14 A'-EW SOUTH WALES. 



The Conduct of Piihlic Business in Parliament. 



Tlie conduct of public business in Parliament is regulated in part by 

 statute/ in part by rules and orders framed by botli Houses in pursuance 

 of statutory powers/ and in part by usage. The Engliali lex et con- 

 suetudo Pa rliamenti has no application except in so far as it may bave 

 been expressly adopted under statutory authority." The present Stand- 

 ing Oi'ders of the Legislative Assembly were adopted and approved in 

 1894; and those of the Legislative Council in 1895. The general 

 methods of procedure, both in respect to the conduct of debates, the 

 passing of public and private bills, and the transaction of miscel- 

 laneous business, are for the most part modelled on those of the 

 Imperial Parliament."^ In recent times special provision has been made 

 for the j)urpose of protecting Parliament against obstruction; this 

 includes {inter alia) certain limitations wdiich have been placed on 

 formal motions for adjournment; and the adoption, subject to certain 

 restrictions, of the principle of the closure.^ The conduct of financial 

 business is subject to the following rules: — (1) All money bills must 

 originate in the Legislative Assembly ;'^ (2) The Assembly will not pass 

 any vote or bill for the appropriation of revenue or taxation, except 

 on the recommendation of the Governor f whilst, (3) All financial 

 measures brought before the Assembly must be founded on previous 

 resolutions come to in Committee of the whole House.** 'No public work, 

 the estimated cost of which exceeds £20,000, can be commenced, unless 

 previously reported on by the Parliamentary Standing Committee on 

 Public Works, and approved by resolution of the Assembly.' 



The Relation of the tico Houses. 



Technically, each House possesses co-ordinate powers ; the concur- 

 rence of each is necessary to legislation ; whilst, in general, any 

 measure may originate in either House. To the latter rule, however, 

 there are two exceptions, viz., that all money bills must originate in 

 the Legislative Assembly ; and that bills affecting the constitution of 

 either House, ought to originate in that House.^ With respect to 

 money bills, there is a general recognition of the principle that, under 

 a representative system of government, the control over revenue and 

 expenditure ought primarily to rest with the elective chamber. Never- 

 theless, the Legislative Council both claims, and has occasionally exer- 

 cised, the right of rejecting measures of taxation. *" It also claims the 

 right of amending money bills, except, perhaps, where the amendment 



^ Constitution Act, sees. 1, 7, 8, 22, 24, 31, 33, 35, 53, 54. ^ lb. sec. 35. 



' Kidky V. Carson (4 Moo. P. C, 63) ; Taylor v. Barton (7 N.S.W. R. 30). 



•^ See also Standing Order Legislative Council, 2 ; and Legislative Assembly, 2 



« Standing Orders, Legislative Council, 13, 102 ; Legislative Assembly, 49, 175. 



' Constitution Act, sec. 1. 



e 10., sec. 54 ; Standing Order, Legislative Assembly, 247. The object is to concen- 

 trate all responsibility for expenditure in the hands of the Executive. 



'' Standing Order, Legislative Assembly, 247. 



' Public Works Act, 1888, sees. 3, 10, 13. 



J This principle has been constantly insisted on by the Legislative Council ; see reso- 

 lution 2nd April, 1873, Official History, 510. 



^ The Stamp Duties Bill (No. 2), 1880; The Income Tax Bill, 1893; The Land and 

 Income Tax Assessment Bill, 1895. In a subsequent session this last bill was amended 

 by the Council, it having been ruled that it was not technically a taxing bill. 



