. The Australian Government provides significant funding to resolve native title issues in accordance with the Act, including to native title representative bodies, the National Native Title Tribunal and the Federal Court of Australia . Under the Act, the Aboriginal and Torres Strait Islander Social Justice Commissioner
679-542: A majority in the lower house is entitled to form a government, and the United States Congress , which affords equal representation to each of the states, and scrutinises legislation before it can be signed into law. The upper house , the Senate, consists of 76 members: twelve for each state , and two for each of the self-governing territories . Senators are elected using the proportional system and as
776-573: A parliament has possessed armed personnel. Each of the two Houses elects a presiding officer. The presiding officer of the Senate is called the President ; that of the House of Representatives is the Speaker . Elections for these positions are by secret ballot. Both offices are conventionally filled by members of the governing party, but the presiding officers are expected to oversee debate and enforce
873-598: A particular inquiry is completed the members of the committee can then produce a report, to be tabled in Parliament, outlining what they have discovered as well as any recommendations that they have produced for the government or house to consider. The ability of the houses of Parliament to establish committees is referenced in section 49 of the Constitution, which states that, Racial Discrimination Act 1975 The Racial Discrimination Act 1975 (Cth)
970-527: A quorum is not present, so that debates on routine bills can continue while other members attend to other business outside the chamber. 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. Proceedings are interrupted until a quorum is present. It is the responsibility of
1067-764: A response to the amendments; native title rights became the focus of a national campaign by ANTaR in 1997–8, with a central project called the Sea of Hands. In Parliament , the legislation was opposed by the Australian Labor Party and the Australian Democrats . Additionally, the United Nations Committee on the Elimination of Racial Discrimination expressed concern that the amendments might breach Australia's obligation under
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#17327658339881164-514: A result, the chamber features a multitude of parties vying for power. The governing party or coalition has not held a majority in the Senate since 1981 (except between 2005 and 2007) and usually needs to negotiate with other parties and independents to get legislation passed. The lower house , the House of Representatives, currently consists of 151 members, each elected using full preferential voting from single-member electorates (also known as electoral divisions or seats). This tends to lead to
1261-426: A state or territory has its number of seats adjusted, if electorates are not generally matched by population size or if seven years have passed since the most recent redistribution. From 1901 to 1949, the House consisted of either 74 or 75 members (the Senate had 36). Between 1949 and 1984, it had between 121 and 127 members (the Senate had 60 until 1975, when it increased to 64). In 1977, the High Court ordered that
1358-633: A subject or citizen of a "foreign power". When the Constitution was drafted, all Australians (and other inhabitants of the British empire) were British subjects , so the word "foreign" meant outside the Empire. But, in the landmark case Sue v Hill (1999), the High Court of Australia ruled that, at least since the passage of the Australia Act 1986 , Britain has been a "foreign power", so that British citizens are also excluded. Compulsory voting
1455-460: Is a slight resemblance despite the massive difference of scale. The building was also designed to sit above Old Parliament House when seen from a distance. Construction began in 1981, and the House was intended to be ready by Australia Day , 26 January 1988, the 200th anniversary of European settlement in Australia . It was expected to cost $ 220 million. Neither the deadline nor the budget
1552-511: Is a tie. Most legislation is introduced into the House of Representatives and goes through a number of stages before it becomes law. The legislative process occurs in English, although other Australian parliaments have permitted use of Indigenous languages with English translation. Government bills are drafted by the Office of Parliamentary Counsel . The first stage is a first reading , where
1649-576: Is against the law to discriminate in areas such as: In Bligh and Ors v State of Queensland [1996] HREOCA 28 , the Human Rights and Equal Opportunity Commission (precursor to the Australian Human Rights Commission) found in favour of a number of Aboriginal applicants who had worked on Great Palm Island Aboriginal reserve and were underpaid between 31 October 1975 (the Act's start date) and 31 May 1984. A$ 7,000
1746-590: Is an Act of the Australian Parliament , which was enacted on 11 June 1975 and passed by the Whitlam government . The Act makes racial discrimination in certain contexts unlawful in Australia, and also overrides state and territory legislation to the extent of any inconsistency. The Act is administered by the Australian Human Rights Commission (AHRC). The president of the commission is responsible for investigating complaints. If
1843-731: Is commonly called the " nexus clause ". Hence, the House presently consists of 151 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. Federal electorates have their boundaries redrawn or redistributed whenever
1940-422: Is finally followed by a third reading , where the bill is either passed or rejected by the House. If passed, the legislation is then sent to the Senate, which has a similar structure of debate and passage except that consideration of bills by Senate committees is more common than in the House and the consideration in detail stage is replaced by a committee of the whole . Once a bill has been passed by both Houses in
2037-464: Is impaired or extinguished. The Act gives Indigenous Australians who hold native title rights and interests—or who have made a native title claim—the right to be consulted and, in some cases, to participate in decisions about activities proposed to be undertaken on the land. Indigenous Australians have been able to negotiate benefits for their communities, including in relation to employment opportunities and heritage protection. The Act also establishes
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#17327658339882134-419: Is passed or defeated accordingly. In the Senate, in order not to deprive a state of a vote in what is supposed to be a states' house, the president is permitted a vote along with other senators (however, that right is rarely exercised); in the case of a tie, the president does not have a casting vote and the motion fails. In the House of Representatives, the Speaker does not vote, but has a casting vote if there
2231-421: Is taken and public servants are questioned. There are also joint committees, composed of members from both houses. 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 – known as a double dissolution . Section 57 of the Constitution states that, If the House of Representatives passes any proposed law, and
2328-439: Is too low, courts have consistently shown that this is not the case, and to fall within 18C the speech must have "... profound and serious effects, not to be likened to mere slights." Exemptions are provided in section 18D, including acts relating to artistic works, genuine academic or scientific purposes, fair reporting, and fair comment on matters of public interest. Cases and determinations in relation to section 18C include
2425-642: The Human Rights Legislation Amendment Act 2017 removed the statutory obligation for an annual Social Justice and Native Title Report such as those produced up to and including 2016; however, the Commissioner continues to produce reports at the culmination of key projects. The Native Title Amendment Act 1998 (Cth), also commonly referred to as the "10-Point Plan", is an amendment to the Native Title Act by
2522-482: The 1984 election . The system for electing senators has changed several times since Federation . The original arrangement used a first-past-the-post block voting , on a state-by-state basis. This was replaced in 1919 by preferential block voting . Block voting tended to produce landslide majorities. For instance, from 1920 to 1923 the Nationalist Party had 35 of the 36 senators, and from 1947 to 1950,
2619-576: The 2004 Palm Island community riot , sparked by the death in custody of an Aboriginal man, were found to have breached the Racial Discrimination Act with $ 220,000 in damages awarded in 2016. Police actions were described in the judgement as "unnecessary, disproportionate" with police having "acted in these ways because they were dealing with an Aboriginal community." Dozens of police officers in riot gear wearing balaclavas with no identification and carrying large guns had marched into
2716-552: The Australian Labor Party had 33 of the 36 senators. In 1948, single transferable vote proportional representation on a state-by-state basis became the method for electing senators. This change has been described as an "institutional revolution" that has led to the rise of a number of minor parties such as the Democratic Labor Party , Australian Democrats and Australian Greens who have taken advantage of this system to achieve parliamentary representation and
2813-511: The Bob Hawke government at the 1990 election , the first time in federal history that Labor had obtained a net benefit from preferential voting. It is not possible to be simultaneously a member of both the Senate and the House of Representatives, but a number of people have been members of both houses at different times in their parliamentary career . Only Australian citizens are eligible for election to either house. They must not also be
2910-532: The COVID-19 pandemic in Australia ; an adjournment rather than prorogation . Its committees would continue to operate using technology. This unprecedented move was accompanied by two motions raised by the Attorney-General of Australia , Christian Porter , and passed on 23 March 2020. One motion was designed to allow MPs to participate in parliament by electronic means, if agreed by the major parties and
3007-540: The Convention on the Elimination of Racial Discrimination (CERD) as they appeared to significantly "extinguish or impair the exercise of indigenous title rights and interests". Additionally the committee noted that the lack of Indigenous participation in the creation of the amendments and re-affirmed their recommendation that "no decisions directly relating to [indigenous peoples] rights and interests are [to be] taken without their informed consent". The final legislation
Native Title Act 1993 - Misplaced Pages Continue
3104-590: The Howard government made in response to the Wik Decision by the High Court. The Wik decision held that Native Title could co-exist with pastoral leases and were not necessarily extinguished. This contradicted the assumptions of many in government and the community (although not the entire legal community), causing a great deal of uncertainty, unease and debate. McHugh J stated that the reason for this surprise
3201-647: The Native Title Act and struck down a conflicting Western Australia statute. Australian Parliament Opposition (55) Coalition Crossbench (18) Labor (25) Opposition (30) Coalition Liberal (24) National (6) Crossbench (21) Greens (11) One Nation (2) Australia's Voice ( 1 ) Lambie Network ( 1 ) United Australia ( 1 ) [REDACTED] [REDACTED] The Parliament of Australia (officially
3298-750: The Parliament of the Commonwealth and also known as the Federal Parliament ) is the federal legislature of Australia . It consists of three elements: the monarch of Australia (represented by the governor-general ), the Senate (the upper house), and the House of Representatives (the lower house). It combines elements from the Westminster system , in which the party or coalition with
3395-621: The Philadelphia -based architectural firm of Mitchell/Giurgola, with the on-site work directed by the Italian-born architect Romaldo Giurgola , with a design which involved burying most of the building under Capital Hill, and capping the edifice with an enormous spire topped by a large Australian flag . The façades, however, included deliberate imitation of some of the patterns of the Old Parliament House, so that there
3492-662: The United States Senate , on which it was partly modelled, 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. Since an act
3589-591: The federation of the six Australian colonies. The inaugural election took place on 29 and 30 March and the first Australian Parliament was opened on 9 May 1901 in Melbourne by Prince George, Duke of Cornwall and York, later King George V . The only building in Melbourne that was large enough to accommodate the 14,000 guests was the western annexe of the Royal Exhibition Building . After
3686-400: The government whip to ensure that, when a quorum is called, enough government members are present to form 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
3783-616: The ALRC’s view, s 18C of the Act would benefit from more thorough review in relation to implications for freedom of speech. In particular, there are arguments that s 18C lacks sufficient precision and clarity, and unjustifiably interferes with freedom of speech by extending to speech that is reasonably likely to ‘offend’. In some respects, the provision is broader than is required under international law, broader than similar laws in other jurisdictions, and may be susceptible to constitutional challenge." In 2016, Labor Senator Kimberley Kitching , said she
3880-596: The Act by the Australian Law Reform Commission in 2015 made 30 recommendations to reform it. It did not suggest altering the fundamental framework and model of native title and the claims process, but recommended a "refocus on the core elements of native title law to facilitate an effective determination process". As of June 2020 it has had six amendments since 2015. The High Court in Western Australia v Commonwealth (1995) upheld
3977-435: The Act. Racial discrimination occurs under the Act when someone is treated less fairly than someone else in a similar situation because of their race, colour, descent or national or ethnic origin. Racial discrimination can also occur when a policy or rule appears to treat everyone in the same way but actually has an unfair effect on more people of a particular race, colour, descent or national or ethnic origin than others. It
Native Title Act 1993 - Misplaced Pages Continue
4074-477: The Commonwealth can make grants subject to states implementing particular policies in their fields of legislative responsibility. Such grants, known as "tied grants" (since they are tied to a particular purpose), have been used to give the federal parliament influence over state policy matters such as public hospitals and schools. The Parliament performs other functions besides legislation. It can discuss urgency motions or matters of public importance : these provide
4171-473: The House of Representatives will not agree, the Governor-General may dissolve the Senate and the House of Representatives simultaneously. In an election following a double dissolution, each state elects their entire 12-seat Senate delegation, while the two territories represented in the Senate each elect their two senators as they would in a regular federal election. Because all seats are contested in
4268-870: The Mabo decision and implemented strategies to facilitate the process of recognising native title in Australia . The Act also established the National Native Title Tribunal , to register, hear and determine native title claims. According to the Australian Government: The Native Title Act 1993 establishes a framework for the protection and recognition of native title. The Australian legal system recognises native title where: The Native Title Act sets up processes to determine where native title exists, how future activity impacting upon native title may be undertaken, and to provide compensation where native title
4365-728: The Parliament House Construction Authority was created. A two-stage competition was announced, for which the Authority consulted the Royal Australian Institute of Architects and, together with the National Capital Development Commission , made available to competitors a brief and competition documents. The design competition drew 329 entries from 29 countries. The competition winner was
4462-543: The Queensland State Government in May 2018. Section 18C of the Act makes it is unlawful for a person to do an act in public if it is reasonably likely to "offend, insult, humiliate or intimidate" a person of a certain race, colour or national or ethnic origin, and the act was done because of one or more of those characteristics. While some conservative politicians have claimed the bar for breaching 18C
4559-430: The Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, and if after an interval of three months the House of Representatives, in the same or the next session, again passes the proposed law with or without any amendments which have been made, suggested, or agreed to by the Senate, and the Senate rejects or fails to pass it, or passes it with amendments to which
4656-472: The appropriateness of section in its current form. In March 2016, the Australian Law Reform Commission called for review of section 18C, stating “In particular, there are arguments that s18C lacks sufficient precision and clarity, and unjustifiably interferes with freedom of speech by extending to speech that is reasonably likely to ‘offend’." The ALRC noted that it had received "widely divergent views" on whether s 18C should be amended but found as follows: "In
4753-419: The balance of power. From the 1984 election, group ticket voting was introduced in order to reduce a high rate of informal voting but in 2016, group tickets were abolished to end the influence that preference deals amongst parties had on election results and a form of optional preferential voting was introduced. Section 15 of the Constitution provides that a casual vacancy of a senator shall be filled by
4850-515: The basis that it is inconsistent with the constitutional implied freedom of political communication . Section 18C of the Act has been a topic of debate, especially in recent years. While some conservative politicians have claimed the bar for breaching 18C is too low, courts have consistently shown that this is not the case, and to fall within 18C the speech must have "... profound and serious effects, not to be likened to mere slights." In 1995, left-wing ABC journalist Phillip Adams argued against
4947-401: The bill or bills, including any amendments which have been previously proposed in either house, or any new amendments. If a bill is passed by an absolute majority of the total membership of the joint sitting, it is treated as though it had been passed separately by both houses, and is presented for royal assent. With proportional representation, and the small majorities in the Senate compared to
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#17327658339885044-496: The chamber being dominated by two major political groups, the centre‑right Coalition (consisting of the Liberal and National parties) and the centre‑left Labor Party . The government of the day must achieve the confidence of this House in order to gain and remain in power. The House of Representatives has a maximum term of three years, although it can be dissolved early. The Senate has fixed terms, with half of
5141-407: The community conducting early-morning raids on 27 November 2004. Residents reported officers kicking down doors, pointing guns at children's heads, and tasering residents. with one resident and his partner awarded $ 235,000 compensation for assault, battery and false imprisonment in a separate case. Subsequently, this led to a record class action settlement of $ 30 million and a formal apology issued by
5238-567: The design as part of his official duties. He had little personal enthusiasm for the project, as he felt it was a waste of money and expenditure on it could not be justified at the time. Nevertheless, he designed the building by default. The construction of Old Parliament House , as it is called today, commenced on 28 August 1923 and was completed in early 1927. It was built by the Commonwealth Department of Works, using workers and materials from all over Australia. The final cost
5335-571: The domain of the states. Section 51 grants the Commonwealth power over areas such as taxation, external affairs, defence and marriage. Section 51 also allows state parliaments to refer matters to the Commonwealth to legislate. Section 96 of the Australian Constitution gives the Commonwealth Parliament the power to grant money to any State, "on such terms and conditions as the Parliament thinks fit". In effect,
5432-505: The event. Dame Nellie Melba sang " God Save the King ". The Duke of York unlocked the front doors with a golden key, and led the official party into King's Hall where he unveiled the statue of his father, King George V . The Duke then opened the first parliamentary session in the new Senate Chamber. In 1978 the Fraser government decided to proceed with a new building on Capital Hill , and
5529-589: The external affairs power was a valid source of power for the Act in Koowarta v. Bjelke-Petersen (1982), and again in Mabo v Queensland (No 1) (1988). While the AHRC maintains that the Act provides an appropriate balance between freedom of speech and freedom from racial vilification, legal academics Forrester, Finlay and Zimmermann have suggested that section 18C of the Act, enacted in 1995, may be unconstitutional on
5626-475: The federal parliament's power to pass the Act is the external affairs power contained in section 51(xxix) of the Australian Constitution . Under that power, the federal parliament implemented international obligations arising under the 1965 International Convention on the Elimination of All Forms of Racial Discrimination , which Australia ratified in September 1975. The High Court of Australia confirmed that
5723-577: The following: An aggrieved person may make a complaint of a contravention of the Act to the Australian Human Rights Commission. If the complaint cannot be resolved, then an application alleging "unlawful discrimination" may be made to the Federal Court of Australia or to the Federal Circuit Court. When such allegations are upheld, the court may make orders, including for compensation. The source of
5820-465: The generally larger majorities in the House of Representatives, and the requirement that the number of members of the lower house be "nearly as practicable" twice that of the Senate, a joint sitting after a double dissolution is more likely than not to lead to a victory for the lower house over the Senate. This provision has only been invoked on one occasion, after the election following the 1974 double dissolution. However, there are other occasions when
5917-402: The government with the leader of that party or coalition becoming the prime minister. If the government loses the confidence of the House, they are expected to call a new election or resign. Parliament may determine the number of members of the House of Representatives but the Constitution provides that this number must be "as nearly as practicable, twice the number of Senators"; this requirement
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#17327658339886014-427: The governor-general to become law. The Senate has the same legislative powers as the House, except that it may not amend or introduce money bills, only pass or reject them. The enacting formula for acts of Parliament since 1990 is simply "The Parliament of Australia enacts:". Commonwealth legislative power is limited to that granted in the Constitution. Powers not specified are considered "residual powers", and remain
6111-416: The legislation is introduced to the chamber, then there is a second reading , where a vote is taken on the general outlines of the bill. Although rare, the legislation can then be considered by a House committee, which reports back to the House on any recommendations. This is followed by a consideration in detail stage, where the House can consider the clauses of the bill in detail and make any amendments. This
6208-480: The lower house voting system to full preferential voting for the subsequent 1919 election . This was in response to Labor unexpectedly winning the 1918 Swan by-election with the largest primary vote, due to vote splitting among the conservative parties. This system has remained in place ever since, allowing the Coalition parties to safely contest the same seats. Full-preference preferential voting re-elected
6305-761: The native title process more efficient and to speed up the determination of whether native title exists on the 580 claims that had been registered but not yet determined. The Native Title Act 1993 was further amended by the Rudd government by the Native Title Amendment Act 2009 . It allows the Federal Court to determine who may mediate a claim, whether that be the court itself, the Native Title Tribunal, or otherwise. The Act continues to be reviewed and amended. A major review of
6402-403: The night to 5 am, Holder exclaimed: "Dreadful, dreadful!" before collapsing as a result of a cerebral haemorrhage . The Constitution provided that a new national capital would be established for the nation. This was a compromise at Federation due to the rivalry between the two largest Australian cities, Sydney and Melbourne , which both wished to become the new capital. The site of Canberra
6499-573: The official opening, from 1901 to 1927 the Parliament met in Parliament House, Melbourne , which it borrowed from the Parliament of Victoria (which sat, instead, in the Royal Exhibition Building until 1927). During this time, Sir Frederick Holder became the first speaker and also the first (and thus far only) parliamentarian to die during a sitting. On 23 July 1909 during an acrimonious debate that had extended through
6596-523: The passing of the Native Title Act would no longer be valid, as the right to negotiate under the Native Title Act was not respected. The ruling also created fears by some that a huge amount of land claims in Australia would now be in doubt, with the head of the National Farmer's Federation claiming that even residential plots in Canberra could be threatened by claims. This was despite the fact that
6693-496: The place until fourteen days after the state Parliament resumes sitting. The state Parliament can also be recalled to ratify a replacement. The lower house of the Australian Parliament, the House of Representatives , is made up of single member electorates with a population of roughly equal size. As is convention in the Westminster system , the party or coalition of parties that has the majority in this House forms
6790-408: The power to appoint the governor-general), whom the King appoints as his representative in Australia on the advice of the prime minister . However, by convention, the governor-general exercises these powers only upon the advice of ministers, except for limited circumstances covered by the reserve powers . The upper house of the Australian Parliament is the Senate , which consists of 76 members. Like
6887-548: The presiding judge to the Australian Labor Party has also been raised as an issue (Justice Bromberg had once stood for Labor pre-selection). In 2013, members of the Abbott government proposed significant changes to section 18C in a draft bill put on public exhibition, which would have substantially limited the scope of the prohibition. The Attorney-General, George Brandis, defended the proposed changes, stating that people have "a right to be bigots". Trade Unionist Paul Howes argued that section 18C stretches out its fingers "into
6984-456: The provision, saying that a better response to expressions of racial hatred was "public debate, not legal censure". In 2011, the Federal Court ruled that commentator Andrew Bolt had contravened section 18C of the Act as he could not rely on the exemptions under Section 18D. Bolt said that the verdict was "a restriction on the freedom of all Australians to discuss multiculturalism and how people identify themselves". The political allegiance of
7081-643: The realm of what Orwell might have called a Thought Crime". After public consultation and opposition by minority groups, the Government did not proceed with the proposed changes. More recently, members of the Turnbull government have proposed less significant and narrower changes to section 18C, and the Attorney-General, George Brandis , has asked for the Joint Parliamentary Committee on Human Rights to conduct an inquiry on
7178-409: The rules in an impartial manner. The Constitution authorises Parliament to set the quorum for each chamber. The quorum of the Senate is one-quarter of the total membership (nineteen); that of the House of Representatives is one-fifth of the total membership (thirty-one). 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
7275-408: The ruling stated that the rights of pastoralists would override native title rights in the event of any inconsistencies. The resulting amendments substantially restricted Native Title by narrowing the right to negotiate, increasing the threshold test for Native Title claims to be made, extinguishing Native Title on all leases issued before 1994 that granted exclusive possession and granting more power to
7372-416: The same election, it is easier for smaller parties to win seats under the single transferable vote system: the quota for the election of each senator in each Australian state in a full Senate election is 7.69% of the vote, while in a normal half-Senate election the quota is 14.28%. If the conflict continues after such an election, the governor-general may convene a joint sitting of both houses to consider
7469-548: The same form, it is then presented to the governor-general for royal assent . The principal function of the Parliament is to pass laws, or legislation. Any parliamentarian 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 and assented to by
7566-432: The size of the House be reduced from 127 to 124 members 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 151 members (the Senate has 76). First-past-the-post voting was used to elect members of the House of Representatives until in 1918 the Nationalist Party government, a predecessor of the modern-day Liberal Party of Australia , changed
7663-448: The sparsely built nature of Canberra of the time and its small population. The building was extensively decorated with Union Jacks and Australian flags and bunting. Temporary stands were erected bordering the lawns in front of the Parliament and these were filled with crowds. A Wiradjuri elder, Jimmy Clements , was one of only two Aboriginal Australians present, having walked for about a week from Brungle Station (near Tumut ) to be at
7760-477: The speaker; the second determined that with the agreement of the two major parties, the standing orders could be amended without requiring an absolute majority. The Constitution establishes the Commonwealth Parliament, consisting of three components: the King of Australia , the Senate and the House of Representatives. All of the constitutional functions of the King are exercisable by the governor-general (except
7857-417: The state Parliament. If the previous senator was a member of a particular political party the replacement must come from the same party, but the state Parliament may choose not to fill the vacancy, in which case section 11 requires the Senate to proceed regardless. If the state Parliament happens to be in recess when the vacancy occurs, the Constitution provides that the state governor can appoint someone to fill
7954-408: The state Senate seats go up for re-election each three years (except in the case of a double dissolution) as they serve six-year terms; however territory Senators do not have staggered terms and hence face re-election every three years. Until 1949, each state elected the constitutional minimum of six senators. This number increased to ten from the 1949 election , and was increased again to twelve from
8051-694: The state senators' terms expiring every three years (the terms of the four territory senators are linked to House elections). As a result, House and Senate elections almost always coincide. A deadlock-breaking mechanism known as a double dissolution can be used to dissolve the full Senate as well as the House if the Senate refuses to pass a piece of legislation passed by the House. The two houses of Parliament meet in separate chambers of Parliament House (except in rare joint sittings ) on Capital Hill in Canberra , Australian Capital Territory . The Commonwealth of Australia came into being on 1 January 1901 with
8148-429: The states to manage claims. The laws also introduced Indigenous land use agreements as an alternative to native title claims. The text of the legislation was extremely specific and complex in order to override the protections and use of the Racial Discrimination Act in interpreting the legislation. The ten points in the "10-Point Plan" were: ANTaR (Australians for Native Title and Reconciliation) helped to coordinate
8245-533: The turnout figure rise to 91.4%. The turnout increased to about 95% within a couple of elections and has stayed at about that level since. Since 1973, citizens have had the right to vote upon turning 18. Prior to this it was 21. Australian Federal Police officers armed with assault rifles have been situated in the Federal Parliament since 2015. It is the first time in Australian history that
8342-470: The two houses meet as one. In addition to the work of the main chambers, both the Senate and the House of Representatives have a large number of investigatory and scrutiny committees which deal with matters referred to them by their respective houses or ministers. They provide the opportunity for all members and senators to ask questions of witnesses, including ministers and public officials, as well as conduct inquiries, and examine policy and legislation. Once
8439-453: Was "very surprised" when Justice Bromberg decided to hear the Bolt case given, “He was an active ALP person, he was active enough that he was in a faction, he ran for preselection... Obviously he would have had some views about [Andrew Bolt], and perhaps he was not the best person to hear [the] case.” Bromberg had run unsuccessfully for Labor preselection in Melbourne in 2001. In November, 2016,
8536-482: Was about £600,000, which was more than three times the original estimate. It was designed to house the parliament for a maximum of 50 years until a permanent facility could be built, but was actually used for more than 60 years. The building was opened on 9 May 1927 by the Duke and Duchess of York (later King George VI and Queen Elizabeth The Queen Mother ). The opening ceremonies were both splendid and incongruous, given
8633-482: Was amended to gain the support of Independent Senator Brian Harradine , whose vote was required for the bill to pass. In 2007, the Howard government passed the Native Title Amendment Act 2007 , and the Native Title Amendment (Technical Amendments) Act 2007, a package of coordinated measures and technical amendments to improve the performance of the native title system. These are aimed at making
8730-688: Was awarded to each applicant, although the evidence suggested that the loss of income A$ 8,573.66 to A$ 20,982.97 . Following this case, the Queensland Government settled 5,729 claims with a single payment of A$ 7,000 under the Award Wages Process, established in May 1999, to Indigenous people employed by the government on Aboriginal reserves between 1975 and 1986 (the date their policy of paying below-award rates to Indigenous Australians officially ended). In Wotton v Queensland (No 5) police raids and behaviour following
8827-560: Was due to statements in Mabo (No 2) that leases extinguish native title, the preamble to the native title act stated that "native title is extinguished by valid government acts... such as the grant of freehold or leasehold estates", that the Land Act 1910 (Qld) and the Land Act 1962 (Qld) described pastoral leases as leases (which suggested a right to exclusive possession) and for 126 year Queensland lawyers had argued and believed this. Some States were concerned that mining leases granted after
8924-543: Was introduced for federal elections in 1924. The immediate justification for compulsory voting was the low voter turnout (59.38%) at the 1922 federal election , down from 71.59% at the 1919 federal election . Compulsory voting was not on the platform of either the Stanley Bruce -led Nationalist/Country party coalition government or the Matthew Charlton -led Labor opposition. The actual initiative for change
9021-443: Was made by Herbert Payne , a backbench Tasmanian Nationalist Senator who on 16 July 1924 introduced a private Senator's bill in the Senate. Payne's bill was passed with little debate (the House of Representatives agreeing to it in less than an hour), and in neither house was a division required, hence no votes were recorded against the bill. The 1925 federal election was the first to be conducted under compulsory voting, which saw
9118-488: Was met. In the end it cost more than $ 1.1 billion to build. New Parliament House was finally opened by Elizabeth II, Queen of Australia , on 9 May 1988, the anniversary of the opening of both the first Federal Parliament in Melbourne on 9 May 1901 and the Provisional Parliament House in Canberra on 9 May 1927. In March 2020, the 46th Parliament of Australia was suspended due to
9215-645: Was passed in 1973, senators have been elected to represent the territories. 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, the Jervis Bay Territory and since 1 July 2016, Norfolk Island . Only half of
9312-414: Was required to prepare an annual report to the Attorney-General of Australia on the operation of the Act and its effect on the exercise and enjoyment of human rights of Aboriginal and Torres Strait Islander peoples; and report, when requested by the Attorney-General, on any other matter relating to the rights of Indigenous people under the Act. The objectives of the Commissioner were to provide and promote
9409-484: Was selected for the location of the nation's capital city in 1908. A competition was announced on 30 June 1914 to design Parliament House, with prize money of £7,000. However, due to the start of World War I the next month, the competition was cancelled. It was re-announced in August 1916, but again postponed indefinitely on 24 November 1916. In the meantime, John Smith Murdoch , the Commonwealth's chief architect, worked on
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