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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2010-11-24 Daily Xml
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EQUALITY MARRIAGE BILL

The Hon. T.A. FRANKS (16:23): By leave, I move Notice of Motion: Private Business No. 4 standing in the name of the Hon. I.K. Hunter:

That I have leave to introduce a bill for an act providing for marriage between adults of the same sex.

The Hon. R.I. LUCAS: I rise on a point of order. Mr President, can you outline to the chamber what is occurring in relation to this? The Hon. Mr Hunter has been listed as the mover of the bill. He has done considerable pre-publicity in the media that he was moving it. I have been informed that he has been banned, evidently by his own party, from speaking to the bill and from moving it and that this is a device in some way to get around that. So, under what standing order is the Hon. Mr Hunter not speaking and moving his own bill, now being moved by another member in this chamber?

The PRESIDENT: I am just following my Notice Paper, but the Hon. Ms Franks has moved it by leave, which allows it.

The Hon. R.I. LUCAS: Under what standing order?

The PRESIDENT: Standing order 115.

The Hon. R.I. LUCAS: Standing order 115, as you have indicated, applies in the absence of a member. The Hon. Mr Hunter is not absent; he is present in the chamber at the time of this motion.

The PRESIDENT: Leave has been granted. Is the honourable member denying leave?

The Hon. R.I. LUCAS: I asked under what standing order, and you referred me to 115. The standing order 115 says 'in the absence of another who has given notice of a motion'. The Hon. Mr Hunter is not absent. He is in the chamber, fully present. I am sure he can attest to the fact that he is not absent. He is available and he can move his motion.

The PRESIDENT: He is feeling sick, though, isn't he?

The Hon. I.K. Hunter: I could be very soon.

The Hon. R.I. LUCAS: If the Hon. Mr Hunter is going to be taken sick and leave the chamber at this stage, standing order 115 makes it quite clear it is only in the absence of the number that such a device can be used.

The PRESIDENT: There has been a point of order and under standing order 115, I rule that the Hon. Mr Lucas has a point of order.

Leave withdrawn.

The Hon. I.K. HUNTER: Mr President, I ask for your direction on this. I understand that, after I gave notice on the last Wednesday of sitting, the Hon. Ms Franks also gave notice of moving a bill. Is it competent for her now to activate that notice and move her bill?

The PRESIDENT: Her notice was after yours. I understand the Hon. Ms Franks' notice was not given in the correct form and therefore it is not on the Notice Paper. She should have given notice this morning, and it will have to be dealt with on the next Wednesday of sitting.

The Hon. I.K. HUNTER (16:28): I move:

That Notice of Motion: Private Business No. 4 be made an order of the day for the next Wednesday of sitting.

Motion carried.

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