| Joint Sitting, Australian Parliament, 1974 |
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This sitting deliberated and voted upon the following acts:
All six were affirmed by an absolute majority of the total number of members and senators, as required by the Constitution. All proceedings of the joint sitting were broadcast by the Australian Broadcasting Commission and a complete sound record was made for archival purposes. Odgers ''Australian Senate Practice'' , chapter 21 POLITICAL BACKGROUND In early 1974, the conservative parties led by Billy Snedden had chosen to use their majority in the Senate to oppose key government legislation. As the Senate had rejected the bills twice, the Prime Minister was entitled to request a double dissolution under section 57 of the Constitution. Prime Minister Gough Whitlam did so, and, on 18 May, an election for both houses of parliament was held. Campaigning for the Labor Party , Whitlam asked the electorate to let him "finish the job", using the slogan "Give Gough a Go". The Liberal and Country parties focused their campaign on government mismanagement and the state of the economy. The Labor Party was returned with a slightly reduced majority in the House of Representatives and, crucially, without the Senate majority it required to pass the legislation that had triggered the election. Unable to pass the legislation, Whitlam sought a joint sitting from Governor-General Sir John Kerr . On 30 July, Kerr issued a proclamation granting the prime minister his request and convening the joint sitting. The coalition parties sought to prevent the joint sitting by challenging the constitutional validity of the sitting in the High Court . The Writ s were issued by Senator Sir Magnus Cormack ( Lib ) and Senator Jim Webster ( CP ) on 1 August. Queensland also brought an action although it sought a more narrow declaration. The court delivered a unanimous decision on 5 August ('' Cormack V Cope '' (1974) 131 CLR 432), and ruled that the sitting was constitutionally valid. THE SITTING The joint sitting of all 187 parliamentarians was held over two days on 6 and 7 August. The event was covered by both radio and television. The House of Representatives chamber was chosen as the venue for the sitting. Explaining the choice Whitlam said it was "the people's House, the House where alone governments are made and unmade." Whitlam further commented that "at long last, after sustained stonewalling and filibustering, the parliament can proceed to enact these essential parts of the government's program." Snedden, on the other hand, was more cynical, stating "this is indeed an historic occasion. So many people have described it as such that one is convinced it must be." Given the importance of the occasion, both sides of politics showed behaviour and restraint. The Coalition continued to oppose the legislation but the Labor majority in the House meant that all the legislation was able to easily pass. Voting split along party lines for all bills: 96 ayes to 91 noes. On 8 August 1974, the Governor-General gave Royal Assent to all the bills. SUBSEQUENT LEGAL CHALLENGE Thirteen months later, four state litigants, VictoriaVictoria v. The Commonwealth and Connor (1975) 134 CLR 81, New South WalesNew South Wales v. The Commonwealth (1975) 135 CLR 337, QueenslandQueensland v. The Commonwealth (1975) 134 CLR 201 and Western AustraliaWestern Australia v. The Commonwealth (1975) 134 CLR 201 took legal action against the Minister for Minerals and Energy Rex Connor , and the Commonwealth Government and successfully overturned the ''Petroleum and Minerals Authority Act 1973'' on the grounds that correct constitutional procedure had not been followed, specifically that it had not been one of the 'proposed laws' in dispute when the double dissolution was called, and could not therefore be voted on by the joint session. Although the law remains on the statute books as No. 74 of 1973, it was invalidated by the ruling of the High Court EXTERNAL LINKS Opening Speech At The Joint Sitting Of Parliament The 1974 joint sitting of Parliament: thirty years on |
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