What happens if there is vacancy in the house

In cases where a condolence motion is not moved, the Speaker makes brief mention of the death of the former Member and then invites Members to rise in their places as a mark of respect to the memory of the deceased.

It is usual for the Speaker to convey a message of sympathy from the House to the relatives of the deceased.

The Speaker normally accepts, as proof of the death of a Member, an announcement in the media or a statement from a source accepted as reliable, such as a member of the family or party. The Speaker has never called for the production of a death certificate before declaring a seat vacant. In December Prime Minister Holt was presumed to have died by drowning, although his body was never found.

Section 8 of the Parliamentary Privileges Act provides that the House does not have power to expel a Member. Before this provision was enacted the House had the power to expel Members derived from the privileges and practice of the UK House of Commons passed to the Australian Parliament under section 49 of the Constitution.

The House of Representatives expelled a Member on one occasion only. On 11 November , the Prime Minister moved:. If the Speaker and both the Deputy Speaker and the Second Deputy Speaker are absent, the Clerk informs the House and the House then either elects one of the Members present to perform the duties of Speaker or adjourns to the next sitting day.

There have been occasions of lengthy acting appointments during absences of the Speaker due to illness or parliamentary duties overseas. Continuing authority for certain administrative actions of the Speaker is also provided for in the Parliamentary Presiding Officers Act When the office of Speaker becomes vacant due to resignation, the person who was Speaker is deemed to continue to be Speaker for the purposes of the exercise of any powers or functions of the Speaker under a law of the Commonwealth until a new Speaker is chosen.

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