Harry Jenkins (Speaker) Share this | Hansard source

I move:

That the member be no longer heard.

Order! The question is that the member be no longer heard. All those of that opinion say aye, the contrary no. I think the ayes have it. Division required. In accordance with standing order 133, the division is deferred until the commencement of the next sitting. Is the motion seconded?

Mr Truss interjecting

If the Leader of the Nationals wants to observe what is going to happen, he will not behave like that.

Mr Speaker, on a point of order: I refer you in the first place to standing order 125, which says:

If the Speaker’s opinion is challenged by more than one Member, the question must be decided by division of the House.

And then followed on by standing order 133(b):

A division called for on a Friday shall be deferred until the commencement of the next sitting, unless otherwise ordered.

This is a very important issue. It goes to the heart of parliamentary democracy and it is about the right of this side of the House to ask questions of ministers and the Prime Minister when the House sits.

Order! The honourable member for North Sydney will resume his seat.

Mr Price interjecting

The Chief Government Whip is not helping. The point of order is about the deferral of the division. The division is about whether the member can continue his remarks. It is not an invitation in the point of order to then debate the substance of the motion for the suspension of standing orders.

Mr Speaker, there is a specific provision in 133(b) that if in your opinion a division can be held then it can be held. It says ‘unless otherwise ordered’. That means that you, as the Speaker, have the capacity to order a division notwithstanding the other provisions in section 133. I ask you to consider the fact that we are ready to do business here. We want a division.

The member for North Sydney will resume his seat. I have ordered as I have ordered. That is my ruling. I call the member for Cowper.

Mr Speaker, I rise on a point of order. The previous motion for the member to no longer be heard is not resolved. It is not resolved because there has been no vote taken and counted. Therefore, the member for Moncrieff has the right to continue his speech.

I have called for the seconder.

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