Mike Freelander (Macarthur, Australian Labor Party) Share this | Hansard source

On behalf of the Speaker, it is my duty to draw to the attention of the House the fact that one of the Senate amendments conveyed by this message raises an important point of constitutional principle.

Proposed amendment (4) would have the effect of changing the persons to whom additional amounts under section 80 of the Military Rehabilitation and Compensation Act 2004 are payable.

Senate amendment (4) is covered by section 53 of the Constitution because it changes the destination of money appropriated by section 423 of the Military Rehabilitation and Compensation Act 2004. Thus, the amendment should have been made to the House as a requested amendment.

The matter for consideration is not so much one of the privileges and rights between the two houses, but observance of the requirements of the Constitution concerning the powers of the houses.

I am advised that, in the application of standing order 180, a change to the destination of money drawn from an existing appropriation is considered to be a proposal requiring a message from the Governor-General under section 56 of the Constitution. I understand that such a message has been obtained in this case.

If the House wishes to entertain the proposal reflected in the Senate's proposed amendment, the House may choose to proceed by alternative means.

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