41

A.—s

The Bill.

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. 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 purpose 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

6—A. 5.

Explanation.

The Parliament may prescribe a uniform method of election; but, until it does so, each State may adopt a method of its own. [The States may pass laws for this purpose before the Constitution comes into force (see section IV.). The times and places of the elections are to be fixed by each State for itself. Until the Parliament makes electoral laws, the laws of each State are to apply as nearly as practicable. 11. Failure to choose. —The Senate may proceed to business, though any State may have failed to choose Senators. 12. The Writs. —The writs for the elections are to be issued by the Governors of the States. After a dissolution of the Senate, they must be issued within ten days. 13. 14. Rotation of Senators.Senators are to retire by rotation, one-half every three years. In order to start the rotation, the Senate when it first meets is to divide the Senators for each State into two equal classes; and Senators of the first class are to retire after three years, while the others keep their seats for the full term of six years. Afterwards the rotation will work of itself, the terms of half the Senators expiring every three years; but after any dissolution of the Senate (see section 57) a division into classes must again be made. The periodical elections are to take place before the terms of the retiring Senators expire, so that there will be no actual vacancy. i Whenever the number of Senators is altered, the Parliament may make such provision as is necessary to keep up the rotation. 15. Casual Vacancies. —When a casual vacancy happens, a successor is to be chosen to hold the seat for the rest of his predecessor's term. To save the expense of a by-election, the Houses of Parliament or the State concerned are to sit together and choose a person to fill the vacancy until the next federal election for either House, when a successor for the rest of the term will be chosen by the electors. If the State Parliament happens not to be sitting, the Governor of the State, with the advice of his Executive Council, may appoint a person to fill the vacancy until the State Parliament meets.